PCIT v. JSW Steel Ltd.

115 Taxmann.com 165High Court2020#1233 most cited

What is PCIT v. JSW Steel Ltd. authority for?

Reassessment initiated under Section 148 is invalid if the reasons recorded for reopening incorrectly state that no return of income was filed by the assessee when a return had, in fact, been filed. Such a fundamental factual error vitiates the entire basis for the reassessment proceedings.

92

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2021 to 2026.

Also referred to as

PCIT v. JSW Steel Ltd. · Section 148 · reassessment validity · reasons recorded for reassessment · factual error in reasons · no return filed · assessee filed return · vitiated reassessment · Section 263 · Section 10(37) · 422 ITR 1

Issues it is cited on

Judgments citing PCIT v. JSW Steel Ltd.

Parveen Kumar, 229, Village Manakpur-II, Tehsil Jagadhri, Haryana vs. Prabhjot Kaur, PCIT Panchkula, Chandigarh

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 576/CHANDI/2024[2018-2019]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-2019

Bench: the Tribunal as pointed out by the Registry. Considering that the issue involved is purely legal in nature, and respectfully following the ratio laid down by the Hon'ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji & Others [(1987) 167 ITR 471 (SC)], which emphasizes that substantial justice should prevail over technical considerations, we condone the delay in filing these appeals.3. We shall take appeal of the assessee in ITA No. 167/Chd/2023 for A.Y 2018-19 as a lead case f

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…023 reported in 38 NYPTTJ 852, o M/s JMD Astrological Consultancy Services Private Limited ITA o 849/Chd/2011 and Baba Kartar Singh Dukki reported in 171 TTJ 25(URO) o  Reliance is further placed on the decision of the Hon’ble High Court of Delhi reported in 422 ITR 1 rendered in the case of Vinita Sanjeev Anand wherein it has been held that the entire basis for reassessment were vitiated as the reasons were recorded under the head “Where no return is filed by the assessee” but the assessee had filed the return.  This factual error becomes even more apparent from the subsequent proceedings. While invoking the p…