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

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

5,94,40,840=00 g) Being aggrieved by the assessment order the assessee preferred an appeal before the CIT(A) on various grounds including the validity of reassessment proceedings. The CIT(A) after hearing the parties vide its order upheld the order passed by the AO under Section 143(3) read with Section

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

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

5,94,40,840=00 g) Being aggrieved by the assessment order the assessee preferred an appeal before the CIT(A) on various grounds including the validity of reassessment proceedings. The CIT(A) after hearing the parties vide its order upheld the order passed by the AO under Section 143(3) read with Section

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

5,94,40,840=00 g) Being aggrieved by the assessment order the assessee preferred an appeal before the CIT(A) on various grounds including the validity of reassessment proceedings. The CIT(A) after hearing the parties vide its order upheld the order passed by the AO under Section 143(3) read with Section

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

5,94,40,840=00 g) Being aggrieved by the assessment order the assessee preferred an appeal before the CIT(A) on various grounds including the validity of reassessment proceedings. The CIT(A) after hearing the parties vide its order upheld the order passed by the AO under Section 143(3) read with Section

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

In the result, the appeal is disposed of

Bench: ANIS,SANJAY KUMAR

139(5) of the Act expires, the only remedy which is available to the assessee is to file a return and to seek condonation of delay in filing the return under Section 119 of the Act. It is further submitted that Section 148 of the Act provides a remedy to the revenue and is not a remedy to the assessee

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

5) To harmonise is not to destroy any statutory provision or to render it otiose”. 60. In State of Tamil Nadu v. Thirumagal Mills Ltd. (1972) 1 SCC 176, it was explained as under: “The principle which has been laid down clearly is that validation of tax which has been declared to be illegal may be done only

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

5. It is the contention of Sri K.V.Aravind, learned Advocate for the revenue that Tribunal erred in holding that assessing Officer sought to initiate the re-assessment proceedings by mere change of opinion, without considering the fact that the 7 expenditure related to onsite development of computer software and same had not been examined in the original assessment

The Commissioner of Income Tax-IV vs. M/s. Meghadoot Drillers,

reassessment or recomputation under Section 147, the Income Tax Officer shall serve on the assessee a notice containing all or any of the requirements which may be included in a notice under Sub-section (2) of Section 139; and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued

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

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

5 of 10 live link between the material coming to the notice of the Income Tax Officer and the formation of his belief that there has been escapement of the income of the assessee from assessment in the particular year because of his failure to disclose fully and truly all material facts. The powers of the Income Tax Officer

Commissioner of Income Tax-III., vs. Smt. Chirala Nivedita Reddy

reassessment proceedings. 5. Furthermore the CIT(Appeals) and the ITAT considered elaborately on the merits of the addition and held that the effort of the assessing officer ITA 575/2012 Page 4 to bring such amounts to tax was not justified. The ITAT pertinently noticed as under : “The formation of such belief exhibiting the escapement of income or the reasons should

CHENNAKESAVA PHARMACEUTICALS VIJAYAWADA vs. THE COMI.OF INCOMETAX VIJ.

In the result, all the appeals are allowed setting aside the common

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

139 (8) and 215/217 of the Income Tax Act,” the Delhi High Court held that the said statement recorded in the assessment order did not satisfy Section 271 (1) (c) of the Act as held by the Delhi High Court in Ram Commercial Enterprises Ltd.’s case (6 supra). Even in Ram Commercial Enterprises Ltd.’s case (6 supra

Commissioner of Income Tax, vs. M/S Foods Fats and Fertilisers Limited,

The appeals stand dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

5 of 7) [ITA-37/2009] 6. Counsel for the respondent has supported to the order and contended that in view of the remand order where department has in the previous litigation agreed for remand to consider that the notice is served on the assessee. Therefore, after considering the case no error has been committed by the Tribunal

Commissioner of Income Tax-II vs. M/s Transport Corporation of India

Bench: CHALLA KODANDA RAM,C.V.NAGARJUNA REDDY

reassess the fact and evidence of the case. In support of his contention, 4 he also places reliance in the matter of Unisource Hydro Carbon Services (P.) Ltd. Vs. Union of India (2022) 139 Taxman.com 411 (Culcutta). He also submits that in the cases upon which counsel for the petitioner has placed reliance, no case has been cited

Dr.D. Siva Sankara Rao-HUF vs. I.T.O. Ward-2, Eluru

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

reassessment of market value using a fair and just approach. Learned Counsel clarifies that they are seeking compensation based on actual usage and future potentiality of the acquired land. It is submitted that if the land is capable of being used for building purposes in the near future, its valuation must reflect such capability. Reliance is placed on Clause

P.V.S.Raju vs. The Addl. C.I.T.

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

reassessment of market value using a fair and just approach. Learned Counsel clarifies that they are seeking compensation based on actual usage and future potentiality of the acquired land. It is submitted that if the land is capable of being used for building purposes in the near future, its valuation must reflect such capability. Reliance is placed on Clause

Pinna Nageswara RAo, vs. Commissioner of Income tax, IV (A.P)

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

5 SCC 747 3 (2004) 10 SCC 627 4 2009 (8) SCC 582 Digitally Signed By:RAHUL Signing Date:05.10.2025 11:29:12 Signature Not Verified LA.APP. 59/2007 & connected Page 88 of 171 18.4 Learned Counsel for the Appellant submits that the market value for the acquired land of village, Kilokari cannot be treated differently from the adjacent land

PRL COMMR OF INCOME TAX-7, HYDERABAD vs. M/S SRI VENKATESWARA PADMAVATHI COMPAY, KHAMMAM DIST

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

5 SCC 747 3 (2004) 10 SCC 627 4 2009 (8) SCC 582 Digitally Signed By:RAHUL Signing Date:05.10.2025 11:29:12 Signature Not Verified LA.APP. 59/2007 & connected Page 88 of 171 18.4 Learned Counsel for the Appellant submits that the market value for the acquired land of village, Kilokari cannot be treated differently from the adjacent land

Kuchipudi Krishna Kishore vs. THE DCIT, CIR-2[1],

Bench: P.SAM KOSHY,N.TUKARAMJI

5 SCC 747 3 (2004) 10 SCC 627 4 2009 (8) SCC 582 Digitally Signed By:RAHUL Signing Date:05.10.2025 11:29:12 Signature Not Verified LA.APP. 59/2007 & connected Page 88 of 171 18.4 Learned Counsel for the Appellant submits that the market value for the acquired land of village, Kilokari cannot be treated differently from the adjacent land