Hope Textile Limited and Another v. Union of India

Ebro India Pvt.Ltd., Delhi vs. ACIT Circle-7(1), Delhi

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

…the case of Popat Bahiru Govardhane & Ors. v. Special land Acquisition Officer & Anr. (2013) 10 SCC 765, wherein the apex Court observed as under: Emphatic reliance is placed on the decision of the apex Court in the case of Hope Textiles Ltd. v. UoI: [1994] 205 ITR 508 (SC). In that case, the assessee filed a return on the basis of which an order of assessment was made on 27.3.1974 and certain losses disclosed by the assessee were accepted. A notice under section 148 of the Act was issued to the assessee on 21.2.1976, pursuant to which the assessee-company filed a return on 27.3.1976 disclosing further losses.…

ACIT, Delhi vs. M/S. the Indian News Paper Society, New Delhi

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshra

…it was barred by a period of limitation as per the above provisions of the Act which cannot be extended by the courts. In this regard, counsel for the assesses has placed his reliance on the judgment in the case of Hope Textiles Ltd. v. Union of India [1994] 205 ITR 508/73 Taxman 188 (SC). 8. From the Impugned order we observe that the Commissioner of Income-tax (Appeals) has decided the issue in favour of the assessee which reads as under : "i have considered the Assessing Officer's impugned order, arguments of tire appellant and the provisions of section 20!. It is undisputed that the statement envisaged in se…

CIT vs. U Like Promoters Pvt Ltd

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

…e assessment order passed on 29th June, 2007 was barred by limitation as per Section 153B of the Act. The tribunal has relied upon the decision of the Supreme Court in the case of Hope Textile Limited and Another versus Union of India and others, (1994) 205 ITR 508(SC). The reasoning given by the tribunal in the impugned order reads as under:- “10. If we read the decision of Hon’ble High Court of Delhi referred supra, to say that the Revenue has been granted one weeks extension from the date of the order being 18.12.2006 for the issuance of the show cause notice and it has been done on 22.12.2006…

CIT vs. U Like Promoters Pvt Ltd

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

…e assessment order passed on 29th June, 2007 was barred by limitation as per Section 153B of the Act. The tribunal has relied upon the decision of the Supreme Court in the case of Hope Textile Limited and Another versus Union of India and others, (1994) 205 ITR 508(SC). The reasoning given by the tribunal in the impugned order reads as under:- “10. If we read the decision of Hon’ble High Court of Delhi referred supra, to say that the Revenue has been granted one weeks extension from the date of the order being 18.12.2006 for the issuance of the show cause notice and it has been done on 22.12.2006…

ITA Nos. 1528/2010, 1529/2010, 1530/2010 & 1532/2010 vs. Ulike Promoters Pvt Ltd

…e assessment order passed on 29th June, 2007 was barred by limitation as per Section 153B of the Act. The tribunal has relied upon the decision of the Supreme Court in the case of Hope Textile Limited and Another versus Union of India and others, (1994) 205 ITR 508(SC). The reasoning given by the tribunal in the impugned order reads as under:- “10. If we read the decision of Hon’ble High Court of Delhi referred supra, to say that the Revenue has been granted one weeks extension from the date of the order being 18.12.2006 for the issuance of the show cause notice and it has been done on 22.12.2006…