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

ACIT Circle- 15 (1)(2), Mumbai vs. M/S D G Infrastructure Pvt. Ltd, Mumbai

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

ITA 1773/MUM/2019[2010-11]Status: DisposedITAT Mumbai14 Dec 2020AY 2010-11

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 2010-11 Acit, M/S. D.G. Infrastructure Circle -15(1)(2), Pvt. Ltd., Room No.483A, 4Th Floor, A-207 Punit Industrial Aayakar Bhavan, Premises Chs, Vs. M.K. Road, Plot No.D-11, Mumbai - 400020 Thane Belapur Road, Turbhe Navi Mumbai, Mumbai – 400 705 Pan: Aaccd0745L (Appellant) (Respondent) Assessment Year: 2012-13 Acit -12(2)(1), M/S. Disha Dynamic Room No.142F/262, Buildwell Pvt. Ltd., 1St Floor, D-6, Surjit Sangam Aayakar Bhavan, Vs. Chsl, Churchgate, Mathuradas Road, Mumbai - 400020 Kandivali West, Mumbai - 400067 Pan: Aadcd9697E (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri Manpreet Singh Duggal, D.R. Date Of Hearing : 09.11.2020 Date Of Pronouncement : 14.12.2020 O R D E R

For Appellant: NoneFor Respondent: Shri Manpreet Singh Duggal, D.R
Section 143(3)Section 147Section 148

…s only that income which comes to his notice subsequently in the course of the proceedings under the section as having escaped assessment. Further the Ld AR also referred to the decision of Honble Delhi High Court the case of Ranbaxy Laboratories Ltd v/s. CIT 336 ITR 136 (Del) it is held that "under Explanation 3 if during the course of the proceedings the Assessing Officer comes to the conclusion that some items have escaped assessment, then notwithstanding that those items were not included in the reasons to believe as recorded for initiation of the proceedings and the notice, he would be competent to make asse…

Anil K Shah (HUF), Mumbai vs. ITO Ward 23 (2)(1), Mumbai

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

ITA 214/MUM/2019[2009-10]Status: DisposedITAT Mumbai10 Sept 2020AY 2009-10

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2009-2010 Shri Anil K. Shah (Huf), The Ito Ward – 23(2)(1), 703, Supershav, Nahur Road, 111, Matru Mandir, Sarvodaya Nagar, Mulund (West), Tardeo, Grant Road, Mumbai - 400080 Vs. Mumbai Pan: Aadha5072M (Appellant) (Respondent) & Assessment Year: 2009-2010 Shri Anil K. Shah, The Ito Ward – 23(2)(1), 703, Supershav, Nahur Road, 111, Matru Mandir, Sarvodaya Nagar, Mulund (West), Tardeo, Grant Road, Mumbai - 400080 Vs. Mumbai Pan: Aapps6042M (Appellant) (Respondent) Assessee By : Shri Devendra Jain (Ar) Revenue By : Shri Jernold Michel (Dr) Date Of Hearing: 21/08/2020 Date Of Pronouncement: 10/09/2020

For Appellant: Shri Devendra Jain (AR)For Respondent: Shri Jernold Michel (DR)
Section 142Section 143Section 144Section 148Section 68Section 69C

…(A) has confirmed the addition made by the AO in the issues not relating to the reasons recorded for reopening. The Ld. counsel for the assessee placing reliance on the judgment of the Hon’ble Delhi High Court in the case of Ranbaxy Laboratories Ltd. vs. CIT 336 ITR 136 (Delhi) submitted that Explanation 3 to section 147 does not empower the AO to make roving enquiries in respect of other matters. Making roving enquiries in respect of other matters is different from something coming to his notice of AO during the course of assessment. The Ld. counsel further submitted that since the Ld. CIT (A) has allowed the l…

Kilari Venkata Rosaiah, Guntur vs. Assistant Commissioner of Income Tax, Circle-1(1), Guntur

In the result, appeal of the assessee is allowed

ITA 608/VIZ/2018[2011-2012]Status: DisposedITAT Visakhapatnam03 Jun 2020AY 2011-2012

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.608/Viz/2018 (ननधधारण वर्ा/Assessment Year:2011-12) Kilari Venkata Rosaiah Vs Asst. Commissioner Of D.No.25-16-180 Income Tax G.T.Road, Amc Yard Circle-1(1) Guntur Guntur [Pan : Adspk7598L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri S.Ravi Shankar Narayan, Dr सुनवधई की तधरीख / Date Of Hearing : 16.03.2020 घोर्णध की तधरीख/Date Of Pronouncement : 05.06.2020

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri S.Ravi Shankar Narayan
Section 143(1)Section 143(2)Section 143(3)Section 148

…Moreover, in which case and when Explanation-3 would be applicable has been decided by various High Courts namely, Bombay High Court in the case of CIT Vs.Jet Airways (I) Ltd., (331 ITR 236); Delhi High Court in the case of Ranbaxy Laboratories Ltd. Vs. CIT (336 ITR 136), Chhattisgarh High Court in the case of ACIT Vs. Majo Deepak Mehta (344 ITR 641) and Gujarat High Court in case of CIT Vs. Mohamed Juned Dadani. In view of the consistent decision of these High Courts, we are not in a position to take a different view and the learned Tribunal has followed the consistent View of those High Courts. Even, we find t…