How many judgments cite Honda Siel Power Products Ltd. v. Dy. CIT?

32 judgments on BharatTax cite Honda Siel Power Products Ltd. v. Dy. CIT (340 ITR 64), spanning 2013 to 2026.

Which sections of the Income Tax Act does Honda Siel Power Products Ltd. v. Dy. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 147, Section 148, Section 36(1)(viii), Section 11, Section 11(1).

Honda Siel Power Products Ltd. v. Dy. CIT

340 ITR 64Supreme Court of India2012#3738 most cited

What is Honda Siel Power Products Ltd. v. Dy. CIT authority for?

An assessee's failure to fully disclose material facts regarding expenses incurred for tax-free income during assessment proceedings can lead to the reopening of assessment, as it constitutes an omission and failure to disclose necessary information for completing the assessment.

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2013 to 2026.

Also referred to as

Honda Siel Power Products Ltd · Dy. CIT · section 143(3) · section 147 · section 148 · reopening of assessment · disclosure of material facts · tax-free dividend income · expenses relating to tax-free income · omission and failure to disclose

Also reported as

20 Taxmann.com 5206 Taxmann 33

Sections most often in play

Section 143(3)Section 147 Section 148 Section 36(1)(viii)Section 11 Section 11(1)Section 11(1A)Section 11(2)

Issues it is cited on

section 11(2)(a)application of income for charitable purposes section 108 section 147(b)section 147(a)fresh tangible material section 60 first proviso to section 147 section 151(1)beyond four years section 11(5)accumulation of income

Judgments citing Honda Siel Power Products Ltd. v. Dy. CIT

ACIT, New Delhi vs. Sh. Sharuk Passi, New Delhi

Appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 4292/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Mar 2020AY 2012-13

Bench: Shri N. K. Billaiya & Ms Suchitra Kamblesharuk Passi (Prop. M/S. Pascos) Vs Dcit 1/23B, Asaf Ali Road Central Circle-20 New Delhi New Delhi Aagpp7030F (Appellant) (Respondent) Acit Vs Sharuk Passi Central Circle-8, Room No. 333, 15, Ara Centre, Jhandewalan, Extn. Sunder Nagar New Delhi New Delhi (Appellant) Aagpp7030F

Section 143(3)Section 148Section 14A

…further submitted that there is no change of opinion as the original assessment lacks proper adjudication of the material available on record. The Ld. DR relied upon the decision of the Hon'ble Supreme Court in case of Honda Seil Power Products Ltd. vs. DCIT 340 ITR 64 (SC) and the decision of the Hon’ble Delhi High Court in case of NDTV vs. DCIT (2017) 84 Taxman.com 136. 8. We have heard both the parties and perused the material available on record. It is pertinent to note that Section 143 assessment was completed in respect of discount and rebate which was categorically inquired by the Assessing Officer during…

Sharuk Passi (Prop. M/S. Pascos), New Delhi vs. DCIT, New Delhi

Appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 1105/DEL/2015[2005-06]Status: DisposedITAT Delhi18 Mar 2020AY 2005-06

Section 143(3)Section 148Section 14A

The Shipping Corporation of India Ltd., Mumbai vs. Addl.C.I.T. Ltu, Mumbai

In the result the appeal filed by the Revenue is dismissed

ITA 2551/MUM/2012[2006-07]Status: DisposedITAT Mumbai29 Nov 2019AY 2006-07

Bench: Shri Mahavir Singh & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.2551&2129/Mum/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation Of Additional Commissioner India Ltd. Vs. Of Income Tax Ltu Shipping House, 10Th Floor, 245, 29Th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 Pan: Aaa Ct1 524 F Assistant Commissioner Of The Shipping Corporation Income Tax Ltu Of India Ltd. Centre-I, 28Th Floor, World Trade Shipping House, 10Th Centre, Cuffe Parade, Mumbai- Floor, 245, Madam Cama 400005 Road, Nariman Point, Mumbai-400021 Pan: Aaa Ct1 524 F

For Respondent: Shri R. Manjunatha Swamy

Section 11Section 143(1)Section 143(2)Section 143(3)Section 147Section 234D

…आयकर अपीलीय अधिकरण, म ुंबई न्यायपीठ IN THE INCOME TAX APPELLATE TRIBUNAL, ‘’E’’ BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER And SHRI WASEEM AHMED, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.2551&2129/MUM/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation of Additional Commissioner India Ltd. Vs. of Income Tax LTU Shipping House, 10th Floor, 245, 29th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 PAN: AAA CT1 524 F Assistant Commissioner of The Shipping Corporation Income Tax LTU of India Ltd. Centre-I, 28th Floor, World Trade Shipping House,…

Addl CIT Ltu, Mumbai vs. The Shipping Corporation of India Ltd, Mumbai

In the result the appeal filed by the Revenue is dismissed

ITA 2129/MUM/2012[2006-07]Status: DisposedITAT Mumbai29 Nov 2019AY 2006-07

For Respondent: Shri R. Manjunatha Swamy

Section 11Section 143(1)Section 143(2)Section 143(3)Section 147Section 234D

DCIT, New Delhi vs. M/S. Oriental Bank of Commerce, Gurgaon

ITA 4334/DEL/2016[2006-07]Status: DisposedITAT Delhi10 Jun 2019AY 2006-07

Bench: Shri R.K. Panda & Shri Kuldip Singh

For Appellant: Shri KVSR Krishna, CAFor Respondent: Ms. Paramita M. Biswas, CIT DR

Section 143Section 143(3)Section 147Section 148

…l as Hon’ble High Court cited as R.K. Malhotra, ITO vs. Kasturbhai Lalbhai 109 ITR 537 (SC), Raymond Woollen Mills Ltd. vs. ITO 236 ITR 34, CIT vs. P.V.S. Beedies Ltd. 237 ITR 13 (SC), Yuvraj vs. UOI 315 ITR 84 (SC), Honda Siel Power Products Ltd. vs. DCIT 340 ITR 64 (SC), 4 ITA No.4334/Del./2016 Honda Siel Power Products Ltd. vs. DCIT 340 ITR 53 (Delhi), New Delhi Television Ltd. vs. DCIT (2017) 84 taxmann.com 136 (Delhi), Sun Direct TV Pvt. Ltd. vs. ACIT (2018) 98 taxmann.com 201 (Madras), A Sridevi vs. ITO 2018-TIOL-2246- HC-MAD-IT, South Asia FM Ltd. vs. ACIT (2018) 98 taxmann.com 200 (Madras), Prana…

The Gita Education Society, Delhi vs. ITO, Exemption Ward, Ghaziabad

In the result, assessee’s appeal is allowed

ITA 7441/DEL/2018[2010-11]Status: DisposedITAT Delhi22 May 2019AY 2010-11

Bench: Hon’Ble Shri G. D. Agrawal & Hon’Ble Smt. Suchitra Kamblethe Gita Education Vs Income Tax Officer, Exemption Society, C/O Kapil Goel Ward, Ghaziabad Adv F-26/124 Sector 7 Rohini, Delhi-110085 Pan-Aaaat9753G (Appellant) (Respondent)

Section 12ASection 143(3)Section 147Section 148Section 35

…in such a case for Assessing Officer to come across some fresh tangible material to form 'reasons to believe' that income has escaped assessment 9. Honda Siel Power Products Ltd. v. Dy. CIT [2012] 20 taxmann.com 5 (SC)/[2012] 206 Taxman 33 (SC)(MAG.)/[2012] 340 ITR 64 (SC)/[2012] 247 CTR 316 (SC) (Copy enclosed) where Hon’ble Supreme Court held that assessee having not pointed out during assessment proceedings about expenses incurred relatable to tax free income u/s 14A there was omission and failure on its part to disclose fully and truly material facts and hence reopening of assessment was justified 10. Hond…

Sunil Agarwal, Haridwar vs. ITO, Ward- 1(3)(3), Haridwar

In the result, the Appeal filed by the Assessee stands allowed

ITA 988/DEL/2018[2008-09]Status: DisposedITAT Delhi24 May 2018AY 2008-09

Bench: Shri H.S. Sidhu & Shri N.K. Billaiyaassessment Year : 2008-09 Sunil Agarwal, Vs. Ito, Ward 1(3)(3), Haridwar Laxmi Niwas, Near Post Office, Kankhal, Haridwar Uttarakhand (Pan: Aanpa0687L) (Appellant) (Respondent)

For Appellant: Sh. Gautam Jain, Adv. & Sh. Piyush KrFor Respondent: Sh. K. Tiwari, Sr. DR

Section 132Section 147Section 148Section 292CSection 69B

…rmises. He stated that following decisions may be kindly considered with regard to reopening of case beyond 4 years u/s. 147 of the I.T. Act: “1. Honda Siel Power Products Ltd. v. Dy. CIT [2012] 20 taxmann.com 5 (SC)/[2012] 206 Taxman 33 (SC)(MAG.)/[2012] 340 ITR 64 (SC)/[2012] 247 CTR 316 (SC) where Hon'ble Supreme Court held that assessee having not pointed out during assessment proceedings about expenses incurred relatable to tax free income u/s 14A there was omission and failure on its part to disclose fully and truly material facts and hence reopening of assessment was justified 2. Honda Siel Power…

Ananda Paul, Kolkata vs. ACIT, Circle-50, Kolkata

In the result, assessee’s appeal stands are allowed

ITA 165/KOL/2015[2007-2008]Status: DisposedITAT Kolkata20 Apr 2018AY 2007-2008

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08 Ananda Paul V/S. Acit, Circle-50, Cf-125, Salt Lake City, Manicktala Civic Centre, Kolkata-64 Uttarpan Complex, Ds- [Pan No.Afkpp 2201 D] 2&3, Kolkata-54 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.K. Tulsiyan, Advocate अपीलाथ" क" ओर से/By Appellant Shri S. Dasagupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 12-02-2018 सुनवाई क" तार"ख/Date Of Hearing 20-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xxxii, Kolkata Dated 05.11.2014. Assessment Was Framed By Acit, Circle-50 Kolkata U/S 147/143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 30.12.2011 For Assessment Year 2007-08. Shri, S.K. Tulsiyan, Ld. Advocate Appeared On Behalf Of Assessee & Shri S. Dasgupta, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1) That On The Fats & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Treating The Re-Assessment Proceeding U/S 143(3)/147 Of The It Act, 1961 As Invalid, Bad In Law, Unjust & Contrary To The Facts & Law. 2) That On The Facts & In Respect To The Circumstances Of Thee Case, The Ld. Cit(A) Erred In Confirming The Assessment Order Passed U/S. 143(3)/147 Of The It Act, 1961 By The Ld. Ao As Proper & Valid Without Considering The

Section 10(38)Section 143(3)Section 147Section 19(38)

…4 of the Act is applicable and can be invoked to make addition on ground No. 2.” 9.4 Similarly we also note that the Hon’ble Supreme Court on appeal against the Hon’ble Delhi High Court Judgment in the case of Honda siel Power Products Ltd (Supra) reported in 340 ITR 64 has not given any finding on section 154 of the Act for the facts of the case in hand. The relevant extract of the head note of the order is reproduced below: “Section 14A, read with section 147, of the Income-tax Act, 1961 - Expenditure incurred in relation to exempt income - Assessment year 2000-01 - Assessee had earned dividend income on long-t…

ACIT, New Delhi vs. M/S Telecommunications Consultants India Ltd., New Delhi

In the result, both the appeals are dismissed

ITA 3481/DEL/2011[2002-03]Status: DisposedITAT Delhi21 Oct 2016AY 2002-03

Bench: Shri R.S. Syal & Ms Suchitra Kamble

For Appellant: Shri Vijay Kumar Manglan &For Respondent: Shri Umesh Chand Dubey, Sr. DR

Section 115JSection 139Section 142Section 143Section 143(1)Section 143(3)Section 147Section 148

…at the assessee did not offer any disallowance of expenses in respect of exempt income has been held to have been rightly issued. The ld. DR further submitted that the SLP filed against this judgment has been dismissed by the Hon’ble Supreme Court in (2012) 340 ITR 64 (SC). When we look at the facts and circumstances as prevailing in the case of Honda Siel Power Products Ltd. (supra), it becomes patent that the assessee in that case earned tax free dividend income exempt u/s 10(33) and did not offer any disallowance u/s 14A of the Act. The Hon’ble High Court, upholding the initiation of reassessment proceedi…

M/S R.T. Paper Board Ltd., New Delhi vs. ACIT, New Delhi

In the result the appeal of the assessee is allowed

ITA 4868/DEL/2013[2003-04]Status: DisposedITAT Delhi25 Apr 2016AY 2003-04

Bench: Shri J. Sudhakar Reddy & Ms. Suchitra Kamblea.Y. 2003-04 R.T. Paper Board Ltd. Vs. Acit, Circle 15(1) 407-408, Deepali New Delhi Nehru Place New Delhi 110 019 Pan: Aabcr 9393 R (Appellant) (Respondent) Appellant By : Sh.Somil Agarwal, Adv. Respondent By : Sh. Raman Kant Garg, Sr.D.R. Order Per J. Sudhakar Reddy

For Appellant: Sh.Somil Agarwal, AdvFor Respondent: Sh. Raman Kant Garg, Sr.D.R

Section 139Section 143(3)Section 147Section 148

…d. vs. DCIT 340 ITR 53 held that page 81 para 13 held that a question as to whether there is failure or omission to disclose fully and truly material facts as essentially one of fact. This was affirmed by the Supreme Court in Honda Siel Power Porudcts vs DCIT 340 ITR 64(SC). The Supreme Court ruling in CIT vs. Kelvinator India Ltd. 320 ITR 561 (SC) is authority for the view that the ‘reason to believe’ on which a reassessment can be validly ordered should necessarily be based on ‘tangible material’ which an AO comes by after the assessment. Necessarily, such material is outside the record. Straying from this clea…

CIT vs. Central Warehousing Corporation

ITA/575/2012HC Delhi15 Jan 2015

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.K.GAUBA

Section 10(29)Section 143(1)Section 143(2)Section 147Section 37

…V. DCIT 340 ITR 53 held that page 81 para 13 held that a question as to whether there is failure or omission to disclose fully and truly material facts as essentially one of fact. This was affirmed by the Supreme Court in Honda Siel Power Product V. DCIT 340 ITR 64 (SC). The Supreme Court ruling in Commissioner of Income Tax vs. Kelvinator India Ltd. 320 ITR 561 (SC) is authority for the view that the “reason to believe” on which a reassessment can be validly ordered should necessarily be based on “tangible material” which an A.O. comes by after the assessment. Necessarily, such material is outside th…

Commissioner of Income Tax-III vs. Smt. Chirala Nivedita Reddy

ITTA/575/2012HC Telangana17 Jul 2013