Tao Publishing (P) Ltd. v. Dy.CIT

370 ITR 135High Court2015#2869 most cited

What is Tao Publishing (P) Ltd. v. Dy.CIT authority for?

For a reassessment initiated beyond four years, if the reasons recorded for reassessment do not allege a failure by the assessee to make a true and full disclosure of all material facts, the Revenue cannot later contend such a failure to justify the reassessment. The basis for reassessment must be explicitly stated in the initial reasons supplied to the assessee.

41

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2025.

Also referred to as

Tao Publishing (P) Ltd. v. Dy.CIT · Section 147 · Section 143(3) · reassessment beyond four years · true and full disclosure · material facts disclosure · reasons recorded for reassessment · basis for reassessment notice · Bombay High Court · failure to disclose

Issues it is cited on

Judgments citing Tao Publishing (P) Ltd. v. Dy.CIT

H, L.G.Memorial Hospital (P) Ltd., Asansol vs. A.C.I.T., Circle-2, Asansol

In the result appeal of the assessee is allowed

ITA 2603/KOL/2019[2007-08]Status: DisposedITAT Kolkata13 Mar 2020AY 2007-08

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Assessment Years: 2007-08 Hlg Memorial Hospital Pvt. Ltd….………........................................................……………….…......Appellant Sen Railegh Road Asansol – 713 305 West Bengal [Pan : Aabch 3927 P] Vs. Asstt. Commissioner Of Income Tax, Circle-2, Asansol……………….............….……....…....Respondent Appearances By: Shri K.M. Roy, Fca, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 27Th, 2020 Date Of Pronouncing The Order : March 13Th , 2020 Order Per J. Sudhakar Reddy, Am :-

Section 143(3)Section 147Section 148Section 250

…Court in the case of Tao Publishing (P) Ltd. v. Dy.CIT reported in (2015) on’ble Bombay High Court in the case of Tao Publishing (P) Ltd. v. Dy.CIT reported in (2015) on’ble Bombay High Court in the case of Tao Publishing (P) Ltd. v. Dy.CIT reported in (2015) 370 ITR 135 (Bom.), has held as follows: 370 ITR 135 (Bom.), has held as follows:- “10. As stated above, the reasons supplied to the Petitioner do not disclose that there was any stated above, the reasons supplied to the Petitioner do not disclose that there was any stated above, the reasons supplied to the Petitioner do not disclose that there was any failu…

Indian Wire and Steel Products, Kolkata vs. A.C.I.T., Circle-44, Kolkata

In the result, the appeal of the assessee is allow

ITA 1160/KOL/2019[2010-1]Status: DisposedITAT Kolkata10 Jan 2020

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2010-11 Indian Wire & Steel Products.....…………........................................................……………….…......Appellant 2Nd Floor 113A, Manohar Das Katra Kolkata – 700 007 [Pan : Aaafi 7079 M] Vs. Asstt. Commissioner Of Income Tax, Circle-44, Kolkata………………………………….…....Respondent Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 10Th, 2019 Date Of Pronouncing The Order : January 10Th, 2020 Order Per J. Sudhakar Reddy, Am :-

Section 132(1)Section 147Section 250

…105/Kol/2015, order dt. 31/05/2017, held as follows: 4.4. The Hon’ble Bombay High Court in the case of 4.4. The Hon’ble Bombay High Court in the case of Tao Publishing (P) Ltd. v. Dy.CIT reported in (2015) Tao Publishing (P) Ltd. v. Dy.CIT reported in (2015) 370 ITR 135 (Bom.), has held as follows: 370 ITR 135 (Bom.), has held as follows:- “10. As stated above, the reasons supplied to the Petitioner do not disclose that there was any “10. As stated above, the reasons supplied to the Petitioner do not disclose that there was any “10. As stated above, the reasons supplied to the Petitioner do not disclose that the…

Rajendra Kumar Agrawal, Kolkata vs. ITO, Ward - 36(1), Kolkata

In the result appeal of the assessee is allowed

ITA 2437/KOL/2017[2009-10]Status: DisposedITAT Kolkata03 Aug 2018AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi) Assessment Year: 2009-10 Rajendra Kumar Agrawal...…..…….……………………..……………………………………………….…..Appellant Room No.-27 4Th Floor 1, R.N. Mukherjee Road Kolkata – 700 001 [Pan :Adcpa 9872 H] Income Tax Officer, Ward-36(1), Kolkata...........................................................……………..Respondent Appearances By: Shri A.K. Tibrewal, A/R & Sri Amit Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri S. Dasgupta, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : July 18Th, 2018 Date Of Pronouncing The Order : August 3Rd, 2018 Order Per J. Sudhakar Reddy, Am :-

Section 143(1)Section 143(3)Section 147Section 148Section 250

…f the Tribunal in the case of M/s. Beekay Steel Industries Ltd. vs. DCIT CC-XXX, Kolkata, in I.T.A. No. 105/Kol/2015, order dt. 31/05/2017, held as follows: 4.4. The Hon’ble Bombay High Court in the case of Tao Publishing (P) Ltd. v. Dy.CIT reported in (2015) 370 ITR 135 (Bom.), has held as follows:- “10. As stated above, the reasons supplied to the Petitioner do not disclose that there was any failure on the part of the Petitioner to provide all the material facts. That being the position, this ground could not have been taken up against the Petitioner at the time of disposing of the objections. Once this was no…