Govindram Seksariya Charity Trust 166 ITR 580 (MP) CIT v. Gabrial India Ltd. (203 ITR 109)

Q: What is Govindram Seksariya Charity Trust 166 ITR 580 (MP) CIT v. Gabrial India Ltd. authority for?

The case is cited for the proposition that an assessment order can be considered invalid if the Assessing Officer has not conducted sufficient enquiries regarding the transaction of long-term capital gains, especially when the assessee's submissions fail to satisfy the Principal Commissioner of Income Tax.

Q: How many judgments cite Govindram Seksariya Charity Trust 166 ITR 580 (MP) CIT v. Gabrial India Ltd.?

16 judgments on BharatTax cite Govindram Seksariya Charity Trust 166 ITR 580 (MP) CIT v. Gabrial India Ltd. (203 ITR 109), spanning 2016 to 2024.

Roop Kumar Chopra, Jaipur vs. PCIT Jaipur 1, Jaipur

In the result, the appeal of the assessee is allowed

ITA 264/JPR/2023[2018-19]Status: DisposedITAT Jaipur28 Feb 2024AY 2018-19

Bench: Him By The Assessee In Compliance To The Notice Notices Issued To Him U/S 142(1) As Well As U/S 143(2) Of The Act By The Ao As Erroneous In So Far As It Is Prejudicial To The Interest Of The Revenue For The Purpose Of Section 263 Of The Act & Consequently Setting Aside The Assessment Order Passed Dated 01-01-2021 To Be Made Afresh Made Is Most Arbitrarily, Unjust, Untenable & Liable To Be Vacated.’’

For Appellant: Shri Dheeraj Borad, CAFor Respondent: Shri Ajay Malik, CIT

Section 142(1)Section 142(2)Section 143Section 143(2)Section 143(3)Section 263Section 57

…uiries were conducted by the Ld. AO. Therefore, in view of such legal position, no action u/s 263 can be taken. The above contention of assessee is further fortified by the judgment of Hon’ble Supreme Court in the case of CIT v. Gabriel India Ltd. reported in 203 ITR 109 (Bom) wherein it has been held as under: -Revision--Exercise of power of CIT to make revision suomotu--Conditions precedent--CIT cannot revise order merely because he disagrees with conclusion arrived at by ITO--Expenditure allowed by ITO as being revenue in nature--CIT reopening matter under section 263 and hearing assessee--CIT directing ITO to…

Shishpal Singh Jadaun, Karauli vs. PCIT, Udaipur

In the result, the appeal filed by the assessee is allowed

ITA 177/JPR/2022[2017-18]Status: DisposedITAT Jaipur14 Sept 2022AY 2017-18

For Appellant: Shri Manish Agarwal, CAFor Respondent: Shri Avadhesh Kumar, CIT

Section 142(1)Section 143(2)Section 143(3)Section 14ASection 263

…the source of the cash deposit during the demonetization. To this, reply was filed and after considering the entire material submitted by assessee, the Ld. AO has framed his opinion. Hon'ble Supreme Court in the case of CIT v. Gabriel India Ltd. reported in 203 ITR 109 (Bom) wherein it has been held as under:- -Revision-Exercise of power of CIT to make revision suomotu— Conditions precedent--CIT cannot revise order merely because he disagrees with conclusion arrived at by ITO-Expenditure allowed by ITO as being revenue in nature—CIT, reopening matter under section 263 and hearing assessee-CIT directing ITO to r…

The Cricket Club of India Limited, Mumbai vs. Principal Commissioner of Income Tax - 1, Mumbai

In the result, appeal of the

ITA 2799/MUM/2018[2010-11]Status: DisposedITAT Mumbai03 Aug 2022AY 2010-11

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Shivani ChaurasiaFor Respondent: Shri H.N. Singh, CIT-DR

Section 143(3)Section 14ASection 250Section 263

…he Act which was in accordance with the provisions of law. The learned counsel of the assessee relied on the following judgment of the Hon’ble Apex Court reads as under:- 1. Malabar Industrial Co. Ltd. Vs CIT [243 ITR 83 (SC) 2. CIT Vs Gabriel India Ltd. [203 ITR 109 (Bombay HC] 3. Metacaps Engineering &Mahendra Construction Co. (J.V.) vs. CIT [2017] ( 86 taxman 128 )(Mumbai-Trib.) 4. Narayan Tatu Rane vs ITO [2016] (70 taxman 227 (Mumbai Trib.) 5. CIT Vs. Nirav Modi [309 ITR 292 (Mombay HC)] In the observation of the Hon’ble ITAT bearing ITA No. 3282/Mum/2015 vide order 18.04.2022, the order of Ld. 5…