Mahindra and Mahindra Ltd. v. DCIT

30 SOT 374Income Tax Appellate Tribunal2009#462 most cited

What is Mahindra and Mahindra Ltd. v. DCIT authority for?

The Commissioner of Income Tax (Appeals) cannot expand the scope of an assessment or improve the Assessing Officer's case in a manner that usurps the revisional power of the Commissioner of Income Tax under Section 263 of the Income-tax Act.

201

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Mahindra & Mahindra Ltd. v. DCIT · CIT(A) powers · Section 263 · revisional power · scope of appeal · usurpation of power · Assessing Officer's case · ITAT Special Bench · Section 250 · Commissioner (Appeals)

Also reported as

313 ITR 263122 ITD 216122 TTJ 577117 Taxmann.com 578

Issues it is cited on

Judgments citing Mahindra and Mahindra Ltd. v. DCIT

Modi Entertainment Ltd vs. DCIT Circle 5 (1)

Appeal is allowed in above terms

ITA 3052/DEL/2007[2004-2005]Status: DisposedITAT Delhi10 Dec 2024AY 2004-2005

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 3052/Del/2007 : Asstt. Year : 2004-05 Modi Entertainment Ltd., Vs Income Tax Officer, 49, Community Centre, New Friends Ward-5(2), Colony, New Delhi- New Delhi (Appellant) (Respondent) Pan No. Aaacm8283G Assessee By : Sh. Rohit Jain, Adv. & Sh. Deepesh Jain, Adv. Revenue By : Ms. Baljeet Kaur, Cit-Dr Date Of Hearing: 03.12.2024 Date Of Pronouncement: 10.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2004-05, Arises Against The Order Of Cit(A)-Viii, New Delhi Dated 24.03.2007 In Case No. 143/06-07, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Rohit Jain, Adv. &For Respondent: Ms. Baljeet Kaur, CIT-DR
Section 143(3)Section 28Section 73

…reiterate here that there is no such addition made by both the learned lower authorities. 8 Modi Entertainment Ltd. Learned counsel at this stage also quotes (2009) 309 ITR 434 (SC) Mcorp Global Pvt. Ltd. Vs. CIT and Mahindra & Mahindra Ltd. Vs. DCIT (2009) 313 ITR 263 (Bom.) that the relevant assessment findings could not be revisited so as to add a new head upon in section 254 proceedings before the tribunal. We find merit in the assessee’s instant technical objection; and, more particularly, in light of the fact that the learned lower authorities have neither specified any actual non-compete fee paid by M/s…

Uttam Energy Limited, Pune vs. ACIT Circle-12, Pune

Appeal of the Assessee is partly allowed

ITA 2033/PUN/2019[2015-16]Status: DisposedITAT Pune30 May 2024AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2033/Pun/2019 िनधा"रण वष" / Assessment Year: 2015-16 Uttam Energy Limited, The Acit, Circle-12, Mahendra Chamber, Mayfair V Pune. Co-Op Housing Society, S A-4, Dhole Patil Road, Pune – 411001. Pan: Aabcu4100H Appellant/ Revenue Respondent /Assessee Assessee By Shri Ch Naniwadekar & Kiran Sanmane – Ar;S Revenue By Shri Deepak Garg – Cit Date Of Hearing 16/05/2024 Date Of Pronouncement 30/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Has Been Filed By The Assessee Against The Final Assessment Order Of The Learned Acit, Circle-12, Pune Passed U/Sec. 143(3) R.W.S. 144C(13) Of The Of The Income Tax Act, 1961 (In Short "The Act") After Giving Effect To The Learned Drp’S Order Dated 24.09.2019. 1.1 The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(3)Section 153Section 153(1)Section 40A(2)(b)Section 92BSection 92C

…/s.40A(2)(b) of the Act. Once the AO has not invoked the relevant provisions of the Act in the assessment order the Ld.CIT(DR) cannot improve the Assessment Order at this stage. The Special Bench of ITAT Mumbai in the case of Mahindra & Mahindra vs DCIT[2010] 122 ITD 216 held as under : “In our considered opinion the learned Departmental Representative has no jurisdiction to go beyond the order passed by the Assessing Officer. He cannot raise any point different from that considered by the Assessing Officer or CIT(A). His scope of arguments is confined to supporting or defending the impugned order. He cannot set…