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“Section 150(1)”

Section References (mined)Section 150Section 150(1)114 judgments

The decision most relied on for Section 150(1) is 1. S. S. Gadgil v. Lal & Co. (53 ITR 231), cited in 158 judgments on BharatTax.

Leading authorities on Section 150(1)

1. S. S. Gadgil v. Lal & Co.
53 ITR 231 · 1964 · Supreme Court
158
citing judgments

Income-tax assessment proceedings are administrative in nature, not civil disputes or judicial proceedings between contesting parties. Income-tax authorities act as administrative bodies to estimate income and assess tax, and the proper service of notice within the limitation period is foundational for reassessment jurisdiction.

K.M. Sharma v. ITO
254 ITR 772 · 2002 · Supreme Court
136
citing judgments

Where the period of limitation for issuing a notice under section 148 has expired before an amendment to the law takes effect, the amended provision, if not expressly retrospective, cannot revive the expired period of limitation to reopen concluded proceedings.

ITO v. Murlidhar Bhagwan Das
52 ITR 335 · 1964 · Supreme Court
100
citing judgments

The Supreme Court clarified that an appellate authority's 'finding' must be essential for disposing of the appeal for the relevant assessment year, not an incidental observation about another year's income. Appellate authorities cannot issue directions on matters not directly arising in the appeal for the specific assessment year, especially regarding escaped income, which has separate statutory mechanisms.

1) CIT v. Sahibganj Electric Cables Pvt. Ltd. (
151 ITR 150 · 1985 · High Court
79
citing judgments

The assessee's burden under Section 68 to prove cash credits is discharged by establishing the identity of the creditor and the genuineness of the transaction; the assessee is not required to prove the creditor's source of funds or creditworthiness, as the department can use Section 131 for further investigation.

CIT v. Bhanji Lavji
79 ITR 582 · 1971 · Supreme Court
74
citing judgments

Reassessment proceedings cannot be initiated based on a mere change of opinion by the Assessing Officer when the primary facts necessary for assessment are fully and truly disclosed. The assessee is not obligated to instruct the Income-tax Officer on questions of law, nor can reassessment commence if the AO drew a wrong legal inference from disclosed facts.

Sonic Biochem Extractions (P.) Ltd. v. ITO (
25 Taxmann.com 25 · 2012 · ITAT
63
citing judgments

Prior to the jurisdictional High Court's decision in CIT v. Samsung Electronics Co. Ltd. on October 15, 2011, the purchase of off-the-shelf software was not subject to TDS, and therefore, no disallowance under Section 40(a)(i) or 40(a)(ia) could be made.

Rajinder Nath v. CIT
120 ITR 14 · 1979 · Supreme Court
56
citing judgments

A 'direction' issued by an appellate or revisional authority under Sections 150(1) or 153(3) of the Income-tax Act must be a specific, clear, and mandatory positive command requiring action, and not merely an observation or finding, to be legally effective.

Roshanlal Sanchiti v. PCIT
150 Taxmann.com 228 · 2023 · Supreme Court
52
citing judgments

A retraction of a statement recorded under Section 132(4) of the Income Tax Act, 1961, must be made within a reasonable time or immediately after the statement is recorded. A retraction made approximately eight months later is to be disregarded.

Judgments citing Section 150(1)

Rashi Cooperative Group Housing Seciety Ltd., Delhi vs. ITO Ward-43(5), New Delhi

In the result, the appeal filed by the assessee is allowed on alternative prayer

ITA 8227/DEL/2019[2011-12]Status: DisposedITAT Delhi28 Feb 2023AY 2011-12

Bench: Shri C.M. Gargassessment Year: 2011-12 Rashi Cooperative Group Housing Vs. Ito, Society Ltd., Ward-43(5), Plot No.3, Sector 7, New Delhi. Dwarka, Delhi – 110 075. Pan: Aaajr0561R (Appellant) (Respondent) Assessee By : Shri Vinay Bahl, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 12.12.2022 Date Of Pronouncement : .02.2023 Order This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-15, Delhi, Relating To Assessment Year 2011-12. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That Both The Orders Passed By The Ld. Cit(Appeal-15), New Delhi & The Assessment Order Passed By The Ld. Assessing Officer, 1To, Ward 43(5), New Delhi Are Bad In Law, Suffer From Serious Defects & Are Against The Facts Of The Case. 2. That The Ld. Clt(Appeals-15), New Delhi Was Wrong To Confirm The Addition Of Rs.2,78,950/- Made By The Ld. Assessing Officer. 3. That The Ld. Cit(Appeals-15), New Delhi Was Wrong To Direct The Assessing Officer To Reopen The Cases Of Past Years U/S.150(1) Of The Act. 4. That A Detailed Statement Of Facts Shall Be Filed At The Time Of Hearing. 5. That The Appellant Craves To Add, Amend, Alter, Withdraw Or Rectify Any Ground(S) Of Appeal With The Permission Of The H'Ble Court.”

For Appellant: Shri Vinay Bahl, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 147Section 150(1)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER Assessment Year: 2011

The ACIT-Central Circle-2, Rajkot vs. Shri Vicky Balkrishna Mehta, Rajkot

The appeal of the Revenue is dismissed

ITA 130/RJT/2020[2004-05]Status: DisposedITAT Rajkot22 Feb 2023AY 2004-05

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyal"नधा"रणवष"/Assessment Year: 2004-05 Assistant Commissioner Of Vs. Shri Vicky Balkrishna Mehta, Income-Tax, 7Th Floor, Mansrovar Central Circle-2, Apartment, Royal Park, Rajkot Kalawad Road, Rajkot Pan : Agqpm 6495 B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri D.M. Rindani, Ar Revenue By : Shri Shramdeep Sinha, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 28.11.2022 घोषणा क" तार"ख /Date Of Pronouncement: 22.02.2023 आदेश/O R D E R Per Annapurna Gupta: This Appeal Is Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-13, Ahmedabad (Hereinafter Referred To As “Cit(A)”) Dated 22.01.2020 Passed U/S 250(6) Of The Income-Tax Act, 1961, (Hereinafter Referred To As “The Act”) For Assessment Year (Ay) 2004-05. 2. The Grounds Of Appeal Raised By The Revenue Read As Under:

For Appellant: Shri D.M. Rindani, ARFor Respondent: Shri Shramdeep Sinha, CIT-DR
Section 147Section 148Section 149Section 149(1)(c)Section 149(3)Section 250(6)

final and reassessment of which had become barred by time before 12 ACIT Vs. Shri Vicky Balkrishna Mehta AY : 2004-05 1.4.1989 when section 150(1) was amended Reliance is placed on the decision in S.S. Gadgil v. Lal & Co. [1964] 53 ITR 231. 12. The learned counsel appearing ... behalf of the department has made an effort to persuade this Court to accept his construction of the provisions of section 150(1)and (2). It is argued that it is for the specific purpose of assessing income, which might accrue on the basis of any decision of any Court

Late Shri K.Kandasamy Rep by L/H Smt. K.Amirtham, Trichy vs. ITO Ward 1(2), Trichy

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

ITA 1522/CHNY/2019[2007-08]Status: DisposedITAT Chennai20 Dec 2022AY 2007-08

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 1522/Chny/2019 िनधा"रण वष"/Assessment Year: 2007-08 Late Shri K. Kandasamy, The Income Tax Officer, Rep. By L/H Smt. K. Amirtham, Vs. Ward – 1(2), No.52, Dindigul Main Road, Trichy. Karumandapam, Trichy – 620 001. Pan : Awgpk 0750R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तार"ख/Date Of Hearing : 20.12.2022 घोषणा क" तार"ख/Date Of Pronouncement : 20.12.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-1, Trichy In Ita No.260/2014-15/Cit(A)-1/Try Dated 24.04.2019. The Assessment Was Framed By The Income Tax Officer, Ward-I(2), Tiruchirappalli For The Assessment Year 2007-08, U/S.143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 26.03.2015. 2. The Only Issue Remains For Adjudication Is As Regards To The Order Of Cit(A) Confirming The Action Of Ao In Computing Long Term Capital Gain On Sale Of Land Situated At Kuniamuthur, Coimbatore Admeasuring 6.75½ Acres For A Consideration Of Rs.45 Lakhs As Per Sale Deed But Addition Confirmed Based On Sworn Statement Of The Assessee Admitting The Sale Consideration At Rs.2,63,99,250/-.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 131Section 143(2)Section 143(3)Section 148

आयकर अपीलीय अिधकरण,‘सी’ "यायपीठ,चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी महावीर "सह, उपा"य

Dy CIT CC 6(4), Mumbai vs. Smt. Deval D Thakkar [Now Known As Smt Deval E Anthony], Mumbai

In the result, both the appeals filed by the revenue are 11

ITA 968/MUM/2020[2004-05]Status: DisposedITAT Mumbai23 Nov 2022AY 2004-05

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No. 968/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2004-05) & आयकर अपील सं/ I.T.A. No. 974/Mum/2020 (निर्धारण वर्ा / Assessment Year: 1999-2000) Dcit, Central Circle-6(4) बिधम/ Smt. Deval D. Thakkar (Now Room No. 1925, 19Th Floor, Known As Smt. Deval E Vs. Air India Building, Nariman Anthony) Point, Mumbai-400021. 12/22B, Acropolis, Malabar Hills, Mumbai-400006. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacpt8999F (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Smt. Mahita Nair (Sr. Ar) Assessee By: Shri Dilip Thakkar सुनवाई की तारीख / Date Of Hearing: 09/11/2022 घोषणा की तारीख /Date Of Pronouncement: 23/11/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Revenue Against The Action Of The Ld. Cit(A)-54, Mumbai Dated 26.11.2019 For A.Y.1999-2000 & For Ay. 2004-05. 2. Both The Parties Agree That The Issue Involved In Both The Appeals Are Identical, Therefore, We Take The Appeal Of The Assessee For Ay. 1999-2000 As The Lead Case & The Decision Of Which Will Be Followed For Ay. 2004-05. 3. The Grounds Of Appeal Of The Revenue For Ay. 1999-2000 Is As Under: -

For Appellant: Shri Dilip ThakkarFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(2)Section 147Section 148Section 149Section 149(1)

permit the authorities to reopen assessments, which have become final and reassessment of which had become barred by time before1.4.1989 when section 150(1) was amended Reliance is placed on the decision in S.S. versus Lal & Co. [1964] 53 ITR 231. 12. The learned counsel appearing on behalf ... department has made an effort to persuade this Court to accept his construction of the provisions of section 150(1) and (2). It is argued that it is for the specific purpose of assessing income, which might accrue on the basis of any decision of any Court in any proceeding