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50 results for “reassessment u/s 147”+ Set Off of Lossesclear

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Key Topics

Section 143(3)66Section 14757Section 14841Section 26335Section 10B25Addition to Income23Exemption20Section 14A18Reassessment

THE DCIT, COCHIN vs. M/S APPOLLO TYRES LTD, COCHIN

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

ITA 53/COCH/2017[1993-94]Status: DisposedITAT Cochin01 Jan 2018AY 1993-94

Bench: Shri George George K, Jm & Shri Manjunatha G, Am

For Appellant: Sri. A.Santhom Bose [CIT-DR]For Respondent: Sri. V.Sathyanarayanan, CA
Section 143Section 143(3)Section 147Section 234BSection 234B(1)Section 234B(3)Section 234B(4)Section 263

set aside and that of the Assessing Officer restored.” ITA No.53/Coch/2017. 3 M/s.Appollo Tyres Limited. 3. Briefly stated the facts of the case are as follow:- 3.1 The assessee is a company engaged in the manufacture and sale of automobile tools. For the relevant assessment year, the CIT(A) has passed an order u/s 263 (order dated 08.03.2010). The Assessing

Showing 1–20 of 50 · Page 1 of 3

18
Reopening of Assessment13
Section 3612
Section 37(1)12

M/S.US TECHNOLOGY INTERNATIONAL P. LTD,TRIVANDRUM vs. THE JCIT, TRIVANDRUM

In the result, the appeal filed by the assessee is allowed

ITA 247/COCH/2017[2009-10]Status: DisposedITAT Cochin23 Jul 2018AY 2009-10

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.M.Raghunathan SFor Respondent: Sri.Santam Bose
Section 10ASection 10BSection 143(1)Section 143(3)Section 144CSection 263

Loss account,w as not included for the computation of Taxable income.” 5.3 From the above narration of facts, it is clear that the subject matter of revision u/s 263 of the I.T.Act was un- connected with the issues which were subject matter of issuance of notice u/s 148 and completion of reassessment u/s 143(3) r.w.s. 147

M/S SKYLINE E TECH,KOCHI vs. ACIT CIRCLE 2(2), KOCHI

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

ITA 268/COCH/2023[2005-06]Status: DisposedITAT Cochin03 Jan 2025AY 2005-06

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

For Appellant: Shri Radhesh Bhatt, CAFor Respondent: Shri Sanjit Kumar Das, CIT(DR)
Section 143(2)Section 143(3)Section 250Section 263Section 32Section 32(1)Section 47

loss of Rs.22,90,188. The above assessment was revised by the CIT-II, Kochi by order u/s. 263 of the Act dated 03.3.2011 setting aside assessment already passed u/s. 143(3) r.w.s. 147 dated 26.12.2008 for redoing the same. Subsequently notices were issued u/s. 143(2) on 27.11.2011. 4. During the assessment proceedings it was found that assessee firm

M/S SKYLINE E TECH,KOCHI vs. ACIT CIRCLE 2(2), KOCHI

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

ITA 269/COCH/2023[2005-06]Status: DisposedITAT Cochin03 Jan 2025AY 2005-06

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

For Appellant: Shri Radhesh Bhatt, CAFor Respondent: Shri Sanjit Kumar Das, CIT(DR)
Section 143(2)Section 143(3)Section 250Section 263Section 32Section 32(1)Section 47

loss of Rs.22,90,188. The above assessment was revised by the CIT-II, Kochi by order u/s. 263 of the Act dated 03.3.2011 setting aside assessment already passed u/s. 143(3) r.w.s. 147 dated 26.12.2008 for redoing the same. Subsequently notices were issued u/s. 143(2) on 27.11.2011. 4. During the assessment proceedings it was found that assessee firm

M/S.AKAY FLAVOURS & AROMATICS P. LTD,ERNAKULAM vs. THE ACIT, ERNAKULAM

In the result, the appeal filed by the assesseee is allowed as indicated

ITA 491/COCH/2016[2004-05]Status: DisposedITAT Cochin05 Feb 2018AY 2004-05

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2004-05

Section 10ASection 10BSection 139(1)Section 143Section 32(2)Section 72

147 was completed vide order dated 27/12/2007. In the reassessment completed, deduction claimed by the assessee u/s. 10B of the Act was reduced to ‘Nil’ . The Assessing Officer recomputed the deduction u/s. 10B of the Act after setting off carry forward business loss

THE ACIT, ALAPPUZHA vs. M/S. THE ALLEPPEY CO. LTD, ALAPPUZHA

In the result, the appeal filed by the revenue as well as the cross objection by

ITA 138/COCH/2016[2009-10]Status: DisposedITAT Cochin16 May 2017AY 2009-10

Bench: S/Shri Abraham P George, Am & George George K, Jm & Cross Objection No.19/Coch/2016

Section 10BSection 10bSection 14Section 143Section 143(3)Section 148Section 1OSection 2(45)Section 5

loss to be carried forward to subsequent years. Hence the deduction allowed u/s 10B amounting to Rs.23,21,409 is withdrawn” 3 Aggrieved by the order of the reassessment completed u/s 143 w.r.s 147 the assessee preferred appeal to the first appellate authority. Before the first appellate authority, the assessee challenged the reopening of the assessee. On merit, the assessee

ACIT, TRIVANDRUM vs. KERALA STATE ELECTRICITY BOARD, TRIVANDRUM

In the result, both the appeals of the Revenue are dismissed

ITA 52/COCH/2019[2005-06]Status: DisposedITAT Cochin08 Aug 2019AY 2005-06

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

Section 115JSection 143(3)Section 147Section 148

reassessment proceedings u/s 147 was initiated as per explanation 2c(iii) & (iv) given under provisos to section 147 whereby excessive relief allowed and excessive loss or any other allowance admitted are deemed to be a case where income chargeable to tax has escaped assessment, i.e. the reopening was done on the income which has been made subject of excessive relief

ACIT, TRIVANDRUM vs. KERALA STATE ELECTRICITY BOARD, TRIVANDRUM

In the result, both the appeals of the Revenue are dismissed

ITA 53/COCH/2019[2006-07]Status: DisposedITAT Cochin08 Aug 2019AY 2006-07

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

Section 115JSection 143(3)Section 147Section 148

reassessment proceedings u/s 147 was initiated as per explanation 2c(iii) & (iv) given under provisos to section 147 whereby excessive relief allowed and excessive loss or any other allowance admitted are deemed to be a case where income chargeable to tax has escaped assessment, i.e. the reopening was done on the income which has been made subject of excessive relief

SAHADEVAN K ,TRIVANDRUM vs. THE ITO, WD-1(3), TRIVANDRUM

In the result, the appeal filed by the assessee in ITA

ITA 116/COCH/2019[2010-11]Status: DisposedITAT Cochin04 Nov 2019AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Mathew JosephFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 10(37)Section 143(3)Section 147Section 263

147 without making any adjustments to the returned total income. 2. The Commissioner of Income tax vide notice dated 5/03/2015 proposed revision u/s 263 and passed the order dated 18/03/2015 setting aside the assessment order for fresh verification on the issue of allowing the exemption u/s 10(37). 3. The assessing officer assessed the long term capital gain vide order

SAHADEVAN K ,TRIVANDRUM vs. THE ITO, WD-1(3), TRIVANDRUM

In the result, the appeal filed by the assessee in ITA

ITA 464/COCH/2019[2010-11]Status: DisposedITAT Cochin04 Nov 2019AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Mathew JosephFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 10(37)Section 143(3)Section 147Section 263

147 without making any adjustments to the returned total income. 2. The Commissioner of Income tax vide notice dated 5/03/2015 proposed revision u/s 263 and passed the order dated 18/03/2015 setting aside the assessment order for fresh verification on the issue of allowing the exemption u/s 10(37). 3. The assessing officer assessed the long term capital gain vide order

M/S.MALANKARA PLANTATIONS LTD,KOTTAYAM vs. ACIT, CIR-1, KOTTAYAM

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

ITA 544/COCH/2018[2009-10]Status: DisposedITAT Cochin18 Feb 2019AY 2009-10

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

Section 10Section 143(3)Section 147Section 147oSection 148

u/s 143(3) read with section 147 of the Act in terms of first proviso to section 147of the Act and the learned Commissioner of Income Tax (Appeals) erred in law as well as on facts in confirming the said order of the Assistant Commissioner Circle I, Kottayam, passed under section 143(3) read with section 147

ACIT, ERNAKULAM vs. APPOLO TYRES LTD, COCHIN

In the result, the Revenue’s appeals as well as the Assessee’s COs, are allowed

ITA 140/COCH/2020[2011-12]Status: DisposedITAT Cochin30 Nov 2023AY 2011-12

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Joseph Markose, AdvocateFor Respondent: Sh. Sanjit K. Das, CIT-DR and Smt
Section 147

set of two Appeals by the Revenue agitating the acceptance of the assessee’s appeals contesting it’s assessments under section 147 read with sections ITANos. 139 & 140/Coch/ 2020 (AYs 2009-10 & 2011-12) CO Nos. 02 & 03/Coch/2020 Asst. CIT vs. Apollo Tyres Ltd. 143(3) and 144C of the Income Tax Act, 1961 ("the Act") by the Commissioner

ACIT, ERNAKULAM vs. APPOLO TYRES LTD, COCHIN

In the result, the Revenue’s appeals as well as the Assessee’s COs, are allowed

ITA 139/COCH/2020[2009-10]Status: DisposedITAT Cochin30 Nov 2023AY 2009-10

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Joseph Markose, AdvocateFor Respondent: Sh. Sanjit K. Das, CIT-DR and Smt
Section 147

set of two Appeals by the Revenue agitating the acceptance of the assessee’s appeals contesting it’s assessments under section 147 read with sections ITANos. 139 & 140/Coch/ 2020 (AYs 2009-10 & 2011-12) CO Nos. 02 & 03/Coch/2020 Asst. CIT vs. Apollo Tyres Ltd. 143(3) and 144C of the Income Tax Act, 1961 ("the Act") by the Commissioner

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 48/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

SMT. T.C. USHA,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 44/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 49/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Feb 2020AY 2011-12

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 40/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

SRI.K.RAVINDRANATHAN NAIR,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 46/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 47/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 39/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application