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“substantive assessment”

MiscellaneousAssessmentAssessment355 judgments

The decision most relied on for substantive assessment is PCIT v. Maruti Suzuki India Ltd. (416 ITR 613), cited in 308 judgments on BharatTax.

Leading authorities on substantive assessment

PCIT v. Maruti Suzuki India Ltd.
416 ITR 613 · 2019 · Supreme Court
308
citing judgments

A notice issued under section 148 to a non-existent entity, such as an amalgamating company post-merger, is a substantive illegality, rendering assessment proceedings void ab initio. Participation in such proceedings does not estop the assessee from challenging the validity of the notice.

CIT v. Vatika Township (P.) Ltd.
49 Taxmann.com 249 · 2014 · Supreme Court
294
citing judgments

Legislation is ordinarily presumed not to have retrospective operation, especially for taxing statutes unless explicitly stated or when intended to remove hardship for the assessee. The decision clarifies the principles for determining whether an amendment to a taxing statute applies prospectively or retrospectively, distinguishing between clarificatory and substantive amendments.

Lalji Haridas v. ITO
43 ITR 387 · 1961 · Supreme Court
238
citing judgments

When an assessing authority is uncertain about the true ownership of funds or in whose hands income should be assessed, it can frame a protective assessment to safeguard the Revenue's interest. Such protective assessments remain valid until the substantive assessment is finalized.

Distributors (Baroda) (P.) Ltd. v. Union of India
155 ITR 120 · 1985 · Supreme Court
229
citing judgments

For computing the deduction under Section 80M, only the net dividend income (gross dividend income after reducing expenses attributable to earning it, as per Section 57(iii) and the principle in Section 80AB) is eligible. The case also holds that tax authorities are not bound to perpetuate an error from a previous assessment year, as each year is a separate unit and consistency cannot override substantive justice.

CIT v. G.M. Knitting Industries (P.) Ltd.
376 ITR 456 · 2015 · Supreme Court
221
citing judgments

The requirement to file a certificate or form (e.g., Form 10CCB, 10-IC) along with the return of income for claiming a deduction (e.g., under sections 80-IB, 115BAA) is directory regarding its timing. Such a deduction is allowable if the requisite form is filed before the final order of assessment, as procedural requirements should not override substantive benefits.

CIT, Gujarat II v. Surendra Gulab Chand Modi
140 ITR 517 · 1983 · High Court
88
citing judgments

Protective assessments should not be deleted or disposed of by lower authorities, but rather allowed to remain in effect until the related substantive assessment proceedings attain finality before the High Court or Supreme Court.

Ashok Commercial Enterprises v. ACIT
154 Taxmann.com 144 · 2023 · High Court
84
citing judgments

Failure to issue an assessment order through the designated ITBA portal, or issuance of an order without a valid pre-existing Document Identification Number (DIN), renders such an order invalid and non est in the eyes of law. A subsequent intimation or post-dated DIN does not cure this substantive breach.

Dishman Pharmaceuticals and Chemicals Ltd. v. DCIT (OSD), Ahmedabad
346 ITR 228 · 2012 · High Court
74
citing judgments

For a valid reassessment under Section 147, the Assessing Officer must record substantive reasons to believe income has escaped assessment, as a mere boilerplate statement of non-disclosure or non-filing is insufficient. Furthermore, a taxpayer's disclosure is not considered full and true if it requires further inquiry by the AO to ascertain material details, especially under Explanation 1 to Section 147.

Judgments citing substantive assessment

Assistant Commissioner of Income Tax, Chennai vs. Mulliambal Rathnasamy Pitchakannu Eraavanan, Chennai

In the result, both the appeal filed by the Revenue and the Cross

ITA 1810/CHNY/2024[2009-10]Status: DisposedITAT Chennai26 Feb 2025AY 2009-10

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1810/Chny/2024 िनधा"रण वष"/Assessment Year: 2009-10 & C.O. No. 74/Chny/2024 [In Ita No. 1810/Chny/2024] The Assistant Commissioner Of Vs. Shri Arvind E & Mrs. Baskaravalli Income Tax, Central Circle 2(2), (Legal Heir Of Late Shri Mrp Investigation Building, Eraavanan), No. 4, Rice Mill Road, Chennai. Erimedu, Ramanathapuram, Coimbatore 641 045. [Pan:Aaape5554D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sundar Rajan, Cit ""थ" की ओर से/Respondent By : Shri C. Khathiravan, Advocate सुनवाई की तारीख/ Date Of Hearing : 11.02.2025 घोषणा की तारीख /Date Of Pronouncement : 26.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 30.04.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), Chennai-19, Chennai For The Assessment Year 2009-10. 2. At The Outset, The Ld. Dr Shri S. Sundar Rajan, Cit Drew Our Attention To Additional Grounds Raised By The Appellant – Revenue. He Submits That The Order Of The Ld. Cit(A) Is Erroneous On Facts Of The Case

For Appellant: Shri S. Sundar Rajan, CITFor Respondent: Shri C. Khathiravan, Advocate
Section 159Section 2

make protective assessment, Now the issue before the undersigned is that whether a protective assessment can be made without there being the corresponding substantive assessment or not. 6.14 The Hon'ble ITAT Delhi Bench had an occasion to adjudicate this issue in the case of ITO VS M/s Fussy Financial ... Services Pvt ltd vide its order in ITA No. 4227/DEL/2014 dated 05.06.2017 wherein the Hon'ble tribunal has held that there may be a substantive assessment without any protective assessment but there cannot be any protective assessment without there being a substantive assessment. 6.15 Further in the case of Shri

Jagdish Sharma (HUF), Jahanabad vs. DCIT Central Circle-5, Patna

In the result, both the captioned appeals are dismissed

ITA 203/PAT/2023[1999-00]Status: DisposedITAT Patna18 Feb 2025AY 1999-00

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.198 & 203/Pat/2023 Assessment Years: 1996-97 & 1999-00 Jagdish Sharma (Huf).…………………………………………..………….……Appellant Korra, Ghoshi, Janhanabad, Bihar-804406. [Pan: Aaihs5678G] Vs. Dcit, Central Circle-5, Patna……..….….. ……………….........……...…..…..Respondent Appearances By: Shri D. V. Pathy, Sr. Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 06, 2025 Date Of Pronouncing The Order : February 18, 2025 Order Per Bench: Both The Captioned Appeals Have Been Preferred By The Assessee Against Separate Orders Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 1996-97 & 1999-00. Since, The Issues Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, It Is Noted That There Are Delays Of 26 Days In Filing Both The Present Appeals. The Assessee Submitted Separate Applications For Condonation Of Such Delays Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We, Therefore, Condone The Delays In Filing Both The Appeals & Proceed To Adjudicate The Appeals.

Section 250

case of Smt. Dayabai v. CIT [1985] 154 ITR 248 / 23 Taxman 377 (MP), the Hon’ble High Court observed that once the substantive assessment has been made, the protective assessment cannot survive in appeal. Since, in the instant case, the protective assessment was made in the hands ... while substantive assessment was made in the hands of actual income earner as individual capacity, therefore, the protective assessment becomes infructuous and it is liable to be dismissed. I.T.A. Nos.198 & 203/Pat/2023 Assessment Years: 1996-97 & 1999-00 Jagdish Sharma (HUF) 4. In the result, both the captioned appeals are dismissed

Jagdish Sharma (HUF), Jahanabad vs. DCIT Central Circle-5, Patna

In the result, both the captioned appeals are dismissed

ITA 198/PAT/2023[1996-97]Status: DisposedITAT Patna18 Feb 2025AY 1996-97

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.198 & 203/Pat/2023 Assessment Years: 1996-97 & 1999-00 Jagdish Sharma (Huf).…………………………………………..………….……Appellant Korra, Ghoshi, Janhanabad, Bihar-804406. [Pan: Aaihs5678G] Vs. Dcit, Central Circle-5, Patna……..….….. ……………….........……...…..…..Respondent Appearances By: Shri D. V. Pathy, Sr. Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 06, 2025 Date Of Pronouncing The Order : February 18, 2025 Order Per Bench: Both The Captioned Appeals Have Been Preferred By The Assessee Against Separate Orders Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 1996-97 & 1999-00. Since, The Issues Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, It Is Noted That There Are Delays Of 26 Days In Filing Both The Present Appeals. The Assessee Submitted Separate Applications For Condonation Of Such Delays Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We, Therefore, Condone The Delays In Filing Both The Appeals & Proceed To Adjudicate The Appeals.

Section 250

case of Smt. Dayabai v. CIT [1985] 154 ITR 248 / 23 Taxman 377 (MP), the Hon’ble High Court observed that once the substantive assessment has been made, the protective assessment cannot survive in appeal. Since, in the instant case, the protective assessment was made in the hands ... while substantive assessment was made in the hands of actual income earner as individual capacity, therefore, the protective assessment becomes infructuous and it is liable to be dismissed. I.T.A. Nos.198 & 203/Pat/2023 Assessment Years: 1996-97 & 1999-00 Jagdish Sharma (HUF) 4. In the result, both the captioned appeals are dismissed