Sagar Enterprises v. ACIT

257 ITR 335High Court2002#2587 most cited

What is Sagar Enterprises v. ACIT authority for?

Reassessment proceedings under Section 147/148 are invalid if the Assessing Officer's recorded reasons for believing income has escaped assessment are based on factually incorrect premises or do not exist on record, as such reasons cannot confer jurisdiction.

45

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2026.

Also referred to as

Sagar Enterprises v. ACIT · Section 147 · Section 148 · reopening of assessment · factually incorrect reasons · invalid jurisdiction · reasons recorded dehors the fact · income escaping assessment · application of mind · no independent enquiry · reasons not on record

Issues it is cited on

Judgments citing Sagar Enterprises v. ACIT

Seema Singh, New Delhi vs. Income Tax Officer Ward 32(3), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2777/DEL/2023[2011-12]Status: DisposedITAT Delhi30 Apr 2024AY 2011-12

Bench: Shri Kul Bharat & Dr.B.R.R.Kumar[Assessment Year : 2011-12] Seema Singh, Vs Ito, E-65, Chatterpur Extension, Near Ward-32(3), Suman Chowk, New Delhi-110074. New Delhi. Pan-Cazps4606K Appellant Respondent Appellant By Shri Pulkit Verma, Adv. Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 23.04.2024 Date Of Pronouncement 30.04.2024 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Ld.Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi Dated 29.03.2023 For The Assessment Year 2011-12. 2. The Assessee Has Raised Following Grounds Of Appeal:-

Section 143(2)Section 144Section 147Section 148

…arious Tribunals: - i. Artech Infosystems reported in 206 Taxman 432 (Del.) ii. CIT V. Narain Das Taneja order dated 18.12.2014 in ITA No. 769/2014. iii. Baba Kartar Singh Dukki Educational Trust V. ITO [2015] 63 Taxmann.com 112. iv. Mitul Gems V. ACIT [2015] 62 Taxmann.com 66. v. CIT V. Atlas Cycle Industries 180 ITR 319. (P&H). Further, the coordinate bench of this Hon'ble Tribunal in the case of Shark Packaging (P.) Ltd. V. ITO in ITA No. 8309/Del/2019 categorically held that reassessment initiated on the basis of incorrect facts depicts non- application of mind on the part of AO and liable to be quashed. The…

Sri.John Mathew N, Alappuzha vs. The ITO, WD-2, Alappuzha

In the result, the appeal by the assessee is dismissed

ITA 81/COCH/2018[2001-02]Status: DisposedITAT Cochin24 Feb 2023AY 2001-02

Bench: Shri Sanjay Arora & Shri Sandeep Gosainshri John Mathew N. The Income Tax Officer Neroth House Ward - 2, Alleppey Vs. No. 1, Jubilee Road Alappuzha [Pan: Acupm8885D] Appellant Respondent Appellant By: Shri Anil D. Nair & Shri P.K. Biju, Advocates Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 03.02.2023 Date Of Pronouncement: 24.02.2023 O R D E R Per Bench This Appeal By The Assessee Challenges The Validity Of The Reassessment Under Section 147 Read With Section 143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) Dated 20.11.2007 For Assessment Year (Ay) 2001-02, Since Upheld In First Appeal Vide Order Dated 24.01.2018 By The Commissioner Of Income Tax (Appeals), Kottayam (‘Cit(A)’ For Short). 2.1 At The Outset, Shri Anil D. Nair, The Ld. Counsel For The Assessee-Appellant, Would Submit That The Basis Of The Assessee’S Challenge Is Two-Fold: (A) Non-Supply Of The Reasons Recorded; & (B) True & Full Disclosure Of All Material Facts Relating To The Income Escaping Assessment By The Assessee Per His Return Of Income.

For Appellant: Shri Anil D. Nair &For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(2)Section 143(3)Section 147Section 148(2)Section 230ASection 234B

…e, explaining that being the reason for his limiting his challenge to the two areas afore-stated (see para 2.1). The appeal in fact involves, he would continue, another legal issue in view of the decisions in the case of Sagar Enterprises vs. Asst. CIT [2002] 257 ITR 335 (Guj) and DHFL Venture Capital Fund vs. ITO [2013] 358 ITR 471 (Bom). In both these decisions it stands clarified that reassessment under the Act cannot be contingent on the happening of a future event, or a hypothesis. It only relates to the income that has already escaped assessment, i.e., an event that has already taken place, which cannot thu…