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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

Rupinder Garg, Patiala vs. Income Tax Officer, Ward-4, Patiala

The appeal stand allowed for statistical purposes

ITA 875/CHANDI/2024[2012-13]Status: DisposedITAT Chandigarh09 Jun 2025AY 2012-13

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.875/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2012-13) Smt. Rupinder Garg Ito C/O Tej Mohan Singh Advocate Ward 4 बनाम/ Vs. #527 Sector 10-D Patiala, Punjab. Chandigarh-160011. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Adhps-3140-H (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Tej Mohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 03-06-2025 घोषणाकीतारीख /Date Of Pronouncement : 09-06-2025. आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Central (Nfac), Delhi [Cit(A)] Dated 25-01-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 28-12-2019. The Sole Grievance Of The Assessee Is Confirmation Of Protective Addition Of Rs.230.39 Lacs. The Registry Has Noted Delay Of 147 Days In The Appeal

For Appellant: Shri Tej Mohan Singh (Advocate) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 143(3)

addition of Rs.230.39 Lacs. The registry has noted delay of 147 days in the appeal which stand condoned. The Ld. AR stated that the substantive assessment is pending for adjudication before Ld. first appellate authority. The outcome of the same would have direct bearing on the fate of this appeal ... protective addition has been confirmed for want of any representation from the assessee. Considering this fact as well as the fact that the substantive assessment is already pending for adjudication before Ld. first appellate authority which would have direct bearing on the fate of this appeal, we set aside

ACIT, Central Circle-17, New Delhi vs. Metenare Global Ltd, New Delhi

ITA 5809/DEL/2017[2012-13]Status: DisposedITAT Delhi29 May 2025AY 2012-13

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 5245/Del/2018: Asstt. Year : 2010-11 Ita No. 5246/Del/2018 : Asstt. Year : 2011-12 Ita No. 8055/Del/2018 : Asstt. Year : 2012-13 Amar Devi Family Welfare Trust, Vs Acit, F-73, Preet Vihar, Central Circle-17, New Delhi-110092 New Delhi (Appellant) (Respondent) Pan No. Aaata4455B Ita No. 5811/Del/2017: Asstt. Year : 2013-14 Ita No. 5812/Del/2017 : Asstt. Year : 2014-15 Acit, Vs Amar Devi Family Welfare Trust, 1St Floor, B-18, Model Town Road, Central Circle-17, New Delhi Jalandhar, Punjab-144005 (Appellant) (Respondent) Pan No. Aaata4455B Ita No. 5809/Del/2017: Asstt. Year : 2012-13 Ita No. 5810/Del/2017 : Asstt. Year : 2013-14 Acit, Vs M/S Metenere Global Ltd., Central Circle-17, 138-139, Ghazipur, New Delhi Delhi-110096 (Appellant) (Respondent) Pan No. Aaacg0722E Assessee By : Sh. Pradip Dinodia, Adv. & Sh. R. K. Kapoor, Ca Revenue By : Sh. Jitender Singh, Cit-Dr Date Of Hearing: 20.05.2025 Date Of Pronouncement: 29.05.2025

For Appellant: Sh. Pradip Dinodia, Adv. &For Respondent: Sh. Jitender Singh, CIT-DR
Section 132Section 142(1)Section 143(2)Section 143(3)Section 153Section 153ASection 153B

very terms. 11. Both the learned representatives next inform us that the remaining four appeals involving M/s Amar Family Welfare Trust arising from the substantive assessments and the department’s twin appeals ITA Nos. 5809 & 5810/Del/2017 in ITA Nos. 5245, 5246 & 8055/Del/2018 Amar Devi Family Welfare Trust