Sultana Begum v. Prem Chand Jain

259 ITR 449Supreme Court of India2003#684 most cited

What is Sultana Begum v. Prem Chand Jain authority for?

Section 144C(4) uses a non-obstante clause to expedite the final assessment order, requiring the Assessing Officer to pass it immediately upon acceptance or lack of objection to the TPO's order, irrespective of broader time limits under Section 153.

147

judgments rely on this decision, according to BharatTax’s citation analysis of 367,518 Indian tax judgments — from 2009 to 2026.

Also referred to as

Sultana Begum v Prem Chand Jain · section 144C(4) · section 153 · Assessing Officer duty · expedite assessment · TPO order acceptance · no objection TPO order · final order immediate · limitation period

Also reported as

126 Taxmann 321

Sections most often in play

Section 153Section 144CSection 92CASection 144C(13)Section 153(2A)Section 153(3)Section 153(1)Section 144C(12)

Issues it is cited on

section 144c(12)impermissible avoidance arrangementsection 140a(1)section 215section 262section 144c(4)section 207section 153(2a)section 141objections before drpreference to tposection 2(43)

Judgments citing Sultana Begum v. Prem Chand Jain

Deputy Commissioner of Income Tax (International Taxation) Circle-1(2), Bangalore vs. M/S Ibm India Pvt Ltd, Bangalore

In the result, the appeals by the revenue are dismissed

ITA 1300/BANG/2017[2013-14]Status: DisposedITAT Bangalore16 Nov 2018AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri P.C. Khincha, CAFor Respondent: Smt. Vandana Sagar, CIT(DR)(ITAT), Bengaluru

…ted in such a way as to avoid conflict between the various provisions and referred to the decision of Hon’ble Supreme Court in the case of CIT Vs. Hindustan Bulk Carriers IT(IT)A Nos.1288, 1291, 1294, 1297, 1300, 1303 & 1306/Bang/2017 Page 16 of 20 (2003) 259 ITR 449. The Tribunal referred to decision of Hon’ble Bombay ITAT in the case of BNB Paribas SA V DCIT (2013) Tax Corp (AT) 32700, which dealt with identical clause in DTAA between India-UAE which is similar to Article 24(1) of DTAA, wherein the Mumbai ITAT held that the purpose of Article 25(1) of the India-UAE DTAA which is similar to Article 24(1) of…

Deputy Commissioner of Income Tax International Taxation Circle-1(2), Bangalore vs. M/S Ibm India Private Limited, Bangalore

In the result, the appeals by the revenue are dismissed

ITA 1297/BANG/2017[2012-13]Status: DisposedITAT Bangalore16 Nov 2018AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri P.C. Khincha, CAFor Respondent: Smt. Vandana Sagar, CIT(DR)(ITAT), Bengaluru

…ted in such a way as to avoid conflict between the various provisions and referred to the decision of Hon’ble Supreme Court in the case of CIT Vs. Hindustan Bulk Carriers IT(IT)A Nos.1288, 1291, 1294, 1297, 1300, 1303 & 1306/Bang/2017 Page 16 of 20 (2003) 259 ITR 449. The Tribunal referred to decision of Hon’ble Bombay ITAT in the case of BNB Paribas SA V DCIT (2013) Tax Corp (AT) 32700, which dealt with identical clause in DTAA between India-UAE which is similar to Article 24(1) of DTAA, wherein the Mumbai ITAT held that the purpose of Article 25(1) of the India-UAE DTAA which is similar to Article 24(1) of…

Deputy Commissioner of Income Tax (International Taxation) Circle-1(2), Bangalore vs. M/S Ibm India Pvt Ltd, Bangalore

In the result, the appeals by the revenue are dismissed

ITA 1294/BANG/2017[2011-12]Status: DisposedITAT Bangalore16 Nov 2018AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri P.C. Khincha, CAFor Respondent: Smt. Vandana Sagar, CIT(DR)(ITAT), Bengaluru

…ted in such a way as to avoid conflict between the various provisions and referred to the decision of Hon’ble Supreme Court in the case of CIT Vs. Hindustan Bulk Carriers IT(IT)A Nos.1288, 1291, 1294, 1297, 1300, 1303 & 1306/Bang/2017 Page 16 of 20 (2003) 259 ITR 449. The Tribunal referred to decision of Hon’ble Bombay ITAT in the case of BNB Paribas SA V DCIT (2013) Tax Corp (AT) 32700, which dealt with identical clause in DTAA between India-UAE which is similar to Article 24(1) of DTAA, wherein the Mumbai ITAT held that the purpose of Article 25(1) of the India-UAE DTAA which is similar to Article 24(1) of…

Deputy Commissioner of Income Tax International Taxation Circle-1(2), Bangalore vs. M/S Ibm India Pvt Ltd, Bangalore

In the result, the appeals by the revenue are dismissed

ITA 1291/BANG/2017[2010-11]Status: DisposedITAT Bangalore16 Nov 2018AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri P.C. Khincha, CAFor Respondent: Smt. Vandana Sagar, CIT(DR)(ITAT), Bengaluru

…ted in such a way as to avoid conflict between the various provisions and referred to the decision of Hon’ble Supreme Court in the case of CIT Vs. Hindustan Bulk Carriers IT(IT)A Nos.1288, 1291, 1294, 1297, 1300, 1303 & 1306/Bang/2017 Page 16 of 20 (2003) 259 ITR 449. The Tribunal referred to decision of Hon’ble Bombay ITAT in the case of BNB Paribas SA V DCIT (2013) Tax Corp (AT) 32700, which dealt with identical clause in DTAA between India-UAE which is similar to Article 24(1) of DTAA, wherein the Mumbai ITAT held that the purpose of Article 25(1) of the India-UAE DTAA which is similar to Article 24(1) of…

Deputy Commissioner of Income Tax (International Taxation) Circle-1(1), Bangalore vs. M/S Ibm India Private Limited, Bangalore

In the result, the appeals by the revenue are dismissed

ITA 1288/BANG/2017[2009-10]Status: DisposedITAT Bangalore16 Nov 2018AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri P.C. Khincha, CAFor Respondent: Smt. Vandana Sagar, CIT(DR)(ITAT), Bengaluru

…ted in such a way as to avoid conflict between the various provisions and referred to the decision of Hon’ble Supreme Court in the case of CIT Vs. Hindustan Bulk Carriers IT(IT)A Nos.1288, 1291, 1294, 1297, 1300, 1303 & 1306/Bang/2017 Page 16 of 20 (2003) 259 ITR 449. The Tribunal referred to decision of Hon’ble Bombay ITAT in the case of BNB Paribas SA V DCIT (2013) Tax Corp (AT) 32700, which dealt with identical clause in DTAA between India-UAE which is similar to Article 24(1) of DTAA, wherein the Mumbai ITAT held that the purpose of Article 25(1) of the India-UAE DTAA which is similar to Article 24(1) of…

Handytankers K/S Agent of F.B. Maersk Tankers C/O Atlantic Shipping Pvt. Ltd., Sikka vs. The Dy. Commr. of Income Tax, (International Taxation), Rajkot-Gujarat

In the result, the appeals are allowed for statistical purposes

ITA 91/RJT/2016[2014-15]Status: DisposedITAT Rajkot09 Aug 2018AY 2014-15
Section 143(1)Section 143(3)Section 144CSection 144C(1)Section 147Section 172(4)

…ITA Nos. 756 of 2014, 276 of 2015 & 91/Rjt/2016 Assessment year: 2013-14 & 2014-15 Page 1 of 10 IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT (Through Video conferencing from E-Court at Ahmedabad) [Coram: Pramod Kumar AM and Rajpal Yadav JM] Assessment year: 2013-14 LR2 Management K/S ……………...........Appellant [As foreign commercial manager / agent of Principal freight beneficiary, Maersk Tankers Singapore Pte. Ltd (‘MTSPL)] Agent: Atlantic Shipping Pvt. Ltd., Plot No.12, Panchvati Colony, Sikka-361 140 [PAN: AADFL 6763 E] Vs Income Tax Officer (International Taxation) ………….……......Respondent Raj…

Lr2 Management K/S Agent of Principal Freight Beneficiary, Interocean Shipping (I) Pvt. Ltd., Jamnagar vs. The Income Tax Officer, (Inter. Taxa.), Rajkot-Gujarat

In the result, the appeals are allowed for statistical purposes

ITA 276/RJT/2015[2013-14]Status: DisposedITAT Rajkot09 Aug 2018AY 2013-14
Section 143(1)Section 143(3)Section 144CSection 144C(1)Section 147Section 172(4)

…ITA Nos. 756 of 2014, 276 of 2015 & 91/Rjt/2016 Assessment year: 2013-14 & 2014-15 Page 1 of 10 IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT (Through Video conferencing from E-Court at Ahmedabad) [Coram: Pramod Kumar AM and Rajpal Yadav JM] Assessment year: 2013-14 LR2 Management K/S ……………...........Appellant [As foreign commercial manager / agent of Principal freight beneficiary, Maersk Tankers Singapore Pte. Ltd (‘MTSPL)] Agent: Atlantic Shipping Pvt. Ltd., Plot No.12, Panchvati Colony, Sikka-361 140 [PAN: AADFL 6763 E] Vs Income Tax Officer (International Taxation) ………….……......Respondent Raj…

Lr2 Management K/S (As Foreign Commr. Manager/Agent of Principal Freight Beneficiary, Torm A/S Maersk Tankers Singapore P. Ltd., Sikka vs. The Income Tax Officer, Inter. Taxa., Rajkot-Gujarat

In the result, the appeals are allowed for statistical purposes

ITA 756/RJT/2014[2013-14]Status: DisposedITAT Rajkot09 Aug 2018AY 2013-14
Section 143(1)Section 143(3)Section 144CSection 144C(1)Section 147Section 172(4)

…ITA Nos. 756 of 2014, 276 of 2015 & 91/Rjt/2016 Assessment year: 2013-14 & 2014-15 Page 1 of 10 IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT (Through Video conferencing from E-Court at Ahmedabad) [Coram: Pramod Kumar AM and Rajpal Yadav JM] Assessment year: 2013-14 LR2 Management K/S ……………...........Appellant [As foreign commercial manager / agent of Principal freight beneficiary, Maersk Tankers Singapore Pte. Ltd (‘MTSPL)] Agent: Atlantic Shipping Pvt. Ltd., Plot No.12, Panchvati Colony, Sikka-361 140 [PAN: AADFL 6763 E] Vs Income Tax Officer (International Taxation) ………….……......Respondent Raj…

M/S. Vedika Nut Craft Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, both the appeals filed for Assessment Year 2010-11

ITA 5082/DEL/2015[2011-12]Status: DisposedITAT Delhi24 Jul 2018AY 2011-12

Bench: Sri R.K.Panda & Smt. Beena A Pillai

For Appellant: S/Shri Gautam Jain, Piyush Kr. Kamal, AdvFor Respondent: Sri Vijay Kr. Jiwani, Sr. D.R
Section 154Section 234BSection 234B(1)Section 245

…he appellant company and therefore untenable. 3. That the learned Commissioner of Income Tax (Appeals) while upholding the order and levy of interest has erroneously applied the judgment of Apex Court in the case of CIT vs. Hindustan Bulk Carriers reported in 259 ITR 449 and failed to appreciate the order of Settlement Commission in the case of Omax Autos Limited vs.CIT (Central), Gurgaon following the judgment of Karnataka High Court in the case of Vijay Kumar Saboo (HUF) and Another vs. ACIT reported in 340 ITR 382 and Kerala High Court in the case of CIT vs. B. Laxmikanthan reported in 198 Taxman 485. 4. That…

M/S. Vedika Nut Craft Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, both the appeals filed for Assessment Year 2010-11

ITA 5081/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Jul 2018AY 2010-11

Bench: Sri R.K.Panda & Smt. Beena A Pillai

For Appellant: S/Shri Gautam Jain, Piyush Kr. Kamal, AdvFor Respondent: Sri Vijay Kr. Jiwani, Sr. D.R
Section 154Section 234BSection 234B(1)Section 245

…he appellant company and therefore untenable. 3. That the learned Commissioner of Income Tax (Appeals) while upholding the order and levy of interest has erroneously applied the judgment of Apex Court in the case of CIT vs. Hindustan Bulk Carriers reported in 259 ITR 449 and failed to appreciate the order of Settlement Commission in the case of Omax Autos Limited vs.CIT (Central), Gurgaon following the judgment of Karnataka High Court in the case of Vijay Kumar Saboo (HUF) and Another vs. ACIT reported in 340 ITR 382 and Kerala High Court in the case of CIT vs. B. Laxmikanthan reported in 198 Taxman 485. 4. That…

Vinca Developer P.Ltd, Mumbai vs. Asst CIT Cir 11(3)(2), Mumbai

In the result, appeal of the assessee is allowed

ITA 2087/MUM/2017[2012-13]Status: DisposedITAT Mumbai22 Jun 2018AY 2012-13

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2012-13

For Appellant: Shri Anuj Kisnadwala, A.RFor Respondent: Shri V. Jenardhanan, D.R
Section 271Section 92Section 92A(1)Section 92A(2)Section 92A(2)(c)

…erpreted in such a manner as to make it workable rather than redundant. This principle is expressed in the latin maxim "ut res magis valeat quam pereat. Explaining this principle, Hon'ble Supreme Court has, in the case of CIT v. Hindustan Bulk Carriers [2003] 259 ITR 449/126 Taxman 321 (SC), has observed that "A construction which reduces the statute to a futility has to be avoided" and that "A statute or any enacting provision therein must be so construed as to make it effective and operative on the principle expressed in maxim utres magis valeat quam pereat i.e., a liberal construction should be put upon writte…

Asst CIT 11(3)(2), Mumbai vs. Vinca Developers P.Ltd, Mumbai

In the result both the appeals filed by the assessee is partly allowed and

ITA 649/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 May 2018AY 2011-12

Bench: Shri R.C. Sharma & Shri Pawan Singhacit-11(3)(2), M/S Vinca Developers Pvt. Ltd. 6Th Floor, Akruti Trade Centre, Room No. 427, Aayakar Bhavan, M.K. Road, Road No. 07, Marol Midc, Vs. Mumbai-400020. Andheri (East), Mumbai-400072 Pan:Aaccv8042J (Appellant) (Respondent) Cross Objection No. 33/Mum/2016 (Ita No. 649/Mum/16 (A.Y- 2011-12) M/S Vinca Developers Pvt. Ltd. Acit-11(3)(2), 6Th Floor, Akruti Trade Centre, Room No. 427, Aayakar Road No. 07, Marol Midc, Bhavan, M.K. Road, Vs. Mumbai-400020. Andheri (East), Mumbai-400072 Pan:Aaccv8042J (Appellant) (Respondent) Ita No. (Tp)A 1854/Mum/2016 (Assessment Year- 2011-12) M/S Vinca Developers Pvt. Ltd. Acit-11(3)(2), 6Th Floor, Akruti Trade Centre, Room No. 427, Aayakar Road No. 07, Marol Midc, Bhavan, M.K. Road, Vs. Andheri (East), Mumbai-400020. Mumbai-400072 Pan:Aaccv8042J (Appellant) (Respondent)

For Appellant: Shri Vijay Mehta (AR)For Respondent: Shri V. Jenardhanan (DR)
Section 143(3)Section 144C(13)Section 254(1)Section 36(1)(iii)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “K”, MUMBAI BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ACIT-11(3)(2), M/s Vinca Developers Pvt. Ltd. 6th Floor, Akruti Trade Centre, Room No. 427, Aayakar Bhavan, M.K. Road, Road No. 07, Marol MIDC, Vs. Mumbai-400020. Andheri (East), Mumbai-400072 PAN:AACCV8042J (Appellant) (Respondent) Cross Objection No. 33/Mum/2016 (ITA No. 649/Mum/16 (A.Y- 2011-12) M/s Vinca Developers Pvt. Ltd. ACIT-11(3)(2), 6th Floor, Akruti Trade Centre, Room No. 427, Aayakar Road No. 07, Marol MIDC, Bhavan, M.K. Road, Vs. Mumbai-400020. Andheri (East), Mum…

The Baba Nag Rice & Genral Mills, Amritsar vs. The Commissioner of Income Tax, Amritsar

In the result, the assessee’s appeal is dismissed

ITA 375/ASR/2016[1998-99]Status: DisposedITAT Amritsar24 May 2018AY 1998-99

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 375/Asr/2016 Assessment Year: 1998-99

For Appellant: Sh. Sudarshan Kapoor (Adv.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(1)Section 143(1)(a)Section 143(3)Section 147Section 154Section 234BSection 234B(1)Section 234B(3)Section 244A

…be deposited, would call for being reviewed, besides the relevant case law by the higher courts of law, to some of which reference has been made by the Revenue. Reference in this regard may also be made to the decision in CIT v. Hindustan Bulk Carriers [2003] 259 ITR 449 (SC). The moot question, perhaps, required to be answered is if the obligation to deposit advance-tax, which is on the ‘currrent income’, be construed (for the purpose of charge of interest on the shortfall in advance-tax) as represented by income as originally assessed or as finally assessed. This is as if it is to be as finally assessed, as the…

Welspun Corp Ltd, Mumbai vs. DCIT Cen Cir 22, Mumbai

In the result, the appeals filed by the assesses in ITA No

ITA 5371/MUM/2015[2006-07]Status: DisposedITAT Mumbai25 Apr 2018AY 2006-07

Bench: Shri C.N. Prasad () & Shri G Manjunatha ()

Section 143(3)Section 14ASection 153ASection 40

…, there is still time to issue notice u/s 148, then all that can be done u/s 147 can be done u/s 153A. The Ld.Senior Counsel referring to the provisions of section 153A and the decision of Hon’ble Supreme Court in the case of CIT vs Hindustan Bulk Carriers 259 ITR 449 (SC) submitted that the provisions of one section of the statute cannot be used to defeat those of another unless it is impossible to effect resilient between them. Thus, a construction that reduces one of the provisions to a useless lumber or dead letter is not a harmonised construction. To harmonise is not to destroy. The Ld.Senior Counsel…

M/S Hotel Hamilton Complex vs. The Income Tax Settlement

WP/50321/2015HC Karnataka04 Sept 2017

Bench: The Hon'Ble Dr.Justice Vineet Kothari

Section 190(1)Section 234BSection 245DSection 245D(4)Section 4(1)

…OF INCOME TAX decided on 21.10.2010 reported in (2010) 235 CTR 0417= (2010) 328 ITR 0477 in which the Hon’ble Supreme Court interalia, disapproving the earlier decision in the case of CIT vs Hindustan Bulk Carriers ((2003) 179 CTR (SC) 362) = ((2003) 259 ITR 449 (SC)), held as under: Date of Order 04-09-2017 W.P.Nos.50321-328/2015 M/s Hotel Hamilton Complex Vs. The Income Tax Settlement Commission & Ors. 4/8 “By its very nature, advance tax is a pre- assessment collection of tax either by deduction at source or by payment of advance tax which ha…

Orchid Chemicals and Pharmaceuticals Limited, Chennai vs. DCIT, Chennai

In the result, the appeal is allowed in the terms indicated above

ITA 771/CHNY/2016[2011-12]Status: DisposedITAT Chennai30 Nov 2016AY 2011-12
Section 143(3)Section 92A(2)(i)

…preted in such a manner as to make it workable rather than redundant. This principle is expressed in the latin maxim “ut res magis valeat quam pereat”. Explaining this principle, Hon’ble Supreme Court has, in the case of CIT Vs Hindustan Bulk Carriers [(2003) 259 ITR 449 (SC)], has observed that “A construction which reduces the statute to a futility has to be avoided” and that “A statute or any enacting provision therein must be so construed as to make it effective and operative on the principle expressed in maxim utres magis valeat quam pereat i.e., a liberal construction should be put upon written instruments,…

Abb Fz-Llc, Bangalore vs. ITO, Bangalore

In the result, the appeal of the assessee is allowed

ITA 188/BANG/2016[2012-13]Status: DisposedITAT Bangalore28 Oct 2016AY 2012-13

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Sampath Raghunathan, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-III (D.R)
Section 143(3)Section 9(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘ C ’ BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER I.T.(I.T) A. No.188/Bang/2016 (Assessment Year : 2012-13) M/s. ABB FZ-LLC, C/o ABB India Ltd., 21st Floor, World Trade Centre, Dr.Raj Kumar Road,, Malleswaram (West), Bangalore-560 055. …. Appellant. PAN AAICA 6462B Vs. Income Tax Officer (international Transactions), Ward 1(1), Bangalore. ….. Respondent. Appellant By : Shri Sampath Raghunathan, Advocate. Respondent By : Shri Sanjay Kumar, CIT-III (D.R) Date of Hearing : 17.10.2016. Date of Pronouncement : 28.10…

Asst CIT 16(3), Mumbai vs. K.P. Sanghvi & Sons, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 4588/MUM/2014[2009-10]Status: DisposedITAT Mumbai29 Sept 2016AY 2009-10

Bench: Sri Mahavir Singh, Jm & Sri Ramit Kochar, Am The Asst. Commissioner Of Vs. M/S K P Sanghvi & Sons, Income Tax -16(3), Matru 1301, Prasad Chambers, Mandir, Tardeo Road, Operahouse,Mumbai-4 Mumbai-400007 Pan:Aaafk8390F .. Appellant Respondent Appellant By .. Sri R P Meena Respondent By .. Sri K Shivram Date Of Hearing .. 29-09-2016 Date Of Pronouncement .. 29 -09- 2016 O R D E R Per Mahavir Singh, Jm: This Appeal By The Revenue Is Arising Out Of The Order Of The Cit (Appeals)-27, Mumbai In Appeal No.Cit(A)-27/Ac-16(3)/135/13-14 Dated 22.4.2014. Assessment Was Framed By The Acit- Circle 16(3), Mumbai For The Assessment Year 2009-10 Vide His Order Dated 28.3.2013 U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”).

Section 143(3)

…ods held in stock." . (Emphasis supplied) 2.4.27 In light of the above, while construing as to what constitutes a 'hedging contract", we may derive guidance from the observations made by Hon'ble Supreme Court, in the case CIT v. Hindustan Bulk Carriers [2003] 259 ITR 449/126 Taxman 321(SC) , as follows: ―A construction which reduces the statute to a futility has to be avoided. A statute or any enacting provision therein must be so construed as to make it effective and operative on the principle expressed in maxim ut res magis valeat quam pereat i.e., a liberal construction should be put upon written instruments,…

Brij Lal vs. Commnr. of Income Tax, Jalandhar

C.A. No.-000516-000527 - 2004Supreme Court21 Oct 2010
Section 139Section 142Section 143Section 144Section 148Section 154Section 234BSection 245D(1)Section 245D(4)Section 5

…s not decided. In fact, that was the reason for the Orders of Reference to the Constitution Bench of this Court vide orders dated 14.12.2004 and 20.1.2005. There is one more reason for this Reference. In the case of CIT v. Hindustan Bulk Carrier [(2003) 259 ITR 449], a 3- Judge Bench of this Court, by majority, held that where, upon the Order of the Settlement Commission under section 245D(4), there arises a deficit in the payment of advance tax under section 208, the end point or the terminus of the period for which interest has to be paid under section 234B on the deficit is the date on which…

Rajan Gupta vs. Commissioner of Income Tax

The appeal is allowed as aforesaid

ITA/884/2009HC Delhi05 Jul 2010
For Appellant: Mr M.P. Rastogi with Mr R. Kumar and Mr K.N. AhujaFor Respondent: Ms Prem Lata Bansal
Section 143(2)Section 158BSection 245CSection 245D(1)Section 260A

…usion of time would also be applicable to the issuance of a notice under Section 143(2). 5. That learned counsel for the appellant / assessee, in rejoinder, drew our attention to the Supreme Court decision in the case of CIT v. Hindustan Bulk Carriers: 259 ITR 449 (SC), wherein the Supreme Court held that the mere filing of an application by the assessee before the Settlement Commission would have no adverse effect on the proceedings of assessment or recovery pending or initiated against the assessee under the regular procedure for assessment and recovery of dues under the said Act. 2010:DHC:3270-DB…