Dy. CIT v. Zuari Estate Development and Investment Co. Ltd.

373 ITR 661Supreme Court of India2015#1882 most cited

What is Dy. CIT v. Zuari Estate Development and Investment Co. Ltd. authority for?

Reopening of assessment beyond four years under Section 147 requires strict satisfaction of conditions precedent, including fresh tangible material, and cannot be based on a mere change of opinion from the original assessment. Further, debatable or interpretational issues cannot be adjusted during processing under Section 143(1).

61

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2026.

Also referred to as

Dy. CIT v. Zuari Estate Development · Zuari Estate Development · reassessment beyond four years · Section 147 first proviso · change of opinion · tangible material for reopening · Section 143(1) processing scope · debatable interpretational issues 143(1)(a) · Kelvinator principle · charitable trusts Section 11

Also reported as

63 Taxmann.com 177236 Taxmann 1

Issues it is cited on

Judgments citing Dy. CIT v. Zuari Estate Development and Investment Co. Ltd.

DCIT Cen Cir 2(1), Mumbai vs. United Stock Exchange of India Ltd, Mumbai

ITA 541/MUM/2017[2009-10]Status: DisposedITAT Mumbai12 Sept 2018AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./I.T.A. No.541/Mum/2017 (िनधा"रणवष" / Assessment Year: 2009-10) Deputy Commissioner Of Income Tax United Stock Exchange Of India Ltd. (Since Merged With Bse Limited) Central Circle-2(1) बनाम/ 25Th Floor (West Wing), P.J. Towers Room No.804,8Th Floor Vs. Dalal Street, Fort Old Cgo Building, Annex Mumbai-400 001 M.K.Road,Mumbai-400 020 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aabcu-0464-G (अपीलाथ"/Appellant) (""थ" / Respondent) : & Cross Objection No.103/Mum/2018 (िनधा"रणवष" / Assessment Year: 2009-10) United Stock Exchange Of India Ltd. Deputy Commissioner Of Income (Since Merged With Bse Limited) Tax Central Circle-2(1) बनाम/ 25Th Floor (West Wing), P.J. Towers Room No.804,8Th Floor Vs. Dalal Street, Fort Old Cgo Building, Annex Mumbai-400 001 M.K.Road,Mumbai-400 020 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aabcu-0464-G (अपीलाथ"/Appellant) (""थ" / Respondent) :

For Appellant: Vijay Mehta, Ld. ARFor Respondent: Vidisha Kalra, Ld. CIT DR
Section 132Section 132(1)Section 132ASection 139Section 143(3)Section 153ASection 153A(1)Section 3

…wed. Therefore, a plain reading clearly establishes that in undisputed terms, Hon'ble Supreme Court has held that 143(l)(a) intimation is not assessment at all. Subsequently. Supreme Court in Dy. CIT v. Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 further settled the legal position that where the return had been processed under section 143(1) of the Act, there was no 'assessment'. 2. Order of Supreme Court in Rajesh Jhaveri not discussed in any case: In Perusal of various decisions namely Kabul Chawla, Anil Kumar Bhatia, Chetandas Lachmandas, Canara Housing. Filatex India Ltd. and Contine…