Orient News Prints Ltd. v. Deputy Commissioner of Income Tax

393 ITR 527High Court2007#9044 most cited

What is Orient News Prints Ltd. v. Deputy Commissioner of Income Tax authority for?

Reopening an assessment based on a mere change of opinion by the Assessing Officer is impermissible, especially when the officer was previously satisfied with the assessee's explanations and evidence during a scrutiny assessment.

12

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2020 to 2022.

Also referred to as

Orient News Prints Ltd. v. DCIT · reassessment · change of opinion · Section 143(3) · scrutiny assessment · Section 147 · income tax assessment · reopening assessment · Gujarat High Court · Assessing Officer · share application money

Judgments citing Orient News Prints Ltd. v. Deputy Commissioner of Income Tax

ACIT, Central Circle-19, New Delhi vs. M/S K.R. Pulp & Papers Ltd, New Delhi

In the result, the appeal of the Revenue is

ITA 5064/DEL/2017[2009-10]Status: DisposedITAT Delhi31 Mar 2022AY 2009-10

Bench: Shri R.K. Panda & Shri N.K. Choudhry

For Appellant: Ms. Monika Aggarwal, AdvocateFor Respondent: Smt. Sunita Singh, CIT-DR
Section 132Section 143(3)Section 147Section 80I

…live or proximate link with the assessee’s suspected/concealed income or nondisclosure of a material fact. Precisely that kind of live link is absent in the facts of this case.” 27.15 Further Gujarat High Court in the case of Orient News Prints Ltd. v. DCIT 393 ITR 527 has held as under: “Similar information of material / details were supplied by the assessee with respect to the share application money. It appears that thereafter the learned Assessing Officer having satisfied with the genuineness with respect to the increase in the share capital as well as share application money and also with respect to the i…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 30/CHANDI/2020[2016-17]Status: DisposedITAT Chandigarh27 May 2021AY 2016-17
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

M/S Manav Mangal Society, Chandigarh vs. DCIT, C-1, (E), Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 3/CHANDI/2020[2011-12]Status: DisposedITAT Chandigarh27 May 2021AY 2011-12
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 29/CHANDI/2020[2015-16]Status: DisposedITAT Chandigarh27 May 2021AY 2015-16
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 28/CHANDI/2020[2014-15]Status: DisposedITAT Chandigarh27 May 2021AY 2014-15
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

DCIT, Circle-1(Exemption), Chandigarh vs. M/S Manav Mangal School( Manav Mangal Society), Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 27/CHANDI/2020[2013-14]Status: DisposedITAT Chandigarh27 May 2021AY 2013-14
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

M/S Manav Mangal Society, Chandigarh vs. DCIT, C-1, (E), Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 2/CHANDI/2020[2010-11]Status: DisposedITAT Chandigarh27 May 2021AY 2010-11
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 137/CHANDI/2020[2011-12]Status: DisposedITAT Chandigarh27 May 2021AY 2011-12
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 136/CHANDI/2020[2010-11]Status: DisposedITAT Chandigarh27 May 2021AY 2010-11
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…t Proceedings are thus a result of change of opinion which is not permissible in law. Reference may be made to the following judgments:- a) CIT Vs. Kalvinator of India Ltd. 320 ITR 561. b). Orient News Prints Ltd. V/s Deputy Commissioner of Income Tax [2007] 393 ITR 527 - GUJ-HC ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) 13. Besides that, we rely on the following judgments on the same issue- a) BBF Industries vs JCIT of Income Tax (OSD) in ITA No. 1162/Chd/2012 Chandigarh Bench, {Pages 1-51, Relevant page 12-13 of judgment set) b) Gujarat Lease Financing Ltd. V/s Deputy Commissioner of Inco…

ITO 15 (2)(2), Mumbai vs. M/S Limbo Engineering P Ltd., Mumbai

In the result the all the three appeals of the revenue are dismissed

ITA 7277/MUM/2019[2013-14]Status: DisposedITAT Mumbai29 Oct 2020AY 2013-14

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year : 2011-12

For Appellant: Shri Neel Khandelwal &For Respondent: Dr Rajeev Harit&Shri J. Micheal, D.R
Section 143(1)Section 143(3)Section 147Section 148Section 148(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER Assessment Year : 2011-12 Income Tax Officer- M/s. Limbo Engineering 15(2)(1), P. Ltd., Room No.357, B-60/B, Stations Plaza, 3rd Flr, Vs. Station Road, Aayakar Bhavan, Bhandup (W), M.K. Road, Mumbai – 400 078 Marine Lines, PAN: AABCL 9224B Mumbai - 400020 (Appellant) (Respondent) ITA Nos.7276 & 7277/M/2019 Assessment Years: 2012-13 & 2013-14 Income Tax Officer- M/s. Limbo Engineering 15(2)(2), P. Ltd., R.No.15B, Gr. Flr, B-60/B, Stations Plaza, Vs. Aayakar Bhavan,…

DCIT Central Circle-7(4), Mumbai vs. M/S Wellknown Polysters Ltd., Mumbai

In the result the all the three appeals of the revenue are dismissed

ITA 1388/MUM/2019[2014-15]Status: DisposedITAT Mumbai29 Oct 2020AY 2014-15

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year : 2011-12

For Appellant: Shri Neel Khandelwal &For Respondent: Dr Rajeev Harit&Shri J. Micheal, D.R
Section 143(1)Section 143(3)Section 147Section 148Section 148(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER Assessment Year : 2011-12 Income Tax Officer- M/s. Limbo Engineering 15(2)(1), P. Ltd., Room No.357, B-60/B, Stations Plaza, 3rd Flr, Vs. Station Road, Aayakar Bhavan, Bhandup (W), M.K. Road, Mumbai – 400 078 Marine Lines, PAN: AABCL 9224B Mumbai - 400020 (Appellant) (Respondent) ITA Nos.7276 & 7277/M/2019 Assessment Years: 2012-13 & 2013-14 Income Tax Officer- M/s. Limbo Engineering 15(2)(2), P. Ltd., R.No.15B, Gr. Flr, B-60/B, Stations Plaza, Vs. Aayakar Bhavan,…

ITO 15 (2)(2), Mumbai vs. M/S Limbo Engineering P Ltd., Mumbai

In the result the all the three appeals of the revenue are dismissed

ITA 7276/MUM/2019[2012-13]Status: DisposedITAT Mumbai29 Oct 2020AY 2012-13

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year : 2011-12

For Appellant: Shri Neel Khandelwal &For Respondent: Dr Rajeev Harit&Shri J. Micheal, D.R
Section 143(1)Section 143(3)Section 147Section 148Section 148(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER Assessment Year : 2011-12 Income Tax Officer- M/s. Limbo Engineering 15(2)(1), P. Ltd., Room No.357, B-60/B, Stations Plaza, 3rd Flr, Vs. Station Road, Aayakar Bhavan, Bhandup (W), M.K. Road, Mumbai – 400 078 Marine Lines, PAN: AABCL 9224B Mumbai - 400020 (Appellant) (Respondent) ITA Nos.7276 & 7277/M/2019 Assessment Years: 2012-13 & 2013-14 Income Tax Officer- M/s. Limbo Engineering 15(2)(2), P. Ltd., R.No.15B, Gr. Flr, B-60/B, Stations Plaza, Vs. Aayakar Bhavan,…

Orient News Prints Ltd. v. Deputy Commissioner of Income Tax (393 ITR 527) — Cited in 12 Judgments | BharatTax