Ramdev Exports v. CIT

251 ITR 873High Court2001#5336 most cited

What is Ramdev Exports v. CIT authority for?

The Commissioner can grant relief to an assessee under Section 264 of the Income Tax Act, even when the order under Section 144A is part of the record and should have been considered. The CIT was wrong in not providing relief for over-assessment due to under-totalling of purchases.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2021 to 2024.

Also referred to as

Ramdev Exports v. CIT · Section 264 · Commissioner's revisional powers · relief to assessee · Section 144A order · over-assessment · under-totalling of purchases

Issues it is cited on

Judgments citing Ramdev Exports v. CIT

Income-Tax Officer, Ward - 8(2), Pune vs. Jagtap Patil Promoters & Builders, Pune

In the result, appeal of the Revenue is Allowed

ITA 35/PUN/2018[2014-15]Status: DisposedITAT Pune24 Nov 2022AY 2014-15

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.35/Pun/2018 िनधा"रणवष" / Assessment Year : 2014-15 The Income Tax Officer, Jagtap Patil Promoters & Ward-8(2), Pune. Vs Builders, S.No.152, Pimple Gurav, Pune – 411061. Pan: Aagfj 0403 N Appellant/ Assessee Respondent / Revenue Assessee By Shri Suniol Ganoo – Ar Revenue By Shri M.M.Chate – Dr Date Of Hearing 29/08/2022 Date Of Pronouncement 24/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue I.E. Income Tax Officer, Ward-8(2), Pune For The A.Y. 2014-15 Against The Order Of The Ld.Cit(A)- 6, Pune Dated 04.10.2017 Emanating From The Assessment Order Dated 30/12/2016 Passed By The Ito Ward 8(2) Pune U/S 143(3) Of The Income Tax Act. The Grounds Of Appeal Are As Under: “1. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Was Justified In Not Appreciating That It Was Only After Scrutiny Proceedings Started That The Assessee Paid The Mat. Thus By Filing Nil Return & Not Claiming Deduction U/S 80Ib(10) The Assessee Was Trying To Evade Payment Of Taxes. The Claim Of The Assessee That Filing Of Nil Return Was Clerical Error Does Not Hold Ground? 2. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Is Justified In Not Appreciating The Ratio Laid

Section 143(3)Section 271(1)(b)Section 80ASection 80I

…erefore, the CIT was wrong in not giving relief to the Petitioner in respect of over- assessment as a result of under-totalling of the purchases to the extent of Rs.20,000.' 7. This was reiterated in case of Ramdev Exports v. CIT [2002] 120 Taxman 315/[2001] 251 ITR 873 (Guj.) This Court also in case ITA No.35/PUN/2018for A.Y. 2014-15 Jagtap Patil Promoters & Builders [A] of Danny Denzongpa v. CIT [2010] 7 taxmann.com 81/194 Taxman 415 [2012] 344 ITR 166 has taken a similar view. 8. However, the Petitioners are faced with the statutory provision contained in Sub Section (5) of Section 80A of the Act. The Peti…

Ramdev Exports v. CIT (251 ITR 873) — Cited in 22 Judgments | BharatTax