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Regional Manager,Upsrtc,, Agra vs Department Of Income Tax on 11 September, 2012

In the said order, i.e. M/s. Indian Oil Corporation Limited vs. ITO (TDS) (supra), the I.T.A.T. has also considered the order of I.T.A.T., Ahmedabad Bench in the case of Ahmedabad Urban Development Authority vs. ACIT, TDS Circle in ITA No.1637/Ahd/2010, order dated 10.03.2011. The relevant finding reproduced in the order of M/s. Indian Oil Corporation Limited is reproduced from paragraph no.12, page nos.14 to 17 as under:-
Income Tax Appellate Tribunal - Agra Cites 14 - Cited by 0 - Full Document

Ashok Kumar Goel vs Assessing Officer. on 25 January, 1995

10.1 In this connection the decision in the case of Indian Oil Corpn. vs. ITO (supra) is also worthwhile to be noted wherein the Honble Supreme Court has dealt with the decisions in the case of Hazi Amir Mohd. Mir Ahmed vs. CIT in which case at page 634 thereof referring to the Calcutta Discount Cos case (supra), the learned Judge drew a distinction between primary facts and inferential facts and held that the duty of the assessee extended only to disclose the primary facts fully and truly.
Delhi High Court Cites 28 - Cited by 0 - Full Document

Thanthi Trust vs Income-Tax Officer on 22 November, 1988

61. Here again, the suspense register is for the assessment year 1970-71 which shows huge discrepancy which came to light in the course of the assessment for the year 1974-75. Therefore, this is not a case of omission by the appellant. But a subsequent discovery which could have been discovered with due diligence or by calling upon the appellant to produce the relevant account books. Hence, for the assessment year 1974-75, that cannot projected as a reason. For the assessment year 1971-72, in addition to these two reasons, on other reasons that is given is sale of excessive wastage. The sale of wastage at 8.89% accounted for that year had year fully accepted by the income-tax authorities. The fact that in the subsequent year 1974-75, 5% came to be arrived at cannot constitute a ground for reopening. This squarely falls with the ratio of the Supreme Court decision laid down in India Oil Corporation v. ITO [1986] 159 ITR 956.
Madras High Court Cites 48 - Cited by 32 - S Mohan - Full Document

Assistant Commissioner Of Income Tax ... vs Wave Distilleries And Breweries ... on 28 February, 2025

11.5 The Ld. A.R. also placed reliance on the judgement of Hon'ble Supreme Court of India in the case of Indian Oil Corporation vs. Indian Tax Officer, Central Circle V, Calcutta and Ors: [1986] 159 ITR 561 (SC) and submitted that in this case the Hon'ble Apex Court had ruled that there must be materials to come to the conclusion that there was 'omission or failure to disclose fully and truly all material facts necessary for the assessment of the year.
Income Tax Appellate Tribunal - Lucknow Cites 28 - Cited by 0 - Full Document

Wave Distilleries And Breweries ... vs Assistant Commissioner Of Income Tax ... on 28 February, 2025

11.5 The Ld. A.R. also placed reliance on the judgement of Hon'ble Supreme Court of India in the case of Indian Oil Corporation vs. Indian Tax Officer, Central Circle V, Calcutta and Ors: [1986] 159 ITR 561 (SC) and submitted that in this case the Hon'ble Apex Court had ruled that there must be materials to come to the conclusion that there was 'omission or failure to disclose fully and truly all material facts necessary for the assessment of the year.
Income Tax Appellate Tribunal - Lucknow Cites 28 - Cited by 0 - Full Document
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