Gurera Gas Cylinders Pvt. Ltd. v. CIT

Income Tax Officer, Ward-4(2), Jalandhar, Civil Lines vs. Sh. Barjesh Singhal, Modern Colony

In the result, the appeal filed by the revenue is allowed for statistical purpose

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

…tigation of the materials on the record, or the facts disclosed thereby or from other enquiry or research into facts or law, but was not in fact obtained, the jurisdiction of the Income-tax Officer a not affected (b) Gurera Gas cylinders (P) ltd vs CTT (2002)258 ITR 170(P&H) A perusal of the reasons recorded by respondent No. 2 shows that he had applied his mind to the relevant material and formed a belief that the petitioner had not disclosed complete facts which could enable it to claim deduction under section Not and, therefore, its income had not been properly assessed. At this stage, the court can neither…

Nasa Agro Industries Private Limited, Fazilka vs. Deputy Commissioner of Income Tax Circle-II, Bathinda

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

…to my notice subsequently in the course of assessment proceedings under this section, a notice u/s 148 is issued for the A.Y. 2011-12." 21. Thereafter he further relied on the jurisdictional High Court in the case of Gurera Gas Cylinders P Ltd vs CIT [2002] 258 ITR 170 ( P & H ) to submit that the reasons recorded shows clearly that the AO has further investigated and has applied his mind to the information received and has formed an opinion before recording reasons and at this stage the court cannot go into the sufficiency or adequacy of the reasons. 22. He further referred to the following jurisdictional H…

Principal Commissioner of Income Tax 1 Kolkata vs. Tanuj Properties Private Limited

The appeal stands disposed of with the above direction

Bench: : The Hon'Ble The Chief Justice T.S Sivagnanam -A N D- Hon'Ble Justice Chaitali Chatterjee (Das) Date : 14Th July, 2025.

…ment could reopen the case ? 2. Whether the Learned Income Tax Appellate Tribunal has committed substantial error in law in quashing the reopening of the assessment, ignoring the ratio laid down in the case of Gurera Gas Cylinders Pvt. Ltd. vs. CIT (2002) 258 ITR 170 (Punjab & Haryana) that at the stage of initiation of proceedings, the sufficiency, adequacy or correctness of the reasons cannot be examined ? 3. Whether the Learned Income Tax Appellate Tribunal has committed substantial error in law in quashing the reopening of the assessment, ignoring the ratio laid down in the case of G. Sukesh vs. Dy.…

Sh. Farukh Jehan Zeb, Srinagar vs. Income Tax Officer, Anant Nag

In the result, the appeal of the assessee is dismissed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…tigated and decided by the Assessing Authority. The appellant will be entitled to take all the points before the Assessing Authority. The appeals are dismissed.” 11. The Hon’ble Jurisdictional High Court in the case of “Gurera Gas Cylinders Pvt. Ltd. vs CIT 258 ITR 170 (P&H) on the issue of reasons has observed as under: “A perusal of the reasons recorded by respondent No. 2 shows that he had applied his mind to the relevant material and formed a belief that the petitioner 15 Farukh Ahmad Zeb v. ITO had not disclosed complete facts which could enable it to claim deduction under section 80-1 and, therefore, it…

Shrimati Amarjit Kaur W/O Bugar Singh, Mansa vs. Income Tax Officer Ward 1(4), Mansa

In the result, the appeal of the assessee is dismissed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…. The questions of fact and law are left open to be investigated and decided by the Assessing Authority. The appellant will be entitled to take all the points before the Assessing Authority. The appeals are dismissed. d) Gurera Gas Cylinders Pvt. Ltd. vs CIT 258 ITR 170 P&H A perusal of the reasons recorded by respondent No. 2 shows that he had applied his mind to the relevant material and formed a belief that the petitioner had not disclosed complete facts which could enable it to claim deduction under section 80-1 and, therefore, its income had not been properly assessed. At this stage, the court can neither…

M/S Blue City Township & Colonizers, Amritsar vs. The Income Tax Officer, Amritsar

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…Appellant Company stamp. In a series of decided cases of ACIT Vs Rajesh Jhaveri Stock Brokers P. Limited.291 ITR 500 SC, A.L.A. Firm v. CIT [1991] 189 ITR 285 (SC), Raymond Woollen Mills Limited. Vs ITO 236 ITR 34 SC, Gurera Gas Cylinders Pvt. Ltd. vs CIT 258 ITR 170 P&H, Jawand Sons Vs. CIT 326 ITR 39 P&H, Sewak Ram Vs ITO 236 CTR 462 (P&H), Aditya and Co. Vs CIT 279 ITR 47 P&H, Tilak Raj Bedi Vs. JCIT 319 ITR 385 P&H, Pb. State Cooperative Agriculture Dev Bank Vs. CIT 207 CTR 352 P&H, Grover Nursing Home 248 ITR 493 P&H, Consolidated Photo & Finvest Ltd. Vs. ACIT 281 ITR 394 Del the principle is laid d…

Shri Baljinder Singh, Bathinda vs. Income Tax Officer, Ward 2(1), Bathinda

In the result, both the appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…. The questions of fact and law are left open to be investigated and decided by the assessing authority. The appellant will be entitled to take all the points before the assessing authority. The appeals are dismissed. d) Gurera Gas Cylinders Pvt. Ltd. vs CIT 258 ITR 170 P&H A perusal of the reasons recorded by respondent No. 2 shows that he had applied his mind to the relevant material and formed a belief that the petitioner had not disclosed complete facts which could enable it to claim deduction under section 80-1 and, therefore, its income had not been properly assessed. At this stage, the court can neither g…

Shrimati Manjit Kaur, Bathinda vs. Income Tax Officer, Ward 2 (1), Bathinda

In the result, both the appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…. The questions of fact and law are left open to be investigated and decided by the assessing authority. The appellant will be entitled to take all the points before the assessing authority. The appeals are dismissed. d) Gurera Gas Cylinders Pvt. Ltd. vs CIT 258 ITR 170 P&H A perusal of the reasons recorded by respondent No. 2 shows that he had applied his mind to the relevant material and formed a belief that the petitioner had not disclosed complete facts which could enable it to claim deduction under section 80-1 and, therefore, its income had not been properly assessed. At this stage, the court can neither g…