Inductotherm (India) P. Ltd. v. M. GopaLan, Deputy CIT

356 ITR 481High Court2013#1670 most cited

What is Inductotherm (India) P. Ltd. v. M. GopaLan, Deputy CIT authority for?

Reassessment proceedings under Section 147 cannot be initiated for mere verification of claims or a fishing and roving inquiry, even after a Section 143(1) intimation. The Assessing Officer must possess tangible material and form an independent, genuine reason to believe that income has escaped assessment, rather than relying on borrowed satisfaction.

68

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2025.

Also referred to as

Inductotherm (India) P. Ltd. v. M. Gopalan · Section 147 · Section 148 · reopening of assessment · reason to believe · tangible material · escapement of income · mere verification · fishing and roving inquiry · borrowed satisfaction · reassessment validity · Section 143(1)

Issues it is cited on

Judgments citing Inductotherm (India) P. Ltd. v. M. GopaLan, Deputy CIT

Sunil Kanhaiyalal Gidwani, Sangli vs. Assistant Commissioner of Income Tax, Sangli

In the result, the appeal of the assessee in ITA No

ITA 325/PUN/2017[2009-10]Status: DisposedITAT Pune07 Feb 2020AY 2009-10

Bench: Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.325/Pun/2017 िनधा"रण वष" / Assessment Year : 2009-10 Sunil Kanhaiyalal Gidwani, C.S. No.34, Laxmi Bunglow, Revenue Colony, South Shivaji Nagar, Sangli-416416. .......अपीलाथ" / Appellant Pan : Afdpg9973Q बनाम / V/S. Acit, Circle-1, ……""यथ" / Respondent Sangli. आयकर अपील सं. / Ita No.327/Pun/2017 िनधा"रण वष" / Assessment Year : 2009-10 Sunil Kanhaiyalal Gidwani (Huf), C.S. No.34, Laxmi Bunglow, Revenue Colony, South Shivaji Nagar, Sangli-416416. .......अपीलाथ" / Appellant Pan : Aahhs9603Q बनाम / V/S. Acit, Circle-1, ……""यथ" / Respondent Sangli. Assessee By : Shri Sunil Ganoo Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 28.01.2020 घोषणा क" तारीख / Date Of Pronouncement : 07.02.2020 आदेश / Order Per D. Karunakara Rao, Am: There Are Two Appeals Under Consideration. Both The Appeals Are Directed Against The Separate Orders Of The Cit(A)-1, Kolhapur Dated

For Appellant: Shri Sunil GanooFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 147Section 6Section 68

…take a fishing or roving inquiry and seek to verify the claims as if it were a scrutiny assessment. Here the reference could be made to the decision of Hon’ble Gujarat High Court in the case of Inductotherm (India) P Ltd Vs. M Gopalan, DCIT reported in (2013) 356 ITR 481 (Guj) wherein it has been observed by Hon’ble High Court that for a mere verification of the claim, the power of reopening of assessment could not be exercised. It further observed that the Assessing Officer under the guise of power to reopen an assessment, cannot seek to undertake a fishing or roving inquiry and seek to verify the claims, as if…

Kailash Kanhaiyalal Gidwani (HUF), Mumbai vs. Assistant Commissioner of Income-Tax, Circle -2, Sangli

In the result, the appeal of the assessee in ITA No

ITA 1743/PUN/2019[2009-10]Status: DisposedITAT Pune04 Feb 2020AY 2009-10

Bench: Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita Nos.1740, 1741, 1742 & 1743/Pun/2019 िनधा"रण वष" / A. Ys. : 2005-06, 2006-07, 2008-09 & 2009-10 Kailash Kanhaiyalal Gidwani (Huf), City Survey No.341, Laxmi Bungalow, Revenue Colony, South Shivajinagar, Sangli-416416. .......अपीलाथ" / Appellant Pan : Aadhk3800M बनाम / V/S. Acit, Circle-2, ……""यथ" / Respondent Sangli. Assessee By : Shri Sunil Ganoo Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 28.01.2020 घोषणा क" तारीख / Date Of Pronouncement : 04.02.2020 आदेश / Order Per D. Karunakara Rao, Am: There Are Four Appeals Under Consideration. All The Four Appeals Are Directed Against The Common Orders Of The Cit(A)-1, Kolhapur Dated 28.08.2019 For The Assessment Years 2005-06, 2006-07, 2008-09 & 2009-10 Respectively. Since The Facts & Issues Are Common In Both The Appeals, Therefore, These Were Heard Together & Are Being Disposed Of By This Composite Order.

For Appellant: Shri Sunil GanooFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 148Section 68

…take a fishing or roving inquiry and seek to verify the claims as if it were a scrutiny assessment. Here the reference could be made to the decision of Hon’ble Gujarat High Court in the case of Inductotherm (India) P Ltd Vs. M Gopalan, DCIT reported in (2013) 356 ITR 481 (Guj) wherein it has been observed by Hon’ble High Court that for a mere verification of the claim, the power of reopening of assessment could not be exercised. It further observed that the Assessing Officer under the guise of power to reopen an assessment, cannot seek to undertake a fishing or roving inquiry and seek to verify the claims, as if…

Kailash Kanhaiyalal Gidwani (HUF), Pune vs. Assistant Commissioner of Income-Tax, Circle - 2, Sangli

In the result, the appeal of the assessee in ITA No

ITA 1742/PUN/2019[2008-09]Status: DisposedITAT Pune04 Feb 2020AY 2008-09

Bench: Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita Nos.1740, 1741, 1742 & 1743/Pun/2019 िनधा"रण वष" / A. Ys. : 2005-06, 2006-07, 2008-09 & 2009-10 Kailash Kanhaiyalal Gidwani (Huf), City Survey No.341, Laxmi Bungalow, Revenue Colony, South Shivajinagar, Sangli-416416. .......अपीलाथ" / Appellant Pan : Aadhk3800M बनाम / V/S. Acit, Circle-2, ……""यथ" / Respondent Sangli. Assessee By : Shri Sunil Ganoo Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 28.01.2020 घोषणा क" तारीख / Date Of Pronouncement : 04.02.2020 आदेश / Order Per D. Karunakara Rao, Am: There Are Four Appeals Under Consideration. All The Four Appeals Are Directed Against The Common Orders Of The Cit(A)-1, Kolhapur Dated 28.08.2019 For The Assessment Years 2005-06, 2006-07, 2008-09 & 2009-10 Respectively. Since The Facts & Issues Are Common In Both The Appeals, Therefore, These Were Heard Together & Are Being Disposed Of By This Composite Order.

For Appellant: Shri Sunil GanooFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 148Section 68

…take a fishing or roving inquiry and seek to verify the claims as if it were a scrutiny assessment. Here the reference could be made to the decision of Hon’ble Gujarat High Court in the case of Inductotherm (India) P Ltd Vs. M Gopalan, DCIT reported in (2013) 356 ITR 481 (Guj) wherein it has been observed by Hon’ble High Court that for a mere verification of the claim, the power of reopening of assessment could not be exercised. It further observed that the Assessing Officer under the guise of power to reopen an assessment, cannot seek to undertake a fishing or roving inquiry and seek to verify the claims, as if…

Kailash Kanhaiyalal Gidwani (HUF), Mumbai vs. Assistant Commissioner of Income-Tax, Circle -2, Sangli

In the result, the appeal of the assessee in ITA No

ITA 1741/PUN/2019[2006-07]Status: DisposedITAT Pune04 Feb 2020AY 2006-07

Bench: Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita Nos.1740, 1741, 1742 & 1743/Pun/2019 िनधा"रण वष" / A. Ys. : 2005-06, 2006-07, 2008-09 & 2009-10 Kailash Kanhaiyalal Gidwani (Huf), City Survey No.341, Laxmi Bungalow, Revenue Colony, South Shivajinagar, Sangli-416416. .......अपीलाथ" / Appellant Pan : Aadhk3800M बनाम / V/S. Acit, Circle-2, ……""यथ" / Respondent Sangli. Assessee By : Shri Sunil Ganoo Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 28.01.2020 घोषणा क" तारीख / Date Of Pronouncement : 04.02.2020 आदेश / Order Per D. Karunakara Rao, Am: There Are Four Appeals Under Consideration. All The Four Appeals Are Directed Against The Common Orders Of The Cit(A)-1, Kolhapur Dated 28.08.2019 For The Assessment Years 2005-06, 2006-07, 2008-09 & 2009-10 Respectively. Since The Facts & Issues Are Common In Both The Appeals, Therefore, These Were Heard Together & Are Being Disposed Of By This Composite Order.

For Appellant: Shri Sunil GanooFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 148Section 68

…take a fishing or roving inquiry and seek to verify the claims as if it were a scrutiny assessment. Here the reference could be made to the decision of Hon’ble Gujarat High Court in the case of Inductotherm (India) P Ltd Vs. M Gopalan, DCIT reported in (2013) 356 ITR 481 (Guj) wherein it has been observed by Hon’ble High Court that for a mere verification of the claim, the power of reopening of assessment could not be exercised. It further observed that the Assessing Officer under the guise of power to reopen an assessment, cannot seek to undertake a fishing or roving inquiry and seek to verify the claims, as if…

Kailash Kanhaiyalal Gidwani (HUF), Mumbai vs. Assistant Commissioner of Income-Tax, Circle - 2, Sangli

In the result, the appeal of the assessee in ITA No

ITA 1740/PUN/2019[2005-06]Status: DisposedITAT Pune04 Feb 2020AY 2005-06

Bench: Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita Nos.1740, 1741, 1742 & 1743/Pun/2019 िनधा"रण वष" / A. Ys. : 2005-06, 2006-07, 2008-09 & 2009-10 Kailash Kanhaiyalal Gidwani (Huf), City Survey No.341, Laxmi Bungalow, Revenue Colony, South Shivajinagar, Sangli-416416. .......अपीलाथ" / Appellant Pan : Aadhk3800M बनाम / V/S. Acit, Circle-2, ……""यथ" / Respondent Sangli. Assessee By : Shri Sunil Ganoo Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 28.01.2020 घोषणा क" तारीख / Date Of Pronouncement : 04.02.2020 आदेश / Order Per D. Karunakara Rao, Am: There Are Four Appeals Under Consideration. All The Four Appeals Are Directed Against The Common Orders Of The Cit(A)-1, Kolhapur Dated 28.08.2019 For The Assessment Years 2005-06, 2006-07, 2008-09 & 2009-10 Respectively. Since The Facts & Issues Are Common In Both The Appeals, Therefore, These Were Heard Together & Are Being Disposed Of By This Composite Order.

For Appellant: Shri Sunil GanooFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 148Section 68

…take a fishing or roving inquiry and seek to verify the claims as if it were a scrutiny assessment. Here the reference could be made to the decision of Hon’ble Gujarat High Court in the case of Inductotherm (India) P Ltd Vs. M Gopalan, DCIT reported in (2013) 356 ITR 481 (Guj) wherein it has been observed by Hon’ble High Court that for a mere verification of the claim, the power of reopening of assessment could not be exercised. It further observed that the Assessing Officer under the guise of power to reopen an assessment, cannot seek to undertake a fishing or roving inquiry and seek to verify the claims, as if…

Shri Sharadchandra P. Amin, Anand vs. The Income Tax Officer, Ward-2, Anand

In the result, the appeal of the assessee is allowed

ITA 972/AHD/2014[2004-05]Status: DisposedITAT Ahmedabad15 Oct 2019AY 2004-05

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No. 972/Ahd/2014 "नधा"रण वष"/Assessment Year: 2004-05 Sharadchandra P. Amin, Vs. The Income Tax Officer, 10, Vaishnav Township, Ward-2, Lamvel Road, Vallabh Anand Vidyanagar, Anand-388315 Pan : Abupa 1574 G अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri P.B. Parmar, Ar Revenue By : Shri Mudit Nagpal, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 25/09/2019 घोषणा क" तार"ख /Date Of Pronouncement: 15/10/2019 आदेश/O R D E R Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of Learned Cit(A)-Iv, Baroda Dated 24Th January 2014 Passed For Assessment Year 2004-05. The Grounds Of Appeal Taken By The Assessee Are Not In Consonance With Rule 8 Of Income Tax (Appellate Tribunal) Rules, 1963; They Are Descriptive & Argumentative In Nature.

For Appellant: Shri P.B. Parmar, ARFor Respondent: Shri Mudit Nagpal, Sr DR
Section 144Section 147Section 148Section 45Section 68

…aradchandra P. Amin Vs. ITO For AY: 2004-05 4 Representative, at the time of hearing, relied upon the judgment of Hon’ble jurisdictional High Court in the case of Inductotherm (India (P.) Ltd vs. M. Gopalan, DCIT, reported in [2013] 36 taxmann.com 401/[2013]356 ITR 481 – he placed on record a copy of the judgment. A perusal of the above judgment would indicate that the Hon’ble High Court has justified the reopening of the assessment qua one of the issue where it found that justifiable reasons are available for reopening of the assessment. It is not that directly on the point agitated before us. Therefore, it is…