ITO v. D.G. Housing Projects Ltd.

343 ITR 329High Court2012#164 most cited

What is ITO v. D.G. Housing Projects Ltd. authority for?

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

438

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2013 to 2026.

Also referred to as

ITO v. D.G. Housing Projects Ltd. · Section 263 · revisional jurisdiction · erroneous assessment order · prejudicial to revenue · condition precedent · inadequate enquiry · lack of enquiry · two views possible · AO's view unsustainable in law · Commissioner cannot remit

Issues it is cited on

Judgments citing ITO v. D.G. Housing Projects Ltd.

Durgesh Autofin P.Ltd, Bijnor vs. Prcit, Muzaffarnagar

In the result, the appeal of the assessee is allowed

ITA 2539/DEL/2018[2013-14]Status: DisposedITAT Delhi09 Oct 2018AY 2013-14

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 2539/Del/2018 : Asstt. Year : 2013-14 Durgesh Autofin P. Ltd., Vs Pr. Commissioner Of Income Tax, C/O Sh. Pankaj Kumar, Director, Muzaffarnagar-251002 S/O Late Sh. Tejpal Singh, Mandi Kotla, Near Nehru Murti, Chandpur, Bijnot, Bijnor, Uttar Pradesh (Appellant) (Respondent) Pan No. Aaccd0768P Assessee By : Sh. Vivek Bansal, Adv. Revenue By : Ms. Rachna Singh, Cit Dr Date Of Hearing : 29.08.2018 Date Of Pronouncement : 09.10.2018 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 13.03.2018 Of Ld. Pr. Cit, Muzaffarnagar U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The Act).

For Appellant: Sh. Vivek Bansal, AdvFor Respondent: Ms. Rachna Singh, CIT DR
Section 143(3)Section 263Section 269SSection 271DSection 41(1)Section 68

…it was inadequate enquiry, the ld. Pr. CIT could not have discarded a quasi-judicial decision taken by the AO. The reliance was placed on the following case laws: " CIT Vs Sunbeam Auto Ltd. (2009) 227 CTR 133 (Del.) " ITO Vs D.G. Housing Projects Ltd. (2012) 343 ITR 329 (Del.) " CIT Vs Shree Manjunathesware Packing & Products Camphor Works (1998) 231 ITR 53 (SC) " DIT Vs Jyoti Foundation (2013) 357 ITR 388 (Del.) " CIT Vs Kamal Galani (2018) 95 Taxmann.com 261 (Guj.) " CIT Vs Jawahar Bhattacharjee (2012) 341 ITR 434 (Gauhati) 24 Durgesh Autofin P. Ltd. " CIT Vs Arvind Jewellers (2003) 259 ITR 502 (Guj.) " Mala…