S.R. Koshti v. CIT

276 ITR 165High Court2005#414 most cited

What is S.R. Koshti v. CIT authority for?

Tax authorities have an obligation to act in accordance with law and assist assessees who are over-assessed due to mistake, misconception, or lack of proper instruction, ensuring only legitimate taxes are collected.

217

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

S.R. Koshti v. CIT · assessment procedure · over-assessment · assistance to assessee · correct tax collection · authorities under the Act

Issues it is cited on

Judgments citing S.R. Koshti v. CIT

Aura Securities Pvt. Ltd., Ahmedabad vs. The ITO, Ward-1(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 532/AHD/2020[2017-18]Status: DisposedITAT Ahmedabad15 Jul 2022AY 2017-18

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2017-18 Aura Securities Private Limited, Income Tax Officer, 403, 404 Shilp Building, Vs Circle-1(1)(1), Cg Road, Navrangpura, Ahmedabad Ahmedabad – 380009 Pan : Aabcm 0602 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Biren Shah & Shri Dhrunal Bhatt, Ars Revenue By : Shri Abhimanyu Singh Yadav, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 16/06/2022 घोषणा क" तार"ख /Date Of Pronouncement: 15/07/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income-Tax (Appeals)-1, Ahmedabad (“Cit(A)” In Short) Dated 21.09.2020 & The Solitary Ground Raised Therein Reads As Under:-

For Appellant: Shri Biren Shah & Shri Dhrunal Bhatt, ARsFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 143(2)Section 143(3)Section 14A

…is over assessed, the authorities under the Act are required to ensure that only legitimate tax dues are collected. This is the view which flows from innumerable judgments including CIT vs. Shelly Products (2003) 261 ITR 367 (SC), S. R. Koshti vs. CIT (2005) 276 ITR 165 (Guj), Ester Industries vs. CIT (2009) 185 TAXMAN 266 (Delhi) and CIT vs. Pruthvi Brokers & Shareholders (P.) Ltd. [2012] 349 ITR 336 (Bom). The essence of these decisions are that mere admission on the part of the assessee with respect to an addition/disallowance in its original return or in revised return would not ipso facto bar an assessee fr…