PCIT v. Meenakshi Overseas Pvt. Ltd.

395 ITR 677High Court2017#149 most cited

What is PCIT v. Meenakshi Overseas Pvt. Ltd. authority for?

Reassessment proceedings initiated solely based on an investigation wing/appraisal report, without the Assessing Officer's independent application of mind to form a 'reason to believe' that income has escaped assessment, are beyond jurisdiction, bad in law, and void ab initio.

471

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

PCIT v. Meenakshi Overseas Pvt. Ltd. · Section 148 · Section 147 · reopening of assessment · reason to believe · independent application of mind · borrowed satisfaction · investigation report · reassessment proceedings invalid · non application of mind · escapement of income

Issues it is cited on

Judgments citing PCIT v. Meenakshi Overseas Pvt. Ltd.

Alankar Commodeal (P) Ltd., Kolkata vs. ITO, Ward - 4(3), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1257/KOL/2018[2009-10]Status: DisposedITAT Kolkata01 Feb 2022AY 2009-10

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.1257/Kol/2018 Assessment Year: 2009-10 Alankar Commodeal (P) Ltd..........................................…………………….……Appellant C/O Ca Bal Kishan Kedia, Bansal Complex, 1St Floor, Ram Nivas Talkies Chowk, Raigarh, Chhattisgarh-496001. [Pan: Aahca1771G] Vs. Ito, Ward-4(3), Kolkata…………….…..…...............……........……...…..…..Respondent Appearances By: Shri Sunil Kr. Agarwal, Advocate, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2021 Date Of Pronouncing The Order : February 01, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.04.2018 Of The Commissioner Of Income Tax (Appeals)-2, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act(Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Passing Order Ex-Parte. 2. That Under The Facts & In The Circumstances Of The Case, The Notice Issued U/S 148 Of The Income Tax Act, 1961 Is Bad In Law & Hence The Consequential Reassessment Order Is Also Illegal & Needs To Be Annulled. 3. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Of A Sum Of Rs.2,50,50,000/- For The Share Capital Raised By The Assessee, Holding The Same To Be Unexplained Cash-Credit In Terms Of Sec.68 Of The Income Tax Act, 1961. The Addition Is Unjustified & Need To Be Deleted. 4. That The Appellant Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

Section 147Section 148Section 151(2)Section 250Section 68

…AT -Jaipur] (vi) Future Tech IT Systems Pvt Ltd. vs. CIT (ITA 1031/CHANDI/2019) [ITAT- Chandigarh]dated 27-04-2021 (vii) Indo Global Techno Trade Ltd. vs. ITO (ITA No.1616/CHD/2018) [ITAT- Chandigarh] dated 15.06.2020 (viii) PCIT vs. Meenakshi Overseas (2017) 395 ITR 677 [Del-HC] (ix) PCIT vs. G&G Pharma India Ltd. 384 ITR 147 (Del.) dated 08.10.2015 5. The Ld. counsel for the assessee has further submitted that the approval granted by Addl. CIT u/s 151(2) dated 13.03.2015 was given in a mechanical manner without application of mind. He has submitted that the Ld. Addl. CIT has given the approval under a wrong se…

M/S. Bansiwala Iron & Steel Rolling Mills, Jaipur vs. DCIT, Circle-3, Jaipur

In the result, this appeal of the assessee is allowed

ITA 1388/JPR/2019[2008-09]Status: DisposedITAT Jaipur15 Sept 2021AY 2008-09

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1388/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 Cuke M/S Bansiwala Iron & Steel Rolling Mills, D.C.I.T., 2Nd Floor, Somani Building, S.C. Link Vs. Circle-3, Road, Loha Mandi, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aadfb 2375 A Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Mahendra Gargieya & Shri Dewang Gargieya (Advs) Jktlo Dh Vksj Ls@ Revenue By: Shri Rajendra Singh (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/09/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/09/2021 Vkns'K@ Order

For Appellant: Shri Mahendra Gargieya &For Respondent: Shri Rajendra Singh (CIT-DR)
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 234ASection 69

…by a third party, the AO could not form an honest belief even Prima Facie. 3.4 supporting case laws in addition to w.r.f para 3.4 supporting case laws, the following further cases are also relied upon: 3.4.5 I n PCIT v/s Meenakshi Overseas Pvt. Ltd. (2017) 395 ITR 677 (Delhi), it was held that (DPB 20-32) “Where reassessment was resorted to on basis of information from DIT (Investigation) that assessee had received accommodation entry but and there was no independent application of mind by Assessing Officer to tangible material and reasons failed to demonstrate link between tangible material and formation of…

Pv Corporate Advisory Services Pvt Ltd, New Delhi vs. ITO Ward - 19(2), New Delhi

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

ITA 8027/DEL/2019[2010-11]Status: DisposedITAT Delhi07 Jul 2021AY 2010-11

Bench: Shri R.K. Pandaassessment Year: 2011-12 Pv Corporate Advisory Services Vs. Ito, Pvt. Ltd., Ward-19(3), C/O Rohit Tiwari, New Delhi. 8024, Ats Greens Paradiso, Chi Iv, Noida. Pan: Aadcp7328L (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 22.06.2021 Date Of Pronouncement : 07.07.2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 30Th May, 2019 Of The Cit(A)-7, New Delhi Relating To Assessment Year 2011-12. 2. The Grounds Raised By The Assessee Are As Under:-

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Shri R.K. Gupta, Sr. DR
Section 143(1)Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-1 : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2011-12 PV Corporate Advisory Services Vs. ITO, Pvt. Ltd., Ward-19(3), C/o Rohit Tiwari, New Delhi. 8024, ATS Greens Paradiso, CHI IV, Noida. PAN: AADCP7328L (Appellant) (Respondent) Assessee by : Shri Rohit Tiwari, Advocate Revenue by : Shri R.K. Gupta, Sr. DR Date of Hearing : 22.06.2021 Date of Pronouncement : 07.07.2021 ORDER This appeal filed by the assessee is directed against the order dated 30th May, 2019 of the CIT(A)-7, New Delhi relating to assessme…