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Documents citing Larsen And Toubro Limited vs The State Of Bihar (Now Jharkhand) And ... on 2 November, 2007

Kasturchand Bafna vs State Of Chhattisgarh 2 Wa/64/2017 M/S ... on 25 July, 2019

29. Coming to the law declared by the Apex Court, which was cited and relied on from part of the State/Revenue in M/s. Larsen & Toubro Ltd. Vs. State of Jharkhand and Ors.12, the Court was examining the scope of the word "Information" used in Section 19 of the Bihar Finance Act, 1981 (for short , 'the State Act') and it was held that the said term is used in the widest amplitude and should not be construed narrowly. The point for consideration as dealt with in paragraph 4 of the said judgment was whether, on the information given by the audit team of the Auditor General, Bihar, the Assessing Authority was satisfied that reasonable ground existed to believe that a part of the turnover of the appellant- Company had escaped assessment within the meaning of Section 19 of the State Act; based on which the assessing officer could re-open the assessment. The contention of the appellant/Assesse was that an 'audit objection' could not be construed as 'information' within the meaning of Section 19 of the State Act and would only remain as 'change in opinion'. 12 2017 SCC Online SC 347 35 The contention of the State was that the Assessing Authority had not revised the assessment merely on the basis of audit report and that it had satisfied itself before revising the same, while rejecting part of the audit objection and thus applied its mind properly and further that audit objection in the said case was of course a piece of information; adding further that the word 'information' used in the said section was of widest amplitude.
Chattisgarh High Court Cites 26 - Cited by 0 - Full Document

M/S. Cmc Ltd, Mumbai vs The Acit Rg 10(1), Mumbai on 6 February, 2020

Upon careful reading of the decision of the Hon'ble Supreme Court in Larsen Toubro Ltd. v/s State of Jharkhand & Ors., in Civil Appeal no.5390/2007, cited by learned Departmental Representative, we find it to be not applicable to the facts of the present case, as the said decision is not on the issue of validity of re- assessment order on account of non-disposal of objection raised by the assessee. It is relevant to observe, post conclusion of hearing of the appeal, the learned Departmental Representative has submitted a note citing certain decisions in support of the proposition that non- disposal of objection is a procedural irregularity, hence, the assessment order should be set aside for enabling the Assessing Officer to dispose of the objections and pass a fresh assessment order.
Income Tax Appellate Tribunal - Mumbai Cites 18 - Cited by 0 - Full Document

Renuka Tiwary vs The State Of Jharkhand on 19 January, 2021

The cases relied by the learned counsel for the petitioner in 'Larsen and Tourbo' case is concerned, that was with regard to assessment not previously noticed or investigated. This aspect of the matter can be agitated by the petitioner before the competent authority with regard to audit report. This judgment was dealt with in sales tax and VAT Act. This judgment is not helping the petitioner.
Jharkhand High Court Cites 12 - Cited by 0 - S K Dwivedi - Full Document

Dcit 12(2)(1), Mumbai vs Firstsource Solutions Ltd, Mumbai on 22 May, 2019

they have to be quashed and no second opportunity can be given to the Assessing Officer to pass fresh assessment orders after disposing of the objections of the assessee. The same view has been expressed by the Co-ordinate Bench in the decisions cited by the learned Sr. Counsel for the assessee. Upon careful reading of the decision of the Hon'ble Supreme Court in Larsen Toubro Ltd. v/s State of Jharkhand & Ors., in Civil Appeal no.5390/2007, cited by learned Departmental Representative, we find it to be not applicable to the facts of the present case, as the said decision is not on the issue of validity of re- assessment order on account of non-disposal of objection raised by the assessee. It is relevant to observe, post conclusion of hearing of the appeal, the learned Departmental Representative has submitted a note citing certain decisions in support of the proposition that non- disposal of objection is a procedural irregularity, hence, the assessment order should be set aside for enabling the Assessing Officer to dispose of the objections and pass a fresh assessment order.
Income Tax Appellate Tribunal - Mumbai Cites 11 - Cited by 0 - Full Document

Jasmin K Ajmera (Huf), Mumbai vs Dcit Cc 2 (2), Mumbai on 6 October, 2021

Upon careful reading of the decision of the Hon'ble Supreme Court in Larsen Toubro Ltd. v/s State of Jharkhand & Ors., in Civil Appeal no.5390/2007, cited by learned Departmental Representative, we find it to be not applicable to the facts of the present case, as the said decision is not on the issue of validity of re- assessment order on account of non-disposal of objection raised by the assessee. It is relevant to observe, post conclusion of hearing of the appeal, the learned Departmental Representative has submitted a note citing certain decisions in support of the proposition that non- disposal of objection is a procedural irregularity, hence, the assessment order should be set aside for enabling the Assessing Officer to dispose of the objections and pass a fresh assessment order.
Income Tax Appellate Tribunal - Mumbai Cites 28 - Cited by 4 - Full Document

M/S. International Commerce Ltd vs The State Of Jharkhand Through The ... on 2 March, 2022

5. Learned counsel for the petitioner has placed reliance upon the case of Larsen & Toubro Ltd. Vs. State of Jharkhand & Ors. reported in (2017) 13 SCC 780 in support of the ground that the Assessing Officer has without recording personal satisfaction initiated reassessment proceedings simply based on the audit objection, which is not proper in the eye of law.
Jharkhand High Court Cites 11 - Cited by 0 - A K Singh - Full Document

The Sri Kannikaparameswari Co Op Bank ... vs The Income Tax Officer on 23 November, 2021

17. The Hon'ble Apex Court in the case of M/s Larsen & Toubro Ltd., v. State of Jharkhand and Ors., decided in Civil Appeal No.5390/2007 on 21.3.2017, while considering Section 19 of Bihar Finance Act, 1981, has analyzed the phrase 'information' and has rendered the judgment. Hence, now it may not be necessary for us to delve upon the issue whether the audit objection would be a source for reopening the concluded assessment as no such substantial question of law is raised herein. It is apt for us to hold that there is change of opinion in reopening the concluded assessment by the assessing officer pursuant to the audit query raised and the reply furnished by him, which manifests from the original records.
Karnataka High Court Cites 28 - Cited by 0 - Full Document

Zishaan Fashion Pvt Ltd, Mumbai vs Ito 5(3)(4), Mumbai on 7 January, 2022

Upon careful reading of the decision of the Hon'ble Supreme Court in Larsen Toubro Ltd. v/s State of Jharkhand & Ors., in Civil Appeal no.5390/2007, cited by learned Departmental Representative, we find it to be not applicable to the facts of the present case, as the said decision is not on the issue of validity of re- assessment order on account of non-disposal of objection raised by the assessee. It is relevant to observe, post conclusion of hearing of the appeal, the learned Departmental Representative has submitted a note citing certain decisions in support of the proposition that non- disposal of objection is a procedural irregularity, hence, the assessment 13 ITA.NOs. 4266 to 4270/MUM/2019 M/s. Zishaan Fashion Pvt. Ltd., order should be set aside for enabling the Assessing Officer to dispose of the objections and pass a fresh assessment order.
Income Tax Appellate Tribunal - Mumbai Cites 28 - Cited by 0 - Full Document
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