Hindustan Lever Ltd. v. R.B. Wadkar

268 ITR 332High Court2004#77 most cited

What is Hindustan Lever Ltd. v. R.B. Wadkar authority for?

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

695

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2010 to 2026.

Also referred to as

Hindustan Lever Ltd v R.B. Wadkar · Section 147 · Section 148 · reasons recorded · reassessment validity · improving reasons · beyond four years · mere change of opinion · escapement of income · first proviso section 147

Also reported as

137 Taxmann 479

Sections most often in play

Section 143(3)Section 147Section 148Section 153CSection 153ASection 132Section 153DSection 68

Issues it is cited on

section 158bdfirst proviso to section 147material facts necessary for assessmentincome tax settlement commissionfull and true disclosuresection 144afresh tangible materialkelvinatorbeyond four yearsmere change of opinionescapement of incomelive link

Judgments citing Hindustan Lever Ltd. v. R.B. Wadkar

Tej Singh Sinsinwar, Jaipur vs. ITO Ward 1(2), Alwar

In the result, appeal of the assessee is allowed

ITA 1100/JPR/2024[2011-12]Status: DisposedITAT Jaipur21 Jan 2025AY 2011-12
For Appellant: Shri Vinod Kumar Gupta, CAFor Respondent: Shri Gautam Singh Choudhary, JCIT
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 250

…ore than a vague information, further, the said reasons cannot be substituted subsequently by way of remand report. In this regard, we rely on the following case law: The Hon'ble Bombay High Court in the case of Hindustan Lever Ltd. Vs R.B. Wadkar reported in 268 ITR 332 (Bom) held as under: “21. The reasons recorded by the Assessing Officer nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the Assessing Offi…

M/S Modinagar Rolls Ltd., Modinagar vs. DCIT, Ghaziabad

Appeal is allowed

ITA 3455/DEL/2017[2009-10]Status: DisposedITAT Delhi20 Jan 2025AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2009-10 M/S. Modinagar Rolls Ltd., Vs. Dcit, Major Asha Ram, Tyagi Circle-1, Road, Modinagar Ghaziabad Pan :Aabcm0137C (Appellant) (Respondent) Assessee By Sh. K. Sampath, Adv. Sh. Rajkumar, Adv. Department By Sh. Dheeraj Kumar Jain, Sr. Dr

Section 143(3)Section 147Section 148Section 68

…the assessee to have failed in disclosing “fully” and “truly” all the relevant facts in the earlier round(s) of the original return and scrutiny thereafter; as the case may be. 7. Faced with this situation, we quote Hindustan Liver Ltd. Vs. R.B. Wadkar (2004) 268 ITR 332 (Bom.) that such reopening reasons do not have any scope for any improvement, amendment, or substitution therein as they have to be read on standalone basis as are recorded by the learned Assessing Officer, and, quash the impugned reopening itself as being violative of section 147 1st proviso in very terms. Ordered accordingly. 8. All other plead…

Murali Krishna Yenugula, Chennai vs. ITO, Ncw-22(1), Tambaram

In the result, appeal filed by the assessee is allowed

ITA 2347/CHNY/2024[2015-16]Status: DisposedITAT Chennai15 Jan 2025AY 2015-16

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 143Section 143(1)Section 143(2)Section 143(3)Section 148Section 54Section 54F

…on/extrapolation can be made or assumed, while adjudicating the Mr. Murali Krishna Yenugula :: 11 :: legal issue of AO’s usurpation of jurisdiction u/s. 147 of the Act. The Hon’ble Bombay High Court, in the case of Hindustan Lever Ltd. vs. R.B. Wadkar [(2004) 268 ITR 332], has, inter alia, observed that "……….It is needless to mention that the reasons are required to be read as they were recorded by the AO. No substitution or deletion is permissible. No additions can be made to those reasons. No inference can be allowed to be drawn on the basis of reasons not recorded. It is for the AO to disclose and open his min…

Pradip Kumar Jajodia, HUF, Kolkata vs. ITO, Ward-44(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 192/KOL/2024[2017-18]Status: DisposedITAT Kolkata30 Dec 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Manish Boradi.T.A. Nos.190 To 192/Kol/2024 Assessment Years: 2015-16 To 2017-18

Section 142(1)Section 147Section 148Section 250

…आयकर अपीलीय अिधकरण, कोलकाता पीठ ‘A’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Manish Borad, Accountant Member I.T.A. Nos.190 to 192/Kol/2024 Assessment Years: 2015-16 to 2017-18 Pradip Kumar Jajodia (HUF) .………. Appellant Room No. 421A, 4, Fairlie Place, HMP House, 4th Floor, Kolkata-700001. (PAN: AAFHP2293B) vs. ITO, Ward-44(1), Kolkata ……..… Respondent Appearances by: Shri Miraj D. Shah, AR appeared on behalf of the Appellant Shri Pradip Kumar Biswas, Addl. CIT appeared on behalf of the Respondent Date of concluding the hearing: 25/11/202…

Pradip Kumar Jajodia, HUF, Kolkata vs. ITO, Ward-44(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 191/KOL/2024[2016-17]Status: DisposedITAT Kolkata30 Dec 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Manish Boradi.T.A. Nos.190 To 192/Kol/2024 Assessment Years: 2015-16 To 2017-18

Section 142(1)Section 147Section 148Section 250

…आयकर अपीलीय अिधकरण, कोलकाता पीठ ‘A’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Manish Borad, Accountant Member I.T.A. Nos.190 to 192/Kol/2024 Assessment Years: 2015-16 to 2017-18 Pradip Kumar Jajodia (HUF) .………. Appellant Room No. 421A, 4, Fairlie Place, HMP House, 4th Floor, Kolkata-700001. (PAN: AAFHP2293B) vs. ITO, Ward-44(1), Kolkata ……..… Respondent Appearances by: Shri Miraj D. Shah, AR appeared on behalf of the Appellant Shri Pradip Kumar Biswas, Addl. CIT appeared on behalf of the Respondent Date of concluding the hearing: 25/11/202…

Pradip Kumar Jajodia (HUF), Kolkata vs. ITO, Ward-44(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 190/KOL/2024[2015-16]Status: DisposedITAT Kolkata30 Dec 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Manish Boradi.T.A. Nos.190 To 192/Kol/2024 Assessment Years: 2015-16 To 2017-18

Section 142(1)Section 147Section 148Section 250

…आयकर अपीलीय अिधकरण, कोलकाता पीठ ‘A’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Manish Borad, Accountant Member I.T.A. Nos.190 to 192/Kol/2024 Assessment Years: 2015-16 to 2017-18 Pradip Kumar Jajodia (HUF) .………. Appellant Room No. 421A, 4, Fairlie Place, HMP House, 4th Floor, Kolkata-700001. (PAN: AAFHP2293B) vs. ITO, Ward-44(1), Kolkata ……..… Respondent Appearances by: Shri Miraj D. Shah, AR appeared on behalf of the Appellant Shri Pradip Kumar Biswas, Addl. CIT appeared on behalf of the Respondent Date of concluding the hearing: 25/11/202…

M/S. Novelty Commotrade Private Ltd., Kolkata vs. ITO, Ward-15(3), Kolkata.

In the result, appeal of the assessee is allowed

ITA 1166/KOL/2023[2011-12]Status: DisposedITAT Kolkata17 Dec 2024AY 2011-12

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1166/Kol/2023 Assessment Year: 2011-12

Section 143(3)Section 147Section 148Section 250Section 68

…आयकर अपीलीय अिधकरण, कोलकाता पीठ ‘C’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rakesh Mishra, Accountant Member I.T.A. No.1166/Kol/2023 Assessment Year: 2011-12 M/s. Novelty Commotrade Private Ltd. .………. Appellant C/o Salarpuria Jajodia & Co., 7, C. R. Avenue, 3rd Floor, Kolkata-700072. (PAN: AADCM5617R) vs. ITO, Ward-15(3), Kolkata ……..… Respondent Appearances by: Shri S. Jhajharia, AR appeared on behalf of the Appellant Shri Sailen Samadder, Addl. CIT, Sr. DR appeared on behalf of the Respondent Date of concluding the hearing: 05/12/2024…

Eurofins Peenya Resources Private Limited (Formerly Known As Eurofins Advinus Limited), Bangalore vs. Deputy Commissioner of Income-Tax, Circle-2(1)(1), Bangalore

In the result, the appeal for AY 2013-14 is partly allowed

ITA 1114/BANG/2023[2014-15]Status: DisposedITAT Bangalore13 Dec 2024AY 2014-15

Bench: Shri Prashant Maharishi & Shri Prakash Chand Yadav

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144BSection 147Section 148Section 148ASection 250

…d truly all material facts, in the absence of such an allegation, reopening of assessment initiated beyond four years is bad in law. He further referred to the decision of the Hon’ble Bombay High Court in the case of Hindustan Lever Ltd. v. R.B. Wadkar, ACIT, 268 ITR 332 (Bom). In view of this, he submitted that reopening of assessment cannot be sustained. 14. The ld. CIT(DR), Mr. D.K. Mishra, vehemently supported the orders of lower authorities and stated that in the original assessment proceedings the addition made by the ld. AO was with respect to non-deduction of tax at source on AMC charges paid to domestic…

M/S. Eurofins Peenya Resources Private Limited(Formerly Know As Eurofins Advinus Limited), Bangalore vs. Deputy Commissioner of Income-Tax, Circle-2(1)(1), Bangalore

In the result, the appeal for AY 2013-14 is partly allowed

ITA 1113/BANG/2023[2013-14]Status: DisposedITAT Bangalore13 Dec 2024AY 2013-14

Bench: Shri Prashant Maharishi & Shri Prakash Chand Yadav

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144BSection 147Section 148Section 148ASection 250

…d truly all material facts, in the absence of such an allegation, reopening of assessment initiated beyond four years is bad in law. He further referred to the decision of the Hon’ble Bombay High Court in the case of Hindustan Lever Ltd. v. R.B. Wadkar, ACIT, 268 ITR 332 (Bom). In view of this, he submitted that reopening of assessment cannot be sustained. 14. The ld. CIT(DR), Mr. D.K. Mishra, vehemently supported the orders of lower authorities and stated that in the original assessment proceedings the addition made by the ld. AO was with respect to non-deduction of tax at source on AMC charges paid to domestic…

Income Tax Officer, Ward 7(2)(1), Mumbai vs. Magnetic Properties Exim Pvt. Ltd., Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 2617/MUM/2023[2011-12]Status: DisposedITAT Mumbai11 Dec 2024AY 2011-12

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2011-12 Income Tax Officer, Magnetic Properties Exim Pvt. Ward-7(2)(1), Ltd., Room No. 126-H, Vs. 477, Babyloan Building, Aayakar Bhavan, Adenwala Road, Maharshi Karve Road, Matunga, Mumbai. Mumbai. Pan : Aagcm8999K (Appellant) (Respondent) For Assessee : Shri Neelkanth Khandelwal For Revenue : Shri R.R. Makwana, Sr.Dr Date Of Hearing : 05-12-2024 Date Of Pronouncement : 11-12-2024 O R D E R Per B.R. Baskaran, A.M :

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri R.R. Makwana, Sr.DR
Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE JUSTICE (RETD.) SHRI C.V. BHADANG, PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER Assessment Year : 2011-12 Income Tax Officer, Magnetic Properties Exim Pvt. Ward-7(2)(1), Ltd., Room No. 126-H, vs. 477, Babyloan Building, Aayakar Bhavan, Adenwala Road, Maharshi Karve Road, Matunga, Mumbai. Mumbai. PAN : AAGCM8999K (Appellant) (Respondent) For Assessee : Shri Neelkanth Khandelwal For Revenue : Shri R.R. Makwana, Sr.DR Date of Hearing : 05-12-2024 Date of Pronouncement : 11-12-2024 O R D E R PER B.R. BASKARAN, A.M : The Revenue has filed th…

Income Tax Officer, Ward 12(3)(1), Mumbai vs. Lashkaria Construction Private Limited, Mumbai

ITA 3547/MUM/2024[2011-12]Status: DisposedITAT Mumbai29 Nov 2024AY 2011-12

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Rakesh DoshiFor Respondent: Shri Ram Krishn Kedia
Section 143(3)Section 147Section 250

…st be self-explanatory disclosing application of mind by the Assessing Officer. Further, the reasons recorded must identify the link between the tangible material and formation of belief that income as escaped assessment. [Hindustan Lever Ltd. vs. R.B. Badkar 268 ITR 332 (Bom)]. 13. In the present case the reasons recorded for reopening the assessment reads as under: “Specific information was received in this office from the DGIT(inv), Mumbai that the assessee had made purchases from the following parties: Sl. No. Hawala Tin Name of the F.Y. Amount Party 1 to 22 XX XX XX XX 23 27450707752V GLOBAL 2010-2011 22,4…

Abbas Yahyabhai Jasdanwalla, Mumbai vs. ACIT, Circle 2(2)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1740/MUM/2024[2009-10]Status: DisposedITAT Mumbai21 Nov 2024AY 2009-10

Bench: Shri B.R. Baskaran & Shri Raj Kumar Chauhanassessment Year : 2009-10 Abbas Yahyabhai Jasdanwalla, Asst. Commissioner Of Income B1-101, Ncccl, Tax, Marathon Innova, Vs. Circle–2(2)(2), G.K.Road, 545, 5Th Floor, Lower Parel West, Aayakar Bhavan, Mumbai M.K.Road, Pan : Aabpj4685P Mumbai. (Appellant) (Respondent) Assessee By : Shri Madhur Agrawal & Shri Ishraq M. Contractor Revenue By : Shri Sunil Shinde, Sr. Dr Date Of Hearing : 13/11/2024 Date Of Pronouncement : 21/11/2024

For Appellant: Shri Madhur Agrawal &For Respondent: Shri Sunil Shinde, Sr. DR
Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “A” BENCH : MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI RAJ KUMAR CHAUHAN, JUDICIAL MEMBER Assessment Year : 2009-10 Abbas Yahyabhai Jasdanwalla, Asst. Commissioner of Income B1-101, NCCCL, Tax, Marathon Innova, vs. Circle–2(2)(2), G.K.Road, 545, 5th Floor, Lower Parel West, Aayakar Bhavan, Mumbai M.K.Road, PAN : AABPJ4685P Mumbai. (Appellant) (Respondent) Assessee by : Shri Madhur Agrawal & Shri Ishraq M. Contractor Revenue by : Shri Sunil Shinde, Sr. DR Date of Hearing : 13/11/2024 Date of Pronouncement : 21/11/2024 PER B.R. BASKARAN, A.M : The asse…

Deputy Commissioner of Income Tax, Corporate Circle, Madurai vs. M/S Ramco Systems Limited, Rajapalayam

ITA 1269/CHNY/2023[2009-10]Status: DisposedITAT Chennai20 Nov 2024AY 2009-10
For Appellant: Mr.S. Muralidhar, FCA &For Respondent: Mr. Nilay Baran Som, CIT
Section 143(3)Section 147Section 148Section 154

…g the reassessment, are to be examined on a standalone basis. Nothing can be added to the reasons so recorded, nor anything can be deleted from the reasons so recorded. The Hon'ble Bombay High Court, in the case of Hindustan Lever Ltd. vs. R.B. Wadkar [(2004) 268 ITR 332], has, inter alia, observed that…

Vijay Vinod Duragkar, Nagpur vs. Income Tax Officer Ward 4(4), Nagpur

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

ITA 339/NAG/2023[2015-16]Status: DisposedITAT Nagpur18 Nov 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kapil HiraniFor Respondent: Shri Abhay Y. Marathe
Section 148Section 56(2)(vii)Section 69

…(Bom.)(HC) 1.5 No reopening to make fishing inquiries. (a) PCIT v. G & G Pharma India Ltd. [2017] 383 ITR 147 (Delhi)(HC) (b) Bhogwati Sahakari Sakhar Karkhana Ltd. v. Dy. CIT (2004) 269 ITR 186 (Bom.)(HC) (c) Hindutan Lever Ltd. v. R. B. Wadkar, ACIT (2004) 268 ITR 332 (Bom.)(HC) d) Bhor Industries Ltd. v. ACIT (2004) 267 ITR 161 (Bom.)(HC) (e) Ajanta Pharma Ltd. v. ACIT (2004) 267 ITR 200 (Bom.)(HC) II. REASON TO BELIEVE AND NOT REASON TO SUSPECT: 2.1 The reasons for formation of the belief must have a rational connection with or relevant bearing on the formation of the belief. Rational connection postulates t…

DCIT RG. - 3(1), Mumbai vs. M/S. Bajaj Auto Ltd., Mumbai

In the result, the appeal by the assessee for the assessment year

ITA 4326/MUM/2005[1997-1998]Status: DisposedITAT Mumbai11 Nov 2024AY 1997-1998

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Ms. Vasanti Patel and Charu MittalFor Respondent: Shri Sunil A. Umap, CIT-DR
Section 148Section 250Section 43BSection 80Section 80H

…aped assessment due to failure on the part of the assessee to disclose fully and truly all material facts. 14. In this regard, it is relevant to note the following observations of Hon’ble Jurisdictional High Court in Hindustan Lever Ltd vs R.B.Wadkar: [2004] 268 ITR 332 (Bom.): - “20. The reasons recorded by the Assessing Officer nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the Assessing Officer. No su…

DCIT RG. - 3(1), Mumbai vs. M/S. Bajaj Auto Ltd., Mumbai

In the result, the appeal by the assessee for the assessment year

ITA 4325/MUM/2005[1996-1997]Status: DisposedITAT Mumbai11 Nov 2024AY 1996-1997

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Ms. Vasanti Patel and Charu MittalFor Respondent: Shri Sunil A. Umap, CIT-DR
Section 148Section 250Section 43BSection 80Section 80H

…aped assessment due to failure on the part of the assessee to disclose fully and truly all material facts. 14. In this regard, it is relevant to note the following observations of Hon’ble Jurisdictional High Court in Hindustan Lever Ltd vs R.B.Wadkar: [2004] 268 ITR 332 (Bom.): - “20. The reasons recorded by the Assessing Officer nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the Assessing Officer. No su…

M/S. Bajaj Auto Ltd., Mumbai vs. DCIT RG. - 3(1), Mumbai

In the result, the appeal by the assessee for the assessment year

ITA 4235/MUM/2005[1997-1998]Status: DisposedITAT Mumbai11 Nov 2024AY 1997-1998

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Ms. Vasanti Patel and Charu MittalFor Respondent: Shri Sunil A. Umap, CIT-DR
Section 148Section 250Section 43BSection 80Section 80H

…aped assessment due to failure on the part of the assessee to disclose fully and truly all material facts. 14. In this regard, it is relevant to note the following observations of Hon’ble Jurisdictional High Court in Hindustan Lever Ltd vs R.B.Wadkar: [2004] 268 ITR 332 (Bom.): - “20. The reasons recorded by the Assessing Officer nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the Assessing Officer. No su…

M/S. Bajaj Auto Ltd., Mumbai vs. DCIT RG. - 3(1), Mumbai

In the result, the appeal by the assessee for the assessment year

ITA 4234/MUM/2005[1996-1997]Status: DisposedITAT Mumbai11 Nov 2024AY 1996-1997

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Ms. Vasanti Patel and Charu MittalFor Respondent: Shri Sunil A. Umap, CIT-DR
Section 148Section 250Section 43BSection 80Section 80H

…aped assessment due to failure on the part of the assessee to disclose fully and truly all material facts. 14. In this regard, it is relevant to note the following observations of Hon’ble Jurisdictional High Court in Hindustan Lever Ltd vs R.B.Wadkar: [2004] 268 ITR 332 (Bom.): - “20. The reasons recorded by the Assessing Officer nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the Assessing Officer. No su…

M/S.Kerala State Civil Supplies Corpn Ltd, Cochin vs. The ACIT, Cochin

ITA 95/COCH/2017[2010-11]Status: DisposedITAT Cochin07 Nov 2024AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhalong With Stay Application No.19/Coch./2017 Assessment Year – 2010-2011 M/S.Kerala State Civil The Assistant Supplies Corpn. Ltd., Vs., Commissioner Of Income Kochi. Pan Aaack6767F Tax, Circle-1(2) C/O.Varma & Varma, C.As Kochi, Kerala. Cochin – 19. Kerala (Appellant) (Respondent) For Assessee : Shri Satyanarayanan, C.A For Revenue: Dr.S.Pandian, Cit-Dr Date Of Hearing: 23.08.2024 Date Of Pronouncement 07.11.2024 O R D E R Per Bench : This Assessee'S Appeal Ita.No.95/Coch/2017 Along With Stay Application Sa.No.19/Coch./2017, Arise Against The Order Of The Learned Cit(A)-1, Cochin, Cochin'S Order In Appeal No.Ita.292/R-4/E/Cit(A)-1/2016-17, Dated 31St January, 2017, For The Assessment Year 2010-11, In 2

For Appellant: Shri Satyanarayanan, C.A For Revenue: Dr.S.Pandian, CIT-DRFor Respondent: Dr.S.Pandian, CIT-DR
Section 143(3)Section 148

…very fairly that these are the only sec. 148 reopening reasons recorded by the learned assessing authority. That being the clinching case, we are of the considered view that the impugned reopening itself is not sustainable in law. We first of all quote [2004] 268 ITR 332 (Bom.) Hindustan Lever Ltd., vs. RB Wadkar that such reasons "all required to be read as they recorded by the Assessing Officer. No substitute or deletion is permissible. No addition can be 4 ITA No.95 & SA No.19/Coch/2017 . Kerala State Civil Supplies Corpn. Ltd. made to those reasons. No inference can be allowed to be drawn based on reason not…

Nvidia Graphics Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle 2(4), Bangalore

In the result, appeal filed by the assessee s party allowed

ITA 1111/BANG/2024[2014-15]Status: DisposedITAT Bangalore23 Oct 2024AY 2014-15

Bench: Shri George George K & Ms. Padmavathi. Sr Assessment Year : 2014-15 M/S. Nvidia Graphics Pvt. Ltd., Vs. Acit, Mahadevpura Village, Central Circle – 2(4), K. R. Puram Hobli, Marathalli Bangalore. Bagmane Goldstone Building, North Tower, Mahadevpura S.O, Bangalore – 560 048. Pan : Aabcn 9200 H Appellant Respondent Assessee By : Shri. Nageshwar Rao, Advocate Revenue By : Ms. Neha Sahay, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 17.10.2024 Date Of Pronouncement : 23.10.2024

For Appellant: Shri. Nageshwar Rao, AdvocateFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 234BSection 234CSection 250Section 271(1)(c)Section 28

…in the case of ACIT Vs. Hewelett Packard Digital Global Solutions Ltd., in ITA Nos.406 and 407 of 2007 (judgment dated 19.09.2011) by referring to the judgment of Hon’ble Bombay High Court in the case of Hindustan Lever Ltd., Vs. R B Wadkar reported in [2004] 268 ITR 332 (Bombay) has observed as follows: "7. It is observed in the said judgment that the reason recorded by the Assessing Officer no where state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is for the Assessing Officer to disclose and open his…