PCIT v. Lark Chemicals (P) Ltd.

99 Taxmann.com 312Supreme Court of India2018#1419 most cited

What is PCIT v. Lark Chemicals (P) Ltd. authority for?

Proceedings initiated under Section 148 are invalid if the Assessing Officer makes additions to income that are unrelated to the reasons recorded for issuing the notice. If the 'reason' for issuing a Section 148 notice becomes non-existent, subsequent proceedings based on that notice are illegal.

80

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2026.

Also referred to as

PCIT v. Lark Chemicals (P) Ltd. · Section 148 · reason to believe · escapement of income · additions other than reasons recorded · invalid notice · reassessment proceedings · Assessing Officer satisfaction · AO making additions unrelated to reasons · jurisdiction u/s 148

Issues it is cited on

Judgments citing PCIT v. Lark Chemicals (P) Ltd.

Arun Tyagi, Ghaziabad vs. ITO, Ward-1(1), Ghaziabad

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

ITA 5489/DEL/2024[2011-12]Status: DisposedITAT Delhi09 May 2025AY 2011-12

Bench: Shris.Rifaur Rahmanarun Tyagi, Vs. Ito, Ward 1 (1), C/O Ch. No.206-207, Ansal Satyam, Ghaziabad. Rdc, Rajnagar, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Awdpa3342A) (Appellant) (Respondent) Assessee By : Shri Akhilesh Kumar, Advocate Revenue By : Shri B.S. Anand, Sr. Dr Date Of Hearing : 03.03.2025 Date Of Order : 09.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 25.09.2024 For The Assessment Year 2011-12 Raising Following Grounds Of Appeal :- “1 Because, The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstance Of The Case. 2. Because, Ld. Cit (A) Grossly Erred In Sustaining The Impugned Order & Validity Of Proceedings As 'Reason' Became Non-Existent & Admittedly Ld. Ao Has Made No Addition On The Reason For Issuance Of Notice U/S 148, Hence Subsequent Proceedings/Other Additions Are Illegal In View Of Ration Of Oriental Bank Of Commerce - 99 Taxmann.Com 312 (Sc), 49 Taxmann.Com 485 (Del.) Etc.

For Appellant: Shri Akhilesh Kumar, AdvocateFor Respondent: Shri B.S. Anand, Sr. DR
Section 133Section 133(6)Section 143(2)Section 148Section 151

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’: NEW DELHI BEFORE SHRIS.RIFAUR RAHMAN, ACCOUNTANT MEMBER Arun Tyagi, vs. ITO, Ward 1 (1), C/o Ch. No.206-207, Ansal Satyam, Ghaziabad. RDC, Rajnagar, Ghaziabad – 201 002 (Uttar Pradesh). (PAN : AWDPA3342A) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Akhilesh Kumar, Advocate REVENUE BY : Shri B.S. Anand, Sr. DR Date of Hearing : 03.03.2025 Date of Order : 09.05.2025 O R D E R 1. The assessee has filed appeal against the order of the Learned Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [“Ld. CIT(A)”, for short] dated 25.09…

Lakhmi Chand Yadav, Faridabad vs. ITO, Ward-1(4), Faridabad

In the result, the appeal filed by the revenue is dismissed and the substantial questions of law are answered against the revenue

ITA 516/DEL/2020[2011-12]Status: DisposedITAT Delhi03 Dec 2024AY 2011-12

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 516/Del/2020 : Asstt. Year : 2011-12 Lakhmi Chand Yadav, Vs Income Tax Officer, Village Mirzapur Hardet Haveli Ward-1(4), Mujehri, Faridabad, Haryana-121004 Faridabad-121001 (Appellant) (Respondent) Pan No. Aaepy4744P Assessee By : Sh. M. K. Gupta, Ca Revenue By : Sh. B. S. Anand, Sr. Dr Date Of Hearing: 25.11.2024 Date Of Pronouncement: 03.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2011-12, Arises Against The Order Of Cit(A), Faridabad Dated 28.11.2019 In Case No. 10339/2018-19 In Proceedings U/S 143(3)/147 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. M. K. Gupta, CAFor Respondent: Sh. B. S. Anand, Sr. Dr
Section 133ASection 143Section 143(3)Section 147Section 148Section 260A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member & Sh. M. Balaganesh, Accountant Member ITA No. 516/Del/2020 : Asstt. Year : 2011-12 Lakhmi Chand Yadav, Vs Income Tax Officer, Village Mirzapur Hardet Haveli Ward-1(4), Mujehri, Faridabad, Haryana-121004 Faridabad-121001 (APPELLANT) (RESPONDENT) PAN No. AAEPY4744P Assessee by : Sh. M. K. Gupta, CA Revenue by : Sh. B. S. Anand, Sr. Dr Date of Hearing: 25.11.2024 Date of Pronouncement: 03.12.2024 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appeal for Assessment Year 2011-12, arises…