Narayan Tatu Rane v. ITO

70 Taxmann.com 227Income Tax Appellate Tribunal2016#407 most cited

What is Narayan Tatu Rane v. ITO authority for?

Before revising an assessment order under Section 263, the CIT/PCIT must conduct their own inquiries or verifications to establish that the Assessing Officer's order is erroneous and unsustainable in law, rather than merely directing further inquiry or pointing out the AO's lack of inquiry.

220

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2026.

Also referred to as

Narayan Tatu Rane v. ITO · Section 263 · revisional powers · PCIT · erroneous and prejudicial · inadequate enquiry by AO · Commissioner's own inquiry · assessment order unsustainable · Malabar Industrial · Section 143(3)

Issues it is cited on

Judgments citing Narayan Tatu Rane v. ITO

J.R.D Tata Trust, Mumbai vs. CIT (E), Mumbai

In the result, appeal is allowed

ITA 3739/MUM/2019[2009-10]Status: DisposedITAT Mumbai01 Jul 2021AY 2009-10

Bench: Shri Pramod Kumar, Vice- & Shri Vikas Awasthyआअसं. 3739/मुं/2019 ("न. व. 2009-10 ) J R D Tata Trust, Bombay House, 24, Homi Mody Street, Fort, Mumbai 400 001 Pan: Aaatt-0165-F ...... अपीलाथ" /Appellant बनाम Vs. The Commissioner Of Income Tax(Exemptions), 6Th Floor, Piramal Chambers, Lalbaug, Parel, Mumbai 400 012. ..... ""तवाद"/Respondent Appellant By : Shri Percy Pardiwalla, Sr.Advocate With Shri Madhur Aggrawal, Advocate Respondent By : Shri Prabhat Kumar Gupta(Dr)

For Appellant: Shri Percy Pardiwalla, Sr.Advocate with Shri Madhur Aggrawal, AdvocateFor Respondent: Shri Prabhat Kumar Gupta(DR)
Section 143(3)Section 263

…आयकर अपील"य अ"धकरण मुंबई पीठ “ एफ”, मुंबई "ी "मोद कुमार, उपा"य" एवं "ी "वकास अव"थी, "या"यक सद"य के सम" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “ F”, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE-PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं. 3739/मुं/2019 ("न. व. 2009-10 ) J R D Tata Trust, Bombay House, 24, Homi Mody Street, Fort, Mumbai 400 001 PAN: AAATT-0165-F ...... अपीलाथ" /Appellant बनाम Vs. The Commissioner of Income Tax(Exemptions), 6th Floor, Piramal Chambers, Lalbaug, Parel, Mumbai 400 012. ..... ""तवाद"/Respondent Appellant by : Shri Percy Pardiwalla, Sr.Advocate with Shri Madhur Aggrawal,…

Shree Cement Limited, Beawar vs. Pr.CIT, Udaipur

In the result, the appeal of the assessee is allowed

ITA 4/JPR/2021[2014-15]Status: DisposedITAT Jaipur23 Jun 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 04/Jp/2021 Assessment Year: 2014-15 Shree Cement Limited, Cuke Pr.Cit, Vs. Bangur Nagar, Post Box No. 33, Udaipur. Beawar. Pan No.: Aaccs 8796 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Dilip Desai (Ca) Shri Vijay Shah (Ca) Shri Mohit Choudhary (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 01/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 23/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Pcit, Udaipur Dated 03.02.2021 Passed U/S 263 Of The Income Tax Act, 1961 (In Short The Act) For The Assessment Year 2014-15. The Grounds Of Appeal Taken By The Assessee Are As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax – Udaipur, (Here- In- After Referred To As Ld. Pr. Cit) Was Not Justified In Initiating Proceedings U/S 263 Of The Income Tax Act, 1961 Since The Order Passed By The Assessing Officer (A.O.) Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue.

For Appellant: Shri Dilip Desai (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 263

…iple 4 – CIT cannot set aside the issue to AO without pointing out specific unsustainability in the claims allowed by A.O. and without conducting enquiry on his own and giving a specific finding about the same. Refer – (1) Narayan Tatu Rane –vs.- ITO (2016) 70 Taxmann.com 227 (Mum Trb): Held that CIT, before holding an order to be erroneous, should have conducted necessary enquiries or verification in order to show that the finding given by the assessing officer is erroneous and should have shown that the view taken by the AO is unsustainable in law. In the instant case, CIT has failed to do so and has simply e…

Mr. Abhisar Sharma, Noida vs. DCIT, New Delhi

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

ITA 3285/DEL/2015[2005-06]Status: DisposedITAT Delhi27 Jan 2021AY 2005-06

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2005-06 Mr. Abhisar Sharma, Vs Dcit, B-602, Plot No.F-2, Circle-64(1), The Crescent, B-Block, Room No.314, Sector-50, Pratyakshkar Bhawan, Noida. Civic Centre, New Delhi. Pan: Aigps3840N (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Lalit Mohan, Ca Revenue By : Shri J.K. Mishra, Cit-Dr. Date Of Hearing : 12.01.2021 Date Of Pronouncement : 27.01.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30Th March, 2015 Passed U/S 263 Of The It Act By The Pcit-22, Delhi, Relating To Assessment Year 2005-06. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 22Nd July, 2005 Declaring Income Of Rs.9,00,355/-. The Assessee In The Return Of Income Had Declared Income From Salary At Rs.9,81,964/- & Loss From House Property At Rs.81,609/-. The Return Was Processed U/S 143(1) Of The Act On 4Th July, 2006 At The Same Income. Subsequently, The Case Of The Assessee Was Reopened By Issue Of Notice U/S 148 Of The Act Dated 27Th March, 2012 After Obtaining Prior Approval Of The Addl. Cit, Range-7, New Delhi, Vide His Letter No.526 Dated 27Th March, 2012. The Ao Completed The Assessment U/S 147/143(3) On 28Th March, 2013, Determining The Income Of The Assessee At Rs.11,03,270/- As Against The Returned Income Of Rs.9,00,355/- Wherein He Made The Following Additions:-

For Appellant: Shri Gautam Jain, Advocate &For Respondent: Shri J.K. Mishra, CIT-DR
Section 127Section 143(1)Section 147Section 148Section 17Section 17(2)Section 263Section 68Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : D : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2005-06 Mr. Abhisar Sharma, Vs DCIT, B-602, Plot No.F-2, Circle-64(1), The Crescent, B-Block, Room No.314, Sector-50, Pratyakshkar Bhawan, Noida. Civic Centre, New Delhi. PAN: AIGPS3840N (Appellant) (Respondent) Assessee by : Shri Gautam Jain, Advocate & Shri Lalit Mohan, CA Revenue by : Shri J.K. Mishra, CIT-DR. Date of Hearing : 12.01.2021 Date of Pronouncement : 27.01.2021 ORDER PER R.K. PANDA, AM: This appeal filed by the assessee is directed aga…