Gurunanak Enterprises v. CIT

259 ITR 637Reported decision2003#20170 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2023.

Judgments citing Gurunanak Enterprises v. CIT

Jt CIT (OSD), CC-3(1), Mumbai vs. Vallabhbhai Parsottambhai Surani, Surat

In the result, appeal filed by the Revenue is dismissed

ITA 498/MUM/2021[2007-08]Status: DisposedITAT Mumbai15 Sept 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blejt. Commissioner Of Income Tax (Osd) V. Vallabhbhai Parsottambhai Surani Central Circle – 3(1) 1, Sundaram Bunglow Room No. 1924, 19Th Floor Lambe Hanuman Road Air India Building, Nariman Point Opp. Saiffe Society Mumbai – 400 021 Gujrat - 395006 Pan: Ajyps2262F (Appellant) (Respondent) C.O. No.164/Mum/2021 [Arising Out Of Ita No. 498/Mum/2021 (A.Y: 2007-08)] Vallabhbhai Parsottambhai Surani V. Jt. Commissioner Of Income Tax (Osd) 1, Sundaram Bunglow Central Circle – 3(1) Room No. 1924, 19Th Floor Lambe Hanuman Road Air India Building, Nariman Point Opp. Saiffe Society Mumbai – 400 021 Gujrat - 395006 Pan: Ajyps2262F (Appellant) (Respondent) Assessee Represented By : Shri Bharat Kumar Department Represented By : Dr. Mahesh Akhade

Section 132Section 139(1)Section 142Section 143(3)Section 153A

…. In absence of such books of accounts, no option was left to the Assessing Officer but to fall back on the provisions of section 142(2A) which has been provided for precisely these situations. The Delhi High Court in the case of Gurunanak Enterprises v. CIT [259 ITR 637] has observed similarly holding that: The word “and” signifies conjunction and not disjunction. In other words, the twin conditions of “nature and complexity of the accounts” and “the interests of Revenue” are the pre-requisites for exercise of power under Section 142(2A).Although the object behind enacting the said provision is to assist the Ass…

DCIT, New Delhi vs. M/S. Unitech Ltd., New Delhi

In the result, appeal of the assessee is allowed on preliminary ground, appeal of Revenue and its CO are dismissed

ITA 6648/DEL/2015[2010-11]Status: DisposedITAT Delhi27 Jun 2018AY 2010-11

Bench: Shri Rajpal Yadav & Shri O.P. Kantआयकर अपील सं./ Ita No. 6181/Del/2015 With Co No.376/Del/2015 & "नधा"रण वष"/Assessment Year: 2010-11 M/S.Unitech Limited Dcit, Cir.27(1) 6, Community Centre Vs New Delhi. Saket, New Delhi 17. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Salil Aggarwal, Ar Revenue By : Shri H.K. Choudhary, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/05/2018 घोषणा क" तार"ख /Date Of Pronouncement : 27/06/2018 O R D E R

For Appellant: Shri Salil Aggarwal, ARFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 142Section 143(3)Section 144C(4)

…is seeking to exercise the power u/s 142(2A) of the Income Tax Act merely to shift your responsibility to an auditor. The assessee also seek to place reliance on the judgement of the Hon'ble Delhi High Court in the case of Gurunanak Enterprises v. CIT [2003] 259 ITR 637 where the Hon'ble Court held that there should be formation of an opinion by the Assessing Officer in regard to nature and complexity of accounts of assessee and interest of revenue. In this regard there should be a proper application of mind by the Assessing Officer. In that case, the Court had dismissed the writ petition filed by the assessee,…

M/S. Unitech Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee is allowed on preliminary ground, appeal of Revenue and its CO are dismissed

ITA 6181/DEL/2015[2010-11]Status: DisposedITAT Delhi27 Jun 2018AY 2010-11

Bench: Shri Rajpal Yadav & Shri O.P. Kantआयकर अपील सं./ Ita No. 6181/Del/2015 With Co No.376/Del/2015 & "नधा"रण वष"/Assessment Year: 2010-11 M/S.Unitech Limited Dcit, Cir.27(1) 6, Community Centre Vs New Delhi. Saket, New Delhi 17. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Salil Aggarwal, Ar Revenue By : Shri H.K. Choudhary, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/05/2018 घोषणा क" तार"ख /Date Of Pronouncement : 27/06/2018 O R D E R

For Appellant: Shri Salil Aggarwal, ARFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 142Section 143(3)Section 144C(4)

…is seeking to exercise the power u/s 142(2A) of the Income Tax Act merely to shift your responsibility to an auditor. The assessee also seek to place reliance on the judgement of the Hon'ble Delhi High Court in the case of Gurunanak Enterprises v. CIT [2003] 259 ITR 637 where the Hon'ble Court held that there should be formation of an opinion by the Assessing Officer in regard to nature and complexity of accounts of assessee and interest of revenue. In this regard there should be a proper application of mind by the Assessing Officer. In that case, the Court had dismissed the writ petition filed by the assessee,…

Commissioner of Income Tax vs. Ashok Logani

ITA/553/2010HC Delhi11 May 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 142

…aring to the petitioner. These aspects have been discussed below. WPC 356-2011 & conn, matters Page 8 of 42 1]. It may be now appropriate to refer to two judgments of tlie Delfi High Court in Gunmanak Enterprises v. Commissioner ofIncome-tax ami 4nr. (2003) 259 ITR 637 and YumI Restaurants India Pvt. Ltd. v. •Commissioner •of Income-Tax, (2005) 278 ITR 401. • Ihc later judgment was referred to in the case of Rajesh Kumar's ease (supra) • and some observations have been made. However, we are referring to the said decision for a different purpose. In the case of Gwrimanak Enterprises (surpa), D.K. Jain, J. (as Hi…

Gurunanak Enterprises v. CIT (259 ITR 637) — Cited in 4 Judgments | BharatTax