Travancore Diagnostics P. Ltd. v. ACIT

390 ITR 167High Court2017#2290 most cited

What is Travancore Diagnostics P. Ltd. v. ACIT authority for?

Failure to issue notice under section 143(2) before finalizing a reassessment order under section 147 is a fatal jurisdictional error, and this defect cannot be cured by invoking section 292BB of the Income-tax Act. Consequently, such a reassessment order is not sustainable in law.

50

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2026.

Also referred to as

Travancore Diagnostics v ACIT · section 143(2) notice · reassessment validity · section 147 · section 148 · section 292BB · jurisdictional error · assessment procedure · failure to issue notice · Kerala High Court · 390 ITR 167

Sections most often in play

Section 142(2A)Section 153ASection 132Section 143(3)Section 147Section 69CSection 143(2)Section 148

Issues it is cited on

section 24asection 56(2)(vii)(c)section 153a(b)section 245c(1)section 245d(1)section 17(2)settlement applicationsection 24(b)house property incomeannual valuesection 158bbdemerger

Judgments citing Travancore Diagnostics P. Ltd. v. ACIT

ARUN KUMAR MAURYA,LUCKNOW vs. ITO-2(1), LUCKNOW

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

ITA 415/LKW/2023[2014-15]Status: DisposedITAT Lucknow30 Mar 2026AY 2014-15

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 143(2)Section 147Section 50CSection 56Section 56(2)Section 56(2)(vii)Section 69

…the Supreme Court held that the requirement to issue notice under section 143(2) was mandatory. It was not "a procedural irregularity and the same is not curable and, therefore, the requirement of notice under section 143(2) cannot be dispensed with". [2017] 390 ITR 167 (Ker) Travancore Diagnostics (P) Ltd. Vs. ACIT (Case laws Paper book pages 58-61) Reassessment- Notice- ValidityReassessment can be made within time for regular assessment- Reassessment under section 147 read with section 143(3)- Condition precedent- Notice u/s 143(2) Omission to issue notice under I.T.A. No.415/LKW/2023 Assessment Year:2014-15 2…

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

ITA 2577/CHNY/2025[2018-19]Status: DisposedITAT Chennai09 Mar 2026AY 2018-19

Bench: This Tribunal.

Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals. 10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hotel…

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

In the result, the appeals filed by the assessees in ITA Nos

ITA 2576/CHNY/2025[2016-17]Status: DisposedITAT Chennai09 Mar 2026AY 2016-17

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. G. Tarun, AdvocateFor Respondent: Ms. R. Anitha, Addl. CIT
Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals. 10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hotel h…

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

In the result, the appeals filed by the assessees in ITA Nos

ITA 2575/CHNY/2025[2015-16]Status: DisposedITAT Chennai09 Mar 2026AY 2015-16

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. G. Tarun, AdvocateFor Respondent: Ms. R. Anitha, Addl. CIT
Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals. 10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hotel h…

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

In the result, the appeals filed by the assessees in ITA Nos

ITA 2574/CHNY/2025[2014-15]Status: DisposedITAT Chennai09 Mar 2026AY 2014-15

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. G. Tarun, AdvocateFor Respondent: Ms. R. Anitha, Addl. CIT
Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals. 10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hotel h…

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

In the result, the appeals filed by the assessees in ITA Nos

ITA 2573/CHNY/2025[2013-14]Status: DisposedITAT Chennai09 Mar 2026AY 2013-14

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. G. Tarun, AdvocateFor Respondent: Ms. R. Anitha, Addl. CIT
Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals. 10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hotel h…

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

In the result, the appeals filed by the assessees in ITA Nos

ITA 2571/CHNY/2025[2012-13]Status: DisposedITAT Chennai09 Mar 2026AY 2012-13

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. G. Tarun, AdvocateFor Respondent: Ms. R. Anitha, Addl. CIT
Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals. 10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hotel h…

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

ITA 2570/CHNY/2025[2011-12]Status: DisposedITAT Chennai09 Mar 2026AY 2011-12

Bench: This Tribunal. 2. Since, The Facts Are The Identical Across All The Appeals / For All The Assessment Years, Except For The Nature Of The Additions / Disallowances Varying In Few Of The Assessment Year(S) Before This Tribunal In The Present Batch Of 6 Appeals, The Appeal Arising From The A.Y. 2012-13 Is Being Taken Up As The Lead Case With The Consent Of The Both The Ld. Ar As Well As The Departmental Representatives. 3. The Brief Fact Of The Present Case Is That The Assessee, Shri Thanushkodi Narayanan, Is The Managing Director Of M/S.Annai Builders Real Estates Pvt Ltd. The Assessee Filed His Original Return Of Income For The A.Y. 2012-13 On 27.09.2012 In Declaring A Total Income Of Rs.24,87,430/-. 4. A Search & Seizure Operation Was Carried Out In Terms Of Section 132 Of The Act On 04.10.2017 In The Residential Premises Of The Assessee & Also In The Premises Of M/S.Annai Builders Real Estates Pvt. Ltd. In Which The Assessee Is The Managing Director. 5. Thereafter, A Notice U/S.153A Of The Act For The A.Y.2012-13 Was Issued On 25.09.2018 To The Assessee By The Assessing Officer (In Short “Ao”) & In Response To The Same, The Assessee Had Filed E-Return Of Income For The A.Y. 2012-13 On 17.08.2019 In Declaring Total Income Of Rs.14,53,440/-. :-3-:

Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals. 10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hotel h…

JOTHI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-2(2), CHENNAI

ITA 2569/CHNY/2025[2011-12]Status: DisposedITAT Chennai09 Mar 2026AY 2011-12
Section 132Section 142Section 142(1)Section 143(2)Section 153A

…thority appears to have found that the Department was not justified in doing so, the Appellate Tribunal took a contrary view based solely on the judgments of this Court in Travancore Diagnostics Pvt. Ltd. v. Asstt. CIT [2016] 74 taxmann.com 239/244 Taxman 316/390 ITR 167(Ker)] and CIT v. Hotel Meriya [2010] 195 Taxman 459/332 ITR 537 (Kerala). It is the correctness of the said view of the Appellate Tribunal that we are called upon to examine in these appeals.\n\n10. In the case of Hotel Meriya (supra) the Assessing Officer, during the search operations under Section 132 of the I.T.Act, in the premises of the Hote…

MAHENDRA SHARMA,JAIPUR vs. ITO, WARD-3(1), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 654/JPR/2023[2011-12]Status: DisposedITAT Jaipur25 Mar 2025AY 2011-12
For Appellant: Shri Sarwan Kumar Gupta, AdvFor Respondent: Shri Anup Singh, Addl.CIT
Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

…assessment cannot be passed without notice under section 143(2).\nJurisdictional error cannot be cured by section 292BB.\n\n1.12 CIT V/s Jai Shiv Shankar Traders Pvt. Ltd. (2016) 383 ITR 448 (Del) Held\nAlso refer Travancore Diagnostics (P.) Ltd. v ACIT (2017)390 ITR 167 (Ker)]\nFailure of AO to issue notice under section 143(2) prior of finalizing re-assessment order\ncould not be condoned by referring to Sec. 292BB and is fatal to the order of re-\nassessment-Re-assessment was not sustainable in law.\n\n1.13 ALOK MITTAL V/S DCIT (2008) 162 DTR 13 (Kol.) (Trib.) Sec 147,\n292BAssessment made by the AO u/s 147 wi…

RAMA MOHAN SOMA,ANANTAPUR vs. INCOME TAX OFFICER, WARD -1, HINDUPUR

In the result, the appeal of the assessee is allowed

ITA 180/HYD/2024[2012-13]Status: DisposedITAT Hyderabad09 May 2024AY 2012-13

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia, Accounant Member Assessment Year: 2012-13 Rama Mohan Soma, Vs. The Income Tax Officer, H.No.12-274-3, Bypass Ward – 1, Road, Kadiri, Anantapur, Hindupur. Andhra Pradesh – 515591. Pan : Aocps8172D (Appellant) (Respondent) Assessee By: Shri G. Srinivasa Rao, C.A. Revenue By: Shri Shakeer Ahamed, Sr.Ar. Date Of Hearing: 02.05.2024 Date Of Pronouncement: 09.05.2024 O R D E R Per Laliet Kumar, J.M. The Appeal Of The Assessee For A.Y. 2012-13 Arises From Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dt.27.12.2023 Invoking Proceedings Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short, “The Act”). 2. The Grounds Raised By The Assessee Read As Under :

For Appellant: Shri G. Srinivasa Rao, C.AFor Respondent: Shri Shakeer Ahamed, Sr.AR
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 156Section 254Section 69B

…आयकर अपीलीय अधिकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A” , HYDERABAD BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND SHRI MADHUSUDAN SAWDIA, ACCOUNANT MEMBER Assessment Year: 2012-13 Rama Mohan Soma, Vs. The Income Tax Officer, H.No.12-274-3, Bypass Ward – 1, Road, Kadiri, Anantapur, Hindupur. Andhra Pradesh – 515591. PAN : AOCPS8172D (Appellant) (Respondent) Assessee by: Shri G. Srinivasa Rao, C.A. Revenue by: Shri Shakeer Ahamed, Sr.AR. Date of hearing: 02.05.2024 Date of pronouncement: 09.05.2024 O R D E R PER LALIET KUMAR, J.M. The appeal of the assessee for A.Y. 2012-13…

M.P. POONIA,JODHPUR vs. ITO, BIKANER

In the result, the appeal of the assessee is allowed

ITA 389/JODH/2019[2008-09]Status: DisposedITAT Jodhpur04 Oct 2023AY 2008-09
Section 139(1)Section 143(1)Section 143(2)Section 148Section 154Section 154(8)

…ice u/s 143(2) is invalid and void. Rajasthan High Court in a recent decision dated 10.7.2018, DB ITA No. 197/2018 in the case of Sh. M.P. Poonia vs. ITO PCIT Vs. Kamla Devi Sharma, relying on the decisions of the Supreme Court in Hotel Blue Moon 321 ITR 362, 390 ITR 167 (Ker) Travancore Diagnostics (P) Ltd. Vs. ACIT, 323 ITR 249 Delhi High Court DIT V/S Society for Worldwide Inter Bank Financial Telecommunications, ) 90 DTR 289 Saptha Giri Finance & Investments V/S ITO (Madras High Court), Delhi High Court in the case of M/s Alpine Electronics Asia PTE Ltd., Allahabad High Court decision in CIT v. Salarpur Cold…

GONUGUNTLA NIRMALA DEVI,ANNATAPUR vs. ACIT, CIRCLE-1, ANANTAPUR

In the result, the appeal of the assessee is dismissed

ITA 412/HYD/2022[2012-13]Status: HeardITAT Hyderabad17 Aug 2023AY 2012-13
For Appellant: Shri R. Venkataraman, AR
Section 139Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…n the cases of CIT vs. Sukhini P. Modi (2014) 367 ITR 682 (Gujarat), PCIT vs. Oberoi Hotels (P.) Ltd (2018) 409 ITR 132 (Calcutta), Pr.CIT vs. Shri Jai Shiv Shankar Traders (P.) Ltd. (2016) 383 ITR 448 (Del) and Travancore Diagnostics (P.) Ltd vs. ACIT (2017) 390 ITR 167 (Kerala) apart from other decisions, is to the effect that in case of proceedings initiated in section 143(3) read with section 147 of the Act, requirement to issue notice under section 143(2) of the Act is mandatory and such a defect cannot be cured by section 292BB of the Act. 7. Per contra, learned DR submitted that the assessment pursuant to…

SHIVAJI S DESAI,NAVI MUMBAI vs. ITO 22(3)4, MUMBAI

In the result, the assessment order is quashed and the appeal of assessee is allowed

ITA 2272/MUM/2014[2009-10]Status: DisposedITAT Mumbai13 Sept 2022AY 2009-10

Bench: Shri G.S. Pannu & Shri Vikas Awasthy: A.Y : 2009-10 Shivaji S. Desai Vs. Income Tax Officer – 22(3)(4), Sagar Darshan Chs, Tower No. 2, Mumbai. (Respondent) Flat No. 1001, 10Th Floor, Sector-18, Nerul (W), Navi Mumbai. (Appellant) Pan : Affpd3240K Appellant By : Shri Prakash Pandit Respondent By : Shri Abhijeet Chaudhary & Shri Mehul Jain Date Of Hearing : 17/06/2022 Date Of Pronouncement : 13/09/2022

For Appellant: Shri Prakash PanditFor Respondent: Shri Abhijeet Chaudhary &
Section 131Section 142(1)Section 143(2)Section 143(3)

…Tax Officer, 185 TTJ (Mumbai Trib) 197; ii) Purshotam Singh vs Income Tax Officer (2016) 47 CCH 0603 Asr Trib; iii) Chandra Agencies vs Income Tax Officer, 89 ITD Page 1 ; iv) CIT vs Kishan Chand, 328 ITR 173 (P&H); v) Travancore Diagnostics P. Ltd. vs ACIT, 390 ITR 167 (Ker); and, vi) ACIT vs Greater Noida Industrial Development Authority, 379 ITR 14 (All). 5. Per contra, Shri Abhijeet Chaudhary & Shri Mehul Jain representing the Department vehemently defended the contents of the Affidavit filed by the Assessing Officer. The ld. DR submitted that effort was made to serve the assessee on the address, i.e. Shop…

SHRI GOVIND NARAIN JOHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 287/JPR/2020[2011-12]Status: DisposedITAT Jaipur12 Apr 2022AY 2011-12

Bench: Although The Second Round Of Assessment Was Completed At The Directions Of Hon’Ble Itat.

For Appellant: Shri Hanif Khan (CA)For Respondent: Smt. Manisha Choudhary (JCIT)
Section 139(1)Section 139(4)Section 143(2)Section 143(3)Section 68

…ibed time under section 143(2), therefore, the initiation of scrutiny proceedings itself was without jurisdiction conferred by the provisions of section 143 of the Act. The Hon’ble Kerala High Court in the case of Travancore Diagnostics Pvt. Ltd. vs. ACIT, 390 ITR 167 (Kerala) has dealt with the issue of validity of reassessment order passed by the AO without issuing notice under section 143(2) in para 33 & 34 as under :- “33. The extended question then is whether even if the assessee is deemed to have participated in the proceedings under Section 143, even without the Assessing Officer having issued the mand…

SHRI RAI SINGH SIHAG,JAIPUR vs. INCOME TAX OFFICER, WARD-3-1, JAIPUR

In the result, this appeal of the assessee is allowed

ITA 441/JPR/2019[2007-08]Status: DisposedITAT Jaipur15 Nov 2021AY 2007-08

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 441/Jp/2019 Assessment Year: 2007-08 Shri Rai Singh Sihag, Cuke I.T.O. Vs. B-105, Vaishali Nagar, Ward- 3(1), Jaipur. Jaipur. Pan No.: Bgvps 4485 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta & Shri S.L. Jain (Advs.) Jktlo Dh Vksj Ls@ Revenue By :Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/11/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/11/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 13/07/2017 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. The Reasons For Reopening Of The Assessment Not Valid :- That On The Facts & In The Circumstances Of The Case Ld. Ao Has Grossly Erred In Law & Facts In Invoking Action U/S 147.The Notice For Reassessment Is So Hastily Issued Without Examining The Correct Factual & Legal Position. The Action For Reassessment Is Often Made Without Application Of Mind Fairly & Objectively The Ao. Lakhmani Mewal Das 103 Itr 437 (Sc)

For Appellant: Shri Ashok kr. Gupta &For Respondent: Shri A.S. Nehra (Addl.CIT)
Section 143(2)Section 147Section 148Section 151Section 234ASection 68

…of Ld. AO is illegal unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing entire re-assessment proceedings, being void and illegal. ACIT Vs Hotel Blue Moon 188 Taxman 113 (SC) Taxancore Diagnostice (P) Lt. Vs ACIT 390 ITR 167 (Kerala) (SC) 3. Sanction u/s 151 without Application of mind by Ld. Appropriate Authority :- 3 ITA 441/JP/2019_ Shri Rai Singh Sihag Vs ITO That the learned Pr. CIT has grossly erred both in law and facts in granting approval u/ s 151 mechanically and without application of mind and there for sanction is not according to mandate of SC. 4. Theor…

JAI DEEP SINGH,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1030/JPR/2018[2007-08]Status: DisposedITAT Jaipur02 Jun 2021AY 2007-08
For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Smt. Runi Pal (ACIT) a
Section 143(3)Section 147Section 148

…y the AO by relying on the decision of Hon’ble Kerala High Court in case of K.J. Thomas Vs. CIT (2008) 301 ITR 301. It may, however, be noted that Hon’ble Kerala High Court itself in a later decision in case of Travancore Diagnostics Pvt. Ltd. Vs. ACIT (2017) 390 ITR 167 has held that in case of proceedings initiated u/s 143(3) read with section 147, requirement to issue a notice u/s 143(2) is mandatory and section 292BB does not in any manner grant any privilege to AO in dispensing with issuance of such a notice. Further reliance was placed on the following cases:- • M/s Kaizen Organics Pvt. Ltd. Vs. ACIT ITA N…

COMMISSIONER OF INCOME vs. M/S C RAMAIAH REDDY

In the result, we do not find any merit in the appeal

ITA/192/2012HC Karnataka24 Jun 2020

Bench: ALOK ARADHE,M.NAGAPRASANNA

Section 143(2)Section 143(3)Section 147Section 260Section 260ASection 292BSection 45(2)

…346 ITR 67 (ALLAHABAD), ‘NAWAL KISHORE AND SONS JEWELLERS VS. CIT’, (2012) 79 DTR (ALL) 9 241 (ALLAHABAD), ‘PCIT VS. SHRI JAI SHRI JAI SHIV SHANKAR TRADERS PVT LTD.’, (2016) 129 DTR (DEL) 63, ‘TRAVANCORE DIAGNOSTICS PVT LTD. VS. ACIT’, (2017) 390 ITR 167 (KER), ‘INDUS TOWERS LTD. VS. DCIT’, (2017) 82 TAXMANN.COM 430 (DELHI), ‘DCITK VS. CAMERON SIGNAPORE PVT LTD’, (2019) 418 ITR 272 (RAJ.), ‘NITTUR VASANTH KUMAR MAHESH VS. ACIT’, (2019) 106 TAXMANN.COM 399 (GUJARAT), ‘BIHAR POLICE BUILDING CONSTRUCTION CORPORATION PVT LTD. VS. PCIT’, (2019) 108 TAXMNN.COM 48 (PATNA), ‘PCIT VS. SILVER LINE’…

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

In the result, the appeals of the assessee are partly allowed

ITA 489/COCH/2019[2016-17]Status: DisposedITAT Cochin19 May 2020AY 2016-17

Bench: S/Shri Chandra Poojari, Am &George George K., Jm

Section 132Section 133ASection 143(3)Section 153A

…h. Being so, the Assessing Officer is completely justified in framing the assessments u/s. 153A of the I.T. Act. For this proposition, reliance is placed on the judgment of the Jurisdictional High Court in the case of Travancore Diagnostics P. Ltd. vs. ACIT (390 ITR 167) wherein it was held that when suppression had been found from the documents and the statement on record, the Assessing Officer was completely justified in adopting those figures for the whole year and for the next year which was based on sound rationale, since from the statement on behalf of the assessee, the suppression was found to be contin…

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

In the result, the appeals of the assessee are partly allowed

ITA 488/COCH/2019[2015-16]Status: DisposedITAT Cochin19 May 2020AY 2015-16

Bench: S/Shri Chandra Poojari, Am &George George K., Jm

Section 132Section 133ASection 143(3)Section 153A

…h. Being so, the Assessing Officer is completely justified in framing the assessments u/s. 153A of the I.T. Act. For this proposition, reliance is placed on the judgment of the Jurisdictional High Court in the case of Travancore Diagnostics P. Ltd. vs. ACIT (390 ITR 167) wherein it was held that when suppression had been found from the documents and the statement on record, the Assessing Officer was completely justified in adopting those figures for the whole year and for the next year which was based on sound rationale, since from the statement on behalf of the assessee, the suppression was found to be contin…

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