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Documents citing K.P. Cold Storage, Agra vs Ito-2(1)(2), Agra on 22 March, 2019

M/S A.K Cold Storage Pvt. Ltd., Kanpur vs Income Tax Officer-6(1), Kanpur on 24 December, 2021

38 | P a g e ITA Nos. 311 & 312/Lkw/2017 (AYs. 2007-08 & 2009-10) A.K. Cold Storage P. Ltd. v. ITO 8.3 Each of the several decisions by the Apex Court referred to in this order is only to bring forth the well-settled principle/s of law explained and elucidated by it in fact per, rather, a series of decisions, so that they comprise the law of the land and, in fact, stand followed by the Hon'ble High Courts across the country. This reference to the decisions by the Apex Court, it is clarified, only toward establishing the authenticity of what is being stated in this order inasmuch as adjudication necessarily implies applying the law as laid down and clarified by the higher courts of law to the facts as determined.
Income Tax Appellate Tribunal - Lucknow Cites 43 - Cited by 5 - Full Document

Vimla Devi Meena, Dausa vs Ito Ward- Dausa, Dausa on 1 October, 2024

Honorable ITAT, Agra Bench in M/s K.P. Cold Storage Vs ITO ITA No. 145/Agra/2018 had held that; In the present case AO on basis of information received from the ADIT(Inv.) that there were huge cash deposits in the bank accounts maintained by assessee during the period F.Y 2008-09, had issued notice under section 148 which culminated into assessment framed determining total income at Rs. 2,21,60,400/- as against Rs.12,45,390/- originally returned by assessee. Assessee contended that no notice under section 148 was served upon assessee and ex-parte assessment was completed without serving any notice under section 148 till the completion of assessment which rendered the assessment order to be held void-ab-initio. It was held a valid service of a valid notice under section 148, is not a mere procedural requirement, but is a condition precedent to the validity of any assessment, reassessment or re-computation to be made under section 147 and it is so because of the use of words "shall serve on the assessee" and also the 9 ITA No. 1034/JP/2024 Smt. Vimla Devi Meena, Dausa.
Income Tax Appellate Tribunal - Jaipur Cites 49 - Cited by 0 - Full Document

I.T.O. - 23(1)(5), Mumbai vs Grace Development Associates , Mumbai on 28 March, 2023

> M/s Narendra Polychem (P) Ltd. Formerly known as M/s Narendra Cold Storage (P) Ltd. Vs Income Tax Officer 2016 (6) TMI 936 - ITAT Delhi Reopening of assessment - receipt of accommodation entries - AO reopened the assessment on the basis of information of other persons - Held that:- AO in the reasons recorded mentioned that it had come to his knowledge that the persons from whom amount was received were entry operator and provided the entries to the assessee after receiving the amount in cash, however, nothing was brought on record that how and in what manner the persons from whom the assessee received the ITA No. 712/Mum/2018 M/s Grace Development Associates. Mumbai.
Income Tax Appellate Tribunal - Mumbai Cites 45 - Cited by 0 - Full Document

Mangilal Datla,Banswara vs Income Tax Officer, Ward Banswara, ... on 25 June, 2025

Honorable ITAT, Agra Bench in M/s K.P. Cold Storage Vs ITO ITA No. 145/Agra/2018 had held that; In the present case AO on basis of information received from the ADIT(Inv.) that there were huge cash deposits in the bank accounts maintained by assessee during the period F.Y 2008-09, had issued notice under section 148 which culminated into assessment framed determining total income at Rs. 2,21,60,400/- as against Rs.12,45,390/- originally returned by assessee. Assessee contended that no notice under section 148 was served upon assessee and ex- parte assessment was completed without serving any notice under section 148 till the completion of assessment which rendered the assessment order to be held void-ab-initio. It was held a valid service of a valid notice under section 148, is not a mere procedural requirement, but is a condition precedent to the validity of any assessment, reassessment or re-computation to be made under section 147 and it is so because of the use of words "shall serve on the assessee" and also the requirement to the effect "before making the assessment, reassessment or re-computation under section 147" in the section itself- meaning thereby that if no notice under section 148 is issued or if the notice so issued is shown to be invalid, or the service of notice so issued, is shown to be invalid, AO could not proceed with the subsequent proceedings for making assessment, reassessment or re-computation under section 147. Unless, the notice was served on the proper person in the manner prescribed under section 282, the service was insufficient and AO did not have jurisdiction to re-assess the escaped income. Thus, the service of notice under section 148 was no service in the eye of law and all subsequent proceedings including the ex parte assessment framed on 21.12.2016 in assessee's case were illegal and void ab initio.
Income Tax Appellate Tribunal - Jodhpur Cites 57 - Cited by 0 - Full Document

Koshal Kishor Sharma,Jaipur vs Dcit(Intl. Tax), Jaipur, Jaipur on 15 September, 2025

Honorable ITAT, Agra Bench in M/s K.P. Cold Storage Vs ITO ITA No. 145/Agra/2018 had held that; In the present case AO on basis of information received from the ADIT(Inv.) that there were huge cash deposits in the bank accounts maintained by assessee during the period F.Y 2008-09, had issued notice under section 148 which culminated into assessment framed determining total income at Rs. 2,21,60,400/- as against Rs.12,45,390/- originally returned by assessee. Assessee contended that no notice under section 148 was served upon assessee and ex-parte assessment was completed without 16 ITA No. 861& 862/JPR/2025 Koshal Kishor Sharma, Jaipur.
Income Tax Appellate Tribunal - Jaipur Cites 45 - Cited by 0 - Full Document

Koshal Kishor Sharma,Jaipur vs Dcit(Intl. Tax.) Jaipur, Jaipur on 15 September, 2025

Honorable ITAT, Agra Bench in M/s K.P. Cold Storage Vs ITO ITA No. 145/Agra/2018 had held that; In the present case AO on basis of information received from the ADIT(Inv.) that there were huge cash deposits in the bank accounts maintained by assessee during the period F.Y 2008-09, had issued notice under section 148 which culminated into assessment framed determining total income at Rs. 2,21,60,400/- as against Rs.12,45,390/- originally returned by assessee. Assessee contended that no notice under section 148 was served upon assessee and ex-parte assessment was completed without 16 ITA No. 861& 862/JPR/2025 Koshal Kishor Sharma, Jaipur.
Income Tax Appellate Tribunal - Jaipur Cites 45 - Cited by 0 - Full Document

Dhoop Singh, Rohtak vs Ito Ward -01, Rohtak on 18 August, 2022

6|Page reference (refer : L. Hazari Mal Kuthiala vs. ITO (1961) 41 ITR 12 (SC), Laxmi Industries 8b Cold Storage Co. (P) Ltd. Vs. ITO (197) 79 ITR 248 (All). Also, it is settled principle of law that in a given case the transaction under reference may fall to be covered under more than one provision of the Act, and which by itself would be of no moment. I state so by way of abundant clarification, and for the sake of completeness of the discussion in the matter, even as the two provisions under reference, i.e. s. 68 or s. 69, are alternative, one' (s. 68) becoming applicable under the condition of existence of the books of account, and the other (s. 69) where not so."
Income Tax Appellate Tribunal - Delhi Cites 3 - Cited by 0 - Full Document
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