Goetze (India) Ltd. v. CIT

284 ITR 323Supreme Court of India2006#13 most cited

What is Goetze (India) Ltd. v. CIT authority for?

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

1,842

judgments rely on this decision, according to BharatTax’s citation analysis of 367,514 Indian tax judgments — from 2008 to 2026.

Also referred to as

Goetze (India) Ltd v CIT · new claim by assessee · additional ground · revised return of income · section 139(5) · Assessing Officer powers · CIT(A) powers · ITAT powers · assessment proceedings · fresh claim · 284 ITR 323

Also reported as

157 Taxmann 1204 CTR 182157 Taxmann.com 1

Issues it is cited on

Judgments citing Goetze (India) Ltd. v. CIT

Amit Bhaskarrao Sanap, Aurangabad vs. Assistant Commissioner of Income-Tax, Circle -3, Aurangabad

In the result, appeal of the Assessee is Dismissed

ITA 78/PUN/2019[2015-16]Status: DisposedITAT Pune19 Oct 2022AY 2015-16

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.78/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Amit Bhaskarrao Sanap, The Assistant A-2, N-4, Cidco, Aurangabad, Vs Commissioner Of Income Maharashtra – 431001. Tax, Circle-3, Aurangabad. Pan: Auips 4177 L Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri S P Walimbe & Shri Arvind Desai – Dr Date Of Hearing 25/07/2022 Date Of Pronouncement 19/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Aurangabad, Dated 13.11.2018 For The A.Y. 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner (A), Aurangabad Confirming The Addition Of Rs.1,93.17.241/- Made By The A.O. In Computing The Income U/S 56 Instead Of Exempt U S. 10(38) Of The Act Of The Appellant Is Contrary To Law & Facts Of The Case.

Section 10(38)Section 56

…t for the LTCG of Rs.1,93,17,241/-.During the assessment proceedings the Assessee claimed exemption u/s 10(38) for LTCG of Rs.1,93,17,241/-. The Assessing Officer (AO) rejected the claim of exemption u/s 10(38) following Hon’ble SC decision in Goetz India Ltd 284 ITR 323. However, in the assessment order the AO held that the scrips P S I T Infrastructure and Services Ltd (PSIT) and Mahavir Advanced remedies Ltd(MARL) were penny stocks, tainted scrips utilized for the purpose of accommodation entries. Therefore, the AO held that LTCG of Rs.1,93,17,241/- as bogus and added the amount u/s.56 of the Act. Aggrieved by…

Bachubhai Dharamshi Arethiya, Navi Mumbai vs. Asst CIT CC 3, Thane

In the result with the above discussion Ground No-4 raised by the assessee is dismissed, as we don’t see any reason to interfere in the findings of Ld

ITA 890/MUM/2020[2013-14]Status: DisposedITAT Mumbai14 Oct 2022AY 2013-14

Bench: Shri Aby T Varkey & Shri Gagan Goyalbachubhai Dharamshi Arethiya, 230, 2Nd Floor, Big Splash, Plot No. 78-79, Sec.Tor-17, Vashi, Navi Mumbai-400705. Pan: Adepp8750F ...... Appellant Vs. Acit, Cc- 3, Room No. 12, A-Wing, Ashar It Park, 6Th Floor, Road No. 16Z, Wagle Industrial Estate, Thane (West)-400604. ..... Respondent Appellant By : Ms. Ritika Agarwal, Adv. Respondent By : Sh. Chetan M. Kacha, Sr.Dr Date Of Hearing : 18/07/2022 Date Of Pronouncement : 14/10/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeal), Pune-11 [Hereinafter Referred To As [‘Cit(A)’] Dated 17.01.2020 Passed Under Section 250 Of The Income Tax Act, 1961

For Appellant: Ms. Ritika Agarwal, AdvFor Respondent: Sh. Chetan M. Kacha, Sr.DR
Section 10Section 10(38)Section 132Section 14ASection 250Section 28

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B”, MUMBAI BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER Bachubhai Dharamshi Arethiya, 230, 2nd Floor, Big Splash, Plot No. 78-79, Sec.tor-17, Vashi, Navi Mumbai-400705. PAN: ADEPP8750F ...... Appellant Vs. ACIT, CC- 3, Room No. 12, A-Wing, Ashar IT Park, 6th Floor, Road No. 16Z, Wagle Industrial Estate, Thane (West)-400604. ..... Respondent Appellant by : Ms. Ritika Agarwal, Adv. Respondent by : Sh. Chetan M. Kacha, Sr.DR Date of hearing : 18/07/2022 Date of pronouncement : 14/10/2022 ORDER PER GAGAN GOYAL, A.M: This appeal…

Essel Mining & Industries Limited, West Bengal vs. DCIT Central Cir-1(4), Mumbai

In the result, appeal by assessee is partly allowed

ITA 188/MUM/2021[2007-08]Status: DisposedITAT Mumbai07 Oct 2022AY 2007-08

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 188/मुं/2021 (िन.व. 2007-08) Essel Mining & Industries Limited, Industry House, 18Th Floor, 10, Camac Street, Kolkata – 700 017 Pan: Aaace-6607-L ...... अपीलाथ" /Appellant बनाम Vs. Dy. Commissioner Of Income Tax, Cen.Circle-1(4), 9Th Flor, Old Cgo Building, M.K.Road, Mumbai-400020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Yogesh Thar & Ms.Sukanya Jayaram "ितवादी "ारा/Respondent By : Shri Abhijit Chaudhari सुनवाई की ितिथ/ Date Of Hearing : 13/09/2022 घोषणा की ितिथ/ Date Of Pronouncement : 07/10/2022 आदेश/ Order

For Appellant: Shri Yogesh Thar and Ms.Sukanya JayaramFor Respondent: Shri Abhijit Chaudhari
Section 143(3)Section 244A(1)

…essee made the aforesaid claim during the course of assessment proceedings. In the return of income no claim was made by the assessee on this account. The Assessing Officer in the light of the decision of Hon’ble Apex Court in the case of Goetze (India) Ltd., 284 ITR 323 (SC) rejected assessee’s claim. The assessee was unsuccessful even before the CIT(A). The issue travelled to the Tribunal. The Kolkata Bench of the Tribunal vide order dated 20/05/2016 directed the Assessing Officer to accept assessee’s claim and reduce its total taxable income by Rs.5.79 crores. As a result of reduction in returned income refund…

ACIT Cent. Cir 3(3), Mumbai vs. M/S. Aym Syntex Ltd, Mumbai

ITA 2550/MUM/2021[2014-15]Status: DisposedITAT Mumbai29 Sept 2022AY 2014-15

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2013-14 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 Asst. Cit Cc-3(3), Central Range-3, M/S Aym Syntex Ltd., Room No. 1923, 19Th Floor, Air India 9Th Floor Trade World, Senapati Building, Nariman Point, Vs. Bapat Marg, Kmala Mills Mumbai-400021. Compound, Lower Parel, Mumbai-400011. Pan No. Aaacw 0489 L Appellant Respondent

Section 14A

…held that the CIT(A) has a 85 (SC)], the Hon'ble Apex Court has held that the CIT(A) has a power coterminous with the Asses power coterminous with the Assessing Officer. Furthermore, in the sing Officer. Furthermore, in the case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not ma…

ACIT- CC -3, Mumbai vs. Aym Syntex Ltd., Mumbai

ITA 2549/MUM/2021[2015-16]Status: DisposedITAT Mumbai29 Sept 2022AY 2015-16

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2013-14 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 Asst. Cit Cc-3(3), Central Range-3, M/S Aym Syntex Ltd., Room No. 1923, 19Th Floor, Air India 9Th Floor Trade World, Senapati Building, Nariman Point, Vs. Bapat Marg, Kmala Mills Mumbai-400021. Compound, Lower Parel, Mumbai-400011. Pan No. Aaacw 0489 L Appellant Respondent

Section 14A

…held that the CIT(A) has a 85 (SC)], the Hon'ble Apex Court has held that the CIT(A) has a power coterminous with the Asses power coterminous with the Assessing Officer. Furthermore, in the sing Officer. Furthermore, in the case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not ma…

Aym Syntex Ltd. (Formerly Known As M/S. Welspun Syntex Ltd.), Mumbai vs. DCIT- CC- 3(4), Mumbai

ITA 2342/MUM/2021[2015-16]Status: DisposedITAT Mumbai29 Sept 2022AY 2015-16

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2013-14 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 Asst. Cit Cc-3(3), Central Range-3, M/S Aym Syntex Ltd., Room No. 1923, 19Th Floor, Air India 9Th Floor Trade World, Senapati Building, Nariman Point, Vs. Bapat Marg, Kmala Mills Mumbai-400021. Compound, Lower Parel, Mumbai-400011. Pan No. Aaacw 0489 L Appellant Respondent

Section 14A

…held that the CIT(A) has a 85 (SC)], the Hon'ble Apex Court has held that the CIT(A) has a power coterminous with the Asses power coterminous with the Assessing Officer. Furthermore, in the sing Officer. Furthermore, in the case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not ma…

M/S. Aym Syntex Ltd (Formerly Known As M/S. Welspun Syntex Ltd, Mumbai vs. DCIT -Cent Cir-3(4), Mumbai

ITA 2341/MUM/2021[2014-15]Status: DisposedITAT Mumbai29 Sept 2022AY 2014-15

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2013-14 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 Asst. Cit Cc-3(3), Central Range-3, M/S Aym Syntex Ltd., Room No. 1923, 19Th Floor, Air India 9Th Floor Trade World, Senapati Building, Nariman Point, Vs. Bapat Marg, Kmala Mills Mumbai-400021. Compound, Lower Parel, Mumbai-400011. Pan No. Aaacw 0489 L Appellant Respondent

Section 14A

…held that the CIT(A) has a 85 (SC)], the Hon'ble Apex Court has held that the CIT(A) has a power coterminous with the Asses power coterminous with the Assessing Officer. Furthermore, in the sing Officer. Furthermore, in the case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not ma…

Aym Syntex Ltd.(Formerly Known As M/S. Welspun Syntex Ltd.), Mumbai vs. DCIT- CC- 3(3), Mumbai

ITA 2340/MUM/2021[2013-14]Status: DisposedITAT Mumbai29 Sept 2022AY 2013-14

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2013-14 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 M/S Aym Syntex Ltd. (Formerly Dcit-Central Circel-3(3), Known As M/S Welspun Syntex Ltd.), Air India Building Nariman 9Th Floor, B Wing, Trade World, Vs. Point, Senapati Bapat Marg, Lower Parel, Mumbai-400021. Mumbai-400013. Pan No. Aaacw 0489 L Appellant Respondent Assessment Year: 2014-15 Asst. Cit Cc-3(3), Central Range-3, M/S Aym Syntex Ltd., Room No. 1923, 19Th Floor, Air India 9Th Floor Trade World, Senapati Building, Nariman Point, Vs. Bapat Marg, Kmala Mills Mumbai-400021. Compound, Lower Parel, Mumbai-400011. Pan No. Aaacw 0489 L Appellant Respondent

Section 14A

…held that the CIT(A) has a 85 (SC)], the Hon'ble Apex Court has held that the CIT(A) has a power coterminous with the Asses power coterminous with the Assessing Officer. Furthermore, in the sing Officer. Furthermore, in the case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC), it was held by the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not made in the the Hon'ble Apex Court that the claim of deduction not ma…