Middle East ltd. vs DCIT (2011) 339 ITR 169 (Uttrakhand), v. CIT v. Abhyudaya Builders (P

336 ITR 59High Court2011#3279 most cited

What is Middle East ltd. vs DCIT (2011) 339 ITR 169 (Uttrakhand), v. CIT v. Abhyudaya Builders (P authority for?

If an Assessing Officer issues a notice under section 148 to reassess income, but later determines that no income has escaped assessment based on the assessee's contentions, the officer cannot independently assess other income not originally forming the basis for the reassessment notice.

36

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Middle East Ltd vs DCIT · section 147 · section 148 · income escaping assessment · reassessment · Assessing Officer jurisdiction · AO exceeds jurisdiction

Issues it is cited on

Judgments citing Middle East ltd. vs DCIT (2011) 339 ITR 169 (Uttrakhand), v. CIT v. Abhyudaya Builders (P

VEENA DEVI,MUZAFFARPUR vs. PR.CIT-1, PATNA

In the result, appeal of the assessee is allowed

ITA 41/PAT/2021[2011-12]Status: DisposedITAT Patna06 Jun 2023AY 2011-12

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. No. 41/Pat/2021 Assessment Year: 2011-12 Veena Devi Pr. Cit, Patna-1 Vs Krishnapuri, Nh 28 Bhagwanpur Chowk Muzaffarpur - 842001 [Pan: Aoyps8291P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ashish Maskara, Advocate Revenue By : Smt. Rinku Singh, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 29/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 06/06/2023 आदेश/O R D E R Per, Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax, Patna-1, (Hereinafter The “Ld. Pr. Cit”) Dt. 23/03/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2011-12. 2. The Registry Has Pointed Out That There Is A Delay Of Eighteen (18) Days In Filing Of This Appeal In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Order Passed U/S 263 Of The It Act By The Ld Pcit, Patna Is Wrong, Illegal, Arbitrary & Against The Fact & Circumstances Of The Case.

For Appellant: Shri Ashish Maskara, AdvocateFor Respondent: Smt. Rinku Singh, CIT, D/R
Section 143(3)Section 147Section 148Section 250Section 263

…ila Education Society [2016] 378 ITR 520 (Patna HC) 2. CIT v Shri Ram Singh [2008] 306 ITR 343 (Raj HC) 3. Ranbaxy Laboratories Ltd. v CIT [2011] 336 ITR 136 (Delhi HC) 4. CIT v Jet Airways (1) Ltd [2011] 331 ITR 236 (Bom HC) 5. CIT v Dr Devendra Gupta [2011] 336 ITR 59 (Raj HC) 6. ACIT v Bharat Inftel Ltd [2015] 42 CCH 374 (Del Trib) 7. Martech Peripherals (P) Ltd v DCIT [2017] 81 taxmann.com 73 (Mad) 6. For that the other grounds, if any, may kindly be heard at the time of hearing.” 4. At the outset, the ld. Counsel for the assessee submitted that the impugned proceedings u/s 263 of the Act deserves to be quash…

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Middle East ltd. vs DCIT (2011) 339 ITR 169 (Uttrakhand), v. CIT v. Abhyudaya Builders (P (336 ITR 59) — Cited in 36 Judgments | BharatTax