Therefore in SahkariKhandUdyogMandal Ltd. v. Asstt. CIT

370 ITR 107High Court2015#5339 most cited

What is Therefore in SahkariKhandUdyogMandal Ltd. v. Asstt. CIT authority for?

When reopening an assessment, the Assessing Officer must dispose of any objections filed by the assessee by passing a speaking order before proceeding with the assessment.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

Sahkari Khand Udyog Mandal Ltd. v. Asstt. CIT · section 147 · section 148 · reopening assessment · objections · speaking order · disposal of objections · assessment procedure

Also reported as

46 Taxmann.com 69225 Taxmann 51

Sections most often in play

Section 147Section 148Section 151Section 143(2)Section 143(3)Section 153CSection 68Section 132

Issues it is cited on

section 147(b)bogus share capitalsection 147(a)sanctioning authoritysection 151(1)principal officermlisection 292bbnon application of mindmaterial facts necessary for assessmentsection 153c(1)reasoned order

Judgments citing Therefore in SahkariKhandUdyogMandal Ltd. v. Asstt. CIT

DCIT, Chennai vs. Sterling Holiday Financial Services Ltd., Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 1128/CHNY/2016[2007-08]Status: DisposedITAT Chennai31 Oct 2017AY 2007-08

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita No.1128/Mds/2016 "नधा%रण वष% /Assessment Year: 2007-08

Section 143(3)Section 32(1)Section 32(2)

…claim is not allowed. Aggrieved, the assessee filed an appeal before the CIT (A). The CIT(A) by following the judgments of the Hon’ble Gujarat High Court in the case of General Motors India Pvt. Ltd. vs. DCIT (2013) 354 ITR 244 (Guj) and others reported in 370 ITR 107 (Guj) & 370 ITR 119 (Guj) allowed the appeal. Aggrieved against that order, the Revenue filed this appeal with the following grounds of appeal: 1. The order of the Ld CIT(A) is contrary to law and facts of the case. 2. The Ld CIT(A) direct the AO to allow set off of unabsorbed depreciation against capital gains. 2.1 The Ld CIT(A) failed to appr…

Vandana Gupta, New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed in part

ITA 2400/DEL/2013[2003-04]Status: DisposedITAT Delhi17 Nov 2015AY 2003-04

Bench: Shri J. Sudhakar Reddy, Am & Shri Sudhanshu Srivastava, Jm Assessment Year : 2003-04

For Appellant: Shri Naveen Gupta, AdvocateFor Respondent: Shri O.P. Meena, Sr. DR
Section 143(3)Section 147Section 148Section 68

…as not communicated by the AO. On a query from the Bench, he submitted that the assessee did not ask for the reason, but, nevertheless, non- furnishing of reasons makes the assessment bad in law in the light of the following:- 133 ITD 111 (Kol) (TM); and 2 370 ITR 107 (Guj) 4. On merits, he submitted that the identity of the creditor was not in doubt and the capacity of the creditor was good because Shri Manoj Kumar Batra is assessed both to income-tax as well as wealth-tax. On genuineness of the transaction, he pointed out that the payment has been made through banking channels and memorandum of gift as wel…