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 367,154 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

Shri Iqbal Singh, Moga vs. Principal Commissioner of Income Tax -1, Ludhiana

In the result, the appeal of the assessee is allowed

ITA 105/ASR/2022[2014-15]Status: DisposedITAT Amritsar31 Jan 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)Section 143(3)Section 263

…n imposed or that by the application of the relevant statute on an incorrect or incomplete interpretation a lesser tax than what was just has been imposed." 9. 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 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. 10. In the above view, we accept the grievance of the assess…

Raj Abhishek Corporation, Surat vs. Pr. CIT-1, Surat

In the result, appeal filed by the assessee is dismissed

ITA 117/SRT/2022[2017-18]Status: DisposedITAT Surat16 Jan 2023AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.117/Srt/2022 ("नधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) Raj Abhishek Corporation Principal Commissioner Of Income 501,Kohinoortextiles Market, Tax, Surat-1, Room No.123, Aaykar Vs. Ring Road, Surat-395002 Bhavan, Majura Gate, Surat—395002 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aajfr 6297 D (Appellant) (Respondent) िनधा"रती की ओर से /Assessee By : Shri Ketan Jagirdar, C.A राज"व क" ओर से /Respondent By : Shri Ashok B. Koli, Cit-D.R

For Appellant: Shri Ketan Jagirdar, C.AFor Respondent: Shri Ashok B. Koli, CIT-D.R
Section 143(3)Section 263Section 80Section 80I

…sues should not be reactivated beyond a particular stage and that 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. (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 Income-tax Officer acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because, according to him, the order should have be…

M/S Kakkar Complex Steels (P) Ltde vs. The Commissioner of It

Appeal is allowed and

ITA/312/2005HC Punjab & Haryana09 Jan 2023

Bench: MS. JUSTICE RITU BAHRI,MRS. JUSTICE MANISHA BATRA

Section 139Section 142Section 143Section 147Section 148Section 154Section 260ASection 80BSection 80H

…tted by the Assessing Officer in granting excessing deduction while framing/finalizing original assessment. Learned counsel for the appellant has referred to the judgments passed by Hon'ble the Supreme Court in Parashuram Pottery Works Co. Ltd. vs. ITO (1977) 106 ITR 1 (SC), Indian & Eastern Newspaper Society Vs. CIT, (1979) 119 ITR 996 (SC) and Duli Chand Singhania Vs. ACIT, (2004) 269 ITR 192 (P&H), on the proposition that power under Section 147 of the Act for reopening of the assessment order can only be exercised, where the allegations are that the deductions were wrongly allowed on account of the fact that…

Parimal Chandrakant Zaveri, Mumbai vs. The Pr. CIT-1, Vadodara

In the result, the appeal filed by the Assessee is hereby dismissed

ITA 283/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad16 Dec 2022AY 2015-16
For Appellant: Shri Piyush Chhajed, A.RFor Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 244ASection 263

…cipal Commissioner of Income Tax erred in initiating proceedings with a view to start the fishing and roving enquiries in order which is already concluded and the same is not permitted as held by Hon Supreme Court in case of Parashuram Pottery Works Co. Ltd., 106 ITR 1 and by the Bombay High court in case of Gabriel India Ltd, 203 ITR 108. 3. On the facts and circumstances of the case, the Learned Principal Commissioner of Income Tax erred in passing the order under section 263 merely been change of opinion. The order under section 143(3) passed by I.T.A No. 283/Ahd/2021 A.Y. 2015-16 Page No 6 Parimal Chandrakant…

Shri Kirit Kalidas Gajjar, Ahmedabad vs. ITO, Ward-1(2)(2), Ahmedabad

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

ITA 2444/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad09 Dec 2022AY 2012-13

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2444/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2012-2013 Shri Kirit Kalidas Gajjar, I.T.O, 1807, Pada Pole, Vs. Ward-1(1)(2), Gandhi Road, Ahmedabad. Ahmedabad-380001. Pan: Abepg4967B

For Appellant: Shri S.N. Divatia, A.RFor Respondent: Shri Ramesh Kumar, Sr. D.R
Section 132Section 143(1)Section 143(3)Section 147Section 148

…on that the Revenue is not entitled to second inning, for correction of its own mistake. Assessee cannot be made to run again for many more years for contesting the litigation. Hon'ble Supreme Court also in the case of Parashuram Pottery Works Co. Ltd. v. ITO 106 ITR 1 observed 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 realising that price should familiarise themselves with the relevant CO No.222/Del/2016 provisions and become well-versed with the law on the subject. Any remissness on their…

V.Natarajan, Rasipuram vs. ACIT Central Circle, Salem

The appeals stand allowed in terms of our above order

ITA 468/CHNY/2021[2016-17]Status: DisposedITAT Chennai30 Nov 2022AY 2016-17

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.467/Chny/2021 (िनधा1रण वष1 / Assessment Year: 2015-16) & आयकरअपील सं./ Ita No.468/Chny/2021 (िनधा1रण वष1 / Assessment Year: 2016-17) Shri V.Natarajan Acit बनाम/ 64C, Rotary Nagar, Central Circle, Vs. Rasipuram -637 408. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acgpn-1477-Q (अपीलाथ"/Appellant) : ( !थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri T.S. Lakshmi Venkataraman (Ca)-Ld. Ar !थ"कीओरसे/Respondent By : Shri M. Rajan, (Cit)-Ld. Dr सुनवाईकीतारीख/ : 15-11-2022 Date Of Hearing घोषणाकीतारीख / : 30-11-2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal ():

For Appellant: Shri T.S. Lakshmi Venkataraman (CA)-Ld. ARFor Respondent: Shri M. Rajan, (CIT)-Ld. DR
Section 132Section 143(3)Section 263

…of law that there must be a point of finality in all stage and that 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 [Parashuram Pottery Works Co. Ltd. vs. ITO, (1977) 106 ITR 1 (SC)]. It was further observed as under: - "From the aforesaid definitions as it is clear that an order cannot be termed as erroneous unless it is not in accordance with law. If an Income-tax Officer acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because, according to hi…

V.Natarajan, Rasipuram vs. ACIT Central Circle, Salem

The appeals stand allowed in terms of our above order

ITA 467/CHNY/2021[2015-16]Status: DisposedITAT Chennai30 Nov 2022AY 2015-16

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.467/Chny/2021 (िनधा1रण वष1 / Assessment Year: 2015-16) & आयकरअपील सं./ Ita No.468/Chny/2021 (िनधा1रण वष1 / Assessment Year: 2016-17) Shri V.Natarajan Acit बनाम/ 64C, Rotary Nagar, Central Circle, Vs. Rasipuram -637 408. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acgpn-1477-Q (अपीलाथ"/Appellant) : ( !थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri T.S. Lakshmi Venkataraman (Ca)-Ld. Ar !थ"कीओरसे/Respondent By : Shri M. Rajan, (Cit)-Ld. Dr सुनवाईकीतारीख/ : 15-11-2022 Date Of Hearing घोषणाकीतारीख / : 30-11-2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal ():

For Appellant: Shri T.S. Lakshmi Venkataraman (CA)-Ld. ARFor Respondent: Shri M. Rajan, (CIT)-Ld. DR
Section 132Section 143(3)Section 263

…of law that there must be a point of finality in all stage and that 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 [Parashuram Pottery Works Co. Ltd. vs. ITO, (1977) 106 ITR 1 (SC)]. It was further observed as under: - "From the aforesaid definitions as it is clear that an order cannot be termed as erroneous unless it is not in accordance with law. If an Income-tax Officer acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because, according to hi…

M/S. Embassy Property Developments Private Limited, Bangalore vs. The Principal Commissioner of Income-Tax, (Central), Bangalore

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

ITA 445/BANG/2022[2017-18]Status: DisposedITAT Bangalore21 Nov 2022AY 2017-18
For Appellant: Shri Sriram Seshadri, CAFor Respondent: Ms. Neera Malhotra, CIT-DR
Section 147Section 17Section 2(22)(e)Section 263Section 37

…ues should not be reactivated beyond a particular stage and that 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. [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 Income-tax Officer acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because, according to him, the order should hav…

Sherawali Coal Carrier (P) Ltd, New Delhi vs. Pr. CIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 441/DEL/2021[2015-16]Status: DisposedITAT Delhi16 Nov 2022AY 2015-16

Bench: Shri N.K. Billaiya & Shri Kul Bharat

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri M. Baranwal, CIT-DR
Section 143(3)Section 263Section 40A(3)

…sues should not be reactivated beyond a particular stage and that 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. (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 Income- tax Officer acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because, according to him, the order should have…

M/S. Trishul Buildtech & Infrastructures Pvt. Ltd., Bengaluru vs. The Deputy Commissioner of Income-Tax, Central Circle-2(2), Bengaluru

In the result, assessee’s appeals are partly allowed

ITA 109/BANG/2022[2018-19]Status: DisposedITAT Bangalore14 Nov 2022AY 2018-19

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri A. Shankar, Senior AdvocateFor Respondent: Shri Manjunath Karkihalli, D.R
Section 250

…ITA Nos.107 to 109/Bang/2022 M/s. Trishul Buildtech & Infrastructures Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “B’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI GEORGE GEORGE K., JUDICIAL MEMBER ITA Nos.107 to 109/Bang/2022 Assessment Year: 2016-17 to 2018-19 M/s. Trishul Buildtech & Deputy Commissioner Infrastructures Pvt. Ltd. of Income-tax No.2/55/1, Outer Ring Road Central Circle-2(2) Opp. Lumbini Garen, Veeranna Bengaluru Vs. Palya Nagavara, Bengaluru 560 045 PAN NO : AADCT3672P APPELLANT RESPONDENT Appellant by : Shri A. Shankar, Senior Advocate Responde…

M/S. Trishul Buildtech & Infrastructures Pvt. Ltd., Bengaluru vs. The Deputy Commissioner of Income-Tax, Central Circle-2(2), Bengaluru

In the result, assessee’s appeals are partly allowed

ITA 108/BANG/2022[2017-18]Status: DisposedITAT Bangalore14 Nov 2022AY 2017-18

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri A. Shankar, Senior AdvocateFor Respondent: Shri Manjunath Karkihalli, D.R
Section 250

…ITA Nos.107 to 109/Bang/2022 M/s. Trishul Buildtech & Infrastructures Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “B’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI GEORGE GEORGE K., JUDICIAL MEMBER ITA Nos.107 to 109/Bang/2022 Assessment Year: 2016-17 to 2018-19 M/s. Trishul Buildtech & Deputy Commissioner Infrastructures Pvt. Ltd. of Income-tax No.2/55/1, Outer Ring Road Central Circle-2(2) Opp. Lumbini Garen, Veeranna Bengaluru Vs. Palya Nagavara, Bengaluru 560 045 PAN NO : AADCT3672P APPELLANT RESPONDENT Appellant by : Shri A. Shankar, Senior Advocate Responde…

M/S. Trishul Buildtech & Infrastructures Pvt. Ltd., Bengaluru vs. The Deputy Commissioner of Income-Tax, Central Circle-2(2), Bengaluru

In the result, assessee’s appeals are partly allowed

ITA 107/BANG/2022[2016-17]Status: DisposedITAT Bangalore14 Nov 2022AY 2016-17

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri A. Shankar, Senior AdvocateFor Respondent: Shri Manjunath Karkihalli, D.R
Section 250

…ITA Nos.107 to 109/Bang/2022 M/s. Trishul Buildtech & Infrastructures Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “B’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI GEORGE GEORGE K., JUDICIAL MEMBER ITA Nos.107 to 109/Bang/2022 Assessment Year: 2016-17 to 2018-19 M/s. Trishul Buildtech & Deputy Commissioner Infrastructures Pvt. Ltd. of Income-tax No.2/55/1, Outer Ring Road Central Circle-2(2) Opp. Lumbini Garen, Veeranna Bengaluru Vs. Palya Nagavara, Bengaluru 560 045 PAN NO : AADCT3672P APPELLANT RESPONDENT Appellant by : Shri A. Shankar, Senior Advocate Responde…

V.Rajasekhar, Hyderabad vs. Income Tax Officer, Ward-14(5), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 1357/HYD/2018[2008-09]Status: DisposedITAT Hyderabad31 Oct 2022AY 2008-09

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarsri V. Rajasekhar, Vs. The Income Tax Officer, Hyderabad Ward-14(5), [Pan No. Aadpr0797E] Hyderabad Appellant Respondent

For Appellant: Shri P.Murali Mohan Rao, ARFor Respondent: Shri Vijay Bhaskar Reddy, CIT-DR
Section 139Section 143(3)Section 147Section 148Section 2(47)(v)Section 263

…ues should not be reactivated beyond a particular stage and that 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. [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 Income-tax Officer acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because, according to him, the order should hav…

Commissioner of Income Tax -II, Guwahati vs. M/S. Arihant International Limited, Guwahati

In the result, the appeal filed by the Revenue is dismissed

ITA 275/GTY/2018[2009-10]Status: DisposedITAT Guwahati19 Oct 2022AY 2009-10

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 143(2)Section 143(3)Section 147Section 148Section 250Section 43(5)Section 73

…fully and truly disclosed by the assessees. 44. The Apex Court while dwelling on the scope of the requirement to disclose fully and truly all material facts as comprehended in the proviso to section 147 held in Parashuram Pottery Works Co. Ltd. v. ITO [1977] 106 ITR 1 (SC), that the duty of the assessee in any case does not extend beyond making a true and full disclosure of primary facts and it is not its responsibility to advise the Assessing Officer with regard to the inference which he should draw therefrom. If such officer draws any inference which appears to be subsequently erroneous, a mere change of opini…

Castamet Works Private Limited, Kharwa vs. Principle Commissioner of Income Tax, Udaipur

ITA 187/JPR/2022[2017-18]Status: DisposedITAT Jaipur04 Oct 2022AY 2017-18
For Appellant: Sh. Prakul Khurana (Adv.) &For Respondent: Sh. Sanjay Dhariwal (CIT)
Section 143(1)Section 143(3)Section 14ASection 263Section 36(1)(va)

…ues should not be reactivated beyond a particular stage and that 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- [See Parashuram Pottery Works Co. Ltd. v. ITO [1977] 106 ITR 1 (SC), at page 10]. 14. From the above discussion it is evident that the Assessment order dated 14.12.2019 is dehors the scope of provision of Section 263 of the Act, because the said section having limited scope to the extent that it is incumbent upon the commissioner to establish that the Assessment order passed was erroneous in so far is prejudi…

Leela Gupta, Jalandhar vs. Principal Comissioner of Income Tax-1, Jalandhar

In the result, the appeal of the assessee bearing I

ITA 75/ASR/2022[2017-18]Status: DisposedITAT Amritsar15 Sept 2022AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)Section 143(2)Section 143(3)Section 263

…serting 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 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. 7.5. Further clause (a) of Explanation states that an order…

Shri Madhavrav H. Fichadia, Rajkot-Gujarat vs. The Pr. CIT-1, Rajkot

In the result, appeal of the assessee is allowed

ITA 82/RJT/2022[2017-18]Status: DisposedITAT Rajkot14 Sept 2022AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2017-18

For Appellant: Shri Mehul Ranpura, ARFor Respondent: Shri Sanjay Punglia, CIT (DR)
Section 143(3)Section 263Section 40

…ccount the same addition has implied his view/opinion which amounts to change of opinion and is not permissible under the Income Tax Act. The Ld. AR relied upon the decision of the Hon’ble Supreme Court in the case of Parshuram Pottery Works Co. Ltd. Vs. ITO, 106 ITR 1, CIT vs. Greenworld Corporation, 314 ITR 81 and the decision of Hon’ble Karnataka High Court in the case of CIT vs. Gokuldas Exports, 333 ITR 214. The Ld. AR also relied upon the decision of the Tribunal in the case of Torrent Pharmaceuticals Ltd. Vs. DCIT, 97 taxmann.com 671 (Ahmedabad Tribunal). The Ld. AR further submitted that clause (a) of Exp…

DCIT (It) 2(1)(2), Mumbai vs. Citi Bank Overseas Investment Corporation, Mumbai

In the result, the appeal is dismissed

ITA 321/MUM/2022[2014-15]Status: DisposedITAT Mumbai05 Sept 2022AY 2014-15
Section 143(3)

…ent, although it may be true enough that subsequent light or ingenuity might suggest some traverse which had not been taken." These observations were made in a case where taxation was in issue. 12. This Court in Parashuram Pottery Works Co. Ltd. v. ITO [1977] 106 ITR 1 stated: ". . . At the same time, we have to bear in mind that the policy of law is that there must be a point of finality in all legal proceedings, that stale issues should not be reactivated beyond a particular stage and that lapse of time must induce repose in and set at rest judicial and quasi-judicial controversies as it must in other spheres o…

Iclei Local Government for Sustainability South Asia, New Delhi vs. ITO(Exemption), Ward-1(2), New Delhi

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 3408/DEL/2018[2014-15]Status: DisposedITAT Delhi26 Aug 2022AY 2014-15

Bench: Shri N.K. Billaiya & Shri N.K. Choudhryassessment Year: 2014-15

For Appellant: ShriAnandChaudhari, Ld. AdvFor Respondent: ShriAnujGarg, Ld. Sr. DR
Section 11(1)(c)Section 12ASection 143(3)Section 250

…onal travelling, boarding and lodging, show caused the Assessee, in response to which the Assessee claimed that in view of the judgments passed by Hon’ble Apex Court in the case of RadhasoamiSatsung vs. CIT(supra) and Parshuram Pottery Works Co. Ltd. vs. ITO, 106 ITR 1 (SC), the principle of res judicata will applyand the provisions of section 11(1)(c) of the Act are not applicable in the case of the Assessee, as in the earlier assessment years, no such disallowance qua application of income applied outside India was made With regard to such contention of the Assessee qua covering the case of the Assessee by the…

Shri Sham Sunder Aggarwal, Kapurthala vs. Principal Commissioner of Income Tax -2, Kaputhala

In the result, the appeal of the assessee, ITA

ITA 410/ASR/2019[2009-10]Status: DisposedITAT Amritsar24 Aug 2022AY 2009-10

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. J. S. Bhasin, AdvFor Respondent: Sh. Chandrajit Singh, CIT DR
Section 143(3)Section 148Section 151Section 263

…TR 38 held that the existence of material must be real and it must also have nexus with the believe that income, escaped assessment. Respectful observation of the Hon’able apex court in the case of Parashuram Pottery Works Co. Ltd vs ITO 1977 CTR (SC) 32/ 106 ITR 1 (SC) 12 Sham Sunder Aggarwal v. Pr. CIT “The CIT cannot initiate proceedings with a view to starting fishing and roving enquiries in matters or orders which are already concluded. Search action will be against the well accepted policy of law that there must be a point of finality in all legal proceedings, that stale issues should not be reactiva…