ITO v. Miss Vasudha Bajoria

129 TTJ 190Income Tax Appellate Tribunal#13335 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2022 to 2024.

Issues it is cited on

substantive assessmentprotective assessmentreopening of assessmentreassessment proceedingssection 147personcompanytotal income

Judgments citing ITO v. Miss Vasudha Bajoria

DCIT (Central), Bhopal vs. Shailendra Sharma, Bhopal

In the result the appeals of the assessee for the Assessment

ITA 305/IND/2023[2015-16]Status: DisposedITAT Indore24 Jun 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 153A

…we find that AO has not made any substantive assessment. There may be substantive assessment without any protective assessment, but there cannot be any protective assessment without there being a substantive assessment. In the case of MP Romchandran v. DCIT [129 TTJ 190 at page 195), it was held/averred, as follows, by the Hon'ble ITAT: "In order to give a different colour, the Id. DR contended that this disallowance was made on protective basis only and hence cannot be equated with the substantive disallowance. We have noted above about the validity and presumption of the protective assessment in general. Prot…

Dev Darshan Designs Pvt. Ltd., Kolkata vs. ITO, Ward 14(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 34/KOL/2024[2014-15]Status: DisposedITAT Kolkata15 May 2024AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.34/Kol/2024 Assessment Year: 2014-15 Dev Darshan Designs Pvt. Ltd.……….......................…...……………....Appellant P-40, 1St Floor, Kajinajrul Islam Avenue, Kolkata-700157. [Pan: Aadcd1890P] Vs. Ito, Ward-14(1), Kolkata….……............…..........................…..…..... Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : April 09, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.2,67,60,000/- Made By The Assessing Officer On Protective Basis In Respect Of The Loan Amount Received By The Assessee From One Of Its Director & His Relatives. 3. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year Under Consideration Declaring A Total

Section 143(2)Section 250Section 68

…ti Bench in the case of Keshava Nanda Kakati in I.T.A. No. 460/ GAU/2019 dated 28.10.2021,  Hon’ble Delhi Bench in the case of ITO vs. Fussy Financial Services Private Limited in I.T.A. No.44/DEL/2014 dated 05.06.2017,  M.P. Ramchandran vs. DCIT reported in 129 TTJ 190 at page 195],  Hon'ble Delhì Bench in the case of G.K. Consultants Ltd. vs. ITO in ITA No.l502/ Del/2013 dated 27.06.2014, which was upheld in CIT vs. G.K. Consultants Ltd., 2016 (6) TMI 136 Delhi High Court), it was held/averred, as follows, by the Hon'ble ITAT Delhi: "19. On careful consideration of above contention, we are of the view that th…

Rohit Kumar Yadav, Indore vs. Income Tax Officer 5(5), Indore

In the result, appeal of the assessee is allowed

ITA 442/IND/2023[2013-14]Status: DisposedITAT Indore15 Apr 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanirohit Kumar Yadav Ito 5(5) Hig-Dx-2Manishmati Arvind Indore Vihar, Mahishmati Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaupy5015 F Assessee By Shri Pankaj Shah & Soumya Bumb Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 09.04.2024 Date Of Pronouncement 15.04.2024

Section 50C

…find that AO has not made any substantive assessment. There may be Substantive assessment without any protective assessment, but there cannot be any protective assessment without there being a substantive assessment. In the case of M.P. Ramchandran vs. DCIT [129 TTJ 190 at page 195], it was held/averred, as follows, by the Hon’ble ITAT: “In order to give a different colour, the ld. DR contended that this disallowance was made on protective basis only and hence cannot be equated with the substantive disallowance. We have noted above about the validity and presumption of the protective assessment in general. Prote…

M/S. Maverick Share Brockers Pvt. Ltd., Jaipur vs. DCIT, Central Circle-4, Jaipur

ITA 41/JPR/2020[2013-14]Status: DisposedITAT Jaipur26 Sept 2022AY 2013-14
For Appellant: Sh. Manish Agarwal, C.AFor Respondent: Sh. P. R. Meena, PCIT
Section 132Section 133ASection 143(3)

…ing: i) Lalji Haridas vs. ITO and another 43 ITR 387 (SC). M/s Marverick Share Brokers Pvt. Ltd., Jaipur vs. DCIT, Jaipur ii) Dilip Kumar Jain vs. ITO 5 ITD 552 (ITAT, Indore). iii) ITO vs. Miss Vasudha Bajoria 40 ITD 414 (Cal.) iv) M.P. Ramchandran vs. DCIT 129 TTJ 190 at page 195 (ITAT Mumbai). Hon’ble Delhi ITAT in the case of G.K. Consultants Limited, vs Income Tax Officer, in ITA No. 1502/Del/2013 (Case Law PB-II APB 255-263) has held as under: (APB 262) “19. On careful consideration of above contention, we are of the view that there may be a substantive assessment without any protective assessment but ther…

M/S. Maverick Share Brockers Pvt. Ltd., Jaipur vs. DCIT, Central Circle-4, Jaipur

ITA 40/JPR/2020[2012-13]Status: DisposedITAT Jaipur26 Sept 2022AY 2012-13
For Appellant: Sh. Manish Agarwal, C.AFor Respondent: Sh. P. R. Meena, PCIT
Section 132Section 133ASection 143(3)

…ing: i) Lalji Haridas vs. ITO and another 43 ITR 387 (SC). M/s Marverick Share Brokers Pvt. Ltd., Jaipur vs. DCIT, Jaipur ii) Dilip Kumar Jain vs. ITO 5 ITD 552 (ITAT, Indore). iii) ITO vs. Miss Vasudha Bajoria 40 ITD 414 (Cal.) iv) M.P. Ramchandran vs. DCIT 129 TTJ 190 at page 195 (ITAT Mumbai). Hon’ble Delhi ITAT in the case of G.K. Consultants Limited, vs Income Tax Officer, in ITA No. 1502/Del/2013 (Case Law PB-II APB 255-263) has held as under: (APB 262) “19. On careful consideration of above contention, we are of the view that there may be a substantive assessment without any protective assessment but ther…

M/S. Maverick Share Brockers Pvt. Ltd., Jaipur vs. DCIT, Central Circle-4, Jaipur

ITA 39/JPR/2020[2011-12]Status: DisposedITAT Jaipur26 Sept 2022AY 2011-12
For Appellant: Sh. Manish Agarwal, C.AFor Respondent: Sh. P. R. Meena, PCIT
Section 132Section 133ASection 143(3)

…ing: i) Lalji Haridas vs. ITO and another 43 ITR 387 (SC). M/s Marverick Share Brokers Pvt. Ltd., Jaipur vs. DCIT, Jaipur ii) Dilip Kumar Jain vs. ITO 5 ITD 552 (ITAT, Indore). iii) ITO vs. Miss Vasudha Bajoria 40 ITD 414 (Cal.) iv) M.P. Ramchandran vs. DCIT 129 TTJ 190 at page 195 (ITAT Mumbai). Hon’ble Delhi ITAT in the case of G.K. Consultants Limited, vs Income Tax Officer, in ITA No. 1502/Del/2013 (Case Law PB-II APB 255-263) has held as under: (APB 262) “19. On careful consideration of above contention, we are of the view that there may be a substantive assessment without any protective assessment but ther…

M/S. Maverick Share Brockers Pvt. Ltd., Jaipur vs. DCIT, Central Circle-4, Jaipur

ITA 38/JPR/2020[2010-11]Status: DisposedITAT Jaipur26 Sept 2022AY 2010-11
For Appellant: Sh. Manish Agarwal, C.AFor Respondent: Sh. P. R. Meena, PCIT
Section 132Section 133ASection 143(3)

…ing: i) Lalji Haridas vs. ITO and another 43 ITR 387 (SC). M/s Marverick Share Brokers Pvt. Ltd., Jaipur vs. DCIT, Jaipur ii) Dilip Kumar Jain vs. ITO 5 ITD 552 (ITAT, Indore). iii) ITO vs. Miss Vasudha Bajoria 40 ITD 414 (Cal.) iv) M.P. Ramchandran vs. DCIT 129 TTJ 190 at page 195 (ITAT Mumbai). Hon’ble Delhi ITAT in the case of G.K. Consultants Limited, vs Income Tax Officer, in ITA No. 1502/Del/2013 (Case Law PB-II APB 255-263) has held as under: (APB 262) “19. On careful consideration of above contention, we are of the view that there may be a substantive assessment without any protective assessment but ther…

ITO v. Miss Vasudha Bajoria (129 TTJ 190) — Cited in 7 Judgments | BharatTax