Oriental Bank of Commerce v. Addl. CIT

49 Taxmann.com 485High Court2014#4934 most cited

What is Oriental Bank of Commerce v. Addl. CIT authority for?

If an Assessing Officer reopens an assessment based on specific reasons but makes no additions related to those reasons, the AO cannot then make additions based on entirely different grounds not initially recorded. Such a reassessment order is unsustainable and liable to be quashed.

24

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2025.

Also referred to as

Oriental Bank of Commerce v. Addl. CIT · Section 148 · reopening of assessment · reasons recorded · scope of reassessment · addition on other grounds · unsustainable reassessment

Sections most often in play

Section 133(6)Section 142(1)Section 143(2)Section 148Section 151Section 48
Read the full judgment

Issues it is cited on

explanation to section 37prohibited by lawbogus ltcginterest u/s 234bpenny stockreason to believereopening of assessmentsection 234breassessment proceedingssection 37(1)section 37notice under section 148

Judgments citing Oriental Bank of Commerce v. Addl. CIT

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…

Torm Shipping India P.Ltd ( Formerly Known As Orinoco Marine Consultancy India P.Ltd), Mumbai vs. DCIT RG 3(3), Mumbai

In the result, appeal for A

ITA 1272/MUM/2013[2006-07]Status: DisposedITAT Mumbai14 Oct 2016AY 2006-07

Bench: Shri Joginder Singh () & Shri Ashwani Taneja ()

Section 143(2)Section 143(3)Section 147Section 40A(2)(b)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “E”, MUMBAI BEFORE SHRI JOGINDER SINGH (JUDICIAL MEMBER) AND SHRI ASHWANI TANEJA (ACCOUNTANT MEMBER) I.T.A. No.1272 & 1273/Mum/2013 (Assessment Years: 2006-07 & 2007-08) Torm Shipping India Pvt Ltd vs ITO, 93)(4), Mumbai (formerly known as Orinoco Marine Consultancy India Pvt Ltd) II Floor, Leela Business Park Andheri Kurla Road,Andheri (E), Mumbai 400 059 PAN : AACO1884D (Assessee) (Respondent) Assessee by Shri Girish Dave Respondent by Shri Mallikarjun Utture Date of hearing : 10-10-2016 Date of pronouncement : 14 -10-2016 O R D E R Per ASHWANI TANEJA,…