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21 results for “reassessment”+ Section 292Cclear

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Key Topics

Section 143(3)25Section 153A14Section 6812Section 1327Addition to Income7Section 69C4Section 132(4)3Section 143(2)3Section 142(1)3Penalty

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

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

ITA 309/IND/2017[2013-14]Status: DisposedITAT Indore25 Jan 2023AY 2013-14

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

Showing 1–20 of 21 · Page 1 of 2

2
Search & Seizure2
Undisclosed Income2

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

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

ITA 244/IND/2017[2012-13]Status: DisposedITAT Indore25 Jan 2023AY 2012-13

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

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

ITA 441/IND/2018[2014-15]Status: DisposedITAT Indore25 Jan 2023AY 2014-15

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

ITA 94/IND/2018[2009-10]Status: DisposedITAT Indore04 Oct 2021AY 2009-10

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

292C of the Act then the burden of proof lies with the Department which had not been discharged and thus the said third party departmental material / evidences first have to be proved to have some sort of live casual nexus with the undisclosed income of the appellant to sustain the addition under section 148 of the Act, especially when

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

ITA 95/IND/2018[2008-09]Status: DisposedITAT Indore04 Oct 2021AY 2008-09

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

292C of the Act then the burden of proof lies with the Department which had not been discharged and thus the said third party departmental material / evidences first have to be proved to have some sort of live casual nexus with the undisclosed income of the appellant to sustain the addition under section 148 of the Act, especially when

M/S. PRAKASH ASHPHLTING & TOO HIGHWAY LTD.,INDORE vs. THE ACIT, (CENTRAL)-1, INDORE

In the result, assessee’s ITA No

ITA 283/IND/2021[2008-09]Status: DisposedITAT Indore10 Jan 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2008-09 Prakash Asphaltings & Toll Acit (Central)-1 Of Highway (India) Ltd., Indore बनाम/ 76, Mall Road, Vs. Mhow (Appellant / Assessee) (Respondent / Revenue) Assessment Year: 2008-09 Acit, Central-1, Prakash Asphaltings & Indore Toll Of Highway (India) बनाम/ Ltd., 76, Mall Road, Vs. Mhow (Appellant / Revenue) (Respondent / Assessee)

Section 132Section 143(3)Section 147Section 148Section 148(2)Section 271D

292C will apply to AIDPL only and not to the assessee. Thus, the JCIT was not justified in levying penalty u/s 271D of the Act simply of the basis of some loose papers/sheet found from third party premises. The JCIT in the page no. 3-5 of the penalty order has reproduced the said excel sheets. While analysing, the JCIT

ACIT(CENTRAL)-1, INDORE vs. PRAKASH ASPHALTINGS & TOLL HIGHWAYS (INDIA) LTD., MHOW

In the result, assessee’s ITA No

ITA 20/IND/2021[2008-09]Status: DisposedITAT Indore10 Jan 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2008-09 Prakash Asphaltings & Toll Acit (Central)-1 Of Highway (India) Ltd., Indore बनाम/ 76, Mall Road, Vs. Mhow (Appellant / Assessee) (Respondent / Revenue) Assessment Year: 2008-09 Acit, Central-1, Prakash Asphaltings & Indore Toll Of Highway (India) बनाम/ Ltd., 76, Mall Road, Vs. Mhow (Appellant / Revenue) (Respondent / Assessee)

Section 132Section 143(3)Section 147Section 148Section 148(2)Section 271D

292C will apply to AIDPL only and not to the assessee. Thus, the JCIT was not justified in levying penalty u/s 271D of the Act simply of the basis of some loose papers/sheet found from third party premises. The JCIT in the page no. 3-5 of the penalty order has reproduced the said excel sheets. While analysing, the JCIT

BIRENDRA KUMAR SHARMA,GWALIOR vs. ACIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 542/IND/2017[09-10]Status: DisposedITAT Indore04 Jun 2019

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI SANJAY KUMAR SAHU,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 701/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI LALTA PRASAD CHOUDHARY,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 706/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI SUKHDEV SINGH DHARIWAL,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 702/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI RAMESH CHANDRA PARASHAR,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 708/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI PRADEEP KUMAR SHARMA,DABRA vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 707/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI KHEMRAJ SINGH CHAUHAN,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 703/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI KAMLESH KUMAR CHOUDHARY,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 704/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI DHARMENDRA KUMAR CHOUDHARY,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 710/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI VIJAY KUMAR SHRIVASTAVA,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 709/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

SHRI SANTOSH KUMAR SHARMA,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 705/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

THE ACIT- 1(1), BHOPAL vs. SHRI VINOD VAISH, BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 189/IND/2013[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

292C of the Act, the A.O. has rightly presumed that the said paper belongs to the appellant. The appellant has not rebutted the presumption. Therefore, the addition made by the A.O. is confirmed. However, since it pertains to A.Yr.2007-08, the AO is directed to exclude the same from computation total income for A.Yr. 2008-09 and include

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

ITA 67/IND/2021[2015-16]Status: DisposedITAT Indore23 Dec 2021AY 2015-16

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

reassessment for six years shall be finalised by the Assessing Officer. It is also held by various Courts that once notice u/ s 153A of the Act issued, then assessment for six years shall be at large both for Assessing Officer and assessee have no warrant of law. It has been also held that in the assessment years where assessments