BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

51 results for “reassessment”+ Section 39clear

Sorted by relevance

Delhi1,748Mumbai1,527Bangalore573Chennai522Jaipur262Hyderabad260Ahmedabad259Kolkata250Chandigarh136Pune104Raipur102Indore94Karnataka92Amritsar83Rajkot73Surat71Nagpur56Telangana51Lucknow46Patna42Guwahati39Agra38Allahabad37Cochin33Visakhapatnam26Jodhpur25SC18Cuttack16Orissa8Calcutta8Dehradun6Kerala6Ranchi6Rajasthan4A.K. SIKRI ROHINTON FALI NARIMAN2Panaji2Jabalpur2K.S. RADHAKRISHNAN A.K. SIKRI1Uttarakhand1Varanasi1Madhya Pradesh1

Key Topics

Section 260A9Section 80P(2)(a)8Section 1587Deduction7Section 1486Section 143(3)6Section 1475Section 10A5Section 54F5Search & Seizure

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

In the result, the orders passed by the Assessing

ITTA/422/2017HC Telangana10 Jul 2017

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

Section 39(1)Section 5Section 65(1)Section 9(2)

reassessment as the case may be." Section 40 of the Act was again amended by amending Act No.54 of 2013 and the aforesaid provision was given a retrospective operation 01.04.2005. The amended provision reads as under "40. Period of limitation for assessment.- (1) An assessment under Section 38 or re- assessment under Section 39

The Pr. Commissioner of Income-tax-4 vs. Sri. Krishna Chigullapally

ITTA/40/2022HC Telangana

Showing 1–20 of 51 · Page 1 of 3

5
Exemption5
Business Income5
15 Jun 2023

Bench: N.TUKARAMJI,UJJAL BHUYAN

Section 39(1)Section 62(1)Section 65(1)Section 69(1)

39 and requires the application of the dominant intention test, which is a proposition that was neither urged nor considered in Nokia India Case;  as per Section 4 of the KVAT Act, charge is on the taxable turnover of a dealer. Under Rule 3 of the Karnataka Value Added Tax Rules 200512, there is no mechanism by which the Revenue

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

ITTA/9/2005HC Telangana21 Sept 2022

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 143(1)(a)

Section 147 of the IT Act were completed and following income was assessed as under : 6 ITA No.6 of 2005 & other connected matters Assessment year Income Assessed (₹) 1988-89 44,39

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

ITTA/7/2005HC Telangana21 Nov 2017

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

Section 143(1)(a)

Section 147 of the IT Act were completed and following income was assessed as under : 6 ITA No.6 of 2005 & other connected matters Assessment year Income Assessed (₹) 1988-89 44,39

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

ITTA/28/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 143(1)(a)

Section 147 of the IT Act were completed and following income was assessed as under : 6 ITA No.6 of 2005 & other connected matters Assessment year Income Assessed (₹) 1988-89 44,39

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

ITTA/8/2005HC Telangana05 Jul 2012
Section 143(1)(a)

Section 147 of the IT Act were completed and following income was assessed as under : 6 ITA No.6 of 2005 & other connected matters Assessment year Income Assessed (₹) 1988-89 44,39

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

Appeals are hereby dismissed by

ITTA/65/2014HC Telangana26 Mar 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 10Section 10ASection 143(3)Section 148Section 260

39,326/-. Therefore, I have reasons to believe that income chargeable to tax has escaped assessment for the Ay 2003-04”. 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

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

ITTA/108/2022HC Telangana25 Sept 2023

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

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 (1) of the section. Clause (c) of sub-section (1) deals with cases where the importer

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

ITTA/94/2022HC Telangana24 Aug 2023

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

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 (1) of the section. Clause (c) of sub-section (1) deals with cases where the importer

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

The appeal is allowed and the order passed

ITTA/14/2025HC Telangana19 Mar 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 130Section 154Section 27Section 27(2)

39 of 50 40. The authority placed reliance on the decision of the tribunal in Minerals and Metals Trading Corporation of India Limited Versus Collector of Customs, Bombay 26 wherein it was held that correction of clerical or arithmetical mistakes under Section 154 and Section 27 of the Act to be interpreted harmoniously so that it is not rendered negatory

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

ITTA/102/2012HC Telangana24 Jul 2013

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 :-

Section 143(3)Section 147Section 148Section 24(1)(i)Section 32Section 43B

39. As a result of the aforesaid discussion, we find that in proceedings under Section 147 of the Act, the Income Tax Officer may bring to charge items of income which had escaped assessment other than or in addition to that item or items which have led to the issuance of notice under Section 148 and where ressessment is made

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

ITTA/441/2013HC Telangana24 Sept 2013

reassessment is to be made. Where the reason for reopening is other than “collusion or any wilful mis- W.P. (C) 441/2013 & connected matters Page 24 of 66 statement or suppression of facts” reopening has to be done within one year from the „relevant date‟. Where it falls within the categories demarcated in terms of Section 28 (4) as amended

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

In the result, the appeal is disposed of

ITTA/392/2016HC Telangana20 Oct 2016

Bench: ANIS,SANJAY KUMAR

Section 143(1)Section 143(3)Section 147Section 148Section 260Section 260A

reassess such income, profits or gains. It is, therefore, manifest that once assessment is reopened by issuing a notice under Sub-section (2) of Section 22 the previous under- assessment is set aside and the whole assessment proceedings start afresh. When once valid proceedings are started under Section 34(1)(b) the Income-tax Officer had not only the jurisdiction

COMM.OF INCOME TAX BANGALORE vs. NAVABHARAT ENTERPRISES HYD

In the result, Income Tax Appeal No

ITTA/3/2000HC Telangana02 Jan 2012

Bench: This Court & Hence Both Appeals Have Been Heard Together & Are Being Decided By This Common Judgment. 2. Sri Ravi Kant, Senior Advocate Assisted By Sri Rahul Agarwal, Advocate Have Appeared On Behalf Of Assessee & Sri Manish Goel, Advocate Has Put In Appearance On Behalf Of Revenue. 3. Revenue'S Appeal Was Admitted On The Following Substantial Questions Of Law:- (1)Whether On The Facts & In The Circumstances Of The Case, Tribunal Was Right In Holding That Authorization For Search

For Appellant: - M/S Verma Roadways Through its Partner R.K.VermaFor Respondent: - Assistant Commissioner Of Income Tax
Section 132Section 158Section 260A

reassessment” in Section 132B shall be construed as references to “block assessment” . (emphasis applied) 26. Photocopy of warrant of authorisation issued in Form 45 under Section 112(I) of Income Tax Rules, pursuant whereto search was conducted at Assessee's premises on 28.11.1996 was produced before Tribunal, which are quoted in para 11.2 of Tribunal's order and relevant extract

M/S NMDC LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

The appeal is allowed

ITTA/23/2018HC Telangana04 Jun 2021

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

For Appellant: Mr.Ashish Gautam, AdvocateFor Respondent: Mr. Sunil Singh, Advocate
Section 12(1)Section 12(1)(C)Section 19(1)

39 amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. 85. Recently

The Commissioner of Income Tax(Central) vs. M/s.Madhu Enterprises

ITTA/127/2025HC Telangana12 Feb 2025

Bench: The Learned

Section 132Section 143(3)Section 147Section 148Section 153ASection 260ASection 54F

reassessment notice – which was issued beyond the period of four years from the end of the relevant assessment year – was barred by limitation. The said objections were rejected by the AO. 15. Aggrieved by the assessment order dated 29.12.2017, the Assessee filed an appeal before the learned CIT(A). 16. The learned CIT(A) dismissed the Assessee’s challenge

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

ITTA/373/2011HC Telangana29 Nov 2011
Section 34

reassessing or reappreciating the evidence. An award can be challenged only under the grounds mentioned in Section 34 (2) of the Act. The Arbitral Tribunal has examined the facts and held that both the second respondent and the appellant are liable. The case as put forward by the first respondent has been accepted. Even the minority view was that

SYED ABBAS MIAH vs. INCOME TAX OFFICER,WARD-I,KURNOOL

ITTA/128/2018HC Telangana25 Apr 2018

39 and order. As on date therefore, the interim order dated July 31, 2012 is still continuing. At least no material was placed before us to suggest otherwise in course of the long hearing of these matters. 67. The Division Bench while passing the interim order on July 31, 2012 obviously considered the Entry Tax Act, 2012 to be valid

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

ITTA/439/2018HC Telangana08 Oct 2018

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 143(2)Section 260Section 268

reassess the income, all the consequent proceedings were null and void and it was not a case of irregularity. Therefore, Section 292B of the Act had no application. 16. When we apply the ratio of aforesaid cases to the facts of this case, the irresistible conclusion would be provisions of Section 292B of the Act are not applicable in such

Commissioner of Income Tax -II vs. The Agrasen Coop. Urban Bank Ltd.,

In the result, for the above reasons, these appeals fail and

ITTA/711/2006HC Telangana07 Jun 2011

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

Section 260ASection 46Section 80P(2)(a)

reassessment proceedings, the order of the assessing officer was reversed, and the Income Tax Appellate Tribunal (ITAT) referred the matter to the High Court under Section 66(1) of the 1922 Act. The Revenue argued that moneys laid out in deposit in other banks stand apart and, therefore, do not get the benefit of exemption. Repelling the submission, the unanimous