IInd Additional ITO v. Atmala Nagaraju

237 ITR 165Supreme Court of India1999#3572 most cited

What is IInd Additional ITO v. Atmala Nagaraju authority for?

Rectification under section 154 is impermissible if it requires reference to documents outside the existing record or involves debatable questions of law.

33

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v Keshri Metal Pvt. Ltd. · section 154 · mistake apparent from record · rectification · debatable issue · outside records · Supreme Court

Sections most often in play

Section 154Section 143(1)Section 2013 (RFCTLARR ActSection 143(3)Section 147Section 148Section 250Section 80P

Issues it is cited on

mistake apparent from recordmistake apparent on recordsection 154section 143(1)(a)section 15section 143(1)section 25documenttotal incomenfacsection 143section 250

Judgments citing IInd Additional ITO v. Atmala Nagaraju

PRAKASHBHAI MANCHHARAM MISTRY,SURAT vs. INCOME TAX OFFICER, WARD 3(2)(1), SURAT

In the result, appeal of the assessee is dismissed

ITA 132/SRT/2025[2012-13]Status: DisposedITAT Surat04 Nov 2025AY 2012-13

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.132/Srt/2025 Assessment Year: (2012-13) (Hybrid Hearing) Prakash Manchharam Mistry, Vs. The Ito, 57, Viramnagar Society, Dabholi, Ward – 3(2)(1), Surat - 395004 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aqtpm1279Q (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Ketan Jagirdar, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 07/08/2025 Date Of Pronouncement 04/11/2025

Section 142(1)Section 144Section 148Section 154Section 250Section 50C

…opinions. The Hon’ble Supreme Court in case of CIT vs. Hero Cycles Pvt. Ltd., 228 ITR 463 (SC) held that a point which was not examined on fact or in law cannot be dealt as mistake apparent on the record. Similarly, in case of CIT vs. Keshri Metals Pvt. Ltd., 237 ITR 165 (SC), it was held that reference to documents outside the records and the law is impermissible when applying the provisions of section 154 of the Act. We find that the rectification sought by the appellant, except the double addition of Rs.22,10,884/- u/s 50C of the Act, were not mistakes apparent from record but pertain to facts and questions of…

CCI CHAMBERS CO-OP HSG SOC. LTD,MUMBAI vs. INCOME TAX OFFICER-17(2)(1), MUMBAI

In the result, both the appeal

ITA 3543/MUM/2025[2015-16]Status: DisposedITAT Mumbai30 Jul 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Pravin Salunkhe, Sr. DRFor Respondent: Mr. Prakash Jotwani

…tation. The Ld. CIT(A) relied upon the binding decisions of Hon’ble Supreme Court in Court in T.S. Balaram, ITO v. Volkart Bros. T.S. Balaram, ITO v. Volkart Bros. [(1971) 82 ITR 50 (SC)] and CIT v. Keshri Metal Pvt. Ltd. CIT v. Keshri Metal Pvt. Ltd. [(1999) 237 ITR 165 [(1999) 237 ITR 165 (SC)], and held that no mistake apparent from the record was (SC)], and held that no mistake apparent from the (SC)], and held that no mistake apparent from the discernible in the intimation under Section 143(1) discernible in the intimation under Section 143(1) of the Act. The relevant finding of the Ld. CIT(A) is reproduced…

CCI CHAMBERS CO-OP HSG SOC. LTD,MUMBAI vs. ITO 17(2)(1), MUMBAI

In the result, both the appeal

ITA 3542/MUM/2025[2013-14]Status: DisposedITAT Mumbai30 Jul 2025AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Pravin Salunkhe, Sr. DRFor Respondent: Mr. Prakash Jotwani

…tation. The Ld. CIT(A) relied upon the binding decisions of Hon’ble Supreme Court in Court in T.S. Balaram, ITO v. Volkart Bros. T.S. Balaram, ITO v. Volkart Bros. [(1971) 82 ITR 50 (SC)] and CIT v. Keshri Metal Pvt. Ltd. CIT v. Keshri Metal Pvt. Ltd. [(1999) 237 ITR 165 [(1999) 237 ITR 165 (SC)], and held that no mistake apparent from the record was (SC)], and held that no mistake apparent from the (SC)], and held that no mistake apparent from the discernible in the intimation under Section 143(1) discernible in the intimation under Section 143(1) of the Act. The relevant finding of the Ld. CIT(A) is reproduced…

SANJAY KUMAR BAID,RAIPUR vs. INCOME TAX OFFICER, WARD 4(1), RAIPUR

In the result, appeal of the assessee is dismissed

ITA 57/RPR/2025[2017-18]Status: DisposedITAT Raipur18 Jun 2025AY 2017-18

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.57/Rpr/2025 "नधा"रण वष" / Assessment Year : 2017-18 Sanjay Kumar Baid Arihant Bearing & Mill Stores, Opp. Deshbandhu School, Station Road, Raipur (C.G.)-492 001 Pan: Acipj2887L ........अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Adarsh Jain, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 154Section 96

…he record". A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of section 154. [CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165 (SC)]. 4. Further, section 96 of the RCTLAAR Act, 2013 states that "No income tax or stamp duty shall be levied on any award or agreement made under this Act, except under section 46 and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same." This clearly states that the income tax is not levie…

AMITKUMAR PRAVINCHANDRA RESHAMWALA,SURAT vs. DEPUTY DIRECTOR OF INCOME TAX, CPC BENGALURU / ITO (INT. TAX) SURAT, CPC BENGALURU / ITO SURAT

In the result, appeal of assessee is dismissed

ITA 1240/SRT/2024[2023-24]Status: DisposedITAT Surat29 May 2025AY 2023-24

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1240/Srt/2024 Assessment Year: (2023-24) (Hybrid Hearing) Amitkumar Pravinchandra Deputy Director Of Income-Tax, बनाम/ Reshamwala Cpc, Bengaluru/Ao (Int. Tax) Vs. B-1004, Arihant Heightsopp Surat Stuti Icon. Auravpath, Palanpur-395 005 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Agspr 4047 K (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 154Section 234BSection 234CSection 250Section 90

…IN THE INCOME-TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER & SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.1240/SRT/2024 Assessment Year: (2023-24) (Hybrid hearing) Amitkumar Pravinchandra Deputy Director of Income-tax, बनाम/ Reshamwala CPC, Bengaluru/AO (Int. Tax) Vs. B-1004, Arihant Heightsopp Surat Stuti Icon. Auravpath, Palanpur-395 005 "थायीलेखासं./जीआइआरसं./PAN/GIR No: AGSPR 4047 K (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant by Shri Ketan Ved, CA राज" की ओर से /Respondent by Shri Mukesh Jain, Sr-DR सुनवाई की तारीख/Date of He…

HIRDEY RAM,GURGAON vs. DCIT, CIRCLE-2(1), GURGAON

In the result, the Assessee’s appeal is dismissed

ITA 319/DEL/2022[2014-15]Status: DisposedITAT Delhi04 Dec 2024AY 2014-15

Bench: Shri Shamim Yahya & Shri Vimal Kumara.Yr. : 2014-15 Hirdey Ram, Vs. Dcit, Circle-2(1), C/O L.C. Yadav & Company, Gurgaon 205, Arcadia, South City-2, Haryana - 122102 Gurgaon, Haryana – 122018 (Pan: Aarpy8597K) (Appellant) (Respondent)

For Appellant: Dr. Rakesh Gupta, Adv. & Sh. SomilFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 143(1)Section 154Section 24

…look at the record must show that there has been an error which needs to be rectified. Reference to documents outside the record is impermissible. This view is as per the decision of the Hon’ble Supreme Court in the case of Keshri 2 | P a g e Metal (P) Ltd. (237 ITR 165). In the instant case, there was no information/details available in the original return filed which suggested that the appellant has made Interest payment of Rs. 31,17,879/- on the loan received from Union Bank of India for construction of warehouse on which he received lease rental income. There is no denying that the appellant furnished the ne…

HL KEJRIWAL MEMORIAL TRUST ,MUMBAI vs. ITO WARD 19(2), MUMBAI

In the result, the appeal is allowed for statistical purpose

ITA 1021/MUM/2024[2020-21]Status: DisposedITAT Mumbai27 Jun 2024AY 2020-21

Bench: the appeal hearing."

For Appellant: Shri Anuj Kisnadwala, A.RFor Respondent: Shri P. D. Chougule, (Addl. CIT) SR. D.R
Section 11Section 12ASection 143(1)Section 154Section 250

…f errors apparent on the face of the record. In that regard I place reliance on the judgment of Hon'ble Supreme Court in T.S. Balaram's ITO v. Volkart Bros. [1971] 82 ITR 50. Similar view has been reiterated in the case of CIT v. Keshri Metal (P.) Ltd. [1999] 237 ITR 165 (SC). The order of intimation passed under section 143(1) of the Act, has attained finality as it appears that no appeal was filed against that intimation order. I find no legal infirmity in the impugned order u/s. 154 passed by the CPC. Therefore, the appeal fails and the same is dismissed.” 5. Aggrieved by the order of the Ld. CIT (A), this app…

LUFTHANSA CARGO AG,NEW DELHI vs. DCIT(TDS), GURGAON

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 2711/DEL/2019[2013-14]Status: DisposedITAT Delhi17 Jan 2024AY 2013-14

Bench: Shri Kul Bharat & Dr. B. R. R. Kumar

For Appellant: Sh. Sujit Ghosh AdvFor Respondent: Sh. Vizay B. Vasanta, Sr. DR
Section 154Section 200ASection 201(1)

…come. There was therefore no mistake apparent from the record which could have been rectified by the CPC u/s 154 of the IT Act. The ld. CIT(A) relied on the judgment 6 Lufthansa Cargo AG 7. in the case of Commissioner Of Income-Tax.vs Keshri Metal Pvt. Ltd. 237 ITR 165 (SC). In this case the Hon'ble Supreme Court held as under:- "Under the provisions of section 154 there has to be a mistake apparent from the record. In other words, a look at the record must show that there has been an error and that error may be rectified. Learned counsel for the Revenue has not been able to satisfy us that it shows any apparen…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, CUDDALLORE vs. M/S VILLUPURAM DISTRICT CENTRAL COOPERATIVE BANK LTD., VILLUPURAM

In the result, the appeal filed by the Revenue in ITA

ITA 981/CHNY/2020[2008-09]Status: DisposedITAT Chennai18 Oct 2023AY 2008-09

Bench: Shri Mahavir Singh & Shri Manjunatha.G

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri N.B. Som, CIT
Section 143(1)Section 143(2)Section 143(3)Section 143(3)(ii)Section 147Section 148Section 36(1)(viia)

…om record." A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of Section 154 (CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165(SC)] 5.1 In view of the above discussion and taking into account the totality of facts and circumstances of the case and the ratio of the Hon'ble SC quoted supra, the impugned appeal is therefore not maintainable and hence dismissed.” Aggrieved, assessee is in appeal before the Tribunal. 33. We have heard rival contentions and gone through fac…

THE VILLUPURAM DISTRICT CENTRAL COOPERATIVE BANK LTD.,,VILLUPURAM vs. ACIT, CIRCLE-I,, CUDDALORE

In the result, the appeal filed by the Revenue in ITA

ITA 858/CHNY/2020[2009-10]Status: DisposedITAT Chennai18 Oct 2023AY 2009-10

Bench: Shri Mahavir Singh & Shri Manjunatha.G

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri N.B. Som, CIT
Section 143(1)Section 143(2)Section 143(3)Section 143(3)(ii)Section 147Section 148Section 36(1)(viia)

…om record." A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of Section 154 (CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165(SC)] 5.1 In view of the above discussion and taking into account the totality of facts and circumstances of the case and the ratio of the Hon'ble SC quoted supra, the impugned appeal is therefore not maintainable and hence dismissed.” Aggrieved, assessee is in appeal before the Tribunal. 33. We have heard rival contentions and gone through fac…

THE VILLUPURAM DISTRICT CENTRAL COOPERATIVE BANK LTD.,,VILLUPURAM vs. ACIT, CIRCLE-II,, CUDDALORE

In the result, the appeal filed by the Revenue in ITA

ITA 857/CHNY/2020[2008-09]Status: DisposedITAT Chennai18 Oct 2023AY 2008-09

Bench: Shri Mahavir Singh & Shri Manjunatha.G

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri N.B. Som, CIT
Section 143(1)Section 143(2)Section 143(3)Section 143(3)(ii)Section 147Section 148Section 36(1)(viia)

…om record." A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of Section 154 (CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165(SC)] 5.1 In view of the above discussion and taking into account the totality of facts and circumstances of the case and the ratio of the Hon'ble SC quoted supra, the impugned appeal is therefore not maintainable and hence dismissed.” Aggrieved, assessee is in appeal before the Tribunal. 33. We have heard rival contentions and gone through fac…

THE VILLUPURAM DISTRICT CENTRAL COOPERATIVE BANK LTD.,,VILLUPURAM vs. DCIT, VILLUPURAM CIRCLE,, VILLUPRUAM

In the result, the appeal filed by the Revenue in ITA

ITA 856/CHNY/2020[202-13]Status: DisposedITAT Chennai18 Oct 2023

Bench: Shri Mahavir Singh & Shri Manjunatha.G

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri N.B. Som, CIT
Section 143(1)Section 143(2)Section 143(3)Section 143(3)(ii)Section 147Section 148Section 36(1)(viia)

…om record." A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of Section 154 (CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165(SC)] 5.1 In view of the above discussion and taking into account the totality of facts and circumstances of the case and the ratio of the Hon'ble SC quoted supra, the impugned appeal is therefore not maintainable and hence dismissed.” Aggrieved, assessee is in appeal before the Tribunal. 33. We have heard rival contentions and gone through fac…

THE VILLUPURAM DISTRICT CENTRAL COOPERATIVE BANK LTD.,,VILLUPURAM vs. DCIT, VILLUPURAM CIRCLE,, VILLUPURAM

In the result, the appeal filed by the Revenue in ITA

ITA 855/CHNY/2020[2011-12]Status: DisposedITAT Chennai18 Oct 2023AY 2011-12

Bench: Shri Mahavir Singh & Shri Manjunatha.G

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri N.B. Som, CIT
Section 143(1)Section 143(2)Section 143(3)Section 143(3)(ii)Section 147Section 148Section 36(1)(viia)

…om record." A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of Section 154 (CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165(SC)] 5.1 In view of the above discussion and taking into account the totality of facts and circumstances of the case and the ratio of the Hon'ble SC quoted supra, the impugned appeal is therefore not maintainable and hence dismissed.” Aggrieved, assessee is in appeal before the Tribunal. 33. We have heard rival contentions and gone through fac…

THE VILLUPURAM DISTRICT CENTRAL COOPERTATIVE BANK LTD.,,VILLUPURAM vs. DCIT, VILLUPURAM CIRCLE,, VILLUPURAM

In the result, the appeal filed by the Revenue in ITA

ITA 854/CHNY/2020[2010-11]Status: DisposedITAT Chennai18 Oct 2023AY 2010-11

Bench: Shri Mahavir Singh & Shri Manjunatha.G

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri N.B. Som, CIT
Section 143(1)Section 143(2)Section 143(3)Section 143(3)(ii)Section 147Section 148Section 36(1)(viia)

…om record." A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of Section 154 (CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165(SC)] 5.1 In view of the above discussion and taking into account the totality of facts and circumstances of the case and the ratio of the Hon'ble SC quoted supra, the impugned appeal is therefore not maintainable and hence dismissed.” Aggrieved, assessee is in appeal before the Tribunal. 33. We have heard rival contentions and gone through fac…

THE CUDDALORE DISTRICT CENTRAL CO-OP BANK LTD.,CUDDALORE vs. DCIT CUDDALORE CIRCLE, CUDDALORE

In the result, the appeal filed by the Revenue in ITA

ITA 2645/CHNY/2019[2016-17]Status: DisposedITAT Chennai18 Oct 2023AY 2016-17

Bench: Shri Mahavir Singh & Shri Manjunatha.G

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri N.B. Som, CIT
Section 143(1)Section 143(2)Section 143(3)Section 143(3)(ii)Section 147Section 148Section 36(1)(viia)

…om record." A look at the records must show that there has been an error and that error may be rectified; Reference to documents outside the records and the law is impermissible when applying the provisions of Section 154 (CIT v Keshri Metal Pvt. Ltd. (1999) 237 ITR 165(SC)] 5.1 In view of the above discussion and taking into account the totality of facts and circumstances of the case and the ratio of the Hon'ble SC quoted supra, the impugned appeal is therefore not maintainable and hence dismissed.” Aggrieved, assessee is in appeal before the Tribunal. 33. We have heard rival contentions and gone through fac…

M/S ACTIVE TOOLS (P). LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -II, JALANDHAR

ITA 260/ASR/2019[2014-15]Status: DisposedITAT Amritsar16 Aug 2021AY 2014-15

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 115Section 133ASection 142(1)Section 154Section 68Section 69Section 69ASection 69BSection 69CSection 69D

…of fact or law. Provision of section 154 cannot be invoked when issue is debatable or issue has not been examined on fact or in law. Reliance is being placed on:- a) Honorable Supreme Court in the case of Commissioner of Income Tax vs. Keshri Metal Pvt. Ltd. 237 ITR 165(1999) has held:- ------------- b) Commissioner of Income Tax vs. Hero Cycles Pvt .ltd. ETC. ETC. Supreme Court of India 142 CTR (SC) 122 ……………………. c) COMMISSIONER OF INCOME TAX vs. BHIMA BROS. HIGH COURT OF KERALA (1995) 123 CTR (Ker) 253 : (1995) 214 ITR 302 (Ker) ………………. That without prejudice to our submission that provisions of section 154/…

RONAK WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1486/HYD/2018[2015-16]Status: DisposedITAT Hyderabad15 Mar 2019AY 2015-16

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…ould be reviewed u/s 154 of the Act. In support of his contention he placed reliance upon the following case law: i) T.S. Balaram ITO vs. Volkart Bros. 82 ITR 50 (S.C) ii) IInd Additional ITO vs. Atmala Nagaraju – 46 ITR (S.C) iii) CIT vs. Keshri Metal P Ltd- 237 ITR 165 (S.C) 5. Further, he submitted that the assessee being a Trust and beneficiary being a single person and the Trustees not being the beneficiaries, the AOP has to be taxed at individual tax rates only. In support of this contention, he placed reliance upon the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA No…

RONAK WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1485/HYD/2018[2014-15]Status: DisposedITAT Hyderabad15 Mar 2019AY 2014-15

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…ould be reviewed u/s 154 of the Act. In support of his contention he placed reliance upon the following case law: i) T.S. Balaram ITO vs. Volkart Bros. 82 ITR 50 (S.C) ii) IInd Additional ITO vs. Atmala Nagaraju – 46 ITR (S.C) iii) CIT vs. Keshri Metal P Ltd- 237 ITR 165 (S.C) 5. Further, he submitted that the assessee being a Trust and beneficiary being a single person and the Trustees not being the beneficiaries, the AOP has to be taxed at individual tax rates only. In support of this contention, he placed reliance upon the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA No…

RONAK WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1484/HYD/2018[2013-14]Status: DisposedITAT Hyderabad15 Mar 2019AY 2013-14

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…ould be reviewed u/s 154 of the Act. In support of his contention he placed reliance upon the following case law: i) T.S. Balaram ITO vs. Volkart Bros. 82 ITR 50 (S.C) ii) IInd Additional ITO vs. Atmala Nagaraju – 46 ITR (S.C) iii) CIT vs. Keshri Metal P Ltd- 237 ITR 165 (S.C) 5. Further, he submitted that the assessee being a Trust and beneficiary being a single person and the Trustees not being the beneficiaries, the AOP has to be taxed at individual tax rates only. In support of this contention, he placed reliance upon the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA No…

SHRESTHA WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1483/HYD/2018[2015-16]Status: DisposedITAT Hyderabad15 Mar 2019AY 2015-16

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…ould be reviewed u/s 154 of the Act. In support of his contention he placed reliance upon the following case law: i) T.S. Balaram ITO vs. Volkart Bros. 82 ITR 50 (S.C) ii) IInd Additional ITO vs. Atmala Nagaraju – 46 ITR (S.C) iii) CIT vs. Keshri Metal P Ltd- 237 ITR 165 (S.C) 5. Further, he submitted that the assessee being a Trust and beneficiary being a single person and the Trustees not being the beneficiaries, the AOP has to be taxed at individual tax rates only. In support of this contention, he placed reliance upon the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA No…

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IInd Additional ITO v. Atmala Nagaraju (237 ITR 165) — Cited in 33 Judgments | BharatTax