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48 results for “reassessment u/s 147”+ Section 31clear

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Key Topics

Section 1042Section 14731Section 153A31Section 153D27Addition to Income24Section 143(3)22Section 14A18Section 26314Disallowance

ACIT, BHUBANESWAR vs. INDIAN METALS & FERRO ALLOYS LTD, BHUBANESWAR

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

ITA 73/CTK/2014[2007-08]Status: DisposedITAT Cuttack25 Oct 2017AY 2007-08

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri Sachit Jolly, ARFor Respondent: Shri Kunal Singh, CIT DR
Section 143(3)Section 147Section 195Section 195(1)Section 40

reassessment proceedings had been initiated by the AO on an erroneous assumption that all payments to non-resident are subject to withholding taxes under section 195 of the Act and. therefore, income had escapement assessment for failure to withhold tax u/s 195(1) r/w 40(a)(i), which is in complete disregard of the decision of Supreme Court

Showing 1–20 of 48 · Page 1 of 3

14
Charitable Trust14
Section 142(1)12
Limitation/Time-bar12

INDIAN METALS AND FERRO ALLOY LTD,BHUBANESWAR vs. ACIT, BHUBANESWAR

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

ITA 47/CTK/2014[2007-08]Status: DisposedITAT Cuttack25 Oct 2017AY 2007-08

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri Sachit Jolly, ARFor Respondent: Shri Kunal Singh, CIT DR
Section 143(3)Section 147Section 195Section 195(1)Section 40

reassessment proceedings had been initiated by the AO on an erroneous assumption that all payments to non-resident are subject to withholding taxes under section 195 of the Act and. therefore, income had escapement assessment for failure to withhold tax u/s 195(1) r/w 40(a)(i), which is in complete disregard of the decision of Supreme Court

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 261/CTK/2019[2010-11]Status: DisposedITAT Cuttack15 Feb 2021AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

RONALD EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 368/CTK/2019[2008-09]Status: DisposedITAT Cuttack15 Feb 2021AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 268/CTK/2019[2010-11]Status: DisposedITAT Cuttack15 Feb 2021AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 270/CTK/2019[2012-13]Status: DisposedITAT Cuttack15 Feb 2021AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

ITA 470/CTK/2019[2006-07]Status: DisposedITAT Cuttack15 Feb 2021AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

ITA 471/CTK/2019[2007-08]Status: DisposedITAT Cuttack15 Feb 2021AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 262/CTK/2019[2011-12]Status: DisposedITAT Cuttack15 Feb 2021AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 264/CTK/2019[2005-06]Status: DisposedITAT Cuttack15 Feb 2021AY 2005-06

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 263/CTK/2019[2012-13]Status: DisposedITAT Cuttack15 Feb 2021AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

ITA 469/CTK/2019[2005-06]Status: DisposedITAT Cuttack15 Feb 2021AY 2005-06

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 269/CTK/2019[2011-12]Status: DisposedITAT Cuttack15 Feb 2021AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 265/CTK/2019[2007-08]Status: DisposedITAT Cuttack15 Feb 2021AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 266/CTK/2019[2008--09]Status: DisposedITAT Cuttack15 Feb 2021

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 267/CTK/2019[2009-10]Status: DisposedITAT Cuttack15 Feb 2021AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

31 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur thus reverse the CCIT’s findings as well as Revenue’s argument on the latter account as well. 7.8 Lastly comes the Revenue’s concluding argument that the CCIT has rightly held that assessee’s trustees had unbridled powers and they had also received payments from the former

M/S BERHAMPUR DEVELOPMENT AUTHORITY vs. ITO, BERHAMPUR

In the result, appeal of the assessee is allowed

ITA 128/CTK/2014[2005-06]Status: DisposedITAT Cuttack29 Nov 2019AY 2005-06

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

For Appellant: Shri D.K.Sheth, ARFor Respondent: Shri Subhendu Dutta, DR
Section 11Section 12ASection 143(2)Section 143(3)Section 144

section 147 r.w.s. 148 of the Act. It cannot be accepted that only because in the assessment order, detailed reasons have not been recorded, an analysis of the materials on the record by itself may be justifying the Assessing Officer to initiate a proceeding u/s. 147 of the Act. When a regular order of assessment is passed u/s

M/S. JAYA MANGALA CONSTRUCTION,KORAPUT vs. ITO, WARD-1, JEYPORE

In the result, appeal filed by the assessee is allowed

ITA 54/CTK/2017[2006-07]Status: DisposedITAT Cuttack15 Jun 2017AY 2006-07

Bench: Shri N.S Sainiassessment Year :2006-07

For Appellant: Shri P.K. Mishra, ARFor Respondent: Shri D.K.Pradhan, DR
Section 143Section 147Section 148

31,865/- minus Rs.5,48,900/- allowable as per IT rules) is required to added back to the total income of the assessee and determined the short levy of Rs.69,133/-. Accordingly, the case was reopened u/s 147 of the I.T.Act,1961 with the prior approval of Addl.CIT,B/R,Berhampur vide approval letter no. Addl.CIT/BAM/J-30/2009-10/1734, dt.18.05.2009 and issued notice

BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

ITA 77/CTK/2022[2008-09]Status: DisposedITAT Cuttack01 Feb 2023AY 2008-09

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri S.K.Agrawalla/S.K.Hota, ArsFor Respondent: Shri M.K.Gautam, CIT-DR
Section 142(1)Section 153ASection 153D

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT, CORPORATE CIRCLE 1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

ITA 81/CTK/2022[2012-13]Status: DisposedITAT Cuttack01 Feb 2023AY 2012-13

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri S.K.Agrawalla/S.K.Hota, ArsFor Respondent: Shri M.K.Gautam, CIT-DR
Section 142(1)Section 153ASection 153D

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record