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 367,359 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

Dharam Chand Agarwal, Kanpur (Uttar Pardesh) vs. Principal Commissioner of Income Tax, Kanpur- I

In the result, the appeal of the assessee is partly allowed

ITA 358/LKW/2024[2016-2017]Status: DisposedITAT Lucknow31 Dec 2025AY 2016-2017

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2016-17 Dharam Chand Agarwal, Vs. Pr. Commissioner Of Income Tax, 14/75 D Gopal Vihar Civil Lines, Kanpur-I, U.P. Kanpur, U.P. Pan: Aanpa1942L (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 07.10.2025 Date Of Pronouncement: 31.12.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Pr. Cit, Kanpur-1 On 31.03.2024 Under Section 263 Of The Income Tax Act, 1961, Wherein The Ld. Pcit Has Set Aside The Order Passed By The Ld. Ao On 28.03.2022 Under Section 147 R.W.S. 144B For The A.Y. 2016-17 & Directing Him To Pass A Fresh Assessment Order. The Grounds Of Appeal Are As Under:- “1. Because The Assessment Order U/S 147 R.W.S 144 Dated 28.03.2022, Which Has Been Set Aside U/S 263 Of The Act By The Impugned Order Passed By Pr. Cit, Itself Was Illegal & Was Not Enforceable Due To Various Infirmities In The Initiation & Conclusion Of Re-Assessment Proceedings, The Same Could Not Have Been Subjected To Revision U/S 263 Of The Act & Consequently The Impugned Order Is Bad In Law & Wholly Without Jurisdiction. Without Prejudice To The Aforesaid 2. Because The Pr. Cit Has Erred In Law & On Facts In Holding That The Assessment Order Dated 28.03.2022 Passed By The Assessing Officer, Nfac U/S 147 R.W.S 144B Of The Act Is Erroneous In So Far As It Is Prejudicial To The Interest Of Revenue & In Setting Aside The Same By Exercising His Revisionary Jurisdiction U/S 263 Of The Act.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 133ASection 147Section 148Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW ‘A’ BENCH, LUCKNOW BEFORE SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER A.Y. 2016-17 Dharam Chand Agarwal, vs. Pr. Commissioner of Income Tax, 14/75 D Gopal Vihar Civil Lines, Kanpur-I, U.P. Kanpur, U.P. PAN: AANPA1942L (Appellant) (Respondent) Assessee by: Sh. P.K. Kapoor, C.A. Revenue by: Sh. R.K. Agarwal, CIT DR Date of hearing: 07.10.2025 Date of pronouncement: 31.12.2025 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the orders of the ld. Pr. CIT, Kanpur-1 on 31.03.2024 under section 263 of t…

Mukesh Gupta, Kamala Nagar vs. Dlc-CC-(1)(13), Delhi

ITA 7427/DEL/2025[2023-24]Status: DisposedITAT Delhi23 Dec 2025AY 2023-24

Bench: Sh. Satbeer Singh Godaraita No. 7396/Del/2025 : Asstt. Year: 2020-21 Ita No. 7426/Del/2025 : Asstt. Year: 2021-22 Ita No. 7427/Del/2025 : Asstt. Year: 2023-24 Mukesh Gupta, Vs Acit, D-89, 3Rd Floor, Kamla Nagar, Central Circle-3, Jawahar Nagar, North Delhi, New Delhi-110055 New Delhi-110007 (Appellant) (Respondent) Pan No. Akopg1709J Assessee By: Sh. Govind Kumar, Ca Revenue By : Sh. Amit Shukla, Sr. Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 23.12.2025 Order These Assessee’S Three Appeals Ita Nos. 7396, 7426 & 7427/Del/2025, For Assessment Years 2020-21, 2021-22 & 2023-24, Arise Against The Cit(A)-23, Delhi’S Din & Order Nos. Itba/Apl/S/250/2025-26/1081204873(1), 1081205368(1) & 1081205086(1) All Dated 26.09.2025, In Proceedings U/S 147/143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Govind Kumar, CAFor Respondent: Sh. Amit Shukla, Sr. DR
Section 147Section 148

…clear that the learned assessing authority has nowhere made any addition qua the above sole reason of reopening involving the assessee’s sale consideration. 4. That being the clinching case, I hereby quote Ranbaxy Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.) and CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.) to quash the impugned reopening for the above precise reason in very terms. 5. These assessee’s three appeals ITA Nos. 7396, 7426 & 7427/Del/2025 are allowed. A copy of this common order be placed in the respective case files. Order Pronounced in the Open Court on 23/12/2025.…

Mukesh Gupta, Kamala Nagar vs. Dlc-CC-(1)(13), Delhi

ITA 7426/DEL/2025[2021-22]Status: DisposedITAT Delhi23 Dec 2025AY 2021-22

Bench: Sh. Satbeer Singh Godaraita No. 7396/Del/2025 : Asstt. Year: 2020-21 Ita No. 7426/Del/2025 : Asstt. Year: 2021-22 Ita No. 7427/Del/2025 : Asstt. Year: 2023-24 Mukesh Gupta, Vs Acit, D-89, 3Rd Floor, Kamla Nagar, Central Circle-3, Jawahar Nagar, North Delhi, New Delhi-110055 New Delhi-110007 (Appellant) (Respondent) Pan No. Akopg1709J Assessee By: Sh. Govind Kumar, Ca Revenue By : Sh. Amit Shukla, Sr. Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 23.12.2025 Order These Assessee’S Three Appeals Ita Nos. 7396, 7426 & 7427/Del/2025, For Assessment Years 2020-21, 2021-22 & 2023-24, Arise Against The Cit(A)-23, Delhi’S Din & Order Nos. Itba/Apl/S/250/2025-26/1081204873(1), 1081205368(1) & 1081205086(1) All Dated 26.09.2025, In Proceedings U/S 147/143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Govind Kumar, CAFor Respondent: Sh. Amit Shukla, Sr. DR
Section 147Section 148

…clear that the learned assessing authority has nowhere made any addition qua the above sole reason of reopening involving the assessee’s sale consideration. 4. That being the clinching case, I hereby quote Ranbaxy Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.) and CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.) to quash the impugned reopening for the above precise reason in very terms. 5. These assessee’s three appeals ITA Nos. 7396, 7426 & 7427/Del/2025 are allowed. A copy of this common order be placed in the respective case files. Order Pronounced in the Open Court on 23/12/2025.…

Mukesh Gupta, Kamla Nagar vs. AO, Central Circle

ITA 7396/DEL/2025[2020-21]Status: DisposedITAT Delhi23 Dec 2025AY 2020-21

Bench: Sh. Satbeer Singh Godaraita No. 7396/Del/2025 : Asstt. Year: 2020-21 Ita No. 7426/Del/2025 : Asstt. Year: 2021-22 Ita No. 7427/Del/2025 : Asstt. Year: 2023-24 Mukesh Gupta, Vs Acit, D-89, 3Rd Floor, Kamla Nagar, Central Circle-3, Jawahar Nagar, North Delhi, New Delhi-110055 New Delhi-110007 (Appellant) (Respondent) Pan No. Akopg1709J Assessee By: Sh. Govind Kumar, Ca Revenue By : Sh. Amit Shukla, Sr. Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 23.12.2025 Order These Assessee’S Three Appeals Ita Nos. 7396, 7426 & 7427/Del/2025, For Assessment Years 2020-21, 2021-22 & 2023-24, Arise Against The Cit(A)-23, Delhi’S Din & Order Nos. Itba/Apl/S/250/2025-26/1081204873(1), 1081205368(1) & 1081205086(1) All Dated 26.09.2025, In Proceedings U/S 147/143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Govind Kumar, CAFor Respondent: Sh. Amit Shukla, Sr. DR
Section 147Section 148

…clear that the learned assessing authority has nowhere made any addition qua the above sole reason of reopening involving the assessee’s sale consideration. 4. That being the clinching case, I hereby quote Ranbaxy Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.) and CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.) to quash the impugned reopening for the above precise reason in very terms. 5. These assessee’s three appeals ITA Nos. 7396, 7426 & 7427/Del/2025 are allowed. A copy of this common order be placed in the respective case files. Order Pronounced in the Open Court on 23/12/2025.…

Indu Gupta, Delhi vs. ITO Ward 58(1), Delhi

Appeal is allowed

ITA 6875/DEL/2025[2015-16]Status: DisposedITAT Delhi23 Dec 2025AY 2015-16

Bench: Sh. Satbeer Singh Godaraita No. 6875/Del/2025 : Asstt. Year: 2015-16 Indu Gupta, Vs Income Tax Officer, Sinha & Sinha Law Chambers Llp Ward-58(1), 108-109, Parmesh Business Centre-1, New Delhi-110002 Plot No. 20, Community Centre, Karkardooma, Delhi-110092 (Appellant) (Respondent) Pan No. Aespg0965Q Assessee By: Sh. Prince Mohan Sinha, Adv. & Sh. Aniket Krishnatray, Adv. Revenue By : Sh. Amit Shukla, Sr. Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 23.12.2025 Order This Assessee’S Appeal For Assessment Year 2015-16 Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/1076388993(1) Dated 22.05.2025, In Proceedings U/S 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Prince Mohan Sinha, Adv. &For Respondent: Sh. Amit Shukla, Sr. DR
Section 144Section 148

…lear that the learned assessing authority has nowhere made any addition qua the above sole reason of reopening involving other assessee’s sale consideration. 4. That being the clinching case, I hereby quote Ranbaxy Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.) and CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.) to quash the impugned reopening for the above precise reason in very terms. 5. This assessee’s appeal is allowed. Order Pronounced in the Open Court on 23/12/2025. (Satbeer Singh Godara) Judicial Member Dated: 23/12/2025 *Subodh Kumar, Sr. PS*…

Harish Banga, Hisar vs. Assessment Unit, New Delhi

In the result, both the substantial ground of appeal is allowed

ITA 4893/DEL/2025[2018-19]Status: DisposedITAT Delhi19 Dec 2025AY 2018-19

Bench: Shri Pawan Singhassessment Year: 2018-19 (Physical Hearing) Harish Banga, Assessment Unit, 264, Bank Colony, Hisar, Vs. Faceless Assessment Unit Haryana – 125001. Income Tax Department, Pan – Abqpb 8845 F New Delhi-110001. (Appellant) (Respondent) Present For: Assessee By : Shri H.K. Batra, Ca & Shri Naman Chawla, Ca Revenue By : Shri Virender Kumar Singh, Sr. D.R. Date Of Hearing : 04.12.2025 Date Of Pronouncement : 19.12 .2025 O R D E R Per : Pawan Singh: This Appeal By The Assessee Is Directed Against The Order Of Cit (A) Dated 08.07.2025 Vide Assessment Year 2018-19. The Assessee Has Raised Following Grounds Of Appeal:-

For Appellant: Shri H.K. Batra, CA &For Respondent: Shri Virender Kumar Singh, SR. D.R
Section 147Section 148Section 148ASection 151ASection 56Section 57

…assessment order as regards deletion of relevant immovable property which formed basis for reopening assessment, other addition made reassessment order could not be sustained.  Hon'ble Delhi High Court in the case of Ranbaxy Laboratories Limited Vs. CIT 2011 336 ITR 136 where it has been held that "it is essential that the items in respect of which the reasons had been recorded are 8 Harish Banga assessed. If the AO accepts that the items for which reasons are recorded have not escaped assessment, it means he had no "reasons to believe that income has escaped assessment" and the issue of the notice becomes inva…

ACIT, New Delhi vs. Vrinda Farms Private Limited, New Delhi

In the result, the appeal of the Revenue as well as cross objections of the assessee are dismissed

ITA 4849/DEL/2024[2016-17]Status: DisposedITAT Delhi29 Oct 2025AY 2016-17

Bench: Shris.Rifaur Rahman & Shri Yogesh Kumar U.S.Acit, Central Circle 4, Vs. Vrinda Farms Private Limited, New Delhi. 43, Community Centre, Bhageria House, Zakir Nagar, New Friends Colony, New Delhi – 110 025. (Pan : Aaacv0355L) Co Nos.13 & 19/Del/2025 (In Ita No.4849/Del/2024) (Assessment Year: 2016-17) Vrinda Farms Private Limited, Vs. Acit, Central Circle 4, 43, Community Centre, New Delhi. Bhageria House, Zakir Nagar, New Friends Colony, New Delhi – 110 025. (Pan : Aaacv0355L) (Appellant) (Respondent) Assessee By : Shri Biren Shah, Ca Revenue By : Shri Dheeraj Kumar Jain, Sr. Dr Date Of Hearing : 02.09.2025 Date Of Order : 29.10.2025 Order Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Revenue Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-23, New Delhi [“Ld. Cit(A)”, For Short]

For Appellant: Shri Biren Shah, CAFor Respondent: Shri Dheeraj Kumar Jain, Sr. DR
Section 132(4)Section 133(6)Section 68

…was made on account of the reasons recorded and therefore, AO has no jurisdiction to make any other addition. For this, he placed reliance on the judgement of Hon’ble Jurisdictional High Court in the case of Ranbaxy Laboratories Ltd. vs CIT [2011] reported in 336 ITR 136 (Delhi) and in the case of CIT-II vs Jet Airways (I) Ltd. reported in [2011] 331 ITR 236 (Bom.). Ld. AR thus requested that the re-assessment order making additions of INR 100,11,32,484/- on the issues which are not the subject matter of reopening and without making additions on the issue for which reasons for reopening the 11 CO Nos.13 & 19/Del/…

Ranbaxy Laboratories Ltd. v. CIT (336 ITR 136) — Cited in 398 Judgments | BharatTax