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1 - 10 of 29 (0.44 seconds)Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 54F in The Income Tax Act, 1961 [Entire Act]
Section 54B in The Income Tax Act, 1961 [Entire Act]
Section 32 in The Income Tax Act, 1961 [Entire Act]
Section 127 in The Income Tax Act, 1961 [Entire Act]
Kp Sanghvi Infrastructure P.Ltd( ... vs Ito Wd 5(2)2, Mumbai on 15 December, 2016
11. KLE Infrastructures & Projects (P) Ltd. vs. ITO, 154 ITD 280 (Delhi-Trib)
M/S. Tata Sons Ltd, Mumbai vs The Acit Cir2(3), Mumbai on 27 November, 2017
12. Tata Sons Ltd. vs. ACIT, (2017) 162 ITD 450 (Mumbai-Trib)
Commissioner Of Income Tax-Xii vs Shri Kamal Wahal on 11 January, 2013
13. CIT vs. Kamal Wahal, 351 ITR 4 (Delhi)
S.N. Bhargava vs Income-Tax Officer on 12 November, 1986
7. Considering the above discussion, it is clear that the ITO, Agra was not having
jurisdiction over the assessee, therefore, should not have recorded the reasons for
reopening of assessment and further, he was having no reasons to believe that income
chargeable to tax has escaped assessment because the order of ADM, Agra has not
reached finality on admission of writ petition by the Hon'ble High Court. The
Assessing Officer at Aligarh did not do anything in the matter and merely followed the
reasons recorded by the ITO at Agra and continued with the re-assessment
proceedings against the assessee on borrowed satisfaction of ITO, Agra, who has also
borrowed satisfaction from the office of DCIT-2, Agra. The reasons which are not in
accordance with law have been recorded at Agra by the ITO, who was not authorized
to do so, as was having no jurisdiction over the assessee and the Assessing Officer
having jurisdiction over the assessee at Aligarh did not do anything with regard to the
initiation of re-assessment proceedings and has not recorded any reasons for re-
assessment proceedings and merely acted on the borrowed satisfaction. The issue is,
therefore, squarely covered by the order of ITAT, Agra Bench in the case of Late Shri
S.N. Bhargava (supra). In view of the above discussion, we are of the view that the
initiation of re-assessment proceedings u/s. 147 of the IT Act is clearly bad in law and
ITA No. 5529/Del/2013 13
against the provisions of law. The AO at Aligarh has, therefore, no validly assumed the
jurisdiction to pass re-assessment order because he has merely followed the reasons
recorded by the ITO, Agra, who was having no jurisdiction over the assessee. We
accordingly set aside the orders of the authorities below and quash the re-assessment
proceedings u/s. 147 of the IT Act. In the result, all additions would stand deleted.
There is no need to decide the addition on merit, which is wholly academic in nature."