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1 - 10 of 11 (0.91 seconds)Section 148 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax ???Ii Etc. ... vs Kamdhenu Steel & Alloys Ltd. on 23 December, 2011
The Hon'ble Delhi High Court in the case of CIT vs
Kamdhenu Steel & Alloys Ltd. reported in (2012) 248 CTR (Del) 33
held that where the Assessing Officer acted mechanically on the
information supplied by the Directorate of Income Tax
(Investigation) about the alleged bogus/accommodation entries
provided by certain individuals/companies, without application of
his own mind, he was not justified in invoking jurisdiction u/s
147 of the Act. It is pertinent to mention here that SLP filed by the
Revenue against the above decision of the Hon'ble Delhi High
Court was dismissed by Hon'ble Supreme Court vide order dated
17.09.2012.
Section 151 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax vs Nova Promoters & Finlease (P) Ltd on 15 February, 2012
5. It is pertinent to mention that in the case of CIT vs Nova
Promoters & Finlease (P) Ltd. (ITA No.342 of 2011) dated
15/02/2012, the Hon'ble Delhi High Court, which is the
jurisdictional High Court, Held that as long as there is a 'live
link' between the material which was placed before the
Assessing Officer at the time when reasons for reopening
were recorded, proceedings u/s 147 would be valid. The
Court also held:-
Pr. Commissioner Of Income Tax-4 vs G & G Pharma India Ltd on 8 October, 2015
12.1 It has been held in various decisions that when the
reopening of the assessment is based on incorrect or wrong
appreciation of facts, such reopening is not in accordance with
law. It has also been held in various decisions that when the
reopening is made on the basis of report of the Investigation Wing
and without independent application of mind by the Assessing
Officer to the return field by the assessee, such reopening of
assessment is also not in accordance with law and has to be
quashed. The Hon'ble Delhi High Court in the case of Pr. CIT vs G
And G Pharma India Ltd.(supra) has held that where the Assessing
Officer has not applied his mind independently to the information
received from the Director of the Investigation Wing and no prima
facie opinion formed, such reassessment proceedings is invalid.
Section 68 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Cit vs Smt. Vinita Jain on 23 May, 2007
), in the
case of CIT vs Sh. Atul Jain and Vinit Jain reported in 292 ITR
383(Del.)
Pr. Commissioner Of Income Tax vs M/S Rmg Polyvinyl (I) Ltd on 2 July, 2018
and in the case of Pr. CIT vs Rmg Polyvinyl (I) Ltd.
reported in 396 ITR 5 (Del.).