Oriental Bank of Commerce v. Additional Commissioner of Income-tax

272 CTR 56High Court2014#9846 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 143(3)Section 147Section 148Section 250Section 68

Issues it is cited on

section 55(2)section 139(9)section 49fresh tangible materialsection 55going concernvaluation of sharesfull value of considerationtransfer of capital assetindexed cost of acquisitiondate of transfersection 48

Judgments citing Oriental Bank of Commerce v. Additional Commissioner of Income-tax

GIAN GUPTA,NEW DELHI vs. ACIT, CIRCLE- 33(1), NEW DELHI, NEW DELHI

In the result, this appeal is allowed

ITA 1307/DEL/2024[2011-12]Status: DisposedITAT Delhi17 Dec 2025AY 2011-12

Bench: Shrimahavir Singh, Hon’Ble & Shrisanjay Awasthiआ.अ.सं/.I.T.A No.1307/Del/2024 िनधा"रणवष"/Assessment Year: 2011-12 बनाम Gian Gupta, Acit, Kh. No. 389/2/2-415, Vs. Circle 33(1), Civic Centre, Ford Service Centre, Nh-8, Rangpuri, Minto Road, New Delhi. New Delhi. Pan No.Aaapg7797G अपीलाथ" Appellant ""यथ"/Respondent

Section 143(3)Section 147Section 148Section 250Section 68

…AO had travelled far beyond the scope of reasons recorded prior to issue of notice u/s 148 of the Act and in so doing he had violated the principles laid down in the case of Jet Airways reported in 331 ITR 236 (Bom.), Oriental Bank of commerce reported in 272 CTR 56 (Del), and the case of Ranbaxy Laboratories reported in 336 ITR 136 (Del). 5 2.1 Per contra, the Ld. DR relied on the orders of the authorities below. 3. We have carefully considered the rival submissions and have gone through the records before us. Right at the outset, it deserves to be mentioned that in this case the Ld. AO’s action are leg…

ACIT, JAMMU vs. SH VIKRAMADITYA SINGH, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 269/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…hri Ram Singh [2008] 306 ITR 343 (Raj.) v. CIT vs Devendra Gupta reported in 174 Taxman 438 (Raj) vi. Commissioner of Income-tax v. Software Consultants [2012] 341 ITR 240 (DELHI) vii. Oriental Bank of Commerce v. Additional Commissioner of Income-tax [2014] 272 CTR 56 (Delhi) viii. Commissioner of Income-tax v. Mohmed Juned Dadani[2014] 355 ITR 172 (Gujarat) 40.1 So far as the argument of the Ld. Special Counsel for the Revenue that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT 120111 336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Ja…

ACIT, CIR-II, JAMMU vs. SMT. YASHORAJYA LAXMI, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 268/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…hri Ram Singh [2008] 306 ITR 343 (Raj.) v. CIT vs Devendra Gupta reported in 174 Taxman 438 (Raj) vi. Commissioner of Income-tax v. Software Consultants [2012] 341 ITR 240 (DELHI) vii. Oriental Bank of Commerce v. Additional Commissioner of Income-tax [2014] 272 CTR 56 (Delhi) viii. Commissioner of Income-tax v. Mohmed Juned Dadani[2014] 355 ITR 172 (Gujarat) 40.1 So far as the argument of the Ld. Special Counsel for the Revenue that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT 120111 336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Ja…

ACIT, JAMMU vs. DR KARAN SINGH, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 267/ASR/2007[1998-99\u005cu005cu005cu005cu005cu005cu005cu005c]Status: DisposedITAT Delhi24 Jan 2022

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…hri Ram Singh [2008] 306 ITR 343 (Raj.) v. CIT vs Devendra Gupta reported in 174 Taxman 438 (Raj) vi. Commissioner of Income-tax v. Software Consultants [2012] 341 ITR 240 (DELHI) vii. Oriental Bank of Commerce v. Additional Commissioner of Income-tax [2014] 272 CTR 56 (Delhi) viii. Commissioner of Income-tax v. Mohmed Juned Dadani[2014] 355 ITR 172 (Gujarat) 40.1 So far as the argument of the Ld. Special Counsel for the Revenue that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT 120111 336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Ja…

ACIT, JAMMU vs. SH M.K. AJAT SHATRU, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 263/ASR/2003[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…hri Ram Singh [2008] 306 ITR 343 (Raj.) v. CIT vs Devendra Gupta reported in 174 Taxman 438 (Raj) vi. Commissioner of Income-tax v. Software Consultants [2012] 341 ITR 240 (DELHI) vii. Oriental Bank of Commerce v. Additional Commissioner of Income-tax [2014] 272 CTR 56 (Delhi) viii. Commissioner of Income-tax v. Mohmed Juned Dadani[2014] 355 ITR 172 (Gujarat) 40.1 So far as the argument of the Ld. Special Counsel for the Revenue that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT 120111 336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Ja…

ARIHANT TECHNOLOGY PVT LTD,NEW DELHI vs. PR. CIT, NEW DELHI

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

ITA 5473/DEL/2019[2009-10]Status: DisposedITAT Delhi03 Mar 2020AY 2009-10

Bench: Sh. R. K. Panda & Sh. K. N. Charyassessment Year: 2009-10 Arihant Technology Pvt. Ltd. Vs. Pr. Cit Wz-284B, Lane-11, Lajwanti New Delhi Garden, New Delhi Pan No. Aadca6471D (Appellant) (Respondent)

Section 131Section 133Section 142Section 148Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER AND SH. K. N. CHARY, JUDICIAL MEMBER Assessment Year: 2009-10 Arihant Technology Pvt. Ltd. Vs. Pr. CIT WZ-284B, Lane-11, Lajwanti New Delhi Garden, New Delhi PAN No. AADCA6471D (APPELLANT) (RESPONDENT) Appellant by Sh. Ranjan Chopra, Advocate Respondent by Sh. S. S. Rana, CIT DR Date of hearing: 17/12/2019 Date of Pronouncement: 03/03/2020 ORDER PER R.K PANDA, AM: This appeal filed by the assessee is directed against the order dated 22.03.2019 passed u/s.263 of the IT Act for the A.Y.2009-10. 2. Facts…

HARISH MITTAL,FARIDABAD vs. ITO, WARD-1(3), FARIDABAD

In the result, the Appeal filed by the Assessee stands allowed

ITA 5313/DEL/2018[2008-09]Status: DisposedITAT Delhi05 Feb 2019AY 2008-09

Bench: Shri H.S. Sidhuassessment Year: 2008-09

For Appellant: SH. R.K. MALHOTRA, ADVOCATEFor Respondent: SH. S.L. ANURAGI, SR. DR
Section 127(1)Section 147Section 234A

…e, where Assessing Officer had not made any addition in respect of escaped income for which he had recorded reasons, assessment order was liable to be cancelled. Oriental Bank of Commerce v. Addl. CIT (2014) 49 Taxmann 485 I (2015) 228 Taxmann 25 / (2014) 272 CTR 56 (DELHI) In this case no additions were made in respect of grounds assigned for reopening / assessment, it was not open to Assessing Officer to independently assess some other income. Held that from the review of case laws it was evident that if no additions were made in respect of the said reasons, it was not open to the Assessing Officer to m…

M/S PROSPEROUS BUILDCON PVT. LTD.,,NEW DELHI vs. PR.CIT, NEW DELHI

The appeal of the assessee is allowed

ITA 2648/DEL/2016[2006-07]Status: DisposedITAT Delhi01 Nov 2017AY 2006-07

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishiassessment Year : 2006-07 Prosperous Buildcon Pvt. Ltd., Vs Pr. Cit, 17-B, Mgf House, Delhi-7, Asaf Ali Road, New Delhi. New Delhi. (Pan: Aadcp4389H) (Appellant) (Respondent) Appellant By : S/Shri Ajay Vohra, Sr. Adv., Gaurav Jain, Adv. Respondent By : Smt. Pramita Tripathy, Cit Dr

For Appellant: S/Shri Ajay Vohra, Sr. Adv., Gaurav Jain, AdvFor Respondent: Smt. Pramita Tripathy, CIT DR
Section 143Section 147Section 148Section 263Section 40ASection 40A(3)

…r which the reasons were recorded, then in view of the two judgments, as aforesaid, no other issue could be examined by the AO. Similar view was held by the Hon’ble reported in 387 ITR 416 (Delhi), Oriental Bank of Commerce versus Additional CIT reported in 272 CTR 56 (Delhi) and CIT versus Cheil Communications India Private Limited reported in 354 ITR 549 (Delhi). 5.3 Thus, we are of the considered opinion the Ld. Pr. CIT could not have sought to revise an order passed under section 147 read with 143 (3) of the Act on an issue which was not a subject matter of the reassessment proceedings under section 147 i…

LAMBA BRICKS PVT. LTD.,BHIWANI vs. ACIT, BHIWANI

In the result appeal of assessee is allowed

ITA 708/DEL/2017[2011-12]Status: DisposedITAT Delhi07 Jun 2017AY 2011-12

Bench: Shri Bhavnesh Saini

For Appellant: Shri N.K. Jain, AdvocateFor Respondent: Ms.Bedobani, Sr. DR
Section 133ASection 139Section 143Section 143(1)Section 147Section 148Section 68

…should be necessarily issued. He has relied upon decision of Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd. 239 CTR 183 and Lamba Bricks Pvt. Ltd. vs. ACIT decision of Delhi High Court in the case of Oriental Bank of Commerce vs. Addl. CIT 272 CTR 56. He has therefore submitted that reassessment proceedings may be quashed. On the other hand, Ld. DR relied upon orders of the authorities below and submitted that reassessment proceedings were initiated after survey was conducted in the premises of the assessee where no books of accounts were found and produced. The objections of the assessee ag…

LAMBA BRICKS PVT. LTD.,BHIWANI vs. ACIT, BHIWANI

In the result appeal of assessee is allowed

ITA 707/DEL/2017[2010-11]Status: DisposedITAT Delhi07 Jun 2017AY 2010-11

Bench: Shri Bhavnesh Saini

For Appellant: Shri N.K. Jain, AdvocateFor Respondent: Ms.Bedobani, Sr. DR
Section 133ASection 139Section 143Section 143(1)Section 147Section 148Section 68

…should be necessarily issued. He has relied upon decision of Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd. 239 CTR 183 and Lamba Bricks Pvt. Ltd. vs. ACIT decision of Delhi High Court in the case of Oriental Bank of Commerce vs. Addl. CIT 272 CTR 56. He has therefore submitted that reassessment proceedings may be quashed. On the other hand, Ld. DR relied upon orders of the authorities below and submitted that reassessment proceedings were initiated after survey was conducted in the premises of the assessee where no books of accounts were found and produced. The objections of the assessee ag…

LAMBA BRICKS PVT. LTD.,BHIWANI vs. ACIT, BHIWANI

In the result appeal of assessee is allowed

ITA 706/DEL/2017[2009-10]Status: DisposedITAT Delhi07 Jun 2017AY 2009-10

Bench: Shri Bhavnesh Saini

For Appellant: Shri N.K. Jain, AdvocateFor Respondent: Ms.Bedobani, Sr. DR
Section 133ASection 139Section 143Section 143(1)Section 147Section 148Section 68

…should be necessarily issued. He has relied upon decision of Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd. 239 CTR 183 and Lamba Bricks Pvt. Ltd. vs. ACIT decision of Delhi High Court in the case of Oriental Bank of Commerce vs. Addl. CIT 272 CTR 56. He has therefore submitted that reassessment proceedings may be quashed. On the other hand, Ld. DR relied upon orders of the authorities below and submitted that reassessment proceedings were initiated after survey was conducted in the premises of the assessee where no books of accounts were found and produced. The objections of the assessee ag…