Haryana Acrylic Manufacturing Company v. CIT

308 ITR 38High Court2009#349 most cited

What is Haryana Acrylic Manufacturing Company v. CIT authority for?

Reassessment proceedings are invalid if the reasons recorded for initiating action under section 148 are not served on the assessee within the limitation period prescribed by section 149. Furthermore, reassessment cannot be based on a mere change of opinion without tangible material, particularly when the assessee has made a full and true disclosure of material facts.

248

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2010 to 2026.

Also referred to as

Haryana Acrylic Manufacturing Company v. CIT · 308 ITR 38 · reassessment proceedings · section 147 · section 148 · section 149 · service of reasons · limitation period · mere change of opinion · full and true disclosure · escapement of income · Kelvinator

Also reported as

175 Taxmann 262

Sections most often in play

Section 147Section 148Section 143(3)Section 139Section 68Section 142(1)Section 151Section 133(6)

Issues it is cited on

material facts necessary for assessmentsection 147(a)first proviso to section 147beyond four yearsfull and true disclosurekelvinatormere change of opinionlive linkchange of opinionescapement of incomereason to believetangible material

Judgments citing Haryana Acrylic Manufacturing Company v. CIT

M/S. Sharda Exports, Meerut vs. The Income Tax Officer, Ward-1(3)(3), Haridwar

In the result, the appeal of the Assessee is allowed and the appeal of the revenue is dismissed

ITA 39/DDN/2022[2005-2006]Status: DisposedITAT Dehradun15 Sept 2023AY 2005-2006

Bench: Sh. C. N. Prasad & Shri M. Balaganesh(Through Video Conferencing) M/S. Sharda Exports, Vs. Ito, C/O. Sh. Jitendra Kumar Gupta, Ward-1(3)(3), 219, Railway Road, Meerut Haridawar (Appellant) (Respondent) Pan: Aayfs1694N Dcit, Vs. M/S. Sharda Exports, Central Circle, C/O. Sh. Jitendra Kumar Gupta, Dehradun 219, Railway Road, Meerut (Appellant) (Respondent) Pan: Aayfs1694N

For Appellant: Shri Raj Kumar, CAFor Respondent: Shri Amar Singh Rana, Sr. DR
Section 147Section 148Section 151Section 80Section 80I

…o section 147 of the Act, the re- assessment deserves to be quashed. Reliance in this regard has been rightly placed by the ld AO on the decision of the Hon’ble Jurisdictional High Court in the case of Haryana Acrylic Manufacturing Company Vs. CIT reported in 308 ITR 38 and CIT Vs. Suren International Pvt. Ltd reported in 357 ITR 24 ( Delhi). 10. We find that the ld AO had adjudicated the reasons recorded for both the notices issued u/s 148 of the Act in a single reassessment order and completely denied the deduction u/s 80IC of the Act. Admittedly, for the first notice u/s 148 dated 17.08.2010, neither the same…

Maya Devi Agrawal, Raipur vs. Income Tax Officer-1(3), Raipur

In the result, the assessee's appeal is allowed in terms of my observations above

ITA 193/RPR/2023[2008-09]Status: DisposedITAT Raipur08 Sept 2023AY 2008-09

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 193/Rpr/2023 "नधा"रण वष" / Assessment Year : 2008-09 Maya Devi Agrawal Near Dena Bank, Dupan Para Kharora, Raipur (C.G.)-493 225 Pan : Acipa5876A .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(3), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148

…ilure of the assessee to disclose fully and truly all material facts which were necessary for her assessment is not permissible is supported by the judgment of the Hon’ble High Court of Delhi in the case of Haryana Acrylic Manufacturing Company Vs. CIT (2009) 308 ITR 38 (Del). Also, a similar view had been taken by the Hon’ble High Court of Punjab & Haryana in the case of Duli Chand Singhania vs. Assistant Commissioner of Income (2004) 269 ITR 192 (P& H). Apart from that, we find that the Hon’ble Supreme Court in the case of New Delhi Television Ltd. vs Deputy Commissioner of Income 11 Maya Devi Agrawal Vs. ITO-…

Showtime Events India Pvt. Ltd., New Delhi vs. DCIT, Circle- 23(1), New Delhi

In the result, the appeal of the assessee in ITA No

ITA 4239/DEL/2017[2008-09]Status: DisposedITAT Delhi22 Aug 2023AY 2008-09

Bench: Shri N.K. Billaiya & Shri Yogesh Kumar U.S

For Appellant: Shri Raghvendra Singh, AdvFor Respondent: Shri Anuj Garg, Sr. DR
Section 143(3)Section 147Section 148Section 154

…based on a tangible material and non recording of the same would render the entire reassessment null and void. 13. Our view is fortified by the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Haryana Acrylic Manufacturing Company 308 ITR 38 wherein the Hon'ble High Court has held as under: “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Me…

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4973/DEL/2018[2009-10]Status: DisposedITAT Delhi08 Aug 2023AY 2009-10

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

…e based on a tangible material and non recording of the same would render the entire reassessment null and void. 7. Our view is fortified by the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Haryana Acylic Manufacturing Company 308 ITR 38 wherein the Hon'ble High Court has held as under: “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Me…

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4972/DEL/2018[2011-12]Status: DisposedITAT Delhi08 Aug 2023AY 2011-12

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

…e based on a tangible material and non recording of the same would render the entire reassessment null and void. 7. Our view is fortified by the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Haryana Acylic Manufacturing Company 308 ITR 38 wherein the Hon'ble High Court has held as under: “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Me…

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4971/DEL/2018[2010-11]Status: DisposedITAT Delhi08 Aug 2023AY 2010-11

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

…e based on a tangible material and non recording of the same would render the entire reassessment null and void. 7. Our view is fortified by the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Haryana Acylic Manufacturing Company 308 ITR 38 wherein the Hon'ble High Court has held as under: “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Me…

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4970/DEL/2018[2008-09]Status: DisposedITAT Delhi08 Aug 2023AY 2008-09

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

…e based on a tangible material and non recording of the same would render the entire reassessment null and void. 7. Our view is fortified by the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Haryana Acylic Manufacturing Company 308 ITR 38 wherein the Hon'ble High Court has held as under: “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Me…

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4969/DEL/2018[2007-08]Status: DisposedITAT Delhi08 Aug 2023AY 2007-08

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

…e based on a tangible material and non recording of the same would render the entire reassessment null and void. 7. Our view is fortified by the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Haryana Acylic Manufacturing Company 308 ITR 38 wherein the Hon'ble High Court has held as under: “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Me…

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4968/DEL/2018[2006-07]Status: DisposedITAT Delhi08 Aug 2023AY 2006-07

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

…e based on a tangible material and non recording of the same would render the entire reassessment null and void. 7. Our view is fortified by the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Haryana Acylic Manufacturing Company 308 ITR 38 wherein the Hon'ble High Court has held as under: “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Me…

Motorola Solutions India Pvt. Ltd., Gurgaon vs. DCIT, Circle- 2, Gurgaon

In the result, Appeal of the Assessee is partly allowed

ITA 672/DEL/2018[2008-09]Status: DisposedITAT Delhi06 Jun 2023AY 2008-09

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar Usi.T.A. No. 672/Del/2018 (A.Y 2008-09)

Section 143(2)Section 143(3)Section 147Section 151Section 234BSection 244ASection 271(1)(c)Section 37(1)Section 43B

…t. The above said view is supported by following decisions:- • Wei Inter trade (P.) Ltd. vs. ITO: [2009] 308 ITR 22 (Del) • CIT vs. Indian Farmers Fertilizers Cooperative Ltd. [2008]171 Taxman 379 (Del) • Haryana Acrylic Manufacturing Company vs. CIT: [2008] 308 ITR 38 (Del) • Atma Ram Properties (P.) Ltd. vs. DCIT: [2011] 343 ITR 141 (Del) • CIT vs. Purolator India Ltd.: [2012] 343 ITR 155 (Del) • Best Cyber city India Pvt. Ltd. vs. CIT: [2019] 414 ITR 385 (Del) 15. By considering the above facts and circumstances and by following the above judicial pronouncements (supra) on the issue in hand, we find merit in…

Girdhari Finlease Pvt. Ltd., New Delhi vs. ITO, Ward-12(4), New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 2770/DEL/2019[2010-11]Status: DisposedITAT Delhi08 May 2023AY 2010-11

Bench: Shri C.M. Garg & Dr. B. R. R. Kumargirdhari Finlease Pvt. Ltd, Vs. Ito, C/O. Kapil Goel, Adv, Ward-12(4), F-26/124, Sector-7, Rohini, New Delhi Delhi-110085 (Appellant) (Respondent) Pan: Aaacg4842M Assessee By : Sh. Ruchesh Sinha, Adv Revenue By: Sh. Anuj Garg, Sr. Dr Date Of Hearing 15/02/2023 Date Of Pronouncement 08/05/2023

For Appellant: Sh. Ruchesh Sinha, AdvFor Respondent: Sh. Anuj Garg, Sr. DR
Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE Shri C.M. Garg, Judicial Member AND Dr. B. R. R. Kumar, Accountant Member Girdhari Finlease Pvt. Ltd, Vs. ITO, C/o. Kapil Goel, Adv, Ward-12(4), F-26/124, Sector-7, Rohini, New Delhi Delhi-110085 (Appellant) (Respondent) PAN: AAACG4842M Assessee by : Sh. Ruchesh Sinha, Adv Revenue by: Sh. Anuj Garg, Sr. DR Date of Hearing 15/02/2023 Date of pronouncement 08/05/2023 O R D E R PER C. M. GARG, J. M.: 1. This is an appeal filed by the assessee against the order of the ld CIT(A)-22, New Delhi dated 13.02.2019 for AY 2010-11. 2. Ground No. 1 and 1.1 of th…

Deepak Garg, Haryana vs. Deputy Commissioner of Income Tax, CC, Krnal, Haryana

In the result appeal of the assessee is allowed as indicated above

ITA 1046/DEL/2021[2010-11]Status: DisposedITAT Delhi04 May 2023AY 2010-11

Bench: Shri G. S. Pannua N D Shri Challa Nagendra Prasad

For Appellant: Advocate
Section 143(2)Section 147Section 69

…nt, such reassessment proceedings initiated are void ab initio in view of the first proviso to Section 147. 9.2 Reliance in this regard is placed upon the decision of the Hon'ble Delhi High Court in the case of Haryana Acrylic Manufacturing Co. vs CIT [2009] 308 ITR 38 (Del); State Bank of Patiala Vs. CIT reported in [(2015) 375 ITR 109 (P & H)]; JSRS Udyog Ltd. Vs. ITO [313 ITR 321 (Del.)]; CIT Vs. Viniyas Finance & Investment (P) Ltd. [357 ITR 646 (Del)]. Therefore, it is respectfully submitted, in the instant case also, the issue of notice u/s 148 of the Act and consequent assessment proceedings u/s 147 of th…

DCIT, New Delhi vs. M/S Mahanagar Telephone Nigam Ltd., New Delhi

In the result, appeal of the Assessee is allowed and that of the

ITA 4817/DEL/2016[2007-08]Status: DisposedITAT Delhi27 Apr 2023AY 2007-08

Bench: Shri N.K. Billaiya & Shri Anubhav Sharmaआ.अ.सं/.I.T.A No.4817/Del/2016 िनधा"रणवष"/Assessment Year:2007-08 बनाम Dcit Mahanagar Telephone Nigam Circle-1, Ltu, Nbcc Plaza, Vs. Ltd., 5Th Floor, 9, Cgo Complex, Pushap Vihar, New Delhi. Lodhi Road, New Delhi. Pan No. Aaacm0828R अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.4349/Del/2016 िनधा"रणवष"/Assessment Year:2007-08 बनाम Mahanagar Telephone Dcit Nigam Ltd., Vs. Circle-1, Ltu, Nbcc Plaza, 5Th Floor, 9, Pushap Vihar, New Delhi. Cgo Complex, Lodhi Road, New Delhi. Pan No. Aaacm0828R अपीलाथ" Appellant ""यथ"/Respondent

Section 143(3)Section 147Section 148

…t also be occasioned by the failure on the part of the assessee to disclose material facts fully and truly. For this proposition, we draw support from the decision of the Hon’ble Jurisdictional High Court in the case of Haryana Acrylic Manufacturing Company [308 ITR 38], wherein the Hon’ble High Court has held as under: - “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to t…

Mahanagar Telephone Nigam Ltd., New Delhi vs. DCIT (Ltu), New Delhi

In the result, appeal of the Assessee is allowed and that of the

ITA 4349/DEL/2016[2007-08]Status: DisposedITAT Delhi27 Apr 2023AY 2007-08

Bench: Shri N.K. Billaiya & Shri Anubhav Sharmaआ.अ.सं/.I.T.A No.4817/Del/2016 िनधा"रणवष"/Assessment Year:2007-08 बनाम Dcit Mahanagar Telephone Nigam Circle-1, Ltu, Nbcc Plaza, Vs. Ltd., 5Th Floor, 9, Cgo Complex, Pushap Vihar, New Delhi. Lodhi Road, New Delhi. Pan No. Aaacm0828R अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.4349/Del/2016 िनधा"रणवष"/Assessment Year:2007-08 बनाम Mahanagar Telephone Dcit Nigam Ltd., Vs. Circle-1, Ltu, Nbcc Plaza, 5Th Floor, 9, Pushap Vihar, New Delhi. Cgo Complex, Lodhi Road, New Delhi. Pan No. Aaacm0828R अपीलाथ" Appellant ""यथ"/Respondent

Section 143(3)Section 147Section 148

…t also be occasioned by the failure on the part of the assessee to disclose material facts fully and truly. For this proposition, we draw support from the decision of the Hon’ble Jurisdictional High Court in the case of Haryana Acrylic Manufacturing Company [308 ITR 38], wherein the Hon’ble High Court has held as under: - “20. In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to t…

The ACIT, Central-1, Indore vs. M/S Surya Infra Venture Pvt. Ltd., Indore

ITA 232/IND/2021[2012-13]Status: DisposedITAT Indore24 Nov 2022AY 2012-13

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

…1 Surya Infraventure ITA 216 of 2021 and others IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER And SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER ITA Nos.216, 217 & 232/Ind/2021 A.Y. 2010-11, 2011-12 & 2012-13 ACIT, Central-1, Indore :: Appellant Vs Surya Infraventure P. Ltd., Indore PAN – AADCA 4235 D :: Respondent C.O. No.17 & 15/Ind/2022 (Arising out of ITA No.216 & 232/Ind/2021 A.Y. 2010-11 & 2012-13) Surya Infraventure P. Ltd., Indore PAN – AADCA 4235 D :: Appellant Vs ACIT, Central-1, Indore l :: Respondent Assessee by Shri S. N. Agrawal & Shri B…

The Ait, Entral-1, Indore vs. Surya Infraventure P Ltd, Indore

ITA 217/IND/2021[201-13]Status: DisposedITAT Indore24 Nov 2022

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

…1 Surya Infraventure ITA 216 of 2021 and others IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER And SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER ITA Nos.216, 217 & 232/Ind/2021 A.Y. 2010-11, 2011-12 & 2012-13 ACIT, Central-1, Indore :: Appellant Vs Surya Infraventure P. Ltd., Indore PAN – AADCA 4235 D :: Respondent C.O. No.17 & 15/Ind/2022 (Arising out of ITA No.216 & 232/Ind/2021 A.Y. 2010-11 & 2012-13) Surya Infraventure P. Ltd., Indore PAN – AADCA 4235 D :: Appellant Vs ACIT, Central-1, Indore l :: Respondent Assessee by Shri S. N. Agrawal & Shri B…

The ACIT, Circle 2(1), Indore vs. M/S Surya Infra Venture Pvt. Ltd., Indore

ITA 216/IND/2021[2010-11]Status: DisposedITAT Indore24 Nov 2022AY 2010-11

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

…1 Surya Infraventure ITA 216 of 2021 and others IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER And SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER ITA Nos.216, 217 & 232/Ind/2021 A.Y. 2010-11, 2011-12 & 2012-13 ACIT, Central-1, Indore :: Appellant Vs Surya Infraventure P. Ltd., Indore PAN – AADCA 4235 D :: Respondent C.O. No.17 & 15/Ind/2022 (Arising out of ITA No.216 & 232/Ind/2021 A.Y. 2010-11 & 2012-13) Surya Infraventure P. Ltd., Indore PAN – AADCA 4235 D :: Appellant Vs ACIT, Central-1, Indore l :: Respondent Assessee by Shri S. N. Agrawal & Shri B…

Maruti Clean Coal and Power Ltd., Raipur vs. Pr. Commisioner Income Tax-1, Raipur

ITA 55/RPR/2021[2011-12]Status: DisposedITAT Raipur31 Oct 2022AY 2011-12

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 55/Rpr/2021 "नधा"रण वष" / Assessment Year : 2011-12 Maruti Clean Coal & Power Ltd. Ward No.42, Building No.14, Civil Lines, Near Income Tax Colony, Chhattisgarh-492 001. Pan : Aadcm4810C .......अपीलाथ" / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax-1, Raipur (C.G.) ……""यथ" / Respondent Assessee By :Shri Salil Kapoor, Ms. Ananya Kapoor & Ms. Soumya Singh, Advocates. Revenue By :Shri P. K Mishra, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 05.08.2022 घोषणा क" तार"ख / Date Of Pronouncement : 31.10.2022

For Appellant: Shri Salil Kapoor, Ms. AnanyaFor Respondent: Shri P. K Mishra, CIT-DR
Section 143(3)Section 147Section 148Section 263Section 263(2)

…alidly issued after expiry of four years from the end of the relevant assessment year. In support of his said contention support was drawn from the judgment of the Hon’ble High Court of Delhi in the case of Haryana Acrylic Manufacturing Company Vs. CIT (2009) 308 ITR 38 (Del). Also the 27 Maruti Clean Coal and Power Ltd. Vs. Pr. CIT-1, Raipur Ld. AR had relied on the judgment of the Hon’ble High Court of Punjab & Haryana in the case of Duli Chand Singhania vs Assistant Commissioner of Income (2004) 269 ITR 192 (P&H). Referring to the judgment in the case of Duli Chand Singhania (supra) it was submitted by the Ld.…

DCIT 13(1)(2), Mumbai vs. Pebble Bay Developers P.Ltd, Mumbai

In the result, appeal of the In the result, appeal of the Revenue is allowed for statistical purposes, is allowed for statistical purposes, whereas the application of the assessee under rule 27 is ...

ITA 5744/MUM/2017[2008-09]Status: DisposedITAT Mumbai21 Oct 2022AY 2008-09

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2008-09 Dy. Commissioner Of Income- M/S Pebble Bay Developers Tax-13(1)(2), Pvt. Ltd., 2Nd Floor, Room No. 218, Vs. Raheja Chambers, Linking Aayakar Bhavan, M.K. Road, Road, Main Avenue Santacruz Mumbai-400020. (West), Mumbai-400054. Pan No. Aaccg 1645 E Appellant Respondent Revenue By : Ms. Vranda Matkari, Dr Assessee By : Mr. Nishit Gandhi, Ar Date Of Hearing : 26/08/2022 Date Of Pronouncement : 21/10/2022

For Appellant: Mr. Nishit Gandhi, ARFor Respondent: Ms. Vranda Matkari, DR
Section 143(1)Section 148Section 69C

…Ld. Counsel relied on the decision of the Hon’ble Delhi High Court in the case of relied on the decision of the Hon’ble Delhi High Court in the case of relied on the decision of the Hon’ble Delhi High Court in the case of Haryana Acrylic mgg Co. Vs CIT (2009) 308 ITR 38 (Delhi). Haryana Acrylic mgg Co. Vs CIT (2009) 308 ITR 38 (Delhi). Haryana Acrylic mgg Co. Vs CIT (2009) 308 ITR 38 (Delhi). 7.1 The learned DR on the other hand submitted that DR on the other hand submitted that firstly the assessee firstly the assessee has not substantiated that the reasons communicated to the assessee are any substantiated tha…

ITO, Ward- 21(4), New Delhi vs. Rukmini Iron Pvt. Ltd., Delhi

In the result, the Cross Objection of the assessee is allowed and the appeal filed by the Revenue is dismissed

ITA 550/DEL/2018[2009-10]Status: DisposedITAT Delhi20 Oct 2022AY 2009-10

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2009-10 Ito, Vs. Rukmini Iron Pvt. Ltd., Ward-21(4), X-55/102, Loha Mandi, New Delhi. Naraina, Delhi. Pan: Aaccr7910H Co No.66/Del/2018 (Ita No.550/Del/2018) Assessment Year: 2009-10 Rukmini Iron Pvt. Ltd., Vs. Ito, X-55/102, Loha Mandi, Ward-21(4), Naraina, New Delhi. Delhi. Pan: Aaccr7910H (Appellant) (Respondent) Assessee By : Shri Suresh Gupta, Ca Revenue By : Shri Ramdhan Meena, Sr. Dr Date Of Hearing : 29.08.2022 Date Of Pronouncement : 20.09.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.10.2017 Of The Cit(A)-38, Delhi, Relating To Assessment Year 2009-10. In This Case, The Assessee Has Filed A Cross Objection. Co No.66/Del/2018 2. The Grounds Of Appeal Raised By The Revenue Read As Under:- “1. "On The Facts & Under The Circumstances Of The Case, The Ld Cit(A) Has Erred In Law & Facts In Deleting The Addition Of Rs. 2,40,00,000/- Made By The Ao U/S 68 Of Income Tax Act, 1961, Ignoring The Decision Of The Ld. Cit (A) In The Case Of Surender Kumar Jain (S. K. Jain) Wherein, It Is Held That Jain Brothers Are Equally Involved In The Accommodation Entry Business & Maintain The Documents & Record. " 2. "On The Facts & Under The Circumstances Of The Case, The Ld Cit(A) Has Erred In Law & Facts In Deleting The Addition Of Rs 2,40,00,000/- Under Section 68 Of The Act By Ignoring The Ratio Decidendi In The Case Of Cit Vs. M/S N. R. Portfolio Pvt. Ltd. (2014), 2 Itr-Ol-68 & Pcit-7 Vs. Bikram Singh In It A No. 55/2017 Dated 25/08/2017 On Identical Issue Of Addition As Unexplained Share Capital U/S 68 Of The It Act. 3 The Appellant Craves To Be Allowed To Add & Alter Any Fresh Grounds(S) Of Appealand/Or Delete Or Amend Any Of The Ground(S) Of Appeal."

For Appellant: Shri Suresh Gupta, CAFor Respondent: Shri Ramdhan Meena, Sr. DR
Section 143(2)Section 147Section 148Section 149Section 68

…od of four years would be without assumption of valid jurisdiction. Therefore, respectfully following the proposition rendered by the Hon’ble Delhi High Court in the case of BPTP Ltd. (supra); in the case of Haryana Acrylic Manufacturing Company Ltd. vs. CIT, 308 ITR 38 (Del), order dated 1st July, 2020 (supra); and judgement of the Hon’ble Bombay High Court in the case of Anand Developers (supra), we hold that the notice dated 28.03.2016 u/s 148 of the Act based on the reasons recorded on 17.03.2016 and the consequent reassessment order dated 30.12.2016 are without jurisdiction as no action u/s 147 of the Act co…