Sunder Carpet Industries v. ITO

324 ITR 417High Court2010#3960 most cited

What is Sunder Carpet Industries v. ITO authority for?

A Departmental Valuer's Report constitutes material for forming a belief of escaped income, validating reassessment proceedings.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Sunder Carpet Industries v. ITO · 324 ITR 417 · Section 142A · Section 148 · Departmental Valuer's Report · escaped income · reassessment valid

Judgments citing Sunder Carpet Industries v. ITO

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR., KANPUR vs. M/S. SUSHRUT INSTITUTE OF PLASTIC SURGERY PRIVATE LIMITED, LUCKNOW

The appeal of the Department stands dismissed whereas the Cross Objection of the assessee stands allowed

ITA 30/LKW/2023[2019-20]Status: DisposedITAT Lucknow31 Jul 2025AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. M/S Sushrut Institute Of Plastic Central Circle 2 Surgery Private Limited Kanpur 29, Shahmeena Road Lucknow Tan/Pan:Aaics2582G (Appellant) (Respondent) C.O. No.15/Lkw/2023 [Arising Out Of Ita No.30/Lkw/2023] Assessment Year: 2019-20 M/S Sushrut Institute Of Plastic V. The Acit Surgery Private Limited Central Circle 2 29, Shahmeena Road Kanpur Lucknow Tan/Pan:Aaics2582G (Cross - Objector) (Respondent)

For Appellant: Shri Ashish Jaiswal AdvocateFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 115BSection 133ASection 142ASection 143(3)Section 2(24)(x)Section 271ASection 36(1)(va)Section 69Section 69A

…king reference under Section 131 (1) (d) of the Act or calling for a report of the valuer under Section 142A of the Act. Our attention was also invited to a judgment of this Court in the case of Sunder Carpet Industries Vs. Income Tax Officer & Anr., [(2010) 324 ITR 417 (All)]. On the consideration of this judgment, we find that the question framed for consideration was whether the notice issued under Section 142A and under Section 148 of the Act can be quashed? It is in this context that the Court had examined the case whether there was material on record to arrive at a belief that there was escaped assessment.…

OM PRAKASH SINGH,ALLAHABAD vs. ACIT, CENTRAL CIRCLE, , ALLAHABAD

In the result, the appeal is partly allowed

ITA 114/ALLD/2023[2017-18]Status: DisposedITAT Allahabad27 Dec 2024AY 2017-18

Bench: Sh. Udayan Das Gupta & Sh. Nikhil Choudharya.Y. 2017-18 Om Prakash Singh, Vs. Assistant Commissioner Of 147A/2, Tagore Town, J.L.N. Income Tax, Central Circle, Road, Allahabad, U.P. Allahabad, U.P. Pan:Aiepp0574G (Appellant) (Respondent) Assessee By: Sh. Ashish Bansal, Adv Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 01.10.2024 Date Of Pronouncement: 27.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Cit(A)-, Lucknow-3, Dated 11.07.2023 Passed Under Section 250 Of The Income Tax Act, 1961. The Grounds Of Appeal Preferred Are As Under:- “1. Because Proceeding Under Section 147 Of The Act By Issuance Of Notice Dated 30.03.2021 Under Section 148 On The Basis Of D.V.O. Report His Only Erroneous & Bad, Assessment Order Dated 23.03.2022 Passed In Consequence Of Said Proceeding Is Wholly Without Jurisdiction, Accordingly, The Entire Proceeding In Consequence Of Notice Dated 30.03.2021 Are Vitiated & Not Maintainable. Without Prejudice To The Aforesaid 2. Because The Addition Of Rs.9,26,796/- Made By The Ld. Assessing Officer On Account Of Alleged Difference In The Valuation Of Office Building Between The Value Appearing In The Audited Books Of Account As Compared To The Valuation Made By The D.V.O., As Also Confirm By The Id. Cit(A), Is Wholly Erroneous As The Report Of The Valuation Officer Is An Estimate & The Same

For Appellant: Sh. Ashish Bansal, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 115BSection 133ASection 142(1)Section 143(3)Section 147Section 148Section 250Section 69

…ad been nullified by the insertion of section 142A and therefore, additions could be made on the basis of reference made to the DVO. Reliance was also placed on the decision of Hon’ble Allahabad High Court in the case of Sundar Carpet Industries vs. ITO [210] 324 ITR 417 (Allahabad) wherein it had been held that the DVO’s report constituted material for entertaining a belief of escaped income in the years under consideration and therefore, the re-assessment was justified. Similarly, the ld. DR drew our attention to the decision of the Hon’ble Delhi High Court in the case of Bawa Abhai Singh vs. DCIT [2001] 253 IT…

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