Malabar Industrial Co. v. CIT

198 ITR 611High Court1992#2700 most cited

What is Malabar Industrial Co. v. CIT authority for?

An assessment order passed by the Assessing Officer without proper application of mind is erroneous and prejudicial to the interests of the Revenue, rendering it subject to revision under Section 263. A failure by the Assessing Officer to make due inquiry where circumstances call for it is a manifestation of such non-application of mind.

43

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2024.

Also referred to as

Malabar Industrial Co. v. CIT · 198 ITR 611 · Section 263 · Section 263(1) · revision of assessment · erroneous and prejudicial · non-application of mind · lack of enquiry · failure to inquire · Assessing Officer investigator · Kerala High Court

Issues it is cited on

section 263(1)lack of enquirymalabar industrialnon-application of minderroneous and prejudicialsection 263section 26speaking ordersection 143section 142(1)persontransfer

Judgments citing Malabar Industrial Co. v. CIT

Yashwant Kanoria, Kolkata vs. ITO, Ward 32(2)/ Kolkata, Kolkata

In the result, the appeal filed by the assessee is dismissed

ITA 35/KOL/2017[2012-13]Status: DisposedITAT Kolkata13 Dec 2017AY 2012-13

Bench: : Shri P.M. Jagtap & Shri S.S.Viswanethra Ravi

For Appellant: Shri K.M.Roy, FCA, ld.ARFor Respondent: Md. Usman,CIT, ld.DR
Section 154Section 263Section 54B

…above position of the law has been reiterated by the Hon 'ble Supreme Court in various decisions including that of Rampyari Devi Saraogi Vs. CIT (1968) 67 ITR 84 (SC), Tara Devi Agarwal vs. CIT (1973) 88 ITR 323 (SC), Malabar Industries Co.Ltd vs. CIT (1991) 198 ITR 611 (Kerala) which was affirmed by Supreme Court in 243 ITR 83. 6. I have carefully considered the submission made on behalf of the assessee and perused the material on record. The supporting evidences have also been examined. After having considered the position of law and facts and circumstances of the instant case, the assessment order passed by t…

Ramnath Jhunjhunwala, Kolkata vs. ITO, Ward 40(1), Kolkata

In the result, assessee’s appeal stands allowed

ITA 1019/KOL/2017[2012-13]Status: DisposedITAT Kolkata26 Oct 2017AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year:2012-13

Section 143(3)Section 194ASection 263Section 40Section 44A

…f the revenue must be held to be erroneous though the converse may not always be true. 8. Hon'ble Supreme Court in the case of Malabar Industrial Co. (P) Ltd. Vs. CIT reported in (2000) 243 ITR 83, 87 -88(SC) affirming the Hon 'ble Kerala High Court decision (198 ITR 611) has held that the phrase "prejudicial to the interests of the revenue" is of wide import and is not confined to only loss of taxes. If the AO has ITA No.1019/Kol/2017 A.Y. 2012-13 Ramnath Jhunjhunwala vs. ITO Wd-40(1) Kol. Page 4 accepted the claim of the assessee without any enquiries then such assessment order passed by the AO was held to be e…

Sesec, Eco. Railway Employees Co Operative Credit Society Ltd., Kolkata vs. PCIT-10, Kolkata

In the result, the appeal filed by the assessee on this ground, is dismissed

ITA 621/KOL/2016[2011-2012]Status: DisposedITAT Kolkata28 Sept 2016AY 2011-2012

Bench: Hon’Ble Shri S.S.Viswanethra Ravi, Jm & Dr.Arjun Lal Saini, Am ] Assessment Year : 2011-12

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Rajat Subhra Biswas, CIT
Section 143(3)Section 154Section 263Section 80PSection 80P(2)(a)

…above position of the law has been reiterated by the Hon'ble Supreme Court in various decisions including that of Rampyari Devi Saraogi Vs. CIT (1968) 67 ITR 84 (SC), Tara Devi Agarwal vs. CIT( 1973) 88 ITR 323 (SC), Malabar Industries Co. Ltd vs. CIT (1991) 198 ITR 611 (Kerala) which was affirmed by Supreme Court in 243 ITR 83. 7. Now we move on to each issue to see whether the A.O. has diligently enquired and examined them. 3 S.E.S.E.C.,E.Co.Railway Employees Co-op.Credit Society Ltd. A..Y.2011-12 7.1 The first issue involved is whether the interest income on bank interest to the tune of Rs.40,87,926/- is de…