Rajesh Jhaveri v. ACIT

284 ITR 593High Court2006#9633 most cited

What is Rajesh Jhaveri v. ACIT authority for?

Reassessment proceedings are valid if the Assessing Officer has reason to believe that income has escaped assessment and duly records those reasons.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2012 to 2022.

Also referred to as

Rajesh Jhaveri v. ACIT · 284 ITR 593 · reassessment · reason to believe · escaped income · Section 147 · Section 148 · AO recording reasons · validity of reassessment

Judgments citing Rajesh Jhaveri v. ACIT

Everest Organics Ltd vs. The Commissioner of I.T., Hyderabad

ITTA/9/2005HC Telangana21 Sept 2022

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 143(1)(a)

…vestigation Department at Delhi issued notice to the assessee and other persons and recorded their statements, which would show that they were in hold of documents which were shared by the CBI. 13 157 ITR 103 14 96 ITR 78 15 118 ITR 585 16 284 ITR 593 18 ITA No.6 of 2005 & other connected matters 9. Since the inception of case hinges upon the reassessment order the question of law, which is framed at the instance of the assessee would have a substantial effect to the entire germane. Therefore, we would first go into whether the initial reassessment proceeding itself was proper or not. As…

Neelachal I.Nigam L vs. Asst.Comnr.of I.Tax

ITA/8/2005HC Orissa17 Nov 2021

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE ADITYA KUMAR MOHAPATRA

Section 143(1)(a)

…vestigation Department at Delhi issued notice to the assessee and other persons and recorded their statements, which would show that they were in hold of documents which were shared by the CBI. 13 157 ITR 103 14 96 ITR 78 15 118 ITR 585 16 284 ITR 593 18 ITA No.6 of 2005 & other connected matters 9. Since the inception of case hinges upon the reassessment order the question of law, which is framed at the instance of the assessee would have a substantial effect to the entire germane. Therefore, we would first go into whether the initial reassessment proceeding itself was proper or not. As…

Smt. Kavitha Kamlesh Shah, Bangalore vs. ACIT-Circle-6(1), Bangalore

ITA 1509/BANG/2016[2009-2010]Status: DisposedITAT Bangalore25 Jun 2021AY 2009-2010

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri R. Chandrashekar, AdvocateFor Respondent: Shri Priyadarshi Mishra, Addl.CIT(DR)(ITAT), Bengaluru
Section 143(1)Section 148Section 2(47)Section 2(47)(v)Section 234BSection 54F

…by legal evidence and conclusion. We are of the opinion that the AO had reason to believe that income has escaped assessment and he duly recorded the reasons on this count. Being so, as held by the Hon’ble Supreme Court in the case of Rajesh Jhaveri v. ACIT, 284 ITR 593 (SC), we uphold the reassessment. 16. On merits, the assessee raised grounds that there is no transfer in the assessment year under consideration as JDA was entered on 5.2.2007 along with GPA and there was no possession of the property handed over to the developer. According to the ld. AR, the provisions of section 2(47)(v) of the Act is not appl…

Smt. Kavitha Kamlesh Shah, Bangalore vs. ACIT-Circle-6(1), Bangalore

ITA 1508/BANG/2016[2007-2008]Status: DisposedITAT Bangalore25 Jun 2021AY 2007-2008

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri R. Chandrashekar, AdvocateFor Respondent: Shri Priyadarshi Mishra, Addl.CIT(DR)(ITAT), Bengaluru
Section 143(1)Section 148Section 2(47)Section 2(47)(v)Section 234BSection 54F

…by legal evidence and conclusion. We are of the opinion that the AO had reason to believe that income has escaped assessment and he duly recorded the reasons on this count. Being so, as held by the Hon’ble Supreme Court in the case of Rajesh Jhaveri v. ACIT, 284 ITR 593 (SC), we uphold the reassessment. 16. On merits, the assessee raised grounds that there is no transfer in the assessment year under consideration as JDA was entered on 5.2.2007 along with GPA and there was no possession of the property handed over to the developer. According to the ld. AR, the provisions of section 2(47)(v) of the Act is not appl…

ITO 19(2)(3), Mumbai vs. Meenakshi N Shah, Mumbai

ITA 7082/MUM/2016[2007-08]Status: DisposedITAT Mumbai20 Jun 2018AY 2007-08

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2007-08 Dcit 5(2)(2) Meridian Chem Bond Mumbai Purchase Ltd., बनाम/ 903 Raheja Centre, Free Vs. Press Journal Marg, Nariman Point, Mumbai 400 021 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. Aaacr1789G

Section 68

…he assessee was not acceptable as the conditions for allowance specified in section 36(1)(vii) and (2) were not fulfilled. The Hon'ble Apex Court reversed the decision of Hon'ble Gujarat High Court in RAJESH JHAVERI STOCK BROKERS P. LTD. v. ASST. CIT [2006] 284 ITR 593 and also considered the decisions in Adani Exports v. Deputy CIT (Assessment) [1999] 240 ITR 224 (Guj), Apogee International Ltd. v. Union of India [1996] 220 ITR 248 (SC), Central Provinces Manganese Ore Co. Ltd. v. ITO [1991] 191 ITR 662 (SC), (ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC), Raymond Woollen Mills Ltd. v.…

Ganpat Mukundrao Murkute, Pune vs. Assistant Commissioner of Income-Tax

ITA 2141/PUN/2013[2006-07]Status: DisposedITAT Pune02 Feb 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

Section 143(2)Section 143(3)Section 148

…आयकर अपील"य अ"धकरण] पुणे "यायपीठ “ए” पुणे म" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM आयकर अपील सं. / ITA No.1208/PUN/2010 "नधा"रण वष" / Assessment Year : 2006-07 Shri Mahendra R. Vitkar ………. अपीलाथ" / S. No.16, Belthika Nagar, Appellant Thergaon, Chinchwad, Pune-411 035 PAN : AAJPV4381N. बनाम v/s Income Tax Officer, ……. ""यथ" / Ward 10(2), Pune Respondent आयकर अपील सं. / ITA No.1213/PUN/2010 "नधा"रण वष" / Assessment Year : 2006-07 Income Tax Officer, ………. अपीलाथ" / Ward 9(4), Pune. Appellant बनाम v/s Shri Mahendra Rajaram Vitkar…

ITO Ward 9(4), Pune vs. Sh. Mahendra R. Vitkar, Pune

ITA 1213/PUN/2010[2006-07]Status: DisposedITAT Pune02 Feb 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

Section 143(2)Section 143(3)Section 148

…आयकर अपील"य अ"धकरण] पुणे "यायपीठ “ए” पुणे म" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM आयकर अपील सं. / ITA No.1208/PUN/2010 "नधा"रण वष" / Assessment Year : 2006-07 Shri Mahendra R. Vitkar ………. अपीलाथ" / S. No.16, Belthika Nagar, Appellant Thergaon, Chinchwad, Pune-411 035 PAN : AAJPV4381N. बनाम v/s Income Tax Officer, ……. ""यथ" / Ward 10(2), Pune Respondent आयकर अपील सं. / ITA No.1213/PUN/2010 "नधा"रण वष" / Assessment Year : 2006-07 Income Tax Officer, ………. अपीलाथ" / Ward 9(4), Pune. Appellant बनाम v/s Shri Mahendra Rajaram Vitkar…

Sh. Mahendra R. Vitkar, Pune vs. ITO, Ward 10(2), Pune

ITA 1208/PUN/2010[2006-07]Status: DisposedITAT Pune02 Feb 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

Section 143(2)Section 143(3)Section 148

…आयकर अपील"य अ"धकरण] पुणे "यायपीठ “ए” पुणे म" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM आयकर अपील सं. / ITA No.1208/PUN/2010 "नधा"रण वष" / Assessment Year : 2006-07 Shri Mahendra R. Vitkar ………. अपीलाथ" / S. No.16, Belthika Nagar, Appellant Thergaon, Chinchwad, Pune-411 035 PAN : AAJPV4381N. बनाम v/s Income Tax Officer, ……. ""यथ" / Ward 10(2), Pune Respondent आयकर अपील सं. / ITA No.1213/PUN/2010 "नधा"रण वष" / Assessment Year : 2006-07 Income Tax Officer, ………. अपीलाथ" / Ward 9(4), Pune. Appellant बनाम v/s Shri Mahendra Rajaram Vitkar…

C. Sanyasi Raju vs. The Asst. Commissioner of Income-Tax, Central Circle, Vizag

ITTA/7/2005HC Telangana21 Nov 2017

Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD

Section 143(1)(a)

…vestigation Department at Delhi issued notice to the assessee and other persons and recorded their statements, which would show that they were in hold of documents which were shared by the CBI. 13 157 ITR 103 14 96 ITR 78 15 118 ITR 585 16 284 ITR 593 18 ITA No.6 of 2005 & other connected matters 9. Since the inception of case hinges upon the reassessment order the question of law, which is framed at the instance of the assessee would have a substantial effect to the entire germane. Therefore, we would first go into whether the initial reassessment proceeding itself was proper or not. As…

The Commissioner of Income Tax-III vs. M/s.Samrakshna Electricals Ltd

ITTA/28/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 143(1)(a)

…vestigation Department at Delhi issued notice to the assessee and other persons and recorded their statements, which would show that they were in hold of documents which were shared by the CBI. 13 157 ITR 103 14 96 ITR 78 15 118 ITR 585 16 284 ITR 593 18 ITA No.6 of 2005 & other connected matters 9. Since the inception of case hinges upon the reassessment order the question of law, which is framed at the instance of the assessee would have a substantial effect to the entire germane. Therefore, we would first go into whether the initial reassessment proceeding itself was proper or not. As…

M/s.GVK Petro Chemicals Private Limited, (Novo Resins AND vs. The Deputy Commissioner of Income Tax

ITTA/8/2005HC Telangana05 Jul 2012
Section 143(1)(a)

…vestigation Department at Delhi issued notice to the assessee and other persons and recorded their statements, which would show that they were in hold of documents which were shared by the CBI. 13 157 ITR 103 14 96 ITR 78 15 118 ITR 585 16 284 ITR 593 18 ITA No.6 of 2005 & other connected matters 9. Since the inception of case hinges upon the reassessment order the question of law, which is framed at the instance of the assessee would have a substantial effect to the entire germane. Therefore, we would first go into whether the initial reassessment proceeding itself was proper or not. As…