Vedanta Ltd. v. CIT

124 Taxmann.com 435High Court2021#3426 most cited

What is Vedanta Ltd. v. CIT authority for?

A revision under section 263 by the Principal Commissioner of Income Tax requires both an assessment order that is erroneous and prejudicial to the interest of the revenue. The Principal Commissioner must demonstrate a lack of inquiry or inadequate investigation by the Assessing Officer.

35

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2021 to 2026.

Also referred to as

Vedanta Ltd. v. CIT · section 263 · erroneous assessment order · prejudicial to interest of revenue · inadequate enquiry · lack of enquiry · assessment order erroneous and prejudicial · revision powers

Issues it is cited on

Judgments citing Vedanta Ltd. v. CIT

Sericulturists Cum Farmers Service Co-Operative Society Limited, Bengaluru vs. The Principal Commissioner of Income Tax-2, Bengaluru

In the result, the appeal filed by assessee stands allowed for statistical purposes

ITA 425/BANG/2022[2017-18]Status: DisposedITAT Bangalore26 Sept 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Sericulturists Cum Farmers Service Co-Operative Society Ltd., The Principal 01Sfcs Building, Commissioner Of Near Bus Stop, Income Tax – 2, Sarjapura Town, Bengaluru. Vs. Anekal Taluk, Bengaluru – 562 125. Pan: Aaaas6468H Appellant Respondent Assessee By : Shri Nitesh Ranjan, Ca Revenue By : Shri Praveen Karanth, Cit-Dr Date Of Hearing : 14-09-2022 Date Of Pronouncement : 26-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 30/03/2022 Passed By Ld.Pr.Cit-2, Bangalore U/S. 263 Of The Act Relating To A.Y. 2017-18 On Following Grounds Of Appeal. Tax Effect Relating To Grounds Of Appeal Each Ground Of Appeal The Order Of The Learned Principal Commissioner Of Income-Tax, Bengaluru-2 ("Pr. Cit") Dated 30-Mar-2022, Passed Under I. Section 263 Of The Income-Tax Act,1961 ("The Act") N.A Insofar It Is Against The Appellant, Is Opposed To The Law, Weight Of Evidence, Facts & Circumstances Of The Appellant'S Case.

For Appellant: Shri Nitesh Ranjan, CAFor Respondent: Shri Praveen Karanth, CIT-DR
Section 143(2)Section 143(3)Section 263Section 57Section 68Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year : 2017-18 M/s. Sericulturists Cum Farmers Service Co-operative Society Ltd., The Principal 01SFCS Building, Commissioner of Near bus stop, Income Tax – 2, Sarjapura town, Bengaluru. Vs. Anekal Taluk, Bengaluru – 562 125. PAN: AAAAS6468H APPELLANT RESPONDENT Assessee by : Shri Nitesh Ranjan, CA Revenue by : Shri Praveen Karanth, CIT-DR Date of Hearing : 14-09-2022 Date of Pronouncement : 26-09-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is…

Charoen Pokphand Seeds India Private Limited, Bangalore vs. Principal Commissioner of Income Tax, Bengaluru-2, Bengaluru

In the result the appeal filed by the assessee stands dismissed

ITA 509/BANG/2022[2017-18]Status: DisposedITAT Bangalore21 Sept 2022AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner Of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, Hal Iii Stage, Vs. Bengaluru. Bangalore – 560 075. Pan: Aaccc3259N Appellant Respondent Assessee By : Shri C. Ramesh, Ca : Shri Praveen Karanth, Cit- Revenue By Dr Date Of Hearing : 14-09-2022 Date Of Pronouncement : 21-09-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Order U/S. 263 Dated 15.03.2022 Passed By The Ld.Pr.Cit, Bengaluru – 2, Bengaluru For Assessment Year 2017-18 On Following Grounds Of Appeal: “The Appellant Objects To The Revision Order Passed U/S. 263 On The Following Grounds In So Far As It Is Prejudicial To The As It Is Opposed To Law & Circumstances Of The Case: - Originally The Appellant Has Taken Only One Ground Relating To Deduction U/S.35(2Ab). The Following Grounds Were Not Taken By Oversight. Hence The Appellant Is Filing Revised Grounds Of Appeal As Mentioned Below.

For Appellant: Shri C. Ramesh, CA
Section 10(1)Section 143Section 143(3)Section 263Section 35

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year : 2017-18 M/s. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, HAL III Stage, Vs. Bengaluru. Bangalore – 560 075. PAN: AACCC3259N APPELLANT RESPONDENT Assessee by : Shri C. Ramesh, CA : Shri Praveen Karanth, CIT- Revenue by DR Date of Hearing : 14-09-2022 Date of Pronouncement : 21-09-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal arises out of the o…

Sampkhand Group Seva Sahakari Sangh Limited, Samphkand vs. Principal Commissioner of Income Tax, Hubli

ITA 366/BANG/2022[2017-18]Status: DisposedITAT Bangalore23 Aug 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Sampkhand Group Seva Sahakari Sangh Ltd., The Principal No. 104, Sahakari Commissioner Of Sangh, Kumta Road, Income Tax, Janmane, Hubli. Vs. Samphkand – 581 315. Pan: Aanas3902K Appellant Respondent : Shri S.V. Ravishankar, Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr-1 Date Of Hearing : 11-08-2022 Date Of Pronouncement : 23-08-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Order Dated 29/03/2022 U/S. 263 Passed By The Ld.Pr.Cit, Hubli Relating To Assessment Year 2017-18 On Following Grounds Of Appeal: “1. The Order Of The Learned Principal Commissioner Of Income-Tax Hubli, Passed Under Section 263 Of The Act In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S Case.

For Respondent: Shri S.V. Ravishankar
Section 143(3)Section 263Section 801Section 80PSection 80P(2)(a)Section 8o

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year : 2017-18 M/s. Sampkhand Group Seva Sahakari Sangh Ltd., The Principal No. 104, Sahakari Commissioner of Sangh, Kumta Road, Income Tax, Janmane, Hubli. Vs. Samphkand – 581 315. PAN: AANAS3902K APPELLANT RESPONDENT : Shri S.V. Ravishankar, Assessee by Advocate : Shri Sumer Singh Meena, CIT Revenue by DR-1 Date of Hearing : 11-08-2022 Date of Pronouncement : 23-08-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal by the assessee has been filed by…

M/S. Charoen Pokphand Seeds (India) Private Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result the appeal filed by the assessee stands dismissed

ITA 311/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Apr 2022AY 2016-17

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2016-17 M/S. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner Of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, Hal Iii Stage, Vs. Bengaluru. Bangalore – 560 075. Pan: Aaccc3259N Appellant Respondent Assessee By : Shri C. Ramesh, Ca : Shri Bijoy Kumar Panda, Cit Revenue By (Dr) Date Of Hearing : 21-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Order U/S. 263 Dated 30.03.2021 Passed By The Ld.Pr.Cit, Bengaluru – 2, Bengaluru For Assessment Year 2016-17 On Following Revised Grounds Of Appeal: “The Appellant Objects To The Revision Order Passed U/S. 263 On The Following Grounds In So Far As It Is Prejudicial To The As It Is Opposed To Law & Circumstances Of The Case: - Originally The Appellant Has Taken Only One Ground Relating To Deduction U/S.35(2Ab). The Following Grounds Were Not Taken By Oversight. Hence The Appellant Is Filing Revised Grounds Of Appeal As Mentioned Below.

For Appellant: Shri C. Ramesh, CA
Section 10Section 10(1)Section 10ASection 143Section 143(3)Section 263Section 35

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. B.R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year : 2016-17 M/s. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, HAL III Stage, Vs. Bengaluru. Bangalore – 560 075. PAN: AACCC3259N APPELLANT RESPONDENT Assessee by : Shri C. Ramesh, CA : Shri Bijoy Kumar Panda, CIT Revenue by (DR) Date of Hearing : 21-04-2022 Date of Pronouncement : 29-04-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal arises out of the…

Shree Cement Limited, Beawar vs. Pr.CIT, Udaipur

In the result, the appeal of the assessee is allowed

ITA 4/JPR/2021[2014-15]Status: DisposedITAT Jaipur23 Jun 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 04/Jp/2021 Assessment Year: 2014-15 Shree Cement Limited, Cuke Pr.Cit, Vs. Bangur Nagar, Post Box No. 33, Udaipur. Beawar. Pan No.: Aaccs 8796 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Dilip Desai (Ca) Shri Vijay Shah (Ca) Shri Mohit Choudhary (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 01/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 23/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Pcit, Udaipur Dated 03.02.2021 Passed U/S 263 Of The Income Tax Act, 1961 (In Short The Act) For The Assessment Year 2014-15. The Grounds Of Appeal Taken By The Assessee Are As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax – Udaipur, (Here- In- After Referred To As Ld. Pr. Cit) Was Not Justified In Initiating Proceedings U/S 263 Of The Income Tax Act, 1961 Since The Order Passed By The Assessing Officer (A.O.) Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue.

For Appellant: Shri Dilip Desai (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 263

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES “B”, JAIPUR Jh lanhi x®lkÃa] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 04/JP/2021 Assessment Year: 2014-15 Shree Cement Limited, cuke Pr.CIT, Vs. Bangur Nagar, Post Box No. 33, Udaipur. Beawar. PAN No.: AACCS 8796 G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by: Shri Dilip Desai (CA) Shri Vijay Shah (CA) Shri Mohit Choudhary (CA) jktLo dh vksj ls@ Revenue by : Shri B.K. Gupta (CIT-DR) lquokbZ d…