Home Finders Housing Ltd. v. ITO

94 Taxmann.com 84Supreme Court of India2018#1312 most cited

What is Home Finders Housing Ltd. v. ITO authority for?

A procedural irregularity, such as failing to dispose of objections before completing an assessment, does not automatically render the assessment order void or non-est, and can potentially be cured.

87

judgments rely on this decision, according to BharatTax’s citation analysis of 367,164 Indian tax judgments — from 2018 to 2026.

Also referred to as

Home Finders Housing Ltd. v. ITO · Section 147 · Section 148 · Section 143(3) · objections to reopening · procedural irregularity · void order · non-est · GKN Driveshafts India Ltd.

Issues it is cited on

Judgments citing Home Finders Housing Ltd. v. ITO

Maharshatra State Power Generation Co. Ltd, Mumbai vs. Addl CIT RG 10(1), Mumbai

The appeals are dismissed

ITA 2043/MUM/2011[2007-08]Status: DisposedITAT Mumbai31 Jul 2019AY 2007-08

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.2043/Mum/2011 (िनधा"रण वष" / Assessment Year:2007-08) Maharashtra State Power The Addl. Cit-Range-10(1) Generation Co. Ltd. Aaykar Bhavan बनाम/ Plot No. G-9, Prakashgad, Maharshi Karve Road 2Nd Floor, Anant Kanekar Marg Mumbai-400 020. Vs. Station Road, Bandra (East) Mumbai-400 051. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-2935-R (अपीलाथ"/Appellant) (""थ" / Respondent) :

For Appellant: Shri Neeraj Seth - Ld.ARFor Respondent: Shri Ajay Kumar-Ld.CIT-DR
Section 148

…Maharashtra State Power Generation Co. Ltd. Assessment Year :2007-08 आयकर अपीलीय अिधकरण “बी” "ायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI माननीय "ी महावीर िसंह, "ाियक सद" एवं माननीय "ी मनोज कुमार अ"वाल ,लेखा सद" के सम"। BEFORE HON’BLE SHRI MAHAVIR SINGH, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ I.T.A. No.2043/Mum/2011 (िनधा"रण वष" / Assessment Year:2007-08) Maharashtra State Power The Addl. CIT-Range-10(1) Generation Co. Ltd. Aaykar Bhavan बनाम/ Plot No. G-9, Prakashgad, Maharshi Karve Road 2nd Floor, Anant Kanekar Marg Mumbai-400 020. Vs. Station Road, Bandra (East)…

M/S. Ranka N Ranka Infrastructure Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Circle 5(1)(1), Bengaluru

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 2234/BANG/2018[2009-10]Status: DisposedITAT Bangalore15 Mar 2019AY 2009-10

Bench: Shri A.K. Garodia & Shri Pavan Kumar Gadale & M/S. Ranka N Ranka Infrastructure Pvt. Ltd. 3Rd Floor, Ranka Chambers, No.31, Cunningham Road, Bengaluru-560052. Pan: Aadcr 9181 M … Appellant Vs. Assistant Commissioner Of Income-Tax, Circle 5(1)(1), Bengaluru. … Respondent Appellant By : Smt.Suman Lunkar, Ca. Respondent By : Shri R.N.Siddappaji, Addl.Cit(Dr) Date Of Hearing: 07/03/2019 Date Of Pronouncement: 15/03/2019 O R D E R Per Pavan Kumar Gadale, Jm : These Are The Appeals Filed By The Assessee Against Different Orders Of The Cit(A) For The Assessment Years 2009-10 & 2013-14. Since The Grounds Of Appeals Are Similar In Both The Assessment Years, They Are Clubbed & Heard Together & Consolidated Order Is Passed.

For Appellant: Smt.Suman Lunkar, CAFor Respondent: Shri R.N.Siddappaji, Addl.CIT(DR)
Section 143(2)Section 143(3)Section 147Section 148Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, BENGALURU BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER and SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER and M/s. Ranka N Ranka Infrastructure Pvt. Ltd. 3rd floor, Ranka Chambers, No.31, Cunningham Road, Bengaluru-560052. PAN: AADCR 9181 M … Appellant Vs. Assistant Commissioner of Income-tax, Circle 5(1)(1), Bengaluru. … Respondent Appellant by : Smt.Suman Lunkar, CA. Respondent by : Shri R.N.Siddappaji, Addl.CIT(DR) Date of hearing: 07/03/2019 Date of pronouncement: 15/03/2019 O R D E R Per PAVAN KUMAR GADALE, JM : These are the appeals filed by the assessee against dif…

Deputy Commissioner of Income Tax - 7 (2) (1), Bengaluru vs. M/S Eagleton Property Holdings, Bengaluru

In the result, the appeal filed by the revenue is dismissed as infructuous and the C

ITA 1584/BANG/2018[2014-15]Status: DisposedITAT Bangalore15 Mar 2019AY 2014-15

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year : 2007-08 M/S. Eagleton Property Holdings, The Dcit, #2581, 9Th Main Road, Bsk 2Nd Stage, Circle – 7 (2) (1), Vs. Bangalore. Bangalore – 560 070. Pan: Aabfe9867C Appellant Respondent & C.O. No. 111/Bang/2018 (In Ita No. 1584/Bang/2018) (By Assessee) Assessee By : Shri V. Sridhar, Ca Revenue By : Shri R.N. Siddappaji, Addl. Cit (Dr) Date Of Hearing : 06.03.2019 Date Of Pronouncement : 15.03.2019 O R D E R Per Shri A.K. Garodiathis Appeal Is Filed By The Revenue & The C.O. Is Filed By The Assessee & These Are Directed Against The Order Of Ld. Cit (A)-10, Bangalore Dated 23.02.2018 For Assessment Year 2007-08. 2. The Grounds Raised By The Revenue In Its Appeal Are As Under. “1. The Order Of The Learned Cit(A) Is Opposed To Law & Facts Of The Case. 2. "The Cit(A) Erred In Circumstances Of The Case & In Law In Opining That The Assessee Is A Developer & Not A Contractor Without Appreciating The Fact That The Assessee Has Entered Into Construction Agreements With Each Individual Owners & Hence The Assessee Is Only A Building Contractor & Not A Developer & Builder". 3. "Whether On The Facts & Circumstances Of The Case, The Cit(A) Was Justified In Law In Allowing The Appeal On Proportionate Basis In Respect Of Units Having Built Up Area Of Less Than Or Equal To 1500 Sq Ft"? 4. "Whether On The Facts & Circumstances Of The Case, The Cit(A) Was Justified In Law In Rejecting The District Valuation Officer'S Report & Directing The Ao To Take Details Of Measurements Of Individual

For Appellant: Shri V. Sridhar, CAFor Respondent: Shri R.N. Siddappaji, Addl. CIT (DR)
Section 143(3)Section 801Section 801B(10)

…te speaking order for disposing of the objections raised by assessee against validity of reopening and in support of his contention he placed reliance on a judgment of Hon’ble Apex Court rendered in the case of Home Finders Housing Ltd. vs. ITO as reported in 94 Taxmann.com 84 and he filed a copy of this judgment. He also submitted a copy of the judgment of Hon’ble madras High Court rendered in the same case as reported in 93 Taxmann.com 371. He pointed out that in this case, it was held by Hon’ble madras High Court that non compliance of procedure indicated by Hon’ble Supreme Court in the case of GKN Driveshafts…