Kanshi Ram Wadhwa v. CIT

138 ITR 830High Court1982#19136 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2023.

Judgments citing Kanshi Ram Wadhwa v. CIT

PROGRESSIVE CONSTRUCTION COMPANY,BALLIA vs. DY. CIT, CIRCLE - 02,, VARANASI

In the result, the appeal of the assessee is dismissed

ITA 88/VNS/2020[2015-2016]Status: DisposedITAT Varanasi08 Feb 2023AY 2015-2016

Bench: Shri. Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2015-16 Progressive Construction Company V. The Dy. Cit 5, Rajeshwari Sadan Circle 2 Bedau, Ballia, U.P. Varanasi Pan:Aakfp6945R (Appellant) (Respondent) Appellant By: None Respondent By: Shri. A. K. Singh, D.R. Date Of Hearing: 07 02 2023 Date Of Pronouncement: 08 02 2023 O R D E R

For Appellant: NoneFor Respondent: Shri. A. K. Singh, D.R

…has withdrawn the appeal filed before the ld. CIT(A), it is not permitted to file the present appeal. In support of his contention, the ld. D.R. has relied upon the judgment of the Hon'ble Punjab & Haryana High Court in the case of Kanshi Ram Wadhwa vs. CIT, 138 ITR 830 (P&H). 6. Accordingly, when the assessee has withdrawn the appeal filed before the ld. CIT(A), the same cannot be challenged before this Tribunal, as the assessee cannot agitate any grievance against the said order, which was passed with the consent and specific request of the assessee. If the assessee consequently realised that the appeal was wr…

M/S MINERA STEEL & POWER PVT LTD ,BELLARY vs. THE JOINT COMMISSIONER OF INCOME TAX BELLARY RANGE , BELLARY

In the result, the appeal of the assessee is partly allowed

ITA 515/BANG/2019[2012-13]Status: DisposedITAT Bangalore29 Nov 2021AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2012-13

For Appellant: Shri H Siva Prasad Reddy, I.T.PFor Respondent: Shri Sankar Ganesh K, JCIT (DR)

Section 115JSection 143(3)Section 14ASection 41(1)Section 41(1)(a)

…Vs. Hunger Ford Inv. 85 ITR 607, held that: “The authorized representative making agreement during assessment proceedings is binding on the assessee -copy of order sheet placed on this files” d. The Punjab & Haryana High Court in the case of Kanshi Ram Wadhwa 138 ITR 830 where in held that: “Had the assessee not consented to have an agreed order of assessment, the ITO would have perhaps held an enquiry for determining his actual income for that year. The assessee having derived the benefit of an agreed order cannot be allowed to turn round and urge that such an order was incorrect or unwarranted.” e. ITAT Amrits…

M/S LAXMINARAYAN COTTON COMPANY ,RAICHUR vs. THE INCOME TAX OFFICER WARD-2 , RAICHUR

In the result, the appeal of the assessee is dismissed

ITA 184/BANG/2018[2013-14]Status: DisposedITAT Bangalore23 Feb 2018AY 2013-14

Bench: Shri A.K.Garodia, Accounant Member

For Appellant: NoneFor Respondent: Dr. Shankar Prasad, JDIT (DR)

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘SMC-A’, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA No.184(Bang) 2018 (Assessment year : 2013 – 14) M/s. Laxminarayan Cotton Company, #7-5-150, Dutt Krupa, Jawahar Nagar, Raichur - 584103 PAN. AAAFL8171B Appellant Vs The Income Tax Officer, Ward – 2, Raichur. Respondent Assessee by : None Revenue by : Dr. Shankar Prasad, JDIT (DR) Date of hearing : 21-02-2018 Date of pronouncement : 23-02-2018 O R D E R PER A. K. GARODIA, A.M.: This appeal is filed by the assessee which is directed against the order of CIT (A) – Gulbarga dated 28.09.20…

SENCO GOLD LTD.,KOLKATA vs. DCIT, CIRCLE - 11, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1862/KOL/2014[2008-2009]Status: DisposedITAT Kolkata03 Nov 2017AY 2008-2009

Bench: The Cit-A The Assessee Contended That The Said Liability Was Never Allowed As Deduction In Earlier Years. The Assessee Has Also Not Claimed Any Benefit By Way Of Remission Or Cessation Of The 1 Said Liability & Challenged The Said Addition Made By The Ao U/S. 41(1) Of The Act & Prayed To Delete The Same. But, However, The Cit-A Did Not Accept The Submissions Made By The Ao & Confirmed The Addition Made By The Ao. Relevant Portion Of Cit-A Order Is Reproduced Herein Below:-

For Appellant: Shri Sharad Mohta, FCA, ld.ARFor Respondent: Shri Satyajit Mondal, Addl.CIT, ld.Sr.DR

Section 41(1)

…e liabilities subsisted during the financial year relevant for the present assessment year either during assessment proceedings, or at this stage. Now, it is well settled that agreed assessment cannot be complained against. In Kanshi Ram Wadhwa v. CIT [ 1982] 138 ITR 830 (Punj & Har.), it has been held that an assessee who has derived the benefit of an agreed order cannot be allowed to turn around and urge that such an order was incorrect or unwarranted. On the facts and in the circumstances of the case, I am of the considered view that the Assessing Officer was justified in making the impugned addition of the am…