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 366,470 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

Also reported as

82 Taxmann.com 300

Sections most often in play

Section 148Section 147Section 143(3)Section 68Section 151Section 142(1)Section 132Section 143(1)
Read the full judgment

Issues it is cited on

borrowed satisfactionlive linksection 151(1)tangible materialmaterial facts necessary for assessmentsection 148(2)kelvinatornon application of mindreason to believereopening of assessmentescapement of incomemere change of opinion

Judgments citing PCIT v. Meenakshi Overseas Pvt. Ltd.

Assistant Commissioner of Income Tax, Circle-1(1)(1), Meerut, Meerut (U.P.) vs. Nita Rastogi, Meerut (U.P.)

In the result, appeal of the Revenue is dismissed

ITA 3382/DEL/2025[2013-14]Status: DisposedITAT Delhi26 Nov 2025AY 2013-14

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2013-14] Acit Vs Nita Rastogi Circle-1(1)(1) 32-C, Janta Nagar, Garh Road, Meerut-250001. Meerut-250002. Pan-Aanpr7715E Appellant Respondent Revenue By Shri Shyam Manohar Singh, Sr.Dr Assessee By Dr. Kapil Goel, Adv. Date Of Hearing 23.09.2025 Date Of Pronouncement 26.11.2025

Section 139(1)Section 147Section 148Section 250Section 68Section 690

…rlying material available with him for reaching a conclusion that income chargeable to tax qua the petitioner had escaped assessment. [Para 15.1]" Principal Commissioner of Income-tax-6 vs. Meenakshi Overseas (P.) Ltd. [2017] 82 taxmann.com 300 (Delhi)/[2017] 395 ITR 677 (Delhi) [26-05-2017), it was held that ... Thus, the crucial link between the information made available to the Assessing Officer and the formation of belief is absent. The reasons must be self-evident, they must speak for themselves. The tangible material which forms the basis for the belief that income has escaped assessment must be evident fro…

Passion Realtech Pvt Ltd, Gurgaon vs. ;ACIT, Central Circle-2, Faridabad

In the result, Appeals in ITA

ITA 1269/DEL/2025[2012-13]Status: DisposedITAT Delhi26 Nov 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

Section 143(2)Section 147Section 148Section 151Section 153C

…elieve and made the addition. Accordingly, Ld. Assessee's Representative sought for allowing Ground No. 6.0 and 6.1 of the Assessee. The Ld. Counsel has relied on following judicial precedents in support of his contentions:- a) PCIT vs. Meenakshi Overseas (395 ITR 677). b) PCIT Vs. K. R. Pulp and Papers Ltd. (175 taxmann.com 278.) c) Shri MukutBehari Agarwal Vs. DCIt (ITA No. 1067/JP/2024). d) PCIT vs. G & G Pharma India Ltd. (384 ITR 147). 5. Per contra, the Ld. Department's Representative submitted that the case of the Assessee has been reopened in accordance with law and Passion Realtech Pvt. ltd. Vs. ACIT…

Passion Realtech Pvt Ltd, Gurgaon vs. ACIT, Central Circle-2, Faridabad

In the result, Appeals in ITA

ITA 1268/DEL/2025[2011-12]Status: DisposedITAT Delhi26 Nov 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

Section 143(2)Section 147Section 148Section 151Section 153C

…elieve and made the addition. Accordingly, Ld. Assessee's Representative sought for allowing Ground No. 6.0 and 6.1 of the Assessee. The Ld. Counsel has relied on following judicial precedents in support of his contentions:- a) PCIT vs. Meenakshi Overseas (395 ITR 677). b) PCIT Vs. K. R. Pulp and Papers Ltd. (175 taxmann.com 278.) c) Shri MukutBehari Agarwal Vs. DCIt (ITA No. 1067/JP/2024). d) PCIT vs. G & G Pharma India Ltd. (384 ITR 147). 5. Per contra, the Ld. Department's Representative submitted that the case of the Assessee has been reopened in accordance with law and Passion Realtech Pvt. ltd. Vs. ACIT…

Sunrise Propbuild Pvt Ltd., Delhi vs. ACIT, Central Circle-2, Faridabad

In the result, Appeals in ITA

ITA 1258/DEL/2025[2012-13]Status: DisposedITAT Delhi26 Nov 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Ita No. 1258/Del/2025 (A.Y. 2012-13) M/S Sunrise Propbuild Pvt. Ltd. V Assistant Commissioner Of House No. B-4, 1St Floor, Shop S Income Tax, Central Circle-Ii, No. 25, Ashirward Complex, Faridabad, Village Pitampura, New Delhi- Haryana-121001 110034 Pan: Aapcs2201K Appellant Respondent Assessee By Sh. S. S. Nagar, Ca Revenue By Ms.Suman Malik, Cit Dr Date Of Hearing 08/09/2025 Date Of Pronouncement 26/11/2025

Section 143(2)Section 147Section 148Section 151Section 153C

…elieve and made the addition. Accordingly, Ld. Assessee's Representative sought for allowing Ground No. 6.1 and 6.2 of the Assessee. The Ld. Counsel has relied on following judicial precedents in support of his contentions:- a) PCIT vs. Meenakshi Overseas (395 ITR 677). b) PCIT Vs. K. R. Pulp and Papers Ltd. (175 taxmann.com 278.) c) Shri MukutBehari Agarwal Vs. DCIt (ITA No. 1067/JP/2024). d) PCIT vs. G & G Pharma India Ltd. (384 ITR 147). Sunrise Propbuild Pvt. Ltd. Vs. ACIT 19. Per contra, the Ld. Department's Representative submitted that the case of the Assessee has been reopened in accordance with law…

Sunrise Porpbuild Pvt Ltd, Delhi vs. ACIT, Central Circle-2, Faridabad

In the result, Appeals in ITA

ITA 1257/DEL/2025[2011-12]Status: DisposedITAT Delhi26 Nov 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Ita No. 1258/Del/2025 (A.Y. 2012-13) M/S Sunrise Propbuild Pvt. Ltd. V Assistant Commissioner Of House No. B-4, 1St Floor, Shop S Income Tax, Central Circle-Ii, No. 25, Ashirward Complex, Faridabad, Village Pitampura, New Delhi- Haryana-121001 110034 Pan: Aapcs2201K Appellant Respondent Assessee By Sh. S. S. Nagar, Ca Revenue By Ms.Suman Malik, Cit Dr Date Of Hearing 08/09/2025 Date Of Pronouncement 26/11/2025

Section 143(2)Section 147Section 148Section 151Section 153C

…elieve and made the addition. Accordingly, Ld. Assessee's Representative sought for allowing Ground No. 6.1 and 6.2 of the Assessee. The Ld. Counsel has relied on following judicial precedents in support of his contentions:- a) PCIT vs. Meenakshi Overseas (395 ITR 677). b) PCIT Vs. K. R. Pulp and Papers Ltd. (175 taxmann.com 278.) c) Shri MukutBehari Agarwal Vs. DCIt (ITA No. 1067/JP/2024). d) PCIT vs. G & G Pharma India Ltd. (384 ITR 147). Sunrise Propbuild Pvt. Ltd. Vs. ACIT 19. Per contra, the Ld. Department's Representative submitted that the case of the Assessee has been reopened in accordance with law…

M/S Bajrang Lal Jindal, Kanpur vs. Astt. Commissioner of Income Tax-I, Kanpur

In the result, the appeal of the assessee is allowed

ITA 373/LKW/2017[2008-09]Status: DisposedITAT Lucknow20 Nov 2025AY 2008-09

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2008-09 M/S Bajrang Lal Jindal, 140, Vs. Asstt. Commissioner Of Income Anandpuri, Kanpur, U.P. Tax-I, Kanpur Pan: Aanpj5660J (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 27.08.2025 Date Of Pronouncement: 20.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)- Kanpur, Confirming The Addition Of Rs. 1,46,11,400/- Made To The Returned Income Of The Assessee As Unexplained Cash Credits By The Assessing Officer In His Order Dated 31.03.2016 For The Assessment Year 2008-09. The Grounds Of Appeal Are As Under: - “1. That The Ld. Cit (A) I, Kanpur Has Erred In Confirming Addition Of Rs. 14611400.00 To The Returned Income Of The Assessee As Unexplained Cash Credits. 2. That The Reasons Recorded For Initiation Of Proceedings U/S 147 By Issue Of Notice U/S 148 Were Based On Improper Premise & Accordingly No Legal & Factual Lengs To Stand & Acordingly All Subsequent Proceedings Are Bad In Law. 3. That The Observation Of The Ld. Cit (A) I, Kanpur Confirming View Of Ld. A O That M/S. Maa Devasar Commodity Is Inexistant Is Factually Incorrect. 4. That Ld. Cit (A) I, Kanpur Has Erred In Not Appreciating The Fact That When The Beneficiary Of The Funds Are Not The Assessee, There Could Be No Addition In His Hands.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. Amit Kumar, DR
Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW ‘B’ BENCH, LUCKNOW BEFORE SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER A.Y. 2008-09 M/s Bajrang Lal Jindal, 140, vs. Asstt. Commissioner of Income Anandpuri, Kanpur, U.P. Tax-I, Kanpur PAN: AANPJ5660J (Appellant) (Respondent) Assessee by: Sh. P.K. Kapoor, C.A. Revenue by: Sh. Amit Kumar, DR Date of hearing: 27.08.2025 Date of pronouncement: 20.11.2025 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the orders of the ld. CIT(A)- Kanpur, confirming the addition of Rs. 1,46,11,400/- made t…

Aroma Chemicals, Moradabad vs. ACIT, Circle-1, Moradabad

In the result, appeal filed by the assessee is allowed

ITA 2465/DEL/2025[2015-16]Status: DisposedITAT Delhi20 Nov 2025AY 2015-16

Bench: Yogesh Kumar U.S. & Shri Brajesh Kumar Singh

Section 144Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, B: NEW DELHI BEFORE YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No.- 2465/Del/2025 [Assessment Year: 2015-16] Aroma Chemicals, ACIT, Siddhi Sadan, Tiraha Tubewell Circle-1, Colony, Civil Lines, Moradabad. Vs Moradabad, Uttar Pradesh 244001. Uttar Pradesh-244001. PAN- AAFFA2222F Assessee Revenue Assessee by Shri Sorabh Rustogi, Adv. Revenue by Shri Rajesh Kumar Dhanesta, Sr. DR Date of Hearing 06.11.2025 Date of Pronouncement 20.11.2025 ORDER PER BRAJESH KUMAR SINGH, AM, This appeal by the assessee is directed agai…

Sheetal Bathla, Kota vs. Income Tax Officer Ward 1(2) Kota, Kota

In the result, appeal of the assessee is allowed

ITA 215/JPR/2025[2012-13]Status: DisposedITAT Jaipur17 Nov 2025AY 2012-13

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Shsrawan Kumar Gupta, AdvFor Respondent: Shri Gaurav Awasthi, JCIT
Section 142(1)Section 147Section 148Section 234ASection 250

…sh to the so-called accommodation entry provider to obtain the accommodation entry to plough back own funds, hence, there is no ground/material to form reasonable belief of any accommodation entry. (Refer PCIT Vs. Meenakshi Overseas P. Ltd. reported in [2017] 395 ITR 677 (Del). 6.5 In the case of Oryx Fisheries Pvt. Ltd. Vs. UOI reported in (2010) 13 SCC 427, it is held by the Hon'ble Supreme Court that the show cause notice should give the noticee a reasonable opportunity of making objections against proposed charges indicated in the notice and the person proceeded against must be told the charges against him so…

Vijit Singh, Jaipur vs. ITO Ward 3(2) Jaipur, Jaipur

In the result, the appeal of the assessee is allowed

ITA 1246/JPR/2025[2009-10]Status: DisposedITAT Jaipur17 Nov 2025AY 2009-10
For Appellant: Shri Shrawan Kumar Gupta, AdvFor Respondent: Shri Gaurav Awasthi, JCIT
Section 147Section 234ASection 250

…sh to the so-called accommodation entry provider to obtain the accommodation entry to plough back own funds, hence, there is no ground/material to form reasonable belief of any accommodation entry. (Refer PCIT Vs. Meenakshi Overseas P. Ltd. reported in [2017] 395 ITR 677 (Del). 1.5In the case of Oryx Fisheries Pvt. Ltd. Vs. UOI reported in (2010) 13 SCC 427, it is held by the Hon'ble Supreme Court that the show cause notice should give the noticee a reasonable opportunity of making objections against proposed charges indicated in the notice and the person proceeded against must be told the charges against him so…

The Principal Commissioner of Income Tax 2 Kolkata vs. Boothnath Vintrade Private Limited

In the result, the appeal of the assessee is allowed

ITAT/297/2024HC Calcutta14 Nov 2025

Bench: HON'BLE JUSTICE RAJARSHI BHARADWAJ,HON'BLE JUSTICE UDAY KUMAR

Section 147Section 148

…ORDER OD-7 ITAT/297/2024 IA NO: GA/1/2024 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE THE PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA VS. BOOTHNATH VINTRADE PRIVATE LIMITED BEFORE: THE HON’BLE JUSTICE RAJARSHI BHARADWAJ AND THE HON’BLE JUSTICE UDAY KUMAR Date : 14th November, 2025. Appearance: Mr. Soumen Bhattacharjee, Adv. Mr. Ankan Das, Adv. Ms. Shradhya Ghosh, Adv. … for Appellant Mr. Abhratosh Majumdar, Sr. Adv. Mr. Avra Mazumder, Adv. Mr. Kausheyo Roy, Adv. Ms. Alisha Das, Adv. Ms. Elina Dey, Adv. …for Respondent…

Guljar, Saharanpur vs. Income Tax Officer, Ward-3(5), Saharanpur

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

ITA 3797/DEL/2024[2009-10]Status: DisposedITAT Delhi14 Nov 2025AY 2009-10

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Ankit Gupta, Adv [through VC]For Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 143(3)Section 147Section 148Section 151Section 68

…date or the different date, which shows that the assessing officer has not applied his independent mind to the information available at AIR, which is contrary to the decision/ratio of Hon'ble Delhi High Court, in the case of Pr. CIT Vs. Meenakshi Overseas, 395 ITR 677 (Delhi), in which, the Hon'ble High Court has followed, its earlier decision in the case of Pr. CIT Vs. G & G Pharma India Ltd., 384 ITR 147 (Delhi). 10. The ld AR of the assessee submitted that the reason to believe recorded by Ld AO do not state that there is any escapement of income Page 5 of 10 [A.Y. 2009-10] Guljar Vs ITO by the assessee…

M/S. R S Vinimay Pvt. Ltd., Kolkata vs. ITO, Circle 11(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1513/KOL/2025[1513]Status: DisposedITAT Kolkata11 Nov 2025

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm M/S R.S. Vinimay Pvt. Ltd. Ito, Circle 11(3), 3A, National Library Avenue, Aaykar Bhawan, P-7, Alipore, Kolkata-700027 Chowringhee Square, Vs. West Bengal Kolkata-700069, West Bengal (Appellant) (Respondent) Pan No. Aadcr0739H Assessee By : Shri Giridhar Dhelia, Ar Revenue By : Shri Bonnie Deb Barma, Dr Date Of Hearing: 29.10.2025 Date Of Pronouncement: 11.11.2025

For Appellant: Shri Giridhar Dhelia, ARFor Respondent: Shri Bonnie Deb Barma, DR
Section 143(1)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, AM AND SHRI PRADIP KUMAR CHOUBEY, JM M/s R.S. Vinimay Pvt. Ltd. ITO, Circle 11(3), 3A, national Library Avenue, Aaykar Bhawan, P-7, Alipore, Kolkata-700027 Chowringhee Square, Vs. West Bengal Kolkata-700069, West Bengal (Appellant) (Respondent) PAN No. AADCR0739H Assessee by : Shri Giridhar Dhelia, AR Revenue by : Shri Bonnie Deb Barma, DR Date of hearing: 29.10.2025 Date of pronouncement: 11.11.2025 O R D E R Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centr…

Gitaben Dineshbhai Patel, Ahmedabad vs. ITO Ward 5(3)(1), Ahmedabad

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

ITA 717/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Anil Kshatriya, AdvocateFor Respondent: Shri Abhijit, Sr. DR
Section 10(38)Section 144BSection 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE DR. BRR KUMAR, VICE PRESIDENT & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER I.T.A. No.717/Ahd/2025 (Assessment Year: 2017-18) Gitaben Dineshbhai Patel, Vs. Income Tax Officer, 2nd Floor, Anison Building, Ward-5(3)(1), Swastik Society, Navrangpura, Ahmedabad Ahmedabad-380009 Now Income Tax Officer, Ward-1(2)(1), Ahmedabad [PAN No.ABEPP8382M] (Appellant) .. (Respondent) Appellant by : Shri Anil Kshatriya, Advocate Respondent by: Shri Abhijit, Sr. DR 14.08.2025 Date of Hearing Date of Pronouncement 04.11.2025 O R D E R PER SIDDHARTHA NAUTIYAL - JUDICIA…

Navneetbhai Ramanlal Patel, Ahmedabad vs. The ITO, Ward-2(1)(2), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 223/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2016-17

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.223/Ahd/2025 िनधा"रण वष" /Assessment Year : 2016-17 Navneetbhai Ramanlal Patel The Ito बनाम/ 19, New Ambica Park Society Ward-2(1)(2) V/S. D Cabin Sabarmati Ahmedabad – 380 051 Ahmedabad – 380 019 "थायी लेखा सं./Pan: Aqzpp 2479 D (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Hiren Trivedi, Ar Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/09/2025 घोषणा की तारीख /Date Of Pronouncement: 04/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 14/10/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2016-2017. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Hiren Trivedi, ARFor Respondent: Shri C. Dharani Nath, Sr.DR
Section 143(1)Section 144Section 147Section 148Section 234ASection 250Section 271(1)(c)

…erely on information from the Investigation Wing without independent application of mind by the Assessing Officer is invalid. ITA No223/Ahd/2025. Navneetbhai Ramanlal Patel Asst. Year : 2016-17 6 Similarly, in Meenakshi Overseas (P.) Ltd. v. Pr. CIT [2017] 395 ITR 677 (Del), the Hon’ble High Court observed that the reasons recorded must demonstrate a live link between the material relied upon and the belief formed; a mere reference to a general investigation report cannot justify reopening. The Hon’ble Gujarat High Court in Varshaben Sanatbhai Patel v. ITO (Tax Appeal No. 12873 of 2014, dated 13.10.2015) has a…

Rms Karamchari Bachat and Sakh Sahakari Samiti Limited Jaipur, Jaipur vs. ITO Ward-1(2), Jaipur

In the result, the appeals of the assessee are allowed

ITA 246/JPR/2025[2016-17]Status: DisposedITAT Jaipur13 Oct 2025AY 2016-17
For Appellant: Shri Deepak Sharma, C.AFor Respondent: Smt. Anita Rinesh, JCIT
Section 144Section 147Section 250

…t the assessee's bank statement. Such reliance on vague information without proper inquiry does not constitute “tangible material." This view has also been consistently upheld by various High Courts. For instance, in PCIT v. Meenakshi Overseas (P) Ltd. (2017) 395 ITR 677 (Delhi HC), it was held that mere reproduction of information from an external source without independent application of mind does not confer jurisdiction to reopen an assessment. Similarly, the Hon'ble Rajasthan High Court in CIT v. Shree Rajasthan Syntex Ltd. (2009) 313 ITR 231 (Raj.) held that suspicion, however strong, cannot substitute for t…

Rms Karamchari Bachat and Sakh Sahakari Samiti Limited Jaipur, Jaipur vs. ITO Ward-1(2), Jaipur

In the result, the appeals of the assessee are allowed

ITA 245/JPR/2025[2015-16]Status: DisposedITAT Jaipur13 Oct 2025AY 2015-16
For Appellant: Shri Deepak Sharma, C.AFor Respondent: Smt. Anita Rinesh, JCIT
Section 144Section 147Section 250

…t the assessee's bank statement. Such reliance on vague information without proper inquiry does not constitute “tangible material." This view has also been consistently upheld by various High Courts. For instance, in PCIT v. Meenakshi Overseas (P) Ltd. (2017) 395 ITR 677 (Delhi HC), it was held that mere reproduction of information from an external source without independent application of mind does not confer jurisdiction to reopen an assessment. Similarly, the Hon'ble Rajasthan High Court in CIT v. Shree Rajasthan Syntex Ltd. (2009) 313 ITR 231 (Raj.) held that suspicion, however strong, cannot substitute for t…

Rms Karamchari Bachat and Sakh Sahakari Samiti Limited Jaipur, Jaipur vs. ITO, Ward-1(2), Jaipur

In the result, the appeals of the assessee are allowed

ITA 244/JPR/2025[2014-15]Status: DisposedITAT Jaipur13 Oct 2025AY 2014-15
For Appellant: Shri Deepak Sharma, C.AFor Respondent: Smt. Anita Rinesh, JCIT
Section 144Section 147Section 250

…t the assessee's bank statement. Such reliance on vague information without proper inquiry does not constitute “tangible material." This view has also been consistently upheld by various High Courts. For instance, in PCIT v. Meenakshi Overseas (P) Ltd. (2017) 395 ITR 677 (Delhi HC), it was held that mere reproduction of information from an external source without independent application of mind does not confer jurisdiction to reopen an assessment. Similarly, the Hon'ble Rajasthan High Court in CIT v. Shree Rajasthan Syntex Ltd. (2009) 313 ITR 231 (Raj.) held that suspicion, however strong, cannot substitute for t…

Rms Karamchari Bachat and Sakh Sahakari Samiti Limited Jaipur, Jaipur vs. ITO Ward-1(2), Jaipur

In the result, the appeals of the assessee are allowed

ITA 243/JPR/2025[2013-14]Status: DisposedITAT Jaipur13 Oct 2025AY 2013-14
For Appellant: Shri Deepak Sharma, C.AFor Respondent: Smt. Anita Rinesh, JCIT
Section 144Section 147Section 250

…t the assessee's bank statement. Such reliance on vague information without proper inquiry does not constitute “tangible material." This view has also been consistently upheld by various High Courts. For instance, in PCIT v. Meenakshi Overseas (P) Ltd. (2017) 395 ITR 677 (Delhi HC), it was held that mere reproduction of information from an external source without independent application of mind does not confer jurisdiction to reopen an assessment. Similarly, the Hon'ble Rajasthan High Court in CIT v. Shree Rajasthan Syntex Ltd. (2009) 313 ITR 231 (Raj.) held that suspicion, however strong, cannot substitute for t…

Narendra Kachrulal Abad, Jalna vs. Income-Tax Officer, Ward - 1, Jalna

In the result, appeal of the assessee partly allowed

ITA 866/PUN/2019[2009-10]Status: DisposedITAT Pune06 Oct 2025AY 2009-10

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.866/Pun/2019 निर्धारण वषा / Assessment Year: 2009-10 Shri Narendra Kachrulal Abad, V The Income Tax Officer, Abad House, Nal Galli, S Ward-1, Jalna. Kadrabad, Jalna – 431203. Maharashtra. Pan: Acspa9531C Appellant/ Assessee Respondent / Revenue Assessee By Shri Hari Krishan – Ar Revenue By Shri Arvind Renge –Addl.Cit(Dr) Date Of Hearing 28/07/2025 Date Of Pronouncement 06/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)-1, Aurangabadpassed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2009-10 Dated 30.03.2019, Emanating From Order U/S.143(3) R.W.S 147Of The Income Tax Act, 1961, Dated 03.11.2017. The Assessee Has Raised The Following Concise Grounds Of Appeal :

Section 143(3)Section 148Section 250

…CTR 33 (Del)(HC) o CIT v. Multiplex Trading & Industrial Co Ltd (2015) 128 DTR 217 (Del) (HC) o Pr. CIT vs. G. Pharma India Ltd. (2017) 384 ITR 147 (Del) (HC) o CIT vs. Insecticides (India) Ltd. (2013) 357 ITR 300 (Del) (HC) Meenakshi Oversea's Pvt Ltd (2017) 395 ITR 677 CIT (Del) (HC) o CIT vs. Fair Invest Ltd. (2013) 357 ITR 146 (Del) (HC) Sarthank Securities Co. (P.) Ltd. Vs. ITO (2010) 329 ITR 110(Del.) (HC) o Pr. CIT vs. SNG Developers Ltd. (2018) 404 ITR 312 (Del.) (HC) o M/s.Coronation Agro Industries Ltd. Vs. Deputy Commissioner of Income-Tax Circle-6(2)(1). o Commissioner of Income Tax-13 Vs. Pat Commodi…

Pramod Gupta, Gurgaon vs. ITO Ward - 46(5), New Delhi

Accordingly the appeal of the assessee succeeds. The same is allowed

ITA 3648/DEL/2019[2010-11]Status: DisposedITAT Delhi30 Sept 2025AY 2010-11

Bench: Shri Anubhav Sharma & Shri Amitabh Shuklaassessment Year: 2010-11 Pramod Gupta, Vs Ito, B-44, Pinnacle, Sector-43, Ward-46(5), Dlf Phase-05, New Delhi. Gurgaon – 122 009. Pan: Aanpg2866P (Appellant) (Respondent) Assessee By : Shri K. Sampath, Advocate & Shri V. Rajakumar, Advocate Revenue By : Ms Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 30.09.2025

For Appellant: Shri K. Sampath, Advocate &For Respondent: Ms Harpreet Kaur Hansra, Sr. DR
Section 143(3)Section 147Section 148Section 151Section 68Section 69C

…106 ITR 1 (SC); (iii) CIT vs. Kelvinator of India Ltd. (20101) 320 ITR 561 (SC); (iv) ITO vs. Signature Hotels Pvt. Ltd. (2011) 338 ITR 51 (Del); (v) PCIT vs. G & G Pharma India Ltd. (2016) 384 ITR 147 (Del); (vi) PCIT vs. Meenakshi Overseas Pvt. Ltd. (2017) 395 ITR 677 (Del); & (vii) CCE vs. Andaman timber Industries (2015) 62 taxmann.com 3 (SC) 8. In the light of the aforesaid discussion, we are inclined to allow ground No.(i). As the reopening is vitiated, the assessment is liable to be quashed. 6 Accordingly the appeal of the assessee succeeds. The same is allowed. The impugned assessment is quashed. Orde…