Income-tax Officer v. Asok Textiles Ltd.

41 ITR 732Supreme Court of India1961#24890 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2016 to 2022.

Judgments citing Income-tax Officer v. Asok Textiles Ltd.

Shiv Shakti Traders, Ghaziabad vs. ACIT, Circle-2, Ghaziabad

In the result, the appeal is partly allowed

ITA 2877/DEL/2019[2013-14]Status: DisposedITAT Delhi15 Mar 2022AY 2013-14

Bench: Dr. B.R.R. Kumar & Ms. Astha Chandraasstt. Year: 2013-14

For Appellant: NoneFor Respondent: Shri Umesh Takyar, Sr. DR

Section 143(3)Section 154Section 40A(3)

…alia that section 40A(3) is mandatory provision of law which had been overlooked in the original assessment under section 143(3) of the Act and that it was a mistake rectifiable under section 154 as held by Hon’ble Supreme Court in ITO vs. Ashok Textile Ltd. 41 ITR 732 (SC). 6. This has brought the assessee before us by reiterating the same grounds which were taken before the Ld. CIT(A). Shiv Shakti Traders vs. ACIT 4 7. On request of the assesee the appeal was fixed on out of turn basis to which the Ld. AO had no objection. However, adjournment was sought thrice by the Counsel of the assessee which was grant…

Santosh Infra Projects, Delhi vs. ITO Ward-2(4), Ghaziabad

In the result, the appeal filed by the assessee is

ITA 6243/DEL/2019[2014-15]Status: DisposedITAT Delhi16 Nov 2021AY 2014-15

Bench: Shri R.K. Panda[Assessment Year: 2014-15]

Section 139Section 139(5)Section 143(3)Section 154

…ection 139(5) accordingly comes under the purview of mistake apparent from record. Provisions of section 139 prohibit revision of belated return of income. Reliance is placed on the decision of Hon'ble Apex Court in the case of ITO vs Ashok Textiles Ltd. (SC) 41 ITR 732, Addl. CIT vs India Tin Industries (P) Ltd. (Kar) 166 ITR 454 and CIT vs Peirce Leslie & Co. Limited (Mad) 227 ITR 759. Keeping in view above position of law and facts of the case it is held that there is no aberration in the action of the AO rectifying the order u/s 143(3) u/s 154. Thus, these grounds of appeal are dismissed. 6. I have heard the…

ACIT, New Delhi vs. Mr Piyush Gupta, Ghaziabad

In the result, Revenue’s appeal is dismissed

ITA 3879/DEL/2012[2008-09]Status: DisposedITAT Delhi13 May 2016AY 2008-09

Bench: Shri S.V. Mehrotra : & Shri C.M. Garg:Asstt. Yr: 2008-09 Acit, Circle 48(1), Vs. Piyush Gupta, New Delhi. 8, Green Avenue, Abhey Khand Ii, Indirapuram, Ghaziabad. Pan: Aatpg 5012 B ( Appellant ) (Respondent) Appellant By : Ms. Rakhi Bimal Sr. Dr Respondent By : Shri Gagan Kumar Ca Date Of Hearing : 10/05/2016. Date Of Order : 13/05/2016. O R D E R Per S.V. Mehrotra, A.M:

For Appellant: Ms. Rakhi Bimal Sr. DRFor Respondent: Shri Gagan Kumar CA

Section 115WSection 139(1)Section 139(3)Section 139(5)Section 142Section 154Section 49Section 72Section 73Section 74

…stake apparent on the face of record, rectifiable u/s 154. In this regard ld. counsel has referred to following decisions: - M.K. Venkatachalm v. Bombay Dyeing & Manufacturing Co. Ltd. (1958) 34 ITR 143 (SC); - Income-tax Officer vs. Asok Textiles Ltd. (1961) 41 ITR 732 (SC); and - CIT Vs. Kesaria Tea Co. Ltd. (1998) 233 ITR 700 (Kerala). 12.1. Ld. counsel has also referred to CBDT Circular no. 14(XL-35), wherein it has been, inter alia, observed as under: “(3) Officers of the Department must not take advantage of ignorance of an assessee as to his rights. It is one of their duties to assist a taxpayer in every…