222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.

384 ITR 147High Court2016#289 most cited

What is 222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd. authority for?

An assessment can be reopened if there is tangible material indicating escapement of income, demonstrating a live link between the material and the reasons recorded for reopening. The Assessing Officer must apply their mind to the material facts, and the sanction under section 151 should not be based on borrowed satisfaction.

274

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd. · section 147 · section 148 · section 151 · section 143(3) · reason to believe · tangible material · live link · borrowed satisfaction · non-application of mind · escapement of income

Sections most often in play

Section 147Section 148Section 143(3)Section 151Section 68Section 133(6)Section 142(1)Section 143(1)

Issues it is cited on

sanction under section 151section 151(1)live linkborrowed satisfactionmaterial facts necessary for assessmentsection 148(2)non application of mindtangible materialkelvinatorreason to believenon-application of mindescapement of income

Judgments citing 222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.

M/S. Supersonic Technologies Pvt. Ltd., Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

ITA 2269/DEL/2017[2007-08]Status: DisposedITAT Delhi10 Dec 2018AY 2007-08

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri S.S.Rana, CIT-D.R
Section 147Section 148Section 263

…upport of his contention, he has relied upon decision of Hon’ble Delhi High Court in the case of Pr. CIT vs. RMG Polyvinyl (2017) 396 ITR 5 (Del.), Pr. CIT vs. Meenakshi Overseas Pvt. Ltd., (2017) 99-CCH-28-Del.-HC, Pr. CIT vs. G & G Pharma India Ltd., (2016) 384 ITR 147 (Del.). He 52 ITA.Nos.2269, 2857, 2527 & 3301/Del./2017 M/s. Supersonic Technologies Pvt. Ltd., Delhi, M/s. SPJ Hotels Private Limited, New Delhi, M/s. Shiv Sai Infrastructure (P) Ltd., New Delhi & M/s. Superior Buildwell Private Limited, Delhi. has submitted that there is no approval for reopening of the assessment by the Competent Authority. H…

Assistant Commissioner of Income Tax, Circle-2, Jaipur vs. M/S. Angel Infrastructure Private Limited, Jaipur

In the result, appeal of the assessee is partly allowed and the

ITA 761/JPR/2018[2009-10]Status: DisposedITAT Jaipur05 Dec 2018AY 2009-10
For Appellant: Shri Gautam Jain &For Respondent: Shri Varinder Mehta
Section 147Section 151

…e claim of short term capital loss is bogus or the transactions are not genuine. The ld. counsel for the assessee has relied upon the following decisions: ITA 464 & 761/JP/2018_ 9 M/s Angel Infrastructure P Ltd. Vs DCIT (i) Pr.CIT Vs. G&G Pharma India Ltd. 384 ITR 147 (Del). (ii) Pr.CIT Vs. RMG Polyvinyl (I) Ltd. 396 ITR 5 (Del) (iii) Pr.CIT Vs. Meenakshi Overseas (P) Ltd. 395 ITR 677 (Del) (iv) Rajiv Agarwal Vs ACIT 395 ITR 255. (v) Sree Meenakshi Mills Ltd. Vs Commissioner of Income-tax. 7. On the other hand, the ld CIT-DR has submitted that the enquiry conducted by the DDIT(Inv), Faridabad reveals the fact…

M/S Angel Infrastructure (P) Ltd., Jaipur vs. Deputy Commissioner of Income Tax, Jaipur

In the result, appeal of the assessee is partly allowed and the

ITA 464/JPR/2018[2009-10]Status: DisposedITAT Jaipur05 Dec 2018AY 2009-10
For Appellant: Shri Gautam Jain &For Respondent: Shri Varinder Mehta
Section 147Section 151

…e claim of short term capital loss is bogus or the transactions are not genuine. The ld. counsel for the assessee has relied upon the following decisions: ITA 464 & 761/JP/2018_ 9 M/s Angel Infrastructure P Ltd. Vs DCIT (i) Pr.CIT Vs. G&G Pharma India Ltd. 384 ITR 147 (Del). (ii) Pr.CIT Vs. RMG Polyvinyl (I) Ltd. 396 ITR 5 (Del) (iii) Pr.CIT Vs. Meenakshi Overseas (P) Ltd. 395 ITR 677 (Del) (iv) Rajiv Agarwal Vs ACIT 395 ITR 255. (v) Sree Meenakshi Mills Ltd. Vs Commissioner of Income-tax. 7. On the other hand, the ld CIT-DR has submitted that the enquiry conducted by the DDIT(Inv), Faridabad reveals the fact…

Radiance Stock Traders Pvt. Ltd., Delhi vs. ITO, Ward- 20(4), New Delhi

In the result, the Appeal filed by the Assessee stands allowed

ITA 4542/DEL/2018[2010-11]Status: DisposedITAT Delhi29 Nov 2018AY 2010-11

Bench: Shri H.S. Sidhuassessment Year : 2010-11

For Appellant: Sh. Gautam Jain, Adv. & Sh. LalitFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 147Section 234BSection 68

…watmull 11. 82 ITR 147 (SC) Sheo Nath Singh vs. AAC. 12. 258 ITR 317 (Del.) United Electrical Co. (P) Ltd. vs. CIT 13. 253 ITR 83 Bawa Abhai Singh. 14. 159 ITR 956 (SC( CIT vs. Indian Oil Corporation. 15. 103 ITR 437 (SC) ITO vs. Lakhamani Mewal Das. 16. 384 ITR 147 (Del.) Pr. CIT vs. G&G Pharma India Ltd. 17. ITA No. 4908/Del/2012 dated 31.3.2015 Jiten Gurnani vs. ITO 18. ITA No. 1372/D/2015 dated 28.10.2015 Unique Metal Industries vs. ITO 19. ITA No. 512/D/2015 dated 2.12.2015 Punjab Metal Store vs. ITO 20. ITA No. 5128/D/2015 dated 22.4.2016 Banke Bihari Properties (P) Ltd. v. ITO ITA No. 6558/D/2014…

Sushil Bansal, New Delhi vs. ACIT, Circle- 57(1), New Delhi

In the result, the appeal is dismissed

ITA 4441/DEL/2017[2013-14]Status: DisposedITAT Delhi23 Oct 2018AY 2013-14

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2013-14

Section 132Section 147Section 148Section 151Section 69C

…ut and the persons with whom the transactions had taken place. Such is not the case here. Consequently these decisions are of no help to the appellant. The assessee has placed a great deal of reliance on the decision of the Pr. CIT-4 vs G&G Pharma India Ltd., 384 ITR 147. The facts of that case are again completely different. The assessment in that case was made u/s 143(3) of the Act and procedure and formality for reopening and assessee already completed u/s 143(3) are much different as compared to the present case which has been only process u/s 143(1). The Hon’ble Court in this case had mainly relied on the ju…

Urvish B. Mehta, Mumbai vs. ITO 25 (3)(4), Mumbai

In the result, appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 2259/MUM/2016[2009-10]Status: DisposedITAT Mumbai10 Oct 2018AY 2009-10

Bench: Shri Mahavir Singh, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Sashi TulsiyanFor Respondent: Shri D.G. Pansari
Section 143Section 143(3)Section 147Section 148Section 69C

…further stated that it is the trite law that the reason to believe should be that of the Assessing Officer and not of any other authorities. In defense of his argument the Ld.AR relied on the series of decisions namely: - a. PCIT v. G & G Pharma India Ltd., [384 ITR 147 (Del)] b. JCIT v. George Willamson (Assam) Ltd., [258 ITR 0126 (Gau)] c. Banke Bihari Properties Pvt. Ltd. v. ITO [(2016) 46 CCH 0546 Del Trib dated 22.04.2016] d. DCIT v. Shri Bharat Chandra Seth in ITA.No. 622/LKW/2014 (14) Ld.AR prayed for the Bench that since the Assessing Officer has not applied his mind, the reopening as made by the Assessi…

ITO 33(3)(3), Mumbai vs. Urvish B. Mehta, Mumbai

In the result, appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1352/MUM/2016[2009-10]Status: DisposedITAT Mumbai10 Oct 2018AY 2009-10

Bench: Shri Mahavir Singh, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Sashi TulsiyanFor Respondent: Shri D.G. Pansari
Section 143Section 143(3)Section 147Section 148Section 69C

…further stated that it is the trite law that the reason to believe should be that of the Assessing Officer and not of any other authorities. In defense of his argument the Ld.AR relied on the series of decisions namely: - a. PCIT v. G & G Pharma India Ltd., [384 ITR 147 (Del)] b. JCIT v. George Willamson (Assam) Ltd., [258 ITR 0126 (Gau)] c. Banke Bihari Properties Pvt. Ltd. v. ITO [(2016) 46 CCH 0546 Del Trib dated 22.04.2016] d. DCIT v. Shri Bharat Chandra Seth in ITA.No. 622/LKW/2014 (14) Ld.AR prayed for the Bench that since the Assessing Officer has not applied his mind, the reopening as made by the Assessi…

Manoj Grover, New Delhi vs. ACIT, Circle- 68(1), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical

ITA 6117/DEL/2017[2012-13]Status: DisposedITAT Delhi28 Sept 2018AY 2012-13

Bench: Shri R. K. Pandaassessment Year : 2012-13 Manoj Grover, Acit, Circle- 68(1), 7/130, Ramesh Nagar, New Delhi. Vs. New Delhi.

For Appellant: Shri K. P. Ganguli, AdvFor Respondent: Shri S. L. Anuragi, Sr. DR
Section 10(14)Section 143Section 147Section 246ASection 250(6)

…lied his mind independently and the Assessing 4 Officer reopened the assessment on the borrowed satisfaction. Relying on various decisions including the decisions of the Hon’ble Delhi High Court in the case of Pr.CIT vs. G and G Pharma India Ltd. reported in 384 ITR 147 and ITO vs. Moksha Securities P. Ltd. reported in 50 ITR 130, he submitted that the reassessment proceedings are bad in law. So far as merit of the case is concerned, the ld. counsel for the assessee submitted that the lower authorities have not considered the complete details of expenses along with documentary evidences such as bills/vouchers…

Rajiv Jain, New Delhi vs. ITO, Ward- 63(2), New Delhi

In the result, both appeals filed by the appellant’s are allowed

ITA 7061/DEL/2017[2007-08]Status: DisposedITAT Delhi27 Sept 2018AY 2007-08

Bench: Shri N. K. Billaiya

For Appellant: Sh. Naveen Kumar Goyal, CAFor Respondent: Sh. Surender Pal, Sr. DR
Section 147Section 148Section 153A

…mstances and facts of the case, reopening of the assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: .”In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused variou…

M/S. Anjli Metal Overseas Prop. Neeraj Rathore, Delhi vs. ITO, Ward- 63(3), New Delhi

In the result, both appeals filed by the appellant’s are allowed

ITA 7059/DEL/2017[2007-08]Status: DisposedITAT Delhi27 Sept 2018AY 2007-08

Bench: Shri N. K. Billaiya

For Appellant: Sh. Naveen Kumar Goyal, CAFor Respondent: Sh. Surender Pal, Sr. DR
Section 147Section 148Section 153A

…mstances and facts of the case, reopening of the assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: .”In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused variou…

Ajay Sharma, Delhi vs. ITO, Ward- 35(3), New Delhi

The appeal of the assessee is allowed

ITA 2723/DEL/2018[2010-11]Status: DisposedITAT Delhi26 Sept 2018AY 2010-11

Bench: Shri N. K. Saini & Ms Suchitra Kamblejyoti Engineering Works Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, Rohini New Delhi Delhi Aadfj9259M (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Ajay Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, New Delhi Rohini, Delhi Abbps7289K (Appellant) (Respondent)

Section 148

…opening of the 19 ITA No. 2719/Del/2018 & Ors. assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: “In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused various…

Ajay Sharma, Delhi vs. ITO, Ward- 35(3), New Delhi

The appeal of the assessee is allowed

ITA 2722/DEL/2018[2009-10]Status: DisposedITAT Delhi26 Sept 2018AY 2009-10

Bench: Shri N. K. Saini & Ms Suchitra Kamblejyoti Engineering Works Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, Rohini New Delhi Delhi Aadfj9259M (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Ajay Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, New Delhi Rohini, Delhi Abbps7289K (Appellant) (Respondent)

Section 148

…opening of the 19 ITA No. 2719/Del/2018 & Ors. assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: “In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused various…

Sadhna Sharma, Delhi vs. ITO, Ward-35(3), New Delhi

The appeal of the assessee is allowed

ITA 2721/DEL/2018[2010-11]Status: DisposedITAT Delhi26 Sept 2018AY 2010-11

Bench: Shri N. K. Saini & Ms Suchitra Kamblejyoti Engineering Works Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, Rohini New Delhi Delhi Aadfj9259M (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Ajay Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, New Delhi Rohini, Delhi Abbps7289K (Appellant) (Respondent)

Section 148

…opening of the 19 ITA No. 2719/Del/2018 & Ors. assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: “In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused various…

Sadhna Sharma, Delhi vs. ITO, Ward-35(3), New Delhi

The appeal of the assessee is allowed

ITA 2720/DEL/2018[2009-10]Status: DisposedITAT Delhi26 Sept 2018AY 2009-10

Bench: Shri N. K. Saini & Ms Suchitra Kamblejyoti Engineering Works Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, Rohini New Delhi Delhi Aadfj9259M (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Ajay Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, New Delhi Rohini, Delhi Abbps7289K (Appellant) (Respondent)

Section 148

…opening of the 19 ITA No. 2719/Del/2018 & Ors. assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: “In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused various…

Jyoti Engineering Works, Delhi vs. ITO, Ward-35(3), New Delhi

The appeal of the assessee is allowed

ITA 2719/DEL/2018[2007-08]Status: DisposedITAT Delhi26 Sept 2018AY 2007-08

Bench: Shri N. K. Saini & Ms Suchitra Kamblejyoti Engineering Works Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, Rohini New Delhi Delhi Aadfj9259M (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Sadhna Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sectdor-7, New Delhi Rohini, Delhi Aawps0941G (Appellant) (Respondent) Ajay Sharma Vs Ito C/O. Kapil Goel, Advocate, F-26/124, Ward-35(3) Sector-7, New Delhi Rohini, Delhi Abbps7289K (Appellant) (Respondent)

Section 148

…opening of the 19 ITA No. 2719/Del/2018 & Ors. assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: “In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused various…

Rajender Parsad, New Delhi vs. ITO, Ward- 63(3), New Delhi

In the result, the appeal filed by the assessee in ITA No

ITA 7060/DEL/2017[2007-08]Status: DisposedITAT Delhi07 Sept 2018AY 2007-08

Bench: Shri N.K. Billaiya[Assessment Year: 2007-08] Rajender Parsad Vs. The I.T.O Prop. M/S. Priya Enterprises Ward 63(3) 5897/2, Basti Harphool Singh, New Delhi Sadar Bazar, Delhi -110006 Pan : Anlpp 8555 H [Appellant] [Respondent]

For Appellant: Shri Naveen Kumar Goyal, CAFor Respondent: Shri Anil Kumar Sharma, Sr. DR
Section 143(1)Section 147Section 148Section 153A

…mstances and facts of the case, reopening of the assessment u/s 147 of the Act is bad in law and is accordingly directed to be quashed. 9. Our view is fortified by the decision in the case of G & G Pharma India Ltd 545/DEL/2015 wherein reliance was placed on 384 ITR 147 and the same read as under: .”In the present case, after setting out four entries, stated to have been received by the Assessee on a single date i.e. 10th February 2003, from four entities which were termed as accommodation entries, which information was given to him by the Directorate of Investigation, the AO stated: "I have also perused variou…

Jagat Singh, Ghaziabad vs. ITO, Ward- 1(3), Ghaziabad

In the result, appeal of Assessee is allowed

ITA 2749/DEL/2018[2008-09]Status: DisposedITAT Delhi04 Sept 2018AY 2008-09

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri M.P. Rastogi, AdvocateFor Respondent: Shri Vijay Kumar Jiwani, Sr. D.R
Section 147Section 148Section 50C

…believe that income chargeable to tax has escaped assessment. Therefore, on this reason alone, the reopening of the assessment is illegal and bad in law. We rely upon the decision of Hon’ble Delhi High Court in the case of Pr. CIT vs. GANDG Pharma India Ltd., 384 ITR 147 and Pr. CIT vs. Meenakshi Overseas Pvt. Ltd., 395 ITR 677. The A.O. had based his belief on the fact that assessee had not filed any 11 ITA.No.2749/Del./2018 Shri Jagat Singh, Ghaziabad. return, due to which, there were escapement of income on account of sale of immovable property. The assessee, however, filed original return within time and prod…

Pioneer Town Planners Pvt. Ltd., New Delhi vs. DCIT, Circle- 19(2), New Delhi

In the result, appeal of the assessee is allowed on legal grounds

ITA 132/DEL/2018[2009-10]Status: DisposedITAT Delhi06 Aug 2018AY 2009-10

Bench: Shri C.M.Garg & Shri N.K.Billaiyaआयकर अपील सं. / Ita No.132/Del/2018 धनिाारण वर्ा / Assessment Year: 2009-10 Pioneer Town Planners Pvt. Ltd., Vs. Dy. Commissioner Of Income E-104, Greater Kailash Enclave, Tax, Part-I, Circle-19(2), New Delhi. New Delhi. [Pan: Aaecp 6502F] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri Suresh K. Gupta, C.A, प्रत्यर्थी की ओर से /Revenue By : Smt. Parmita Tripathy, Cit(Dr) सुनवाई की तारीख/Date Of Hearing : 09-05-2018 घोषणा की तारीख /Date Of Pronouncement : 06-08-2018

For Appellant: Shri Suresh K. Gupta, C.AFor Respondent: Smt. Parmita Tripathy, CIT(DR)
Section 143(2)Section 143(3)Section 147Section 151Section 250Section 250(6)Section 68

…आयकर अपीलीय अधिकरण नई धिल्ली ‘एफ’ न्यायपीठ, नई धिल्ली IN THE INCOME TAX APPELLATE TRIBUNAL, NEW DELHI ‘F’ BENCH, NEW DELHI श्री सी एम गगग, न्याधयक सिस्य एवं श्री एन. के. धिलइया, लेखा सिस्य के समक्ष BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.132/Del/2018 धनिाारण वर्ा / Assessment Year: 2009-10 Pioneer Town Planners Pvt. Ltd., Vs. Dy. Commissioner of Income E-104, Greater Kailash Enclave, Tax, Part-I, Circle-19(2), New Delhi. New Delhi. [PAN: AAECP 6502F] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee by : Shri Suresh K. Gupta,…

Swati Verma, New Delhi vs. ITO, Ward- 3(4), Noida

In the result, appeal of assessee is allowed

ITA 42/DEL/2018[2009-10]Status: DisposedITAT Delhi01 Aug 2018AY 2009-10

Bench: Shri Bhavnesh Saini

For Appellant: Shri Sunil Kumar, C.AFor Respondent: Shri S.L. Anuragi, Sr. D.R
Section 133(6)Section 139(1)Section 143(1)Section 147Section 148Section 69

…been held as bad and not in accordance with the law, therefore, I deem it not necessary to deal with the other grounds of appeal as they have become infructuous." 7.2. The Hon’ble Delhi High Court in the case of Pr. CIT vs. G & G Pharma India Ltd., (2016) 384 ITR 147 (Del.) has held as under : The basic requirement of law for reopening an assessment is application of mind by the Assessing Officer, to the materials produced prior to reopening the assessment, to 12 ITA.No.42/Del./2018 Smt. Swati Verma, New Delhi. conclude that he has reason to believe that income has escaped assessment. Unless that basic jur…

DCIT, New Delhi vs. M/S. Zeco Aircon Ltd., New Delhi

In the result, the Cross Objection filed by the assessee is allowed and the

ITA 5231/DEL/2014[2005-06]Status: DisposedITAT Delhi31 Jul 2018AY 2005-06

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2005-06 Dcit, Circle- 18(1), Zeco Aircon Ltd., 2Nd Floor, Dda, New Delhi. Shopping Complex, Vs. Near Sindhi School, New Rajender Nagar, New Delhi.

For Respondent: Shri Arun Kumar Yadav, Sr.DR
Section 133ASection 143(3)Section 148Section 68

…the reopening of the assessment and material on record. Referring to various decisions including the decisions of the Hon’ble Delhi High Court in the case of Pr.CIT vs. Meenakshi Overseas (P) Ltd. reported in 395 ITR 677, Pr.CIT vs. G&G Pharma reported in 384 ITR 147, Pr.CIT vs. Sabh Infrastructure reported in 398 ITR 19 and Pr.CIT vs. RMG Polyvinyl (I) Ltd. reported in 396 ITR 5, he submitted that the Hon’ble Delhi High Court in the above decisions has categorically held that reopening of the assessment on the basis of report of the Investigation Wing without independent application of mind by the Assessin…