Commissioner of Income Tax-I vs. M/s. BDR Projects Pvt. Ltd.

10. Sub-section (2A) and (2B) to Section 28 of the Act were inserted with effect from 11th May 2001 by the Finance Act, 2001. Two Notifications bearing Nos. 250-Cus and 251-Cus were issued on 27th August 1983 by the Central Government in exercise of the powers conferred under Section 4 (1) of the Act, appointing Collector

EVEREST ORGANICS LTD vs. THE COMMISSIONER OF I.T., HYDERABAD

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

reassessment on the dictates of the higher authorities sitting at Delhi and Jabalpur. 71. Once having held that the reassessment started at the dictation of the higher authorities and thereafter, during reassessment process too continuous instructions were imparted and even the AO obtained instructions, therefore, the end result would be same as the bias would exist. Decision of reassessment, reassessment

C. SANYASI RAJU vs. THE ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, VIZAG.

Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD

reassessment on the dictates of the higher authorities sitting at Delhi and Jabalpur. 71. Once having held that the reassessment started at the dictation of the higher authorities and thereafter, during reassessment process too continuous instructions were imparted and even the AO obtained instructions, therefore, the end result would be same as the bias would exist. Decision of reassessment, reassessment

The Commissioner of Income Tax-III vs. M/s.Samrakshna Electricals Ltd

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

reassessment on the dictates of the higher authorities sitting at Delhi and Jabalpur. 71. Once having held that the reassessment started at the dictation of the higher authorities and thereafter, during reassessment process too continuous instructions were imparted and even the AO obtained instructions, therefore, the end result would be same as the bias would exist. Decision of reassessment, reassessment

M/s.GVK Petro Chemicals Private Limited,(Novo Resins AND vs. The Deputy Commissioner of Income Tax,

reassessment on the dictates of the higher authorities sitting at Delhi and Jabalpur. 71. Once having held that the reassessment started at the dictation of the higher authorities and thereafter, during reassessment process too continuous instructions were imparted and even the AO obtained instructions, therefore, the end result would be same as the bias would exist. Decision of reassessment, reassessment

COMMR OF INCOME TAX [TDS], HYDERABAD vs. M/S JAYADARSHINI HOUSING PVT LTD., HYDERABAD

Appeals are hereby dismissed by

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

14 As per Section 147 of the Act, if the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year he may, subject to provisions of Section 148 to 153, assess or reassess such income. 10

Mr. Vasamsetty Veera Venkata Satyanarayana vs. The Principal Commissioner of Income Tax -1

The appeal is allowed and the order passed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

reassessed in terms of Section 154 of the Act and upon the amount being crystalized the same was immediately refunded to the respondent and the question of payment of interests does not and cannot arise. 9. The learned advocate appearing for the respondent submitted that the respondent in all the shipping bills indicated the iron content

PROGREESIVE CONSTRUCTIONS LIMITED vs. JT. COMMISSIONER OF INCOME TAX

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 1a8(sz;) o[ the Act, assessing officer computed t zol trn ltz 5 the total incor,re of the assessee at Rs.2,16,89,170.00. Flowever, after adjustmerrt of the refund for earlier assessment y3ars, the amount payabl,: bythe assessee was quantified at Rs.95,690.00. 7. Against rhe aforesaid order of assessment, assessee preferred appeal before r he Commissioner

The Prl Commissioner of Income Tax (Exemptions) vs. Institute of Development and Research in Banking Technology

Bench: ABHINAND KUMAR SHAVILI,V RAMASUBRAMANIAN

10 (paras 13, 14 and 15) I.T.A No.71/2017 C/W I.T.A No.785/2017 16 assessee. He forms an opinion. The reassessment will be invalid because the Assessing Officer had formed an opinion in the original assessment, though he had not recorded his reasons." (Emphasis Supplied) 19. It is also further held that Revenue is not without remedy and it can invoke power

The Commissioner of Income Tax [Central] vs. Smt P Sujana

The appeal stands disposed of as indicated above

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

reassessment under Section 147, not a case for rectification wherein the tax liability has been enhanced. 6. Learned counsel for the revenue justifying the orders of the authorities submitted that Section 80 of the Act provides for submission of return for losses. In terms of the said Section, it is mandatory that the return for losses has to be filed

The Commissioner of Income Tax -V, vs. M/S Secunderabad Club

Bench: V.V.S.RAO,RAMESH RANGANATHAN

10 deduction claimed. Now, Usha International (supra) referred to by the revenue itself points out that if some aspect, vital or important, is overlooked during assessment, per se the remedy are not reassessment, but rather, the corrective jurisdiction under Section 263. That such jurisdiction cannot be exercised for some reasons, would not entitle the revenue to resort to reassessment, which

The Commissioner of Income Tax (Central) vs. Akula Nageswara Rao

In the result, the orders passed by the Assessing

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

10. At this stage, Sri. R.V. Prasad, learned Counsel very fairly would submit that without expressing any opinion on the merits or demerits of the case, he may be permitted to make an appropriate application before the authority for Clarification and Advance Ruling and further, requests this Court to direct the authority to pass an appropriate order, without being influenced

The Commissioner of Income Tax - III, vs. M/s. Suven Pharmaceuticals Limited,

Appeals are dismissed

reassessment  or recomputation exceeds the tax on the total  income determined [under sub­section (1) of  section 143 or] on the basis of the regular  assessment aforesaid. (4) Where,   as   a   result   of   an   order   under  section 154 or section 155 or section 250 or  section 254 or section 260 or section 262 or  section 263 or section

Andhra PRadesh Pradesh Fibres Limited vs. Assistant commissioner of Income Tax

In the result, the order passed by the

Bench: V.V.S.RAO,SANJAY KUMAR

14 Section 263 or Section 264 is passed by the Chief Commissioner or Commissioner. 3. The provisions of sub-Sections (1) and (2) shall not apply to the following classes of assessments., reassessmnents and recomputations which may, subject to the provisions of sub-Section (2A), be completed at any time- (i) xxxxxx (ii) where the assessment, reassessment or recomputation

The Commissioner of Income Tax-III vs. Smt.Anitha Sanghi

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

10 expenditure in the scheme of Section 14A of the Act. It is further submitted that condition precedent for invoking Section 14A of the Act is pay out. In the instant case, since the assessee has not incurred any expenditure, therefore, the provisions of Section 14A of the Act do not apply to the fact situation of the case

Commissioner of Income Tax, vs. Dr. T.Ravi Kumar,

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 10Th April, 2024. Appearance: Mr. J. P. Khaitan, Senior Advocate Mr. Sanjay Bhowmick, Advocate Ms. Swapna Das, Advocate … For The Appellant. Ms. Smita Das De, Advocate … For The Respondent. 1. Heard Sri J. P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjay Bhowmick, Learned Counsel For The Appellant/Assessee & Ms. Smita Das De, Learned Senior Standing Counsel For The Respondent. 2. The Assessment Years Involved In The Present Appeal Are Assessment Year 1999-2000 & Assessment Year 2000-01. By Order Dated 16.08.2012, This Appeal Was Admitted On The Following Substantial Questions Of Law :-

reassessment is not made for the benefit of assessee. In fact in this case, time for issuing notice under section 143(2) was available with the Assessing Officer after filing the revised return but instead of that he has issued notice under section 148. Therefore, I find force behind the arguments of the appellant that the appellant should

Principal Commissioner of Income Tax-2 vs. M/s.Viskha Container Terminal Private Limited

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

14 High Court held that the issue of notice under Section 148 of the Income Tax Act is a condition precedent to the validity of any assessment order to be passed under section 147 of the Act and when such a notice is not issued and assessment made, such a defect cannot be treated as cured under Section 292B

The Director of Income Tax, (Exemptions) vs. Royal Education Society

In the result, the appeal is disposed of

Bench: ANIS,SANJAY KUMAR

10 be made by the assessee in a proceeding under Section 148 of the Act. It is also urged that decision of the Supreme Court in Sun Engineering Works (P.) Ltd still holds the field. In support of aforesaid submissions, reference has been made to a decision in 'GOETZE (INDIA) LTD. VS. COMMISSIONER OF INCOME TAX', (2006) 157 TAXMAN