Omaxe Ltd. v. ACIT

254 CTR 370High Court2012#9593 most cited

What is Omaxe Ltd. v. ACIT authority for?

Once an application is admitted by the Settlement Commission, it has exclusive jurisdiction over the assessee's case until a final order is passed, precluding the Assessing Officer and Commissioner (Appeals) from invoking reassessment provisions.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2025.

Also referred to as

Omaxe Ltd. v. ACIT · Settlement Commission · exclusive jurisdiction · admitted application · pending proceedings · Assessing Officer · Commissioner (Appeals) · section 147 · section 148

Sections most often in play

Section 131Section 132Section 142(1)Section 143(1)Section 153ASection 153CSection 153DSection 245F

Issues it is cited on

section 269stsection 43(3)section 163section 245csettlement applicationon money receiptsection 140income tax settlement commissionsection 245d(4)section 153b(1)section 245section 158bg

Judgments citing Omaxe Ltd. v. ACIT

Ashok Bharti Goswami, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1272/PUN/2024[2018-19]Status: DisposedITAT Pune14 Jul 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon’ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon’ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon’b…

Ashish Ramesh Oswal, Pune vs. ACIT, Central Circle 2(1), Pune

ITA 1271/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon'ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon'ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon'b…

Adish Shantilal Solanki, Pune vs. Assistant Commissioner of Income Tax, Central Circle-2(1), Pune

ITA 1270/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

Section 131Section 132Section 142(1)Section 143(1)Section 153C

…f such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon'ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon'ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon'bl…

Chitra Narendra Parmar, Pune vs. Assistant Commissioner of Income Tax, Central Circle-2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1269/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon’ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon’ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon’b…

Ramlal Bhikulal Shah, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1268/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon’ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon’ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon’b…

Deepak Kantilal Jain, Pune vs. ACIT, Central Circle 2(1), Pune

The appeal stands dismissed

ITA 1267/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

Section 131Section 132Section 142(1)Section 143(1)Section 153C

…f such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon'ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon'ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon'bl…

Deepak Kantilal Jain, Pune vs. ACIT, Central Circle 2(1), Pune

The appeal stands dismissed

ITA 1265/PUN/2024[2016-17]Status: DisposedITAT Pune14 Jul 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

Section 131Section 132Section 142(1)Section 143(1)Section 153C

…f such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon'ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon'ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon'bl…

Ramanlal Bhikulal Shah, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1264/PUN/2024[2016-17]Status: DisposedITAT Pune14 Jul 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon’ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon’ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon’b…

Chitra Narendra Parmar, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1262/PUN/2024[2016-17]Status: DisposedITAT Pune14 Jul 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…such proceedings, Assessing Officer and Commissioner (Appeals) erred in invoking provisions of section 147/148 against assessee for relevant assessment year. 20. Referring to the decision of Hon’ble Delhi High Court in the case of Omaxe Ltd. vs. ACIT (2012) 254 CTR 370 (Del), he submitted that the Hon’ble High Court in the said decision has held that once application is admitted by settlement commission, till final order, exclusive jurisdiction in relation to assessee's case would be with it and all matters which can be examined by Assessing Officer can be examined by it. 21. Referring to the decision of Hon’b…

DCIT, CC-4(4), Kolkata vs. M/S Mani Square Ltd., Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 1053/KOL/2015[2006-2007]Status: DisposedITAT Kolkata15 Nov 2017AY 2006-2007

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 144Section 147Section 148Section 245C(1)Section 245FSection 292BSection 68Section 69

…Mani Square Ltd., AY, 2006-07 आयकर अपील"य अधीकरण, "यायपीठ – “D” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH: KOLKATA (सम") "ी ऐ. ट". वक", "यायीक सद"य एवं डॉ. अजु"न लाल सैनी, लेखा सद"य) [Before Shri A. T. Varkey, JM & Dr. A. L. Saini, AM] I.T.A. No. 1052/Kol/2015 Assessment Year: 2006-07 Deputy Commissioner of Income-tax, Vs. M/s. Mani Square Ltd., (successor Central Circle-4(4), Kolkata company of M/s. Alex Merchants Pvt. Ltd. ) (PAN: AACCA2458B) Appellant Respondent & I.T.A. No. 1053/Kol/2015 Assessment Year: 2006-07 Deputy Commissioner of Income-tax, Vs. M/s. Mani Square Ltd. (successor Central…

DCIT, CC-4(4), Kolkata vs. M/S Mani Square Ltd., Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 1052/KOL/2015[2006-2007]Status: DisposedITAT Kolkata15 Nov 2017AY 2006-2007

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 144Section 147Section 148Section 245C(1)Section 245FSection 292BSection 68Section 69

…Mani Square Ltd., AY, 2006-07 आयकर अपील"य अधीकरण, "यायपीठ – “D” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH: KOLKATA (सम") "ी ऐ. ट". वक", "यायीक सद"य एवं डॉ. अजु"न लाल सैनी, लेखा सद"य) [Before Shri A. T. Varkey, JM & Dr. A. L. Saini, AM] I.T.A. No. 1052/Kol/2015 Assessment Year: 2006-07 Deputy Commissioner of Income-tax, Vs. M/s. Mani Square Ltd., (successor Central Circle-4(4), Kolkata company of M/s. Alex Merchants Pvt. Ltd. ) (PAN: AACCA2458B) Appellant Respondent & I.T.A. No. 1053/Kol/2015 Assessment Year: 2006-07 Deputy Commissioner of Income-tax, Vs. M/s. Mani Square Ltd. (successor Central…

Omaxe Ltd. v. ACIT (254 CTR 370) — Cited in 11 Judgments | BharatTax