Principal Commissioner of Income Tax v. Abhisar Buildwell P. Ltd.

332 CTR 385Supreme Court of India2023#9194 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2024 to 2025.

Also reported as

225 DTR 105

Sections most often in play

Section 132Section 133ASection 153ASection 234BSection 234CSection 139(1)Section 40(a)(ia)Section 40A(3)

Issues it is cited on

section 40(a)(3)section 113bogus share capitalsection 142aonus of proofreference to tposection 158bbretrospective amendmentsection 40a(ia)source of sourceblock periodrejection of books of account

Judgments citing Principal Commissioner of Income Tax v. Abhisar Buildwell P. Ltd.

DCIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. KAMLAPRABHA L/H OF LATE SHRI GOPAL LAL JI GOSWAMI, KOTA

In the result, the appeal of the revenue is dismissed and the Cross objection of the assessee is disposed off in terms of the observation made herein above

ITA 94/JPR/2025[2014]Status: DisposedITAT Jaipur21 Aug 2025

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

For Appellant: Shri Mahendra Gargieya, AdvFor Respondent: Mrs. Alka Gautam, CIT-Sr.DR a
Section 144Section 153C

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 94/JPR/2025 fu/kZkj.k o"kZ@Assessment Years : 2014-15 cuke DY. Commissioner of Income Tax, Smt. Kamla Prabha Vs. Central Circle-2, L/H of Late Sh. Gopal Lal Ji Jaipur. Goswami, Main Road, Ladpura, Kota City S.O., Kota-324006. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AEVPG7177D vihykFkhZ@Appellant izR;FkhZ@Respondent CO. No. 22/JPR/2…

ASSTT. COMMISSIONER OF INCOMET AX CENTRAL CIRCLE-1(1), NAGPUR vs. SHRI SANJAY GAURISHANKAR AGRAWAL , NAGPUR

In the result, appeal by the Revenue stands dismissed

ITA 62/NAG/2018[2013-2014]Status: DisposedITAT Nagpur10 Feb 2025AY 2013-2014

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kapil HiraniFor Respondent: Shri Sandipkumar Salunke
Section 132Section 139Section 143(1)Section 143(2)Section 143(3)Section 153ASection 68

…and many other judicial 5 Shri Sanjay Gaurishankar Agrawal ITA no.62/Nag./2018 pronouncements. He submitted that the Hon’ble Apex Court in a landmark decision rendered in PCIT v/s Abhisar Buildwell (P) Ltd., vide judgment dated 24/04/2023 reported as [2023] 332 CTR 385 (SC) has confirmed the above view of the High Courts and held that "in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments / unabated assessments”. In assessee's own case for assessment year 2009-10 and 2010-11 in ACIT v/s…

M/S. AMRUT DISTILLERIES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

ITA 950/BANG/2023[2017-18]Status: DisposedITAT Bangalore28 Jan 2025AY 2017-18

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

For Appellant: Shri. Prateek P, CAFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 133ASection 40A(3)

…e on the basis of the sworn statement recorded during the survey proceedings at the Palakkad branch of the appellant. The appellant also brought to the notice of the Learned Commissioner, decision of the Supreme Court in Pr. CIT vs. Abhisar Buildwell (P) Ltd.(332 CTR 385), wherein the Hon’ble Apex Court laid down the salutary principles with regard to the validity of assessmentsmade u/s. 153A on the basis of the material not unearthed during the search proceedings.The Learned Commissioner of Income Tax (Appeals), however has ignored the submissions of the appellant, to hold that the additions made to the returned…

M/S. AMRUT DISTILLERIES PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

ITA 949/BANG/2023[2016-17]Status: DisposedITAT Bangalore28 Jan 2025AY 2016-17

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

For Appellant: Shri. Prateek P, CAFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 133ASection 40A(3)

…e on the basis of the sworn statement recorded during the survey proceedings at the Palakkad branch of the appellant. The appellant also brought to the notice of the Learned Commissioner, decision of the Supreme Court in Pr. CIT vs. Abhisar Buildwell (P) Ltd.(332 CTR 385), wherein the Hon’ble Apex Court laid down the salutary principles with regard to the validity of assessmentsmade u/s. 153A on the basis of the material not unearthed during the search proceedings.The Learned Commissioner of Income Tax (Appeals), however has ignored the submissions of the appellant, to hold that the additions made to the returned…

M/S. AMRUT DISTILLERIES PRIVATE LIMITED ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

ITA 948/BANG/2023[2015-16]Status: DisposedITAT Bangalore28 Jan 2025AY 2015-16

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

For Appellant: Shri. Prateek P, CAFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 133ASection 40A(3)

…e on the basis of the sworn statement recorded during the survey proceedings at the Palakkad branch of the appellant. The appellant also brought to the notice of the Learned Commissioner, decision of the Supreme Court in Pr. CIT vs. Abhisar Buildwell (P) Ltd.(332 CTR 385), wherein the Hon’ble Apex Court laid down the salutary principles with regard to the validity of assessmentsmade u/s. 153A on the basis of the material not unearthed during the search proceedings.The Learned Commissioner of Income Tax (Appeals), however has ignored the submissions of the appellant, to hold that the additions made to the returned…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA RADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 49/NAG/2021[2013-14]Status: DisposedITAT Nagpur29 Jul 2024AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA No. 26/Nag./2020 (Assessment Year : 2014-15) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur PAN : AAJFR4038G AND ITA No.27/Nag./2020 (Assessment Year : 2015-16) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur, PAN : AAJFR4038…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1),NAGPUR, NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 48/NAG/2021[2012-13]Status: DisposedITAT Nagpur29 Jul 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA No. 26/Nag./2020 (Assessment Year : 2014-15) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur PAN : AAJFR4038G AND ITA No.27/Nag./2020 (Assessment Year : 2015-16) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur, PAN : AAJFR4038…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER , NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 47/NAG/2021[2011-12]Status: DisposedITAT Nagpur29 Jul 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA No. 26/Nag./2020 (Assessment Year : 2014-15) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur PAN : AAJFR4038G AND ITA No.27/Nag./2020 (Assessment Year : 2015-16) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur, PAN : AAJFR4038…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 140/NAG/2021[2018-19]Status: DisposedITAT Nagpur29 Jul 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA No. 26/Nag./2020 (Assessment Year : 2014-15) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur PAN : AAJFR4038G AND ITA No.27/Nag./2020 (Assessment Year : 2015-16) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur, PAN : AAJFR4038…

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 27/NAG/2020[2015-16]Status: DisposedITAT Nagpur29 Jul 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA No. 26/Nag./2020 (Assessment Year : 2014-15) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur PAN : AAJFR4038G AND ITA No.27/Nag./2020 (Assessment Year : 2015-16) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur, PAN : AAJFR4038…

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 26/NAG/2020[2014-15]Status: DisposedITAT Nagpur29 Jul 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA No. 26/Nag./2020 (Assessment Year : 2014-15) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur PAN : AAJFR4038G AND ITA No.27/Nag./2020 (Assessment Year : 2015-16) Assistant Commissioner of Income Tax, Central Circle-1(1). ……………. Appellant Nagpur v/s M/s. Radha Madhav Developers, 125, Abyankar Road, Sitabuldi, ……………. Respondent Nagpur, PAN : AAJFR4038…

RAJESH PRODUCTS,TONK ,RAJASTHAN vs. ACIT, JAIPUR

Appeal is dismissed

ITA 626/JPR/2023[2016-17]Status: DisposedITAT Jaipur18 Jul 2024AY 2016-17
For Appellant: Shri Mahesh Jain, CA (Th. V.C)For Respondent: Shri Bhanwar Singh Ratnu, (CIT-DR)
Section 132(1)Section 132(4)Section 142(1)Section 143(2)Section 143(3)

…e impugned appellate order passed by the Ld. CIT(A) confirming the same are patently unlawful, erroneous and perverse as no incriminating material was unearthed during the course of search action against the Appellant vide Pr.CIT vs Abhisar Buildwell (P) Ltd. 332 CTR 385 (SC). 5. The Appellant craves leave to add, delete, modify or vary any of the grounds of appeal at any time during the pendency of the appeal or at the time of hearing.” 3. Succinctly, the fact as culled out from the records is that the assessee firm is engaged in the business of manufacturing and trading of mustard and production of mustard oil.…