Ranbaxy Laboratories Ltd. v. CIT

336 ITR 136High Court2011#183 most cited

What is Ranbaxy Laboratories Ltd. v. CIT authority for?

In reassessment proceedings under Section 147/148, the Assessing Officer can assess other income not specified in the original notice if the initial ground for reopening assessment is found to be valid. However, if the income for which the assessment was initially reopened is found not to have escaped assessment, the Assessing Officer cannot proceed to assess any other income.

398

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2012 to 2026.

Also referred to as

Ranbaxy Laboratories Ltd. v. CIT · Section 147 · Section 148 · reopening of assessment · scope of reassessment · income escaping assessment · other income assessed · initial reason for reopening · quashing reassessment · Jet Airways principle · reassessment proceedings

Also reported as

12 Taxmann.com 74200 Taxmann 242242 CTR 11760 DTR 77

Issues it is cited on

Judgments citing Ranbaxy Laboratories Ltd. v. CIT

M/S Ashok Khandelwal, Dhamtari vs. Deputy Commissioner of Income Tax, Circle 2(1), Raipur

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 223/RPR/2017[2008-09]Status: DisposedITAT Raipur05 Apr 2022AY 2008-09

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 223/Rpr/2017 "नधा"रण वष" / Assessment Year : 2008-09 M/S. Ashok Khandelwal Tulsi Bhawan, Opp. Nehru Garden, Ratnabandha Road, Dhamtari-493 773 (C.G.) Pan : Aaifa8368F .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax-2(1), Raipur (C.G.) ……""यथ" / Respondent Assessee By : Shri Sunil Kumar Agrawal, Ar Revenue By : Shri Sanjay Kumar, Dr सुनवाई क" तार"ख / Date Of Hearing :14.03.2022 घोषणा क" तार"ख / Date Of Pronouncement :05.04.2022

For Appellant: Shri Sunil Kumar Agrawal, ARFor Respondent: Shri Sanjay Kumar, DR
Section 143(3)Section 147Section 148

…r of fact not escaped assessment, then it would not be open to the Assessing Officer to independently assess some other income. Similar view has also been taken by the Hon’ble Jurisdictional High Court in the case of CIT ( Asst.) Vs. Major Deepak Mehta (2012) 344 ITR 641 ( Chhattisgarh). 10 M/s. Ashok Khandelwal Vs. DCIT 11. Considering the facts involved in the present case before us in light of the aforesaid settled position of law, we are of the considered view that the Assessing Officer without making any addition as regards the issue on the basis of which the case of the assessee was re-opened u/s.147 of th…

Chandrakant Raghunathrao Goje, Nanded vs. Income-Tax Officer, Ward - 1, Nanded

In the result, the appeal filed by the assessee stands allowed

ITA 603/PUN/2018[2009-10]Status: DisposedITAT Pune08 Dec 2021AY 2009-10

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.603/Pun/2018 िनधा"रण वष" / Assessment Year : 2009-10 Chandrakant Raghunathrao Goje, Prop. New Marathwada Traders, Sant Kripa Market, Nanded. .......अपीलाथ" / Appellant Pan : Abjpg1263D बनाम / V/S. Ito, Ward-1, ……""यथ" / Respondent Nanded. Assessee By : Shri Kishor B. Phadke Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 07.12.2021 घोषणा क" तारीख / Date Of Pronouncement : 08.12.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 1, Aurangabad (‘Cit(A)’ For Short) Dated 08.01.2018 For The Assessment Year 2009-10. 2. The Brief Facts Of The Case Are As Under :- The Appellant Is An Individual & Dealer In Machinery Goods. The Return Of Income For The Assessment Year 2009-10 Was Filed On 07.10.2009 Declaring Total Income Of Rs.3,45,270/- & There Was No Scrutiny Assessment Against The Said Return Of Income. Subsequently, Based On The Information Received From The Sales Tax Department That The Assessee Is Involved In The Bogus Purchases, A Notice U/S 148 Of The Income Tax Act

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 147Section 148

…f several expenses. It is contended that when the Assessing Officer had not made addition in respect of items for which the reassessment was made, no other addition can be made in the light of the decisions in the case of (i) RanbaxyLaboratories Ltd. vs. CIT, 336 ITR 136 (Delhi) and (ii) CIT vs. Jet Airways (I) Ltd., 331 ITR 236 (Bom.). 8. The ld. Sr. DR also agreed with the above proposition. 9. In view of the settled position of law, in the present case since no addition was made in respect of items for which the reassessment was sought to be reopened, no other addition can be made. Accordingly, the additional…

Falguni Jagdish Raval, Ahmedabad vs. ITO, Ward-4(2)(2), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 639/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad01 Dec 2021AY 2010-11

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedassessment Years : 2010-11 Falguni Jagdishbhai Raval, Income Tax Officer, C-501, Gaurav Tower, Vs Ward-4(2)(2), Nr. Nutan School, Rannapark, Ahmedabad Ghatlodia, Ahmedabad-380063 Pan : Ajjpr 6230 P अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "त् "त् यथ" "त् "त् यथ" यथ"/ (Respondent) यथ" Assessee By : None Revenue By : Shri Kamlesh Makwana, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 10/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 01/12/2021 आदेश/O R D E R आदेश आदेश आदेश Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of Learned Commissioner Of Income-Tax (Appeals)-13, Ahmedabad [“Cit(A) In Short] Dated 15.01.2019 Passed For Assessment Year 2010-11. 2. In Response To The Notice Of Hearing, No One Has Come Present On Behalf Of The Assessee. Therefore, With The Assistance Of Learned Departmental Representative, We Have Gone Through The Record Carefully & Proceed To Dispose Of The Appeal Ex-Parte Qua The Assessee.

For Appellant: NoneFor Respondent: Shri Kamlesh Makwana, Sr DR
Section 143(3)Section 148

…e escaped income; however, no addition of this income has been made. Recently, the Hon’ble jurisdictional High Court in the case of CIT Vs. Mohmed Juned Dadani, [2013] 355 ITR 172 (Guj), Hon’ble Delhi High Court in the case of Ranbaxy Laboratories Ltd Vs CIT, 336 ITR 136 (Del HC) and also Hon’ble Bombay High Court in the case of CIT Vs. Jet Airways (I) Ltd., 331 ITR 236 (Bom) have held that if no additions are being made on an issue for which an assessment was re-opened, then any other escaped income came to the notice of the Assessing Officer during the re- assessment proceedings cannot be added. In the present…