Action taken u/s 147 of the Income Tax Act, is there being no escapement of any income, conditions of section 147 were not fulfilled


Court :
INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘F’ NEW DELHI)

Brief :
The brief facts of the case are that the assessee is a company which filed return on 22.10.2003 and the return was processed u/s 143(1) of the Act on 12.1.2004. The case of the assessee was reopened u/s 147 and notice 148 of the Act was issued to the assessee on 10.3.2010. The assessee replied to notice that its return as already filed on 22.10.2003 may be treated as return filed in response to notice u/s 148 of the Act. The Assessing Officer noted that assessee had claimed a loss of `.3,13,950/- in respect of surrender of industrial plot allotted to it by Haryana Urban Development Authority (HUDA). The assessee was asked to explain as to why the loss due to surrender of plot may not be treated as capital loss. In reply to that, the assessee submitted that plot was being purchased for business purposes. Before it could be acquired, the same was surrendered and 5% of allotment amount as deducted by HUDA was necessarily a business expenditure as no capital asset had come into existence and capital; loss occurs only when the fixed asset is sold. The Assessing Officer did not accept the contention of assessee and made an addition of `.3,13,950/- on account of disallowance being loss suffered by assessee as of capital nature. The assessee filed an appeal before ld CIT(A) :- Imp Observations - 1. assessment of the assessee was completed u/s 143(1). The memo sent by audit party was a fresh material and Assessing Officer was within his rights to initiate proceedings u/s 147/148 especially keeping in view the ratio set by Hon'ble Supreme Court in the case of ACIT v. Rajesh Jhaveri Stock Broker Pvt. Ltd. 291 ITR 500 (SC). 2. As regards disallowance on account of capital loss, it is clear that intention of the appellant was to acquire plot which was a capital asset. Held - Appeal filed by the assessee is dismissed.

Citation :
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘F’ NEW DELHI) BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A. No.1809/Del/2011 Assessment year: 2003-4 M/s Payal International Ltd., F-29, South Extension, Part-II, New Delhi-110049. (Appellant) Vs ACIT, Circle-14 (1), New Delhi. (Respondent) Appellant by: Shri Prem Nath Monga, Advocate. Respondent by: Smt. Veena Joshi, Sr. DR.

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Community
  • Daily E-Newsletter
  • Unlimited Judgements Access
  • Profile Visitors
  • Link Social Profiles
  • Featured Job Posts
  • Pro Badge
  • Expert GST Guidance
  • Unlimited Forum Replies
  • Download Content in PDF
1 Year PLAN - Rs.1999
1799
(Excl. of GST ₹323)

2 Years PLAN - Rs.3499
3149
(Excl. of GST ₹566)

BEST VALUE
3 Years PLAN - Rs.4999
4499
(Excl. of GST ₹809)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

 



Judgement posted by

Business Head

I am a keen observer of people and nature. travelling helped me to build my skill of observation correlation. currently I am working as a business Marketing Head in a startup. Hunger of diversification and innovation motivates me. I aspire high and I am committed to my work to fetch those aspirations. I highly resp ... Read more

Comments




CCI Pro



Company
12 November 2026
Tax Product Specialist

BharatX.ai

Gurgaon

B.Com

View Details
Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
Featured 29 October 2026
Accounts Executive

Synergy Keystone

Chennai

B.Com

View Details
Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details
Company
ARTICLESHIP 29 October 2026
Article Assistant (CA Inter / CMA Inter) - Thrissur

Varma Raja & Associates

Thrissur

CA Inter

View Details
Company
10 November 2026
FP&A Executive

Gujarat Guardian

Ankleshwar

CA Final

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details