Indra Prastha Chemicals (P) Ltd. v. CIT

271 ITR 113High Court2004#17467 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2022.

Judgments citing Indra Prastha Chemicals (P) Ltd. v. CIT

Shri. G Maria Augustin, Chennai vs. ITO Non Corporate Ward 13 (5), Chennai

ITA 1584/CHNY/2018[2009-10]Status: DisposedITAT Chennai11 Apr 2022AY 2009-10

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Mr. G. Baskar, Adv. & Mr. I DineshFor Respondent: Mr. ARV Sreenivasan, Addl. CIT

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…ontingency that may :: 5 :: I.T.A. No.1584/Chny/2018 emerge in future. The learned Counsel for the Assessee relied upon on the following case-laws. 1. Hindustan Lever Limited Vs. R.B. Wadkar, 268 ITR 332 (Bom.) 2. Indra Prastha Chemicals (P) Limited Vs. CIT, 271 ITR 113 (All) 3. Vinodbhai Jivrajbhai Rabdiya Vs. ITO, 114 Taxmann.com 535 (Guj.) 4. Sharvah Multitrade Company (P.) Limited Vs. ITO, 134 Taxmann.com 134 (Bom.) 6. On the other hand, the learned Senior Departmental Representative could not rebut the above stated fact situation. Hence, he only relied on the order of the Assessing Officer and that of th…

M/S. Modi Industries Ltd., Uttar Pradesh vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 3858/DEL/2016[2011-12]Status: DisposedITAT Delhi07 Jan 2020AY 2011-12

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2011-12

Section 143(3)Section 147Section 148Section 14A

…as not business expenditure and there was no tangible material before him and it was based on enquiry to be conducted in future. The assessee relied on the decision of the Allahabad High Court in the case of Indra Prastha Chemicals 4 Private Limited Vs. CIT, 271 ITR 113, wherein it is held that reason to believe must be in good faith and should have a rational connection. The assessee also contested that there was no fresh tangible material for forming reasons to believe that income escaped in the case of the assessee. The ld. CIT(A), however, rejected the grounds challenging issue of notice under section 148 ob…

Huron Builders Pvt Ltd, New Delhi vs. ITO Ward - 6(1), New Delhi

In the result the appeal is allowed on this preliminary

ITA 6251/DEL/2019[2013-14]Status: DisposedITAT Delhi03 Oct 2019AY 2013-14

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

For Appellant: Shri S.K. Garg, Adv. & Shri AkarshFor Respondent: Ms. Sugandha Sharma, Sr.D.R

Section 147Section 148Section 68

…reasons recorded” are not only required to be based on relevant and tangible material but the same should have been found to be held in good faith also. Hon’ble Allahabad High Court in the case of Indra Prastha Chemicals Pvt. Ltd. vs. CIT reported in (2004) 271 ITR 113, wherein their lordships after visiting various case laws decided by Hon’ble Supreme Court, like; Sheonath Singh vs. Appellate Asstt. Commissioner of Income Tax reported in (1971) 82 ITR 147; ITO vs. Lakhmani Mewal Das reported in (1976) 1043 ITR 437; and Ganga Saran & Sons Pvt. Ltd. vs. ITO reported in (1981) 130 ITR 1, held as under: - “T…

M/S Deepraj Hospital P Ltd, Hathras vs. ITO 3(5), Hathras

In the result, both the appeals are allowed

ITA 41/AGR/2017[2010-11]Status: DisposedITAT Agra01 Jun 2018AY 2010-11

Bench: Shri A. D. Jain

Section 147Section 148Section 68

…ore the Hon'ble Delhi High Court and stands reported in (2008) 299 ITR 383 (Del). The Hon'ble High Court approved the findings as recorded by the Hon'ble ITAT. ii) Hon'ble Allahabad High Court in the case of Indra Prastha Chemicals (P) Ltd vs. CIT reported in 271 ITR 113 wherein the facts of the case are that a notice u/s 148 of the Act was issued by the Assessing Officer on the basis of the report submitted by the Inspector of Income tax, the Hon'ble High court quashed the notice as the report submitted by the Inspector did not have any relevant material to point out that any income has escaped assessment. 9. Th…

M/S Charan Singh Ice & Storage P Ltd, Hathras vs. ITO 3(5), Hathras

In the result, both the appeals are allowed

ITA 40/AGR/2017[2009-10]Status: DisposedITAT Agra01 Jun 2018AY 2009-10

Bench: Shri A. D. Jain

Section 147Section 148Section 68