PCIT v. Quest Investment Advisors (P.) Ltd.

409 ITR 545High Court2018#1364 most cited

What is PCIT v. Quest Investment Advisors (P.) Ltd. authority for?

The Assessing Officer is bound by the rule of consistency and cannot take a contrary or different stand on an issue in a subsequent assessment year if the factual position remains identical to previous years where a deduction was allowed.

84

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2026.

Also referred to as

PCIT v. Quest Investment Advisors · 409 ITR 545 · rule of consistency · consistent view · Assessing Officer · contrary stand · identical factual position · deduction allowed · subsequent assessment year · section 143(3) · section 263

Issues it is cited on

Judgments citing PCIT v. Quest Investment Advisors (P.) Ltd.

DCIT 5(2)(1), Mumbai vs. Neelkamal Realtors & Erectors (I) P.Ltd, Mumbai

In the result, appeal filed by the assessee is allowed and the revenue’s appeal is dismissed

ITA 2128/MUM/2017[2012-13]Status: DisposedITAT Mumbai30 Aug 2019AY 2012-13

Bench: Shri Shamim Yahya (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2012-2013 Neelkamal Realtors & Erectors The Dcit-5(2)(1), (India) Private Limited, Room No. 571, 5Th Floor, 265-E, Bellasis Road, Aaykar Bhavan, Mumbai Central, Vs. Mumbai Mumbai - 400008 Pan: Aabcn9254D (Appellant) (Respondent) Assessment Year: 2012-2013 The Dy. Commissioner Of Income Neelkamal Realtors & Erectors Tax, Circle 5(2)(1), (India) Private Limited, R. No. 571, Aayakar Bhavan, 265-E, Bellasis Road, Opp. Best M.K. Road, Vs. Bus Depot, Mumbai Central, Mumbai - 400020 Mumbai - 400008 Pan: Aabcn9254D (Appellant) (Respondent) Assessee By : Ms. Aarti Vissanji (Ar) Shri Chaitnya Anjaria/Sh. Saravanan Revenue By : (Drs) Date Of Hearing: 30/08/2019 Date Of Pronouncement: 30/08/2019

For Appellant: Ms. Aarti Vissanji (AR)For Respondent: (DRs)
Section 143Section 143(2)Section 36Section 36(1)(iii)

…rest expenses in the earlier assessment years and in the present year there is no change of facts to deny the same. The Ld. counsel placing reliance on the judgment of the Hon’ble Bombay High Court in the case of Pr.CIT vs. Quest Investment Advisors Pvt. Ltd. 409 ITR 545 (Bom.) and the judgment of Hon’ble Karnataka High Court in the case of CIT vs. Sridev Enterprises 192 ITR 165 (Kar.), submitted that since the revenue has allowed the interest expenditure claimed by the assessee in previous and subsequent years, and since there is no material change in the facts of the present case, the Ld. CIT(A) ought to have d…

Neelkamal Realtors & Erectors (India) P.Ltd, Mumbai vs. DCIT Cir 5(2)(1), Mumbai

In the result, appeal filed by the assessee is allowed and the revenue’s appeal is dismissed

ITA 1942/MUM/2017[2012-13]Status: DisposedITAT Mumbai30 Aug 2019AY 2012-13

Bench: Shri Shamim Yahya (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2012-2013 Neelkamal Realtors & Erectors The Dcit-5(2)(1), (India) Private Limited, Room No. 571, 5Th Floor, 265-E, Bellasis Road, Aaykar Bhavan, Mumbai Central, Vs. Mumbai Mumbai - 400008 Pan: Aabcn9254D (Appellant) (Respondent) Assessment Year: 2012-2013 The Dy. Commissioner Of Income Neelkamal Realtors & Erectors Tax, Circle 5(2)(1), (India) Private Limited, R. No. 571, Aayakar Bhavan, 265-E, Bellasis Road, Opp. Best M.K. Road, Vs. Bus Depot, Mumbai Central, Mumbai - 400020 Mumbai - 400008 Pan: Aabcn9254D (Appellant) (Respondent) Assessee By : Ms. Aarti Vissanji (Ar) Shri Chaitnya Anjaria/Sh. Saravanan Revenue By : (Drs) Date Of Hearing: 30/08/2019 Date Of Pronouncement: 30/08/2019

For Appellant: Ms. Aarti Vissanji (AR)For Respondent: (DRs)
Section 143Section 143(2)Section 36Section 36(1)(iii)

…rest expenses in the earlier assessment years and in the present year there is no change of facts to deny the same. The Ld. counsel placing reliance on the judgment of the Hon’ble Bombay High Court in the case of Pr.CIT vs. Quest Investment Advisors Pvt. Ltd. 409 ITR 545 (Bom.) and the judgment of Hon’ble Karnataka High Court in the case of CIT vs. Sridev Enterprises 192 ITR 165 (Kar.), submitted that since the revenue has allowed the interest expenditure claimed by the assessee in previous and subsequent years, and since there is no material change in the facts of the present case, the Ld. CIT(A) ought to have d…