Phool Chand Bajrang Lal v. ITO

203 ITR 456Supreme Court of India1993#186 most cited

What is Phool Chand Bajrang Lal v. ITO authority for?

Reassessment proceedings under Section 147 are valid even after a scrutiny assessment under Section 143(3), provided the Assessing Officer forms a reason to believe, based on definite, specific, and reliable information, that income escaped assessment due to the assessee's failure to fully and truly disclose material facts.

396

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2007 to 2026.

Also referred to as

Phool Chand Bajrang Lal · Section 147 reassessment · Section 148 notice · reason to believe income escaped · full and true disclosure failure · definite and reliable information · reopening after 143(3) assessment · validity of reassessment proceedings · income escaping assessment reason to believe · SC judgment reopening assessment

Also reported as

69 Taxmann 6274 SCC 7769 Taxmann.com 627

Sections most often in play

Section 147Section 148Section 143(3)Section 142(1)Section 151Section 68Section 139Section 133(6)
Read the full judgment

Issues it is cited on

section 147(a)true and full disclosurefull and true disclosurebeyond four yearslive linkmaterial facts necessary for assessmentkelvinatorborrowed satisfactionmere change of opinionincome escaping assessmentreason to believeescapement of income

Judgments citing Phool Chand Bajrang Lal v. ITO

M/S M.S. Associates, New Delhi vs. Deputy Commissioner of Income-Tax, New Delhi

ITA 4364/DEL/2015[2005-06]Status: DisposedITAT Delhi30 Apr 2019AY 2005-06

Bench: Shri Amit Shukla & Shri L.P. Sahu

For Appellant: Shri R.S. Singhvi & Shri SatyajeetFor Respondent: Shri Surender Pal, Sr.D.R
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 44A

…support, he has strongly relied upon the decision of Hon'ble Delhi High Court in the case of CIT vs. Nova Promoters & Finlease (P) Ltd., reported in (2012) 342 ITR 169 (Del.). He further relied upon three judgments, (i) Phool Chand Bajrang Lal vs. ITO, (1993) 203 ITR 456 (SC), (ii) ITO vs. Purushottam Das Bangur, (1997) 224 ITR 362 (iii) Sonia Gandhi vs. ACIT, (2018) 257 Taxman 515 (Del). I.T.A. No.4364/DEL/2015 10 9. In rejoinder, learned counsel submitted that here in this case Assessing Officer has referred to statement of 2006, whereas the ld. CIT (A) is referring to some different statement of Shri S.K. Gu…

I.T.O. - 3(1)(3), Mumbai vs. Cosmos Realtors Pvt. Ltd., Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 7150/MUM/2017[2006-07]Status: DisposedITAT Mumbai12 Apr 2019AY 2006-07

Bench: Shri G Manjunatha () & Shri Ravish Sood () Ito, 3(1)(3), Mumbai Vs M/S Cosmos Realtors Pvt Ltd 112, Makers Chambers-Iii Nariman Point, Mumbai- 400 021 Pan : Aaccc6177F Appellant Respondednt

Section 143(2)Section 143(3)Section 144Section 147Section 69B

…present at the time of original assessment would constitute a 'reason to believe that income had escaped assessment' within the meaning of section 147. Similar view has been taken by the apex court in the following cases :— (/) Phool Chand Bajrang Lal v. ITO 203 ITR 456, 477; (//) ALA Firm v. CIT 189 ITR 285, 298; (Hi) Indian and Eastern Newspaper Society v. C/7119 ITR 996, 1004; and (/V) ITO v. Lakhmani Mewal Das 103 ITR 437. 445. 5.2.7 In view of the above unambiguous view of judicial authorities with regard to discovery of new material facts, I do not find any merit in the contention of the appellant for this…

Kamal Kishoree Aggarwal, New Delhi vs. ACIT, Circle- 34(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 6628/DEL/2018[2009-10]Status: DisposedITAT Delhi12 Apr 2019AY 2009-10

Bench: Sh. N. S. Sainiita No. 6628/Del/2018 : Asstt. Year : 2009-10 Kamal Kishoree Aggarwal, Vs Acit, A-57, Ashok Vihar, Phase-I, Circle-34(1), New Delhi-110052 New Delhi (Appellant) (Respondent) Pan No. Ackpa3670L Assessee By : Sh. Pancham Sethi, Fca Revenue By : Sh. S. L. Anuragi, Sr. Dr Date Of Hearing: 11.04.2019 Date Of Pronouncement: 12.04.2019 Order This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)-12, New Delhi Dated 13.07.2018. 2. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case, The Order Passed U/S 250(6) By The Ld. Cit(A) Confirming The Assessment Order Passed U/S 143(3) R.W.S. 147 By The Ld. Assessing Officer Is Bad In Law. 2. The Ld. Cit(A) Has Erred Both In Law & On The Facts Of The Case By Upholding The Action Of The Ld. Assessing Officer To Initiate Reopening & Reassessment Of The Case U/S 147 Of The Income Tax Act 1961. 3. Ld. Cit(A) Has Erred In Confirming The Addition Of Rs. 5,96,177/- Made By Ld. Ao U/S 143(3) R.W.S. 147 By Treating Certain Share Transactions As Bogus. 4. Ld. Cit(A) Has Erred In Not Recognizing The Fact That The Client Code Modification (Ccm) Was Done To Rectify The Genuine Errors Held At The End Of Broker For Which The Assessee Was Not Responsible. 2 Kamal Kishoree Aggarwal 5. Ld. Cit(A) Has Erred In Confirming The Order Of Ld. Ao Even When The Ld. Ao Failed To Provide The Details Of The Transactions Where Client Code Was Modified. 6. Ld. Assessing Officer Has Erred Both In Law & On Facts Of The Case In Initiating Penalty Proceedings U/S 271(1)(C) Read With Section 274 Of The It Act, 1961. 7. The Appellant Craves Leave To Amend, Delete Or Add Any Grounds Of Appeal Before Or During The Course Of Hearing Of The Appeal.” 3. In Ground Nos. 1 & 2 Of The Appeal, The Assessee Has Challenged The Reopening Of Assessment Made U/S 147 Of The Act Is Bad In Law.

For Appellant: Sh. Pancham Sethi, FCAFor Respondent: Sh. S. L. Anuragi, Sr. DR
Section 143(3)Section 147Section 148Section 250(6)Section 271(1)(c)Section 274

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. N. S. Saini, Accountant Member ITA No. 6628/Del/2018 : Asstt. Year : 2009-10 Kamal Kishoree Aggarwal, Vs ACIT, A-57, Ashok Vihar, Phase-I, Circle-34(1), New Delhi-110052 New Delhi (APPELLANT) (RESPONDENT) PAN No. ACKPA3670L Assessee by : Sh. Pancham Sethi, FCA Revenue by : Sh. S. L. Anuragi, Sr. DR Date of Hearing: 11.04.2019 Date of Pronouncement: 12.04.2019 ORDER This is an appeal filed by the assessee against the order of CIT(A)-12, New Delhi dated 13.07.2018. 2. The assessee has raised following grounds of appeal: “1. On the facts…

The Asstt. Commissioner of Income Tax, Amritsar vs. M/S Khosla International, Batala

ITA 307/ASR/2016[2008-09]Status: DisposedITAT Amritsar27 Mar 2019AY 2008-09

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 307/Asr/2016 Assessment Year: 2008-09

For Appellant: Sh. Avish Mahajan (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(2)Section 143(3)Section 147Section 148(1)Section 14A

…nvestigation of the material on record, or by being more diligent in the matter, would not impede reassessment. The law in the matter is well settled, as explained in several decisions by the Apex Court, viz. PVS Beedis (supra); Phool Chand Bajrang Lal [1993] 203 ITR 456 (SC); ALA Firm (supra); Kalyanji Mavji & Co. v. CIT [1976] 102 ITR 287 (SC), to cite some. Per contra, the material/information does not necessarily have to be from an external source, and could be from the material on record, as further clarified in the afore-cited cases, as indeed in Sewak Ram (supra); Grover Nursing Home v. ITO [2001] 248 ITR…

Sapna Chauhan, Etawah vs. ITO, Etawah

In the result,both the appeals in ITA No

ITA 137/AGR/2018[2009-10]Status: DisposedITAT Agra22 Mar 2019AY 2009-10

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

Section 143(2)Section 143(3)Section 147Section 148Section 148(2)Section 234B

…his decision cannot, therefore, be taken as an authority on the legal issue which did not even come up for specific adjudication before Their Lordships. As for her reliance on Hon’ble Supreme Court’s judgment in the case of PhoolChand BajrangLal v. ITO [1993] 203 ITR 456 that was case in which Their Lordships concluded that the LEARNED ASSESSING OFFICER "rightly initiated the reassessment proceedings on the basis of subsequent information, which was specific relevant and reliable, and after recording the reasons for formation of his own belief that in the original assessment proceedings, the assessee had not disc…

Sanjay Sureshchandra Shah, Pune vs. Income-Tax Officer, Ward - 14(3), Pune

In the result, the appeal is partly allowed for statistical

ITA 6/PUN/2019[2010-11]Status: DisposedITAT Pune20 Mar 2019AY 2010-11

Bench: Shri R.S. Syalआयकर अपील सं. / Ita No.06/Pun/2019 िनधा"रण वष" / Assessment Year : 2010-11

Section 133ASection 147Section 148

…t stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction.’ 6. At this stage, it is relevant to take note of the judgment of the Hon’ble Supreme Court in Phoolchand Bajrang Lal and Anr vs. ITO and Anr (1993) 203 ITR 456 (SC), in which AO’s jurisdiction to initiate reassessment was challenged. Repelling the assessee’s arguments, the Hon’ble Supreme Court held that an ITO acquires jurisdiction to reopen assessment under s. 147(a) r/w s. 148 only if on the basis of specific, reliable and relevant information coming to his possession subsequently, he has reasons…

Sumati Kumar Lunia, Kolkata vs. ITO, Ward - 36(4), Kolkata

Appeal is allowed

ITA 457/KOL/2018[2009-10]Status: DisposedITAT Kolkata28 Feb 2019AY 2009-10

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 457/Kol/2018 Assessment Year : 2009-10 Sumati Kumar Lunia Vs. I.T.O Ward 36(4), Kolkata Pan: Aavpl 7736 M (Appellant) (Respondent)

For Appellant: Shri Subash Agarwal, Advocate, ld.ARFor Respondent: Shri C.J. Singh, JCIT, ld. Sr.DR
Section 143(1)(a)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH : KOLKATA [Before Hon’ble Shri S.S. Godara, JM] I.T.A No. 457/Kol/2018 Assessment Year : 2009-10 Sumati Kumar Lunia Vs. I.T.O Ward 36(4), Kolkata PAN: AAVPL 7736 M (Appellant) (Respondent) For the Appellant : Shri Subash Agarwal, Advocate, ld.AR For the Respondent : Shri C.J. Singh, JCIT, ld. Sr.DR Date of Hearing : 27-02-2019 Date of Pronouncement : 28-02-2019 ORDER 1. This assessee’s appeal for assessment year 2009-10 arises against the CIT(A)-10, Kolkata’s order dated 28-12-2017 passed in case no. 448/CIT(A)-10/W-36(4)/2009-10 involving proceedings u/…

Navneet Goenka, Kolkata vs. ITO, Ward - 44(1), Kolkata

Appeal is allowed

ITA 1613/KOL/2018[2009-10]Status: DisposedITAT Kolkata13 Feb 2019AY 2009-10

Bench: Shri S.S, Godaraassessment Year:2009-10

Section 143(3)Section 147Section 148

…decision cannot, therefore, be taken as an authority on the legal issue which did not even come up for specific adjudication before Their Lordships. As for her reliance on Hon’ble Supreme Court’s judgment in the case of Phool Chand Bajrang Lal Vs ITO [(1993) 203 ITR 456], that was case in which Their Lordships concluded that the AO “rightly initiated the reassessment proceedings on the basis of subsequent information, which was specific relevant and reliable, and after recording the reasons for formation of his own belief that in the ITA No.1613/Kol/2018 A.Y. 2009-10 Navnnet Goenka Vs. ITO 44(1) Kol. Page 5 orig…

ITO 13(3)(3), Mumbai vs. Vulvan Traders P. Ltd, Mumbai

ITA 4137/MUM/2015[2008-09]Status: DisposedITAT Mumbai30 Jan 2019AY 2008-09

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Years: 2008-09 Income Tax Officer-13(3)(3), M/S Vulvan Traders, 805, Room No.227,02Nd Floor, A Wingh, Corporate Avenue, बनाम/ Aayakar Bhavan, Sonawala Raod, Vs. M. K. Road, Goregaon East, Mumbai-400020 Mumbai-400063 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No.Aaacv1603K Assessment Years: 2008-09 M/S Vulvan Traders, 805, Income Tax Officer-13(3)(3), A Wingh, Corporate Room No.227,02Nd Floor, बनाम/ Avenue, Sonawala Raod, Aayakar Bhavan, Vs. Goregaon East, M. K. Road, Mumbai-400063 Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.Aaacv1603K

Section 143(1)Section 147Section 148

…s by the assessee which had not been disclosed during the original assessment proceedings, such initiation has been upheld. 2.13. In the case of Pal Jain v. ITO, (2004) 267 ITR 540, 544-45, 548, 549 (P & H), applying Phool Chand Bajrang Lal v. ITO, (1993) 203 ITR 456 (SC), although the transaction of sale of shares was disclosed and accepted in the original assessment, but the subsequent discovery by the DDI (Investigation) revealed that the transaction was not genuine, a reassessment notice after four years has been held to be valid because there was no true disclosure of the material facts. In this regard,…

Ppn Properties Pvt. Ltd., Delhi vs. ITO, Ward- 19(2), New Delhi

In the result, the appeals of the assessee are allowed

ITA 3060/DEL/2018[2009-10]Status: DisposedITAT Delhi16 Jan 2019AY 2009-10

Bench: Shri N.S. Sainiassessment Year: 2009-10

Section 131Section 143(3)Section 147Section 148

…he Assessing Officer must first discharge the burden of showing that income had escaped assessment. It was only thereafter that the assessees had to provide all the answers. The Tribunal arrived at the correct conclusion. Phool Chand Bajrang Lal v. ITO [1993] 203 ITR 456 (SC) (para 4) referred to.” 12. He then relied on the decision of the Delhi D Bench of the Tribunal Jiten Gurnami Vs. ITO vide ITA No. 4908/Del /2012 dated 31.03.2015 where it was held as under :- 4. We have heard the rival submissions, perused the material on record and duly considered facts of the case in the light of the applicable legal pos…

Prashant Agencies Pvt. Ltd., Delhi vs. ITO, Ward- 19(3), New Delhi

In the result, the appeals of the assessee are allowed

ITA 3059/DEL/2018[2009-10]Status: DisposedITAT Delhi16 Jan 2019AY 2009-10

Bench: Shri N.S. Sainiassessment Year: 2009-10

Section 131Section 143(3)Section 147Section 148

…he Assessing Officer must first discharge the burden of showing that income had escaped assessment. It was only thereafter that the assessees had to provide all the answers. The Tribunal arrived at the correct conclusion. Phool Chand Bajrang Lal v. ITO [1993] 203 ITR 456 (SC) (para 4) referred to.” 12. He then relied on the decision of the Delhi D Bench of the Tribunal Jiten Gurnami Vs. ITO vide ITA No. 4908/Del /2012 dated 31.03.2015 where it was held as under :- 4. We have heard the rival submissions, perused the material on record and duly considered facts of the case in the light of the applicable legal pos…

Smt. L Sudha Bala, L/R of Late Sri L.Narsa Reddy, Guntur vs. The DCIT, Special Range Guntur, Guntur

In the result, the appeals of the assessee are dismissed

ITA 261/VIZ/2012[1985-86]Status: DisposedITAT Visakhapatnam07 Dec 2018AY 1985-86

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.260 & 261/Viz/2012 (धििाारण िर्ा/ Assessment Years :1984-85 & 1985-86 Respectively) L.Sudha Bala Vs. Dy.Commissioner Of L/R Of Late Sri L Narasa Reddy Income Tax Prop.Sri Venkateswara Agro Chemicals Special Range Industries Guntur 2-14-101, Syamala Nagar 2Nd Lane, Guntur [Pan : Acgpl2351P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Smt. Suman Malik, DR
Section 143(3)Section 147Section 148Section 40A(3)

…l Singh vs. CIT E19591 35 ITR 1 (SC), Bankipur Club Ltd. vs. CIT [1971] 82 ITR 831 (SC), Indian and Eastern Newspaper Society vs. CIT [1979] 119 ITR 996 (5C), Claggett Brachi Co. Ltd. vs. CIT [1989] 177 ITR 409 (SC), and Phool Chand Bajrang Lal vs. ITO [1993] 203 ITR 456 (SC), the Apex Court has expressed similar opinion. Thus, once it is clear that the AO was in possession of the information, then it need not be acted upon immediately, may be subsequently also. 5.4. So far so good. The reasons recorded by the AO for the impugned assessment years were that the appellant had failed to disclose fully and truly all…

Smt. L Sudha Bala, L/R of Late Sri L.Narsa Reddy, Guntur vs. The DCIT, Special Range Guntur, Guntur

In the result, the appeals of the assessee are dismissed

ITA 260/VIZ/2012[1984-85]Status: DisposedITAT Visakhapatnam07 Dec 2018AY 1984-85

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.260 & 261/Viz/2012 (धििाारण िर्ा/ Assessment Years :1984-85 & 1985-86 Respectively) L.Sudha Bala Vs. Dy.Commissioner Of L/R Of Late Sri L Narasa Reddy Income Tax Prop.Sri Venkateswara Agro Chemicals Special Range Industries Guntur 2-14-101, Syamala Nagar 2Nd Lane, Guntur [Pan : Acgpl2351P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Smt. Suman Malik, DR
Section 143(3)Section 147Section 148Section 40A(3)

…l Singh vs. CIT E19591 35 ITR 1 (SC), Bankipur Club Ltd. vs. CIT [1971] 82 ITR 831 (SC), Indian and Eastern Newspaper Society vs. CIT [1979] 119 ITR 996 (5C), Claggett Brachi Co. Ltd. vs. CIT [1989] 177 ITR 409 (SC), and Phool Chand Bajrang Lal vs. ITO [1993] 203 ITR 456 (SC), the Apex Court has expressed similar opinion. Thus, once it is clear that the AO was in possession of the information, then it need not be acted upon immediately, may be subsequently also. 5.4. So far so good. The reasons recorded by the AO for the impugned assessment years were that the appellant had failed to disclose fully and truly all…

ACIT Non Corp Circle 1 (1) Formerly Known As Business Circle 1, Chennai vs. M/S Deolite Haskins & Sells, Chennai

ITA 2580/CHNY/2017[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Mr.AR.V.Sreenivasan,JCIT,D.RFor Respondent: Mr.S.P.Chidambaram,Advocate
Section 143(3)Section 37(1)

…by the assessee which had not been disclosed during the original assessment proceedings, such initiation has been upheld. 5.10. In the case of Pal Jain v. ITO, (2004) 267 ITR 540, 544-45, 548, 549 (P & H), applying Phool Chand Bajrang Lal v. ITO, (1993) 203 ITR 456 (SC), although the transaction of sale of shares was disclosed and accepted in the original assessment, but the subsequent discovery by the DDI (Investigation) revealed that the transaction was not genuine, a reassessment notice after four years has been held to be valid because there was no true disclosure of the material facts. In this regard…

ACIT Non Corp Circle 1 (1) Formerly Known As Business Circle 1, Chennai vs. M/S Deolite Haskins & Sells, Chennai

ITA 2579/CHNY/2017[2013-14]Status: DisposedITAT Chennai06 Dec 2018AY 2013-14

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Mr.AR.V.Sreenivasan,JCIT,D.RFor Respondent: Mr.S.P.Chidambaram,Advocate
Section 143(3)Section 37(1)

…by the assessee which had not been disclosed during the original assessment proceedings, such initiation has been upheld. 5.10. In the case of Pal Jain v. ITO, (2004) 267 ITR 540, 544-45, 548, 549 (P & H), applying Phool Chand Bajrang Lal v. ITO, (1993) 203 ITR 456 (SC), although the transaction of sale of shares was disclosed and accepted in the original assessment, but the subsequent discovery by the DDI (Investigation) revealed that the transaction was not genuine, a reassessment notice after four years has been held to be valid because there was no true disclosure of the material facts. In this regard…

ACIT Non Corp Circle 1 (1) Formerly Known As Business Circle 1, Chennai vs. M/S Deolite Haskins & Sells, Chennai

ITA 2578/CHNY/2017[2010-11]Status: DisposedITAT Chennai06 Dec 2018AY 2010-11

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Mr.AR.V.Sreenivasan,JCIT,D.RFor Respondent: Mr.S.P.Chidambaram,Advocate
Section 143(3)Section 37(1)

…by the assessee which had not been disclosed during the original assessment proceedings, such initiation has been upheld. 5.10. In the case of Pal Jain v. ITO, (2004) 267 ITR 540, 544-45, 548, 549 (P & H), applying Phool Chand Bajrang Lal v. ITO, (1993) 203 ITR 456 (SC), although the transaction of sale of shares was disclosed and accepted in the original assessment, but the subsequent discovery by the DDI (Investigation) revealed that the transaction was not genuine, a reassessment notice after four years has been held to be valid because there was no true disclosure of the material facts. In this regard…

Brijendra Nath Agarwal, Pune vs. Assistant Commissioner of Income-Tax

In the result, both the appeals of assessee are allowed as indicated above

ITA 1666/PUN/2015[2007-08]Status: DisposedITAT Pune29 Nov 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1666/Pun/2015 यििाारण वषा / Assessment Year : 2007-08 Shri Brijendra Nath Agarwal, Mzsk & Associates, Chartered Accountants Level 3, Business Bay, Plot No.84, Wellesley Road, अऩीऱाथी/Appellant Near Rto, Pune – 411001 …. Pan: Aawpa9005D Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Central Circle 2(1), Pune

For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri S.B. Prasad
Section 143(3)Section 147Section 148Section 153A

…e in reply, stated that abatement of proceedings can happen as per second proviso to section 153A of the Act. He relying on the orders of authorities below also placed reliance on the decision of Hon'ble Supreme Court in Phool Chand Bajrang Lal Vs. ITO (1993) 203 ITR 456 (SC) and also on the decision of Hon’ble High Court of Delhi in Bawa Abhai Singh Vs. DCIT (2002) 253 ITR 83 (Del). 14. The learned Authorized Representative for the assessee in rejoinder pointed out that case laws relied upon by the learned Departmental Representative for the Revenue do not cover the jurisdictional issue raised by the assessee.…

Agarwal Group Corporate Holding P. Ltd., Pune vs. Assistant Commissioner of Income-Tax

In the result, both the appeals of assessee are allowed as indicated above

ITA 1667/PUN/2015[2007-08]Status: DisposedITAT Pune29 Nov 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1666/Pun/2015 यििाारण वषा / Assessment Year : 2007-08 Shri Brijendra Nath Agarwal, Mzsk & Associates, Chartered Accountants Level 3, Business Bay, Plot No.84, Wellesley Road, अऩीऱाथी/Appellant Near Rto, Pune – 411001 …. Pan: Aawpa9005D Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Central Circle 2(1), Pune

For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri S.B. Prasad
Section 143(3)Section 147Section 148Section 153A

…e in reply, stated that abatement of proceedings can happen as per second proviso to section 153A of the Act. He relying on the orders of authorities below also placed reliance on the decision of Hon'ble Supreme Court in Phool Chand Bajrang Lal Vs. ITO (1993) 203 ITR 456 (SC) and also on the decision of Hon’ble High Court of Delhi in Bawa Abhai Singh Vs. DCIT (2002) 253 ITR 83 (Del). 14. The learned Authorized Representative for the assessee in rejoinder pointed out that case laws relied upon by the learned Departmental Representative for the Revenue do not cover the jurisdictional issue raised by the assessee.…

Vijay Kumar Jain, Ghaziabad vs. DCIT, Circle- 2, Ghaziabad

In the result appeal filed by assessee is partly allowed

ITA 3794/DEL/2018[2011-12]Status: DisposedITAT Delhi13 Nov 2018AY 2011-12

Bench: Smt. Beena A Pillai & Shri Prashant Maharishiay: 2011-12 Sh. Vijay Kumar Jain Dcit, Circle-2 Vs. Ka-49, Kavi Nagar Ghaziabad Ghaziabad, Up

For Appellant: Sh. Rohit Tiwari, AdvFor Respondent: Sh. Surender Pal, Sr. D.R
Section 131Section 147Section 148Section 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: ‘F’, NEW DELHI BEFORE SMT. BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AY: 2011-12 Sh. Vijay Kumar Jain DCIT, Circle-2 vs. KA-49, Kavi Nagar Ghaziabad Ghaziabad, UP PAN: AAJPJ7167 (Appellant) (Respondent) Assessee by: Sh. Rohit Tiwari, Adv. Department by : Sh. Surender Pal, Sr. D.R. Date of Hearing: 31.10.2018 Date of Pronouncement: 13.11.2018 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER 1. Present appeal has been filed by assessee against order of Ld. CIT(Appeals)-2, Noida dated 22.03.2018 for A.Y. 2011-12 on the follo…

Solo Hardware P. Ltd, Mumbai vs. Asst CIT Cir 5(3)(2), Mumbai

The appeals of the assessee are dismissed

ITA 1486/MUM/2017[2011-12]Status: DisposedITAT Mumbai24 Oct 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Ramit Kochar

Section 115JSection 139Section 142Section 142(1)Section 143Section 143(3)Section 147Section 148

…ts by the assessee which had not been disclosed during the original assessment proceedings, such initiation has been upheld. 2.12. In the case of Pal Jain v. ITO, (2004) 267 ITR 540, 544-45, 548, 549 (P & H), applying Phool Chand Bajrang Lal v. ITO, (1993) 203 ITR 456 (SC), although the transaction of sale of shares was disclosed and accepted in the original assessment, but the subsequent discovery by the DDI (Investigation) revealed that the transaction was not genuine, a reassessment notice after four years has been held to be valid because there was no true disclosure of the material facts. In this reg…