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 does not arise. The orders passed by the assessing officer were the assessment orders passed on original and revised return and claims made by the assessee during the assessment proceedings and, as such, the interest paid to financial institutions/banks being an allowable expenditure under Section 43B of the Act, 1961 was bound to be allowed. 15. In the case

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

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

reassess such income and AO should have the reason to believe and sub-section (2) of Section 148 provides that before issuing a notice for an intended assessment/reassessment under Section 147, the AO shall record his reason for doing so and in the case at hand reasons have been recorded the same should not have been interfered. (viii) Further reference

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

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

reassess such income and AO should have the reason to believe and sub-section (2) of Section 148 provides that before issuing a notice for an intended assessment/reassessment under Section 147, the AO shall record his reason for doing so and in the case at hand reasons have been recorded the same should not have been interfered. (viii) Further reference

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

reassess such income and AO should have the reason to believe and sub-section (2) of Section 148 provides that before issuing a notice for an intended assessment/reassessment under Section 147, the AO shall record his reason for doing so and in the case at hand reasons have been recorded the same should not have been interfered. (viii) Further reference

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

reassess such income and AO should have the reason to believe and sub-section (2) of Section 148 provides that before issuing a notice for an intended assessment/reassessment under Section 147, the AO shall record his reason for doing so and in the case at hand reasons have been recorded the same should not have been interfered. (viii) Further reference

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

37 could not have been sought recourse to, by the assessee in the circumstances. This reassessment notice (hereinafter called the “first reassessment notice”) was set aside by the Appellate Commissioner on 25.10.2007. The matter attained finality. 2. Yet again, on 20.12.2007, the A.O. issued a second reassessment notice under Section

Commissioner of Income Tax- IT and TP vs. M/s. Louis Berger International Inc.,

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

37. The Supreme Court had also adverted to the procedure of provisional assessment as embodied in Section 18 and explained its significance in the following words: ―22. The significance of Section 18 of the Act can be understood in the light of the above provisions. Section 18 provides for provisional assessment of duty in cases specified in sub-section

Commissioner of Income Tax-II vs. M/s. Andhra Pradesh Mineral Development Corporation Ltd.

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

37. The Supreme Court had also adverted to the procedure of provisional assessment as embodied in Section 18 and explained its significance in the following words: ―22. The significance of Section 18 of the Act can be understood in the light of the above provisions. Section 18 provides for provisional assessment of duty in cases specified in sub-section

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

In the result, the appeal is disposed of

Bench: ANIS,SANJAY KUMAR

37 of the Act. In support of aforesaid submissions, reference has been made to 'ITO VS. MEWALAL DWARKA PRASAD', (1989) 176 ITR 529 (SC), 'ITO VS. K.L.SRIHARI (HUF) (2001) 250 ITR 193 (SC), and 'ACIT VS. 9 RAJESH JHAVERI STOCK BROKERS P. LTD.', (2007) 291 ITR 500 (SC). 5. On the other hand, learned counsel for the revenue submitted that

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

reassessing the shipping bills a communication was issued by the department dated 17.08.2023 calling upon the respondent to submit all connected documents and the respondent in response submitted the required documents and immediately thereafter the adjudicating authority sanctioned the refund on 05.09.2023 and the same was paid to the respondent on 06.09.2023 and therefore, the question of payment of interests

M/s. Dakshin Infrastructures Private Limited vs. Deputy Commissioner of Income Tax

The appeals are allowed

Bench: N.TUKARAMJI,UJJAL BHUYAN

reassessment is challenged based on HCJ & NTRJ I.T.T.A.Nos.259 of 2022 & batch 4 the material recovered at the time of search of a group concern? 3. Whether the Tribunal failed to appreciate that the reasoning given in appeal of Indur Developers and Agencies Private Limited (ITA No.672/Hyd/2020 dated 21.3.2022) formed the basis for decision in this appeal and hence

M/s Kausalya Agro Farms and Developers pvt. ltd vs. Deputy Commissioner of Income Tax

The appeals are allowed

Bench: N.TUKARAMJI,UJJAL BHUYAN

reassessment is challenged based on HCJ & NTRJ I.T.T.A.Nos.259 of 2022 & batch 4 the material recovered at the time of search of a group concern? 3. Whether the Tribunal failed to appreciate that the reasoning given in appeal of Indur Developers and Agencies Private Limited (ITA No.672/Hyd/2020 dated 21.3.2022) formed the basis for decision in this appeal and hence

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

37,618/-. Thereafter a notice was issued under Section 143(2) of the Act. The Assessing Officer by an order dated 31.12.2002 inter alia held that since exempted dividend does not form part of income, the assessee is not entitled to disallowance of proportionate expenses as required under Section 14A of the Act. Accordingly, an addition of Rs.20

M/s. PLL-Suncon Joint Venture vs. The Deputy Commissioner of Income Tax

Section 37 stage is Associated Builders v Delhi Development Authority [2015 (3) SCC 49]. The court had revisited and considered several previous decisions on the subject; after iterating Saw Pipes (supra) and various decisions outlining the FAO(OS) 373/2011 Page 33 of 44 principles, the Court held that unreasonable decisions too can be interpreted, on limited grounds: “The third juristic

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

37 of 66 47. Although it was repeatedly stressed by learned counsel for the Respondents that Section 28 (11) and Explanation 2 to Section 28 can be harmonized and that for that purpose the SOR appended to the Validation Act, 2011 must be referred to, the Court is unable to undertake that exercise without doing violence to the express language

The Pr. Commissioner of Income Tax-2 vs. M/s.ZENOTECH LABORATORIES LIMITED

Appeal is dismissed

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notice under Section 153 A (1) will have to be mandatorily issued

Commissioner of Income Tax-III vs. S.P.Office Needs Pvt Ltd

The appeals are dismissed

37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notice under Section 153 A (1) will have to be mandatorily issued

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

37 OF 2012 I.T.A.NO.370/2011 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX LTU JSS TOWERS BSK III STAGE BANGALORE. 2. THE JOINT COMISSIONER OF INCOME-TAX LTDU JSS TOWERS BSK III STAGE BANGALORE. ... APPELLANTS (By Sri.K.V.ARAVIND, ADV.,) AND: M/S ASTRA ZENECA PHARMA INDIA LTD. P.B.NO.2483 OFF BELLARY ROAD HEBBAL BANGALORE. ... RESPONDENT 2 (By Sri.S.PARTHASARATHI SMT.JINITA CHATTERJEE, ADV.) - - - THIS