Prashant S. Joshi v. ITO

324 ITR 154High Court2010#538 most cited

What is Prashant S. Joshi v. ITO authority for?

Reasons recorded under Section 148 for reopening an assessment are jurisdictional facts that form the sole basis for assuming power and cannot be changed, supplemented, or corrected later. Such reasons must be based on fresh tangible material indicating income escapement.

179

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

Prashant S. Joshi v. ITO · 324 ITR 154 · Section 147 · Section 148 · reasons recorded · reassessment validity · reasons cannot be supplemented · tangible material · jurisdictional facts · reopening of assessment · escapement of income

Also reported as

189 Taxmann 1190 CTR 166

Sections most often in play

Section 147Section 148Section 143(3)Section 68Section 151Section 153CSection 132(4)Section 143(1)
Read the full judgment

Issues it is cited on

books or books of accountsection 2(12a)section 2(40)section 148(2)going concerndumb documentsborrowed satisfactionescapement of incometangible materialkelvinatorreopening of assessmentreason to believe

Judgments citing Prashant S. Joshi v. ITO

Prathima Eggsel Private Limited, Hyderabad vs. ACIT., Central Circle-2(4), Hyderabad

In the result, ITA.No.1322 & 1323/Hyd

ITA 1326/HYD/2024[2017-18]Status: DisposedITAT Hyderabad09 Apr 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Respondent: Shri B. Bala Krishna, CIT-DR
Section 132Section 153CSection 153DSection 263

…he Learned Counsel for the Assessee, relied on the decision of Hon'ble Bombay High Court in the cases of Hindustan Lever vs., RB Wadkar [2004] 268 ITR 332 (Bombay); Aroni Chemicals Ltd vs., DCIT [2014] 362 ITR 403 (Bombay) and Prashant S. Joshi Vs. ITO (2010) 324 ITR 154 (Bombay) [copy of orders are placed in the paper book-1 at Page Nos.268 to 279] that the reasons recorded by the Assessing Officer for re-opening cannot be improved or substituted or supplemented at a later stage when subjected to judicial challenge and the issue of whether the AO had reasons to believe that the 21 ITA.Nos.1322 to 1327 & 1329, 13…

Prathima Resorts & Restaurants Private Limited, Hyderabad vs. ACIT., Central Circle-2(4), Hyderabad

In the result, ITA.No.1322 & 1323/Hyd

ITA 1324/HYD/2024[2017-18]Status: DisposedITAT Hyderabad09 Apr 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Respondent: Shri B. Bala Krishna, CIT-DR
Section 132Section 153CSection 153DSection 263

…he Learned Counsel for the Assessee, relied on the decision of Hon'ble Bombay High Court in the cases of Hindustan Lever vs., RB Wadkar [2004] 268 ITR 332 (Bombay); Aroni Chemicals Ltd vs., DCIT [2014] 362 ITR 403 (Bombay) and Prashant S. Joshi Vs. ITO (2010) 324 ITR 154 (Bombay) [copy of orders are placed in the paper book-1 at Page Nos.268 to 279] that the reasons recorded by the Assessing Officer for re-opening cannot be improved or substituted or supplemented at a later stage when subjected to judicial challenge and the issue of whether the AO had reasons to believe that the 21 ITA.Nos.1322 to 1327 & 1329, 13…

Msn Institute of Medical Sciences Private Limited, Hyderabad vs. ACIT., Central Circle-2(4), Hyderabad

In the result, ITA.No.1322 & 1323/Hyd

ITA 1323/HYD/2024[2018-19]Status: DisposedITAT Hyderabad09 Apr 2025AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Respondent: Shri B. Bala Krishna, CIT-DR
Section 132Section 153CSection 153DSection 263

…he Learned Counsel for the Assessee, relied on the decision of Hon'ble Bombay High Court in the cases of Hindustan Lever vs., RB Wadkar [2004] 268 ITR 332 (Bombay); Aroni Chemicals Ltd vs., DCIT [2014] 362 ITR 403 (Bombay) and Prashant S. Joshi Vs. ITO (2010) 324 ITR 154 (Bombay) [copy of orders are placed in the paper book-1 at Page Nos.268 to 279] that the reasons recorded by the Assessing Officer for re-opening cannot be improved or substituted or supplemented at a later stage when subjected to judicial challenge and the issue of whether the AO had reasons to believe that the 21 ITA.Nos.1322 to 1327 & 1329, 13…

Dharmil Anil Bodani, Mumbai vs. ACIT, Circle-19(1), Mumbai

In the result, appeal of the assessee is allowed on legal grounds

ITA 648/MUM/2024[2012-13]Status: DisposedITAT Mumbai25 Mar 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(1)Section 143(3)Section 147Section 148Section 68Section 69C

…ased on the information received from ITO Ward 3(4) Sharanpur.” 5. Thereafter, assessee relied upon the judgment of Hon’ble Jurisdictional High Court in the case of Hindustan Lever Ltd., vs. DCIT reported in 137 Taxman 479; Prashant Joshi vs. ITO reported in 324 ITR 154; and Indivest Pte Ltd. vs. Addl. 6 Dharmil Anil Bodani Commissioner of Income Tax reported in 350 ITR 120. Thus, it was categorically objected that there is a factual error and there is no application of mind and therefore, entire notice is bad in law. Despite this specific objection, the AO did not dispose of the assessee’s objection and neithe…

Hungry and Foolish Intellectual Properties Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle-1(2), Bengaluru

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

ITA 1575/BANG/2024[2015-16]Status: DisposedITAT Bangalore24 Mar 2025AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

For Appellant: Shri C. Ramesh, CAFor Respondent: Ms. Neha Sahay, Jt.CIT(DR)(ITAT), Bengaluru
Section 131Section 132(4)Section 147Section 148Section 151Section 153CSection 37Section 68

…eassessment proceedings. Nothing can be added to these reasons nor anything can be deleted from the same. To highlight this aspect of the matter, we may refer to the following observations made by their Lordships in the case of Prashant S. Joshi v. ITO [2010] 324 ITR 154/189 Taxman 1 (Bom.). 'Sec. 147 provides that if the AO has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of ss. 148 to 163, assess or reassess such income and also any other income chargeable to tax, which has escaped assessment and which comes to his notice su…

Hungry and Foolish Intellectual Properties Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle-1(2), Bengaluru

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

ITA 1573/BANG/2024[2013-14]Status: DisposedITAT Bangalore24 Mar 2025AY 2013-14

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

For Appellant: Shri C. Ramesh, CAFor Respondent: Ms. Neha Sahay, Jt.CIT(DR)(ITAT), Bengaluru
Section 131Section 132(4)Section 147Section 148Section 151Section 153CSection 37Section 68

…eassessment proceedings. Nothing can be added to these reasons nor anything can be deleted from the same. To highlight this aspect of the matter, we may refer to the following observations made by their Lordships in the case of Prashant S. Joshi v. ITO [2010] 324 ITR 154/189 Taxman 1 (Bom.). 'Sec. 147 provides that if the AO has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of ss. 148 to 163, assess or reassess such income and also any other income chargeable to tax, which has escaped assessment and which comes to his notice su…

N 9 Sports & Leisure Holdings Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle -1(2), Bengaluru

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

ITA 1570/BANG/2024[2015-16]Status: DisposedITAT Bangalore24 Mar 2025AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

For Appellant: Shri C. Ramesh, CAFor Respondent: Ms. Neha Sahay, Jt.CIT(DR)(ITAT), Bengaluru
Section 131Section 132(4)Section 147Section 148Section 151Section 153CSection 37Section 68

…eassessment proceedings. Nothing can be added to these reasons nor anything can be deleted from the same. To highlight this aspect of the matter, we may refer to the following observations made by their Lordships in the case of Prashant S. Joshi v. ITO [2010] 324 ITR 154/189 Taxman 1 (Bom.). 'Sec. 147 provides that if the AO has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of ss. 148 to 163, assess or reassess such income and also any other income chargeable to tax, which has escaped assessment and which comes to his notice su…

N 9 Sports & Leisure Holdings Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle-1(2), Bangalore

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

ITA 1568/BANG/2024[2013-14]Status: DisposedITAT Bangalore24 Mar 2025AY 2013-14

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

For Appellant: Shri C. Ramesh, CAFor Respondent: Ms. Neha Sahay, Jt.CIT(DR)(ITAT), Bengaluru
Section 131Section 132(4)Section 147Section 148Section 151Section 153CSection 37Section 68

…eassessment proceedings. Nothing can be added to these reasons nor anything can be deleted from the same. To highlight this aspect of the matter, we may refer to the following observations made by their Lordships in the case of Prashant S. Joshi v. ITO [2010] 324 ITR 154/189 Taxman 1 (Bom.). 'Sec. 147 provides that if the AO has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of ss. 148 to 163, assess or reassess such income and also any other income chargeable to tax, which has escaped assessment and which comes to his notice su…

Rakesh Mulchand Kothari, Mumbai vs. Income Tax Officer, WD-26(2)(5), Mumbai

ITA 6598/MUM/2024[2015-16]Status: DisposedITAT Mumbai28 Feb 2025AY 2015-16

Bench: Due Date For Filing The Return Of Income U/S 139(4) Viz. 31/03/2017, Thereby The Notice U/S.148 & Consequential Reassessment Order Passed U/S.147 Is Bad In Law;

For Respondent: Shri Prakash Jhunjhunwala
Section 10(38)Section 131Section 139(4)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

…f the reasons are tested on standalone basis, it clearly demonstrates non-application of mind by the Learned Assessing Officer. In this regard reliance was placed by the CIT(A) on the judgment of the Hon'ble Bombay High Court in case of Prashant S Joshi V ITO 324 ITR 154 [BOM] and Principal Commissioner of Income tax Shodiman Investments P Ltd [422 ITR 337] which were followed in the decision of the Tribunal in the case of Reena Rakesh Kothari (supra). 7. In response, the Learned Departmental Representative supported the reasons recorded for reopening the assessment and placed reliance on the order passed by the…

Manoj Madanlal Chhajed, Pune vs. The Assistant Commissioner of Income Tax, Central Circle-1(1), Pune

In the result, both the appeals filed by the assessee are allowed

ITA 2017/PUN/2024[2011-12]Status: DisposedITAT Pune19 Feb 2025AY 2011-12

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: Shri Suhas P Bora, H G Sharma
Section 132Section 132(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…be mentioned here that the proposition of law enunciated in Lakhmani Mewal Das (supra) has withstood the test of time and is being consistently applied while examining challenge to a notice issued under section 148 of the Act 34 In Prashant S. Joshi -vs- ITO, 324 ITR 154, this Court observed that the basic postulate which underlines section 147 is formation of the belief by the Assessing Officer that any income chargeable to tax has escaped assessment for any assessment year. In other words, the Assessing Officer must have reason to believe that income chargeable to tax for a particular assessment year has escap…

Income Tax Officer, Kautaliya Bhavan, Bkc vs. Rajnish Bharti HUF, Darukhana

In the result, both the appeals of the assessee are dismissed

ITA 4378/MUM/2023[2009-10]Status: DisposedITAT Mumbai30 Jan 2025AY 2009-10

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Appellant: Mr. C.V. JainFor Respondent: Mrs. Sanyogita Nagpal, CIT-DR
Section 142(1)Section 143(3)Section 148

…ons to believe and relied upon the Supreme Court's judgment ITO Vs LakhnaniMewaldas 103 ITR 437, Kelvinator of India Ltd 320 /TR 561 (Supreme Court), CIT Vs Lucas TVS Ltd 249 ITR 306. The assessee thereafter relied on the judgment of Prashant S. Joshi Vs. ITO 324 ITR 154 to contend that the AO was not having tangible material before him for reopening. Assessee also stated that the information of Sales Tax Department is also irrelevant as Sales Tax Department is more concern with set of taken by dealers under MVAT Act and since the vendor dealer does not paid tax the set off is disallowed and accordingly the deale…

Income Tax Officer 41(3)(3), Bkc vs. Rajnish Bharti HUF, Darukhana

In the result, both the appeals of the assessee are dismissed

ITA 4377/MUM/2023[2010-11]Status: DisposedITAT Mumbai30 Jan 2025AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Appellant: Mr. C.V. JainFor Respondent: Mrs. Sanyogita Nagpal, CIT-DR
Section 142(1)Section 143(3)Section 148

…ons to believe and relied upon the Supreme Court's judgment ITO Vs LakhnaniMewaldas 103 ITR 437, Kelvinator of India Ltd 320 /TR 561 (Supreme Court), CIT Vs Lucas TVS Ltd 249 ITR 306. The assessee thereafter relied on the judgment of Prashant S. Joshi Vs. ITO 324 ITR 154 to contend that the AO was not having tangible material before him for reopening. Assessee also stated that the information of Sales Tax Department is also irrelevant as Sales Tax Department is more concern with set of taken by dealers under MVAT Act and since the vendor dealer does not paid tax the set off is disallowed and accordingly the deale…

Rajnish Bharti HUF, Mumbai vs. The Income Tax Officer 20(3)(1), Mumbai, Lalbaug

In the result, both the appeals of the In the result, both the appeals of the assessee are dismissed assessee are dismissed whereas appeals of the Revenue are allowed

ITA 3941/MUM/2023[2010-11]Status: DisposedITAT Mumbai30 Jan 2025AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Appellant: Mrs. Sanyogita Nagpal, CIT-DRFor Respondent: Mr. C.V. Jain
Section 143(3)Section 148

…(Supreme Court), CIT Vs Lucas TVS Ltd 249 ITR 306. The assessee thereafter relied on the ITR 306. The assessee thereafter relied on the ITR 306. The assessee thereafter relied on the judgment of Prashant S. Joshi Vs. ITO judgment of Prashant S. Joshi Vs. ITO 324 ITR 154 to contend 324 ITR 154 to contend that the AO was not having tangible material before him for that the AO was not having tangible material before him for that the AO was not having tangible material before him for reopening. Assessee also stated that the information of Sales ssessee also stated that the information of Sales ssessee also stated th…

Rajnish Bharti HUF, Mumbai vs. The Income Tax Officer 20(3)(1), Mumbai, Lalbaug

In the result, both the appeals of the In the result, both the appeals of the assessee are dismissed assessee are dismissed whereas appeals of the Revenue are allowed

ITA 3912/MUM/2023[2009-10]Status: DisposedITAT Mumbai30 Jan 2025AY 2009-10

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Appellant: Mrs. Sanyogita Nagpal, CIT-DRFor Respondent: Mr. C.V. Jain
Section 143(3)Section 148

…(Supreme Court), CIT Vs Lucas TVS Ltd 249 ITR 306. The assessee thereafter relied on the ITR 306. The assessee thereafter relied on the ITR 306. The assessee thereafter relied on the judgment of Prashant S. Joshi Vs. ITO judgment of Prashant S. Joshi Vs. ITO 324 ITR 154 to contend 324 ITR 154 to contend that the AO was not having tangible material before him for that the AO was not having tangible material before him for that the AO was not having tangible material before him for reopening. Assessee also stated that the information of Sales ssessee also stated that the information of Sales ssessee also stated th…

The Modern Construction Co. Pvt. Ltd., Ahmedabad vs. ITO, Ward-2(1)(4), Ahmedabad

The appeal of the assessee is allowed for statistical

ITA 432/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad23 Jan 2025AY 2013-14

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri Tushar Hemani, Sr.AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CIT-DR
Section 132Section 153ASection 153CSection 250(6)Section 271(1)(c)

…to the knowledge of the Ao concerned at a “later stage” (say, during the “consequential assessment proceedings”) cannot be relied upon for justifying “assumption of jurisdiction u/s 153C”. Reliance is placed on following decisions: Prashant S. Joshi vs. ITO – 324 ITR 154 (Bom) – Para 9 (Pgs.6-13); Kantibhai D. Narola v ACIT− 436 ITR 302 (Guj) Para 32(i) (Pgs.14-25); Hindustan Lever Ltd. – 268 ITR 332 (Bom) – Para 20 (Pgs.26-29); In the facts of the present case, - Contents of the satisfaction note do not indicate that the so-called material has a bearing on determination of total income for AY 2013-14; In fact, t…

The United Builders Corporation, Ahmedabad vs. Dy.CIT, Central Circle-1(1), Ahmedabad

The appeal of the assessee is allowed for statistical

ITA 3465/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad23 Jan 2025AY 2013-14

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

Section 132Section 153ASection 153CSection 250(6)Section 271(1)(c)

…to the knowledge of the Ao concerned at a “later stage” (say, during the “consequential assessment proceedings”) cannot be relied upon for justifying “assumption of jurisdiction u/s 153C”. Reliance is placed on following decisions: Prashant S. Joshi vs. ITO – 324 ITR 154 (Bom) – Para 9 (Pgs.6-13); Kantibhai D. Narola v ACIT− 436 ITR 302 (Guj) Para 32(i) (Pgs.14-25); Hindustan Lever Ltd. – 268 ITR 332 (Bom) – Para 20 (Pgs.26-29); In the facts of the present case, - Contents of the satisfaction note do not indicate that the so-called material has a bearing on determination of total income for AY 2013-14; In fact, t…

Modern Construction Co. Pvt. Ltd., Ahmedabad vs. The Dy.CIT, Central Circle-1(1), Ahmedabad

The appeal of the assessee is allowed for statistical

ITA 3464/AHD/2016[2013-14 (Q-4)]Status: DisposedITAT Ahmedabad23 Jan 2025

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri Tushar Hemani, Sr.AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CIT-DR
Section 132Section 153ASection 153CSection 250(6)Section 271(1)(c)

…to the knowledge of the Ao concerned at a “later stage” (say, during the “consequential assessment proceedings”) cannot be relied upon for justifying “assumption of jurisdiction u/s 153C”. Reliance is placed on following decisions: Prashant S. Joshi vs. ITO – 324 ITR 154 (Bom) – Para 9 (Pgs.6-13); Kantibhai D. Narola v ACIT− 436 ITR 302 (Guj) Para 32(i) (Pgs.14-25); Hindustan Lever Ltd. – 268 ITR 332 (Bom) – Para 20 (Pgs.26-29); In the facts of the present case, Contents of the satisfaction note do not indicate that the so-called material has a bearing on determination of total income for AY 2013-14; In fact, the…

Quadeye Securities Pvt. Ltd., Kolkata vs. DCIT, Cir. 11(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 792/KOL/2024[2011-12]Status: DisposedITAT Kolkata07 Oct 2024AY 2011-12

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.792/Kol/2024 Assessment Year: 2011-12 Quadeye Securities Pvt. Ltd..………...........………………....Appellant 184, Harish Mukherjee Road, 1St Floor, Kolkata-700026. [Pan: Aabce7790H] Vs. Dcit, Circle-11(1), Kolkata….………….…............................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Fca, Appeared On Behalf Of The Assessee. Shri Vineet Kumar, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : July 08, 2024 Date Of Pronouncing The Order : October 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer On Account Of Disallowance Of Loss Of Rs.2,47,48,393/- Incurred By The Assessee In Commodities Dealing In National Multi Commodity Exchange Of India Limited (‘Nmce’) Platform & Further Making Addition Of Rs.4,92,263/- U/S 69C Of The Act On Account Of Alleged Commission That Might Have Been Paid By The Assessee In Booking The Aforesaid Bogus Loss In Commodity Trading.

Section 147Section 250Section 69C

…bmitted that reopening of assessment in this case was bad in law. 4.3 The ld. counsel, in this respect, has relied upon the following case laws: 1. Hindustan Lever Ltd. -vs- R.B. Wadkar - [2004] 137 Taxman 479 (Bombay) / [2004] 268 ITR 332 (Bombay) / [2004] 190 CTR 166 (Bombay) I.T.A. No.792/Kol/2024 Assessment Year: 2011-12 Quadeye Securities Pvt. Ltd 2. PCIT -vs- Meenakshi Overseas (P.) Ltd [2017] 82 taxmann.com 300 (Delhi) / [2017] 395 ITR677 (Delhi) 3. PCIT -Vs- G &G Pharma India Ltd [2017] 81 taxmann.com 109 (Delhi) / (2016] 384 ITR 147 (Delhi) 4. PCIT -vs- Shodiman Investments (P.) Ltd [2018] 93 taxman…

Anil Chaudhary, New Delhi vs. ACIT Central Circle-17, New Delhi

In the result, appeals filed by the assessee are allowed

ITA 2938/DEL/2023[2017-18]Status: DisposedITAT Delhi30 Aug 2024AY 2017-18

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Ms. Amisha Gupt, CIT DR
Section 127Section 143(2)Section 153ASection 153CSection 153DSection 69C

…is placed on the following judgments: i) 359 ITR 106 (Del) CIT vs. Living Media India Ltd. (pages 90-96 of JPB) ii) 439 ITR 333 (Bom) Hindustan Lever Ltd. v. DCIT (pages 112-114 of JPB) iii) 355 ITR 102 (Bom) Dynacraft Air Controls vs. Sneha Joshi and Ors iv) 324 ITR 154 (Bom) Prashant S. Joshi vs. ITO(pages 82-89 of JPB) v) 455 ITR 286 (Bom) Tumkur Minerals (P) Ltd. v. JCIT vi) 456 ITR 261 (Bom) Survival Technologies (P) Ltd. v. DCIT vii) 69 ITR 461 (All) Jamna Lal Kabra v. ITO viii) 189 ITR 786 (Pat) CIT v. Agarwalla Brothers ix) 272 ITR 154 (Raj) BanswaraSyntex Ltd. v. ACIT x) 174 ITR 741 (Cal) Equitable Inves…

Anil Chaudhary, New Delhi vs. ACIT Central Circle-17, New Delhi

In the result, appeals filed by the assessee are allowed

ITA 2937/DEL/2023[2016-17]Status: DisposedITAT Delhi30 Aug 2024AY 2016-17

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Ms. Amisha Gupt, CIT DR
Section 127Section 143(2)Section 153ASection 153CSection 153DSection 69C

…is placed on the following judgments: i) 359 ITR 106 (Del) CIT vs. Living Media India Ltd. (pages 90-96 of JPB) ii) 439 ITR 333 (Bom) Hindustan Lever Ltd. v. DCIT (pages 112-114 of JPB) iii) 355 ITR 102 (Bom) Dynacraft Air Controls vs. Sneha Joshi and Ors iv) 324 ITR 154 (Bom) Prashant S. Joshi vs. ITO(pages 82-89 of JPB) v) 455 ITR 286 (Bom) Tumkur Minerals (P) Ltd. v. JCIT vi) 456 ITR 261 (Bom) Survival Technologies (P) Ltd. v. DCIT vii) 69 ITR 461 (All) Jamna Lal Kabra v. ITO viii) 189 ITR 786 (Pat) CIT v. Agarwalla Brothers ix) 272 ITR 154 (Raj) BanswaraSyntex Ltd. v. ACIT x) 174 ITR 741 (Cal) Equitable Inves…