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

Sangeeta Garg, New Delhi vs. ACIT Ward 62(5), New Delhi

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

ITA 6133/DEL/2019[2010-11]Status: DisposedITAT Delhi30 Dec 2019AY 2010-11

Bench: Shri R.K. Pandaassessment Year: 2010-11 Sangeeta Garg, Vs. Acit, Flat No.6, Shree Radha Apartments, Ward-62(5), Plot No.3, Sector-9, New Delhi. Dwarka, New Delhi. Pan: Afmpg1036R (Appellant) (Respondent) Assessee By : Shri Nikhil Goyal, Advocate & Shri Bankim Garg, Advocate Revenue By : Shri Saras Kumar, Sr.Dr Date Of Hearing : 12.12.2019 Date Of Pronouncement : 30.12.2019 Order This Appeal By The Assessee Is Directed Against The Order Dated 24Th June, 2019 Of The Cit(A)-38, New Delhi, Relating To Assessment Year 2010-11. 2. The Grounds Raised By The Assessee Are As Under:-

For Appellant: Shri Nikhil Goyal, Advocate &For Respondent: Shri Saras Kumar, Sr.DR
Section 143(3)Section 147Section 147(3)Section 148

…any addition on account of this and, on the contrary, has made addition of Rs.8,99,934/- on account of capital gain on sale of the property. Referring to the decision of the Hon’ble Delhi High Court in the case of Ranbaxy Laboratories Ltd. vs. CIT reported in 336 ITR 136, he submitted that the Hon’ble Delhi Court in the said decision has held that the AO has the jurisdiction to reassess on issues other than the issues in respect of which proceedings are initiated, but, he is not so justified when the reasons for the initiation of those proceedings cease to survive. Therefore, when the assessment was reopened for…