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

Ashok Kumar, Ghaziabad vs. PCIT, Ghaziabad

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

ITA 4937/DEL/2019[2009-10]Status: DisposedITAT Delhi26 Jun 2024AY 2009-10

Bench: Shri Shamim Yahya & Ms. Madhumita Royshri Ashok Kumar, Vs. Pr.Cit, C/O M/S. Rrr Taxindia, Ghaziabad. D-28, South Extension Part – 1, New Delhi – 110 049. (Pan : Abppy8405P) (Appellant) (Respondent) Assessee By : Shri Somil Agarwal, Advocate Revenue By : Shri Sujit Kumar, Cit Dr Date Of Hearing : 13.06.2024 Date Of Order : 26.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Pr.Cit, Ghaziabad Dated 30.03.2019 For The Assessment Year 2009-10. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That Having Regard To Facts & Circumstances Of The Case, Ld. Pr.Cit Has Erred In Law & On Facts In Assuming Jurisdiction U/S 263 Of Income Tax Act, 1961 & Has Erred In Holding The Assessment Order Dated 29-12-2016 As Erroneous As Well As Prejudicial To The Interest Of Revenue. 2. That Having Regard To Facts & Circumstances Of The Case, Ld. Pr.Cit Has Erred In Law & On Facts In Holding As Under While Passing The Impugned Order.

For Appellant: Shri Somil Agarwal, AdvocateFor Respondent: Shri Sujit Kumar, CIT DR
Section 143(3)Section 147Section 148Section 263Section 54F

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’ : NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and MS. MADHUMITA ROY, JUDICIAL MEMBER Shri Ashok Kumar, vs. Pr.CIT, C/o M/s. RRR TAXINDIA, Ghaziabad. D-28, South Extension Part – 1, New Delhi – 110 049. (PAN : ABPPY8405P) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Somil Agarwal, Advocate REVENUE BY : Shri Sujit Kumar, CIT DR Date of Hearing : 13.06.2024 Date of Order : 26.06.2024 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of the ld. Pr.CIT, Ghaziabad dated 30.03.2019 for the assessment year 20…

DCIT, Chennai vs. Empee Distilleries Ltd., Chennai

In the result, appeal filed by the Revenue is dismissed

ITA 1380/CHNY/2017[2007-08]Status: DisposedITAT Chennai10 May 2024AY 2007-08

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपीलसं./I.T.A.No.1380/Chny/2017 (िनधा"रण वष" / Assessment Year: 2007-08) Vs M/S. Empee Distilleries Ltd. The Deputy Commissioner Of Income Tax, ‘Empee Tower, Corporate Circle-2(1) 59, Harris Road, Pudupet, Chennai-600 034 Chennai-600 002. Pan : Aaace-1687-N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Appellant By : Mr. Suresh Guduri, Jcit ""यथ"क"ओरसे/Respondent By : Mr. A.R.Karthick Lakshmanan, Advocate सुनवाईक"तारीख/Date Of Hearing : 25.04.2024 घोषणाक"तारीख /Date Of Pronouncement : 10.05.2024 आदेश आदेश / O R D E R आदेश आदेश

For Appellant: Mr. Suresh Guduri, JCITFor Respondent: Mr. A.R.Karthick
Section 147

…o charge any other income that escaped assessment which comes to his notice subsequently. The Ld.CIT(A) has relied upon the following case laws laid down by various High Courts:- 1. Jet Airways India Ltd .- 331 ITR 236 (Bom) 2. Ranbaxi Laboratories Ltd. - 336 ITR 136 (Del) 3. Major Deepak Mehta – 344 ITR 641 (Chatisgarh HC) 4. Adhunik Niryat Ispat Ltd – 63 DTR 212 (Del) 5. During the course of hearing, Ld. DR fairly accepted the fact that addition has not been made on this issue on which the case was re-opened. The Ld. DR however argued that as per Explanation 3 to Section 147 of the Act the Assessing Off…