Parashuram Pottery Works Co. Ltd. v. ITO

106 ITR 1Supreme Court of India1977#143 most cited

What is Parashuram Pottery Works Co. Ltd. v. ITO authority for?

The principle of finality dictates that stale issues should not be reactivated, and lapse of time brings repose to judicial and quasi-judicial controversies. A Commissioner cannot substitute their judgment for the Assessing Officer's unless the assessment order is legally erroneous, not merely less elaborate, thus limiting revisionary powers under Section 263.

486

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 1991 to 2026.

Also referred to as

Parashuram Pottery Works Co. Ltd. v. ITO · Parashuram Pottery · Section 263 · erroneous order · revision power · substitution of Commissioner's judgment · finality of assessment · stale issues · judicial precedent · 106 ITR 1

Sections most often in play

Section 143(3)Section 147Section 148Section 263Section 142(1)Section 151Section 69CSection 68
Read the full judgment

Issues it is cited on

section 10(31a)section 100section 76section 142(2c)section 153b(1)(b)section 150(1)section 153b(1)rectification under section 154section 144basection 33(4)section 206csection 158bc

Judgments citing Parashuram Pottery Works Co. Ltd. v. ITO

DCIT (Exemption), Circle-1, Banglore vs. Vyakti Vikas Kendra India, Ahmedabad

In the result revenue’s appeal is dismissed

ITA 805/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad03 Sept 2019AY 2012-13

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

For Appellant: Shri N. R. Soni, CIT-D.RFor Respondent: Shri S. N. Soparkar, Sr. Advocate
Section 11Section 129Section 12ASection 13(1)(d)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 2(15)Section 244A

…C) as well as the judgment ITA Nos.265, 805, 806 & 2344/Ahd/2018 DCIT vs. VyaktiVikas Kendra India Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15 passed by the Hon’ble Apex Court in the matter of Parashuram Pottery Works Ltd- vs-ITO, reported in (1977) 106 ITR 1(SC). 7.7 As we find that according to the Learned AO as per the amended provision not only direct activities in the nature of trade commerce or business would make the assessee’s activities outside the purview of charitable purpose, but also the activity of rendering any services in relation to any trade, commerce or business would make the activi…

DCIT (Exemption), Circle-1, Banglore vs. Vyakti Vikas Kendra India, Ahmedabad

In the result revenue’s appeal is dismissed

ITA 265/AHD/2018[2011-12]Status: DisposedITAT Ahmedabad03 Sept 2019AY 2011-12

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

For Appellant: Shri N. R. Soni, CIT-D.RFor Respondent: Shri S. N. Soparkar, Sr. Advocate
Section 11Section 129Section 12ASection 13(1)(d)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 2(15)Section 244A

…C) as well as the judgment ITA Nos.265, 805, 806 & 2344/Ahd/2018 DCIT vs. VyaktiVikas Kendra India Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15 passed by the Hon’ble Apex Court in the matter of Parashuram Pottery Works Ltd- vs-ITO, reported in (1977) 106 ITR 1(SC). 7.7 As we find that according to the Learned AO as per the amended provision not only direct activities in the nature of trade commerce or business would make the assessee’s activities outside the purview of charitable purpose, but also the activity of rendering any services in relation to any trade, commerce or business would make the activi…

The ACIT, (Exemption) Circle-1, Ahmedabad vs. Vyakti Vikas Kendra India, Ahmedabad

In the result revenue’s appeal is dismissed

ITA 2344/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad03 Sept 2019AY 2014-15

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

For Appellant: Shri N. R. Soni, CIT-D.RFor Respondent: Shri S. N. Soparkar, Sr. Advocate
Section 11Section 129Section 12ASection 13(1)(d)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 2(15)Section 244A

…C) as well as the judgment ITA Nos.265, 805, 806 & 2344/Ahd/2018 DCIT vs. VyaktiVikas Kendra India Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15 passed by the Hon’ble Apex Court in the matter of Parashuram Pottery Works Ltd- vs-ITO, reported in (1977) 106 ITR 1(SC). 7.7 As we find that according to the Learned AO as per the amended provision not only direct activities in the nature of trade commerce or business would make the assessee’s activities outside the purview of charitable purpose, but also the activity of rendering any services in relation to any trade, commerce or business would make the activi…

Vision Infpro (India) Private Limited, Mumbai vs. Deputy Commissioner of Income Tax -8(3)(2), Mumbai

In the result, appeal of the assessee is allowed

ITA 1394/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Aug 2019AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Rajiv Gubgotra
Section 271(1)(c)Section 274

…nvalid and void in the eyes of law. Also contentions were raised stating that section 292B was inapplicable. The Hon’ble Delhi High Court held as under: “21. Our attention was drawn to Parashuram Pottery Works Co. Ltd. V. ITO, Circle I, Ward A, Rajkot, (1977) 106 ITR 1 (SC) which records that the Assessing Officer entrusted with the task of calculating and realizing tax should familiarize themselves with the relevant provisions and become well versed with the law on the subject. This is a salutary advice. Indeed, there have been lapses and faults resulting in the present litigation. Notice under Section 147/148 o…

DCIT- 14(1)(2), Mumbai vs. Commtel Networks Pvt. Ltd., Mumbai

In the result appeal of the Revenue is dismissed

ITA 3427/MUM/2018[2014-15]Status: DisposedITAT Mumbai23 Jul 2019AY 2014-15

Bench: Shri G. Manjunatha & Shri Ram Lal Negidcit-14(1)(2) Vs. M/S Commtel Networks Room No.470, 4Th Floor Private Limited Aaykar Bhawan, M.K.Road 23, White Castle, 34-35 Mumbai-400 020 Union Park, Chembur Mumbai-400 071 Pan/Gir No.Aaacc8966G Appellant) .. Respondent)

Section 211

…IN THE INCOME TAX APPELLATE TRIBUNAL “C”, BENCH MUMBAI BEFORE SHRI G. MANJUNATHA, ACCOUNTANT MEMBER & SHRI RAM LAL NEGI, JUDICIAL MEMBER DCIT-14(1)(2) Vs. M/s Commtel Networks Room No.470, 4th Floor Private Limited Aaykar Bhawan, M.K.Road 23, White Castle, 34-35 Mumbai-400 020 Union Park, Chembur Mumbai-400 071 PAN/GIR No.AAACC8966G Appellant) .. Respondent) Assessee by V.G.Ginde & Kumar Kale Revenue by Abi Rama Kartikeyan Date of Hearing 23/07/2019 Date of Pronouncement 23/07/2019 आदेश आदेश / O R D E R आदेश आदेश PER G.MANJUNATHA (A.M): This appeal filed by the revenue is directed against the order of the…

Goldcity Properties Private Limited, Mumbai vs. Principal Commissioner of Income Tax 14, Mumbai

In the result, the grounds of appeal raised by the assessee are allowed

ITA 2179/MUM/2019[2011-12]Status: DisposedITAT Mumbai21 Jun 2019AY 2011-12

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singhgoldcity Properties Pvt. Ltd. Principal Commissioner Of [Now Merged With Supergold Vs. Income-Tax -14, R. No. 415, 4Th Floor, Properties Pvt. Ltd.], Shop No.1, Building No.2, Aayakar Bhavan, Sharmik Chs Ltd., Tilak M.K. Road, Nagar, Chembur, Mumbai-400020. Mumbai-400089. Pan: Aaccg1757H Appellant Respondent

For Appellant: Dr. P. Daniel (AR)For Respondent: Shri B. Jaya Kumar (CIT-DR)
Section 143(1)Section 147Section 148Section 152(2)Section 254(1)Section 263

…ting Explanation 2 to sec. 263 of the Act, since it would lead to unending litigations and there would not be any point of finality in the legal proceedings. The Hon'ble Supreme Court has held in the case of Parashuram Pottery Works Co. Ltd. v. ITO [1977] 106 ITR 1 that there must be a point of finality in all legal 24 ITA No. 2179 Mum 2019- Goldcity Properties Pvt. Ltd. proceedings and the stale issues should not be reactivated beyond a particular stage and the lapse of time must induce repose in and set at rest judicial and quasi-judicial controversies as it must in other spheres of human activity. 28…

Sheth Commercial Co., Kolkata vs. CIT-14 Kolkata, Kolkata

Appeal is allowed

ITA 1406/KOL/2017[2012-13]Status: FixedITAT Kolkata16 Apr 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Sheth Commercial Co. V/S. Pr. Cit-14, C/O D.J. Shah & Co. 3, Government Place, Kalyan Bhavan, 2 Elgin Kolkata-700001 Road, Kolkata-700020 [Pan No.Aakfs 409 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Miraj D Shah, Advocate अपीलाथ" क" ओर से/By Appellant Shri P.K. Shrhari, Cit-Dr ""यथ" क" ओर से/By Respondent 13-03-2019 सुनवाई क" तार"ख/Date Of Hearing 16-04-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Principal Commissioner Of Income Tax-14, Kolkata’S Order Dated 20.03.2017 Directing The Assessing Officer To Frame Afresh Assessment After Setting Aside The Regular One Framed Dated 23.03.2015 In Exercising Revision Jurisdiction Vested U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). We Have Heard Shri Miraj D Shah Learned Authorized Representative For Assessee & Shri P.K.Srihari, Cit/Dr Appearing At Revenue’S Behest. Case File Perused. 2. It Transpires During The Course Of Hearing That The Assessee’S Pleading Challenge Correctness Of The Pcit’S Order Revising The Regular Assessment In Issue Framed By The Assessing Officer On 06.07.2016 With Directions To Frame

Section 1Section 263Section 35(1)(c)

…sues should not be reactivated beyond a particular stage and that lapse of time must induce repose in an set at rest judicial and quasi- judicial controversies as it must in other spheres of human activity. (See Parashuram Pottery Works Co. Ltd. v. ITO [1977] 106 ITR 1 (SC) at page 10).... From the aforesaid definitions it is clear that an order cannot be termed as erroneous unless it is not in accordance with law. If an ITA No.1406/Kol/2017 A.Y.2012-13 Sheth Commercial Co. Vs. Pr. citi-14,Kol. Page 9 Income-tax Officer acting in accordance with law makes a certain assessment, the same cannot be branded as errone…

Smt. Bhumika Navinbhai Patel, Baroda vs. The Income Tax Officer, Ward-2(2), Baroda

In the result, the appeal of the assessee is dismissed

ITA 485/AHD/2017[2010-11]Status: DisposedITAT Ahmedabad08 Apr 2019AY 2010-11

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.481-485/Ahd/2017 िनधा"रण वष"/Asstt. Years: (2006-2007 To 2010-11) Bhumika Navinbhai Patel, I.T.O, L/H Of Navinbhai Punjabhai Patel, Vs. Ward-2(2), 1, Priya Park Society, Baroda. Ellora Park, Baroda. Pan: Acspp2440D

For Appellant: Shri K.P. Singh, A.RFor Respondent: Shri Lalit P. Jain, Sr. DR
Section 143(2)Section 143(3)Section 147

…5 Infotainment Ltd. (supra), as assessment orders had been passed in the name of the non-existing assessee. These cases are therefore distinguishable. 21. Our attention was drawn to Parashuram Pottery Works Co. Ltd. v. ITO, Circle I, Ward A, Rajkot, (1977) 106 ITR 1 (SC) which records that the Assessing Officer entrusted with the task of calculating and realising tax should familiarise themselves with the relevant provisions and become well versed with the law on the subject. This is a salutary advise. Indeed there have been lapses and faults resulting in the present litigation. Notice under Section 147/148 of…

Smt. Bhumika Navinbhai Patel, Baroda vs. The Income Tax Officer, Ward-2(2), Baroda

In the result, the appeal of the assessee is dismissed

ITA 484/AHD/2017[2009-10]Status: DisposedITAT Ahmedabad08 Apr 2019AY 2009-10

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.481-485/Ahd/2017 िनधा"रण वष"/Asstt. Years: (2006-2007 To 2010-11) Bhumika Navinbhai Patel, I.T.O, L/H Of Navinbhai Punjabhai Patel, Vs. Ward-2(2), 1, Priya Park Society, Baroda. Ellora Park, Baroda. Pan: Acspp2440D

For Appellant: Shri K.P. Singh, A.RFor Respondent: Shri Lalit P. Jain, Sr. DR
Section 143(2)Section 143(3)Section 147

…5 Infotainment Ltd. (supra), as assessment orders had been passed in the name of the non-existing assessee. These cases are therefore distinguishable. 21. Our attention was drawn to Parashuram Pottery Works Co. Ltd. v. ITO, Circle I, Ward A, Rajkot, (1977) 106 ITR 1 (SC) which records that the Assessing Officer entrusted with the task of calculating and realising tax should familiarise themselves with the relevant provisions and become well versed with the law on the subject. This is a salutary advise. Indeed there have been lapses and faults resulting in the present litigation. Notice under Section 147/148 of…

Smt. Bhumika Navinbhai Patel, Baroda vs. The Income Tax Officer, Ward-2(2), Baroda

In the result, the appeal of the assessee is dismissed

ITA 483/AHD/2017[2008-09]Status: DisposedITAT Ahmedabad08 Apr 2019AY 2008-09

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.481-485/Ahd/2017 िनधा"रण वष"/Asstt. Years: (2006-2007 To 2010-11) Bhumika Navinbhai Patel, I.T.O, L/H Of Navinbhai Punjabhai Patel, Vs. Ward-2(2), 1, Priya Park Society, Baroda. Ellora Park, Baroda. Pan: Acspp2440D

For Appellant: Shri K.P. Singh, A.RFor Respondent: Shri Lalit P. Jain, Sr. DR
Section 143(2)Section 143(3)Section 147

…5 Infotainment Ltd. (supra), as assessment orders had been passed in the name of the non-existing assessee. These cases are therefore distinguishable. 21. Our attention was drawn to Parashuram Pottery Works Co. Ltd. v. ITO, Circle I, Ward A, Rajkot, (1977) 106 ITR 1 (SC) which records that the Assessing Officer entrusted with the task of calculating and realising tax should familiarise themselves with the relevant provisions and become well versed with the law on the subject. This is a salutary advise. Indeed there have been lapses and faults resulting in the present litigation. Notice under Section 147/148 of…

Smt. Bhumika Navinbhai Patel, Baroda vs. The Income Tax Officer, Ward-2(2), Baroda

In the result, the appeal of the assessee is dismissed

ITA 482/AHD/2017[2007-08]Status: DisposedITAT Ahmedabad08 Apr 2019AY 2007-08

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.481-485/Ahd/2017 िनधा"रण वष"/Asstt. Years: (2006-2007 To 2010-11) Bhumika Navinbhai Patel, I.T.O, L/H Of Navinbhai Punjabhai Patel, Vs. Ward-2(2), 1, Priya Park Society, Baroda. Ellora Park, Baroda. Pan: Acspp2440D

For Appellant: Shri K.P. Singh, A.RFor Respondent: Shri Lalit P. Jain, Sr. DR
Section 143(2)Section 143(3)Section 147

…5 Infotainment Ltd. (supra), as assessment orders had been passed in the name of the non-existing assessee. These cases are therefore distinguishable. 21. Our attention was drawn to Parashuram Pottery Works Co. Ltd. v. ITO, Circle I, Ward A, Rajkot, (1977) 106 ITR 1 (SC) which records that the Assessing Officer entrusted with the task of calculating and realising tax should familiarise themselves with the relevant provisions and become well versed with the law on the subject. This is a salutary advise. Indeed there have been lapses and faults resulting in the present litigation. Notice under Section 147/148 of…

Sterling Addlife India Private Ltd., Ahmedabad vs. Pr. CIT-4, Ahmedabad

In the result, the appeal of the assessee is partly allowed

ITA 967/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad27 Mar 2019AY 2013-14

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.967/Ahd/2018 ("नधा"रण वष"/Assessment Year : 2013-14) बनाम/ Sterling Addlife India The Pr.Cit-4 Pvt.Ltd. Ahmedabad Vs. Sterling Hospital Buildings Off Gurukul Road Memnagar Ahmedabad-380 052 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadca 0897 M (अपीलाथ"/Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By : Shri Dinal Shah & A.C.Shah, Ars ""यथ" क" ओर से/Respondent By: Shri Mahesh Shah, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing 28/01/2019 घोषणा क" तार"ख /Date Of Pronouncement 27/03/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Order Of The Commissioner Of Income Tax–4, Ahmedabad [Cit In Short] Dated 28/03/2018 Relevant To Assessment Year (Ay) 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Dinal Shah & A.C.Shah, ArsFor Respondent: Shri Mahesh Shah, CIT-DR
Section 143(3)Section 14ASection 263

…IN THE INCOME TAX APPELLATE TRIBUNAL “ D ” BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER And MS. MADHUMITA ROY, JUDICIAL MEMBER आयकर अपील सं./ITA No.967/Ahd/2018 ("नधा"रण वष"/Assessment Year : 2013-14) बनाम/ Sterling Addlife India The Pr.CIT-4 Pvt.Ltd. Ahmedabad Vs. Sterling Hospital Buildings Off Gurukul Road Memnagar Ahmedabad-380 052 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AADCA 0897 M (अपीलाथ"/Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant by : Shri Dinal Shah & A.C.Shah, Ars ""यथ" क" ओर से/Respondent by: Shri Mahesh Shah, CIT-DR सुनवाई क" तार"ख/ Date of Hearing 28/01/2019 घोष…

Raj Singh, Mathura vs. ITO-3(3), Mathura

In the result appeal is allowed

ITA 408/AGR/2018[2008-09]Status: DisposedITAT Agra22 Mar 2019AY 2008-09

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenashri. Raj Singh, Vs.. Income Tax Officer- 3(3), Village- Kharaut Chhata, Mathura Mathura. Pan: Akvpr1777Q (Appellant) (Respondent)

Section 144Section 148Section 151

…his duty is limited up to instruct the Assessing officer on facts of his case, applying the law on the peculiar facts of the case is the duty of the A.O. Learned Counsel referred to Hon’ble Supreme Court in the case of Parsuram Pottery Works Co. Ltd. vs. ITO 106 ITR 1. (S.C) The Hon’ble Court held that “It has been said that the taxes are the price that we pay for civilization. If so, it is essential that those who are entrusted with the task of calculating and realizing that price should familiarize themselves with the relevant provisions and become well-versed with the law on the subject. Any remission on thei…

Pushpa, Mathura vs. ITO-1(2)(3), Mathura

In the result,both appeals are allowed

ITA 332/AGR/2018[2009-10]Status: DisposedITAT Agra22 Mar 2019AY 2009-10

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenashri. Pushpendra Singh. Vs.. Income Tax Officer- 1(2)(3), M-22, Phase-I, Mahavidhya Colony. Agra. Mathura. Pan: Dldps6755P (Appellant) (Respondent) Smt. Pushpa Vs.. Income Tax Officer- 1(2)(3), M-22, Phase-I, Mahavidhya Colony. Agra. Mathura. Pan: Bcopd0484L (Appellant) (Respondent)

Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER, AND DR. MITHA LAL MEENA, ACCOUNTANT MEMBER Shri. Pushpendra Singh. Vs.. Income tax Officer- 1(2)(3), M-22, Phase-I, Mahavidhya Colony. Agra. Mathura. PAN: DLDPS6755P (Appellant) (Respondent) Smt. Pushpa Vs.. Income tax Officer- 1(2)(3), M-22, Phase-I, Mahavidhya Colony. Agra. Mathura. PAN: BCOPD0484L (Appellant) (Respondent) Appellant by Shri Anurag Sinha, AR Respondent by Shri Waseem Arshad, Sr. DR. Date of Hearing 21.02.2019 Date of Pronouncement 22.03.2019 ORDER Per Dr.Mitha Lal Meena, A. M.: Both the…

Commissioner of Income Tax VIII vs. Gopal Dass Estates & Housing Pvt.Ltd

Appeals of the Revenue are dismissed

ITA - 742 / 2009HC Delhi20 Mar 2019
Section 260

…tent view taken by the ITAT, as has been affirmed by this Court and accepted by the Revenue is that it should be treated as IHP. 52. The rule of consistency as explained by the Supreme Court in Parashuram Pottery Works Ltd. v. Income Tax Officer, [1977] 106 ITR 1 (SC) and Radhasoami Satsang Saomi Bagh v. Commissioner of Income Tax, [1992] 193 ITR 321 (SC) was reiterated by it in CIT v. Excel Industries Ltd. (2014) 13 SCC 459 in the following manner: 31. It appears from the record that in several assessment years, the Revenue accepted the order of the Tribunal in favour of the assessee and did not pur…

Commissioner of Income Tax vs. Gopal Dass Estates & Housing Pvt.Ltd

Appeals of the Revenue are dismissed

ITA - 548 / 2010HC Delhi20 Mar 2019
Section 260

…tent view taken by the ITAT, as has been affirmed by this Court and accepted by the Revenue is that it should be treated as IHP. 52. The rule of consistency as explained by the Supreme Court in Parashuram Pottery Works Ltd. v. Income Tax Officer, [1977] 106 ITR 1 (SC) and Radhasoami Satsang Saomi Bagh v. Commissioner of Income Tax, [1992] 193 ITR 321 (SC) was reiterated by it in CIT v. Excel Industries Ltd. (2014) 13 SCC 459 in the following manner: 31. It appears from the record that in several assessment years, the Revenue accepted the order of the Tribunal in favour of the assessee and did not pur…

The Commissioner of Income Tax vs. Gopal Dass Estates & Housing Pvt.Ltd

Appeals of the Revenue are dismissed

ITA - 400 / 2009HC Delhi20 Mar 2019
Section 260

…tent view taken by the ITAT, as has been affirmed by this Court and accepted by the Revenue is that it should be treated as IHP. 52. The rule of consistency as explained by the Supreme Court in Parashuram Pottery Works Ltd. v. Income Tax Officer, [1977] 106 ITR 1 (SC) and Radhasoami Satsang Saomi Bagh v. Commissioner of Income Tax, [1992] 193 ITR 321 (SC) was reiterated by it in CIT v. Excel Industries Ltd. (2014) 13 SCC 459 in the following manner: 31. It appears from the record that in several assessment years, the Revenue accepted the order of the Tribunal in favour of the assessee and did not pur…

Commissioner of Income Tax vs. Gopal Dass Estates & Housing Pvt.Ltd

Appeals of the Revenue are dismissed

ITA - 581 / 2010HC Delhi20 Mar 2019
Section 260

…tent view taken by the ITAT, as has been affirmed by this Court and accepted by the Revenue is that it should be treated as IHP. 52. The rule of consistency as explained by the Supreme Court in Parashuram Pottery Works Ltd. v. Income Tax Officer, [1977] 106 ITR 1 (SC) and Radhasoami Satsang Saomi Bagh v. Commissioner of Income Tax, [1992] 193 ITR 321 (SC) was reiterated by it in CIT v. Excel Industries Ltd. (2014) 13 SCC 459 in the following manner: 31. It appears from the record that in several assessment years, the Revenue accepted the order of the Tribunal in favour of the assessee and did not pur…

Sheetal Diamonds Ltd, Mumbai vs. DCIT 8(3), Mumbai

In the result, appeal of the assessee is allowed as indicated above

ITA 5289/MUM/2011[2001-02]Status: DisposedITAT Mumbai15 Mar 2019AY 2001-02

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Sheetal Diamonds Ltd. V. D.C.I.T Range – 8(3) Off No. 8, 1St Floor, Aayakar Bhavan, M.K. Road, Sitaram Niwas, 1St Bhatwadi, Mumbai-400 020 J.S.S. Road, Opera House Mumbai – 400 004 Pan: Aabcs 3005 P (Appellant) (Respondent) Assessee By : Shri Satish R. Mody Department By : Shri A.B. Koli

For Appellant: Shri Satish R. ModyFor Respondent: Shri A.B. Koli
Section 143(3)Section 271(1)(c)Section 274

…nvalid and void in the eyes of law. Also contentions were raised stating that section 292B was inapplicable. The Hon’ble Delhi High Court held as under: “21. Our attention was drawn to Parashuram Pottery Works Co. Ltd. V. ITO, Circle I, Ward A, Rajkot, (1977) 106 ITR 1 (SC) which records that the Assessing Officer entrusted with the task of calculating and realizing tax should familiarize themselves with the relevant provisions and become well versed with the law on the subject. This is a salutary advice. Indeed, there have been lapses and faults resulting in the present litigation. Notice under Section 147/148 o…

ITO, New Delhi vs. M/S. Paragon Xt, New Delhi

In the result appeal of the revenue is dismissed

ITA 363/DEL/2015[2010-11]Status: DisposedITAT Delhi14 Mar 2019AY 2010-11

Bench: Shri Amit Shukla & Shri L.P. Sahuasstt. Year: 2010-11

For Appellant: NoneFor Respondent: Shri Surender Pal, Sr. DR
Section 194C

…y followed either cash or mercantile system of accounting. 5.13 In view of above and following the ratio laid down by the Hon'ble Supreme Court in the cases of Excel Industries Ltd. (Date of order 09.10.2013), Radhaswami satsang 193 ITR 321, Parshuram Pottery 106 ITR 1 and British Paints (supra) and the Hon'ble Delhi High Court in the case of Jagjit Industries Ltd. in ITA No. 848/2010; I am of the considered view that the appellant's income can be deduced properly from mercantile system as it will not result distorted profit. Accordingly, I order so. Accordingly, it is held that the disallowance of current year l…