Home Finders Housing Ltd. v. Income-tax Officer Ward 2(3), Chennai

93 Taxmann.com 371High Court2018#825 most cited

What is Home Finders Housing Ltd. v. Income-tax Officer Ward 2(3), Chennai authority for?

Failure by the Assessing Officer to supply reasons for reassessment or dispose of the assessee's objections, as required by the GKN Driveshafts procedure, is a procedural irregularity that does not render the reassessment order void. Such non-compliance can be cured by remitting the matter back to the Assessing Officer for proper adherence to the procedure.

125

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2026.

Also referred to as

Home Finders Housing Ltd. v. ITO · Section 147 · Section 148 · reassessment proceedings · GKN Driveshafts India Pvt. Ltd. procedure · communication of reasons · disposal of objections · procedural irregularity · assessment not void · remand to Assessing Officer · Madras High Court

Issues it is cited on

Judgments citing Home Finders Housing Ltd. v. Income-tax Officer Ward 2(3), Chennai

Viramgam Mahesana Projects Ltd., New Delhi vs. ACIT, New Delhi

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

ITA 119/DEL/2015[2006-07]Status: DisposedITAT Delhi14 Aug 2025AY 2006-07

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarviramgam Mahesana Project Limited, Vs. Acit, Circle 17(1), E – 9, 3Rd Floor, New Delhi. Ndse Part 2, New Delhi – 110 049. (Pan :Aabcv7027L) (Appellant) (Respondent) Assessee By : Shri K. Sampath, Advocate Shri V. Raja Kumar, Advocate Revenue By : Shri Dayainder Singh Sidhu, Citdr Date Of Hearing : 03.06.2025 Date Of Order : 14.08.2025 Order Per S.Rifaur Rahman: 1. Thisappeal Is Filed By The Assesseeagainst The Order Of Ld. Commissioner Of Income-Tax (Appeals)-19, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)]Dated 22.10.2014For Assessment Year 2006-07 Raising Following Grounds Of Appeal :- “1 That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Confirming The Initiation Of The Reassessment Proceedings, U/S 148 Of The Income Tax Act & Also Failed To Appreciate That Neither The Mandatory Requirements Of Section 148 Of The Income Tax Act Nor The Pre-Conditions For Invoking The Provisions

For Appellant: Shri K. Sampath, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CITDR
Section 143(3)Section 147Section 148Section 234

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’: NEW DELHI BEFORE SHRIS.RIFAUR RAHMAN, ACCOUNTANT MEMBER and SHRI VIMAL KUMAR, JUDICIAL MEMBER Viramgam Mahesana Project Limited, vs. ACIT, Circle 17(1), E – 9, 3rd Floor, New Delhi. NDSE Part 2, New Delhi – 110 049. (PAN :AABCV7027L) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri K. Sampath, Advocate Shri V. Raja Kumar, Advocate REVENUE BY : Shri Dayainder Singh Sidhu, CITDR Date of Hearing : 03.06.2025 Date of Order : 14.08.2025 ORDER PER S.RIFAUR RAHMAN, ACCOUNTANT MEMBER : 1. Thisappeal is filed by the assesseeagainst the order of ld. Commissioner of Income-t…