Jainam Investment v. ACIT Central Circle 8(1), Mumbai

131 Taxmann.com 327High Court2021#10140 most cited

What is Jainam Investment v. ACIT Central Circle 8(1), Mumbai authority for?

An Assessing Officer cannot reopen an assessment based solely on the dictates of another person or authority; the reasons for reopening must originate from the Assessing Officer's own evaluation of the law and facts.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2021 to 2025.

Also referred to as

Jainam Investment v. ACIT · section 147 · reopening assessment · Assessing Officer's belief · dictates of another person · independent evaluation · reasons for reopening · fresh tangible material

Issues it is cited on

Judgments citing Jainam Investment v. ACIT Central Circle 8(1), Mumbai

Rain Cements Limited, Hyd, Hyderabad vs. DCIT, Circle-3(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 864/HYD/2017[2008-09]Status: DisposedITAT Hyderabad31 May 2023AY 2008-09

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2008-09 M/S. Rain Cements Ltd Vs. Dy. Commissioner Of (Formerly Known As Rain Income Tax, Circle 3 (1) Cii Carbon (India) Ltd Hyderabad Hyderabad Pan:Aabcr8858F (Appellant) (Respondent) Assessee By: Advocate Prathishta Singh & Advocate Deepak Chopra Revenue By: Dr.Rajendra Kumar, Cit-Dr Date Of Hearing: 20/03/2023 Date Of Pronouncement: 31/05/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 24.03.2017 Passed U/S 143(3) R.W.S. 144C(5) R.W.S. 260 Of The I.T. Act For The A.Y 2008-09. 2. This Appeal Was Earlier Decided By The Tribunal Vide Order Dated 18.10.2019. Subsequently Vide Ma No.15/Hyd/2020, Dated 23.3.2021, The Tribunal Recalled The Entire Order For Fresh Adjudication. Therefore, This Is A Recalled Matter.

For Appellant: Advocate Prathishta Singh &For Respondent: Dr.Rajendra Kumar, CIT-DR
Section 10BSection 115JSection 143(2)Section 143(3)Section 147Section 148Section 92C

…ITA No 864 of 2017 Rain Cements Ltd Hyderabad आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri K. Narasimha Chary, Judicial Member Assessment Year: 2008-09 M/s. Rain Cements Ltd Vs. Dy. Commissioner of (Formerly known as Rain Income Tax, Circle 3 (1) CII Carbon (India) Ltd Hyderabad Hyderabad PAN:AABCR8858F (Appellant) (Respondent) Assessee by: Advocate Prathishta Singh & Advocate Deepak Chopra Revenue by: Dr.Rajendra Kumar, CIT-DR Date of hearing: 20/03/2023 Date of pronouncement: 31/05/2023 ORDER Per R.…

Jainam Investment v. ACIT Central Circle 8(1), Mumbai (131 Taxmann.com 327) — Cited in 10 Judgments | BharatTax