341 ITR 180 Delhi-HC (vi) CIT v. Late Shri Vijay Kumar Koganti

The Mullanpur Garibdas Co-Op Multipurpose Society, Mohali vs. DCIT, C-6(1), Mohali

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

…or investigation or cosmetic treatment was given by the ITOs. In the present case also, as observed, we find that it was not a case of no enquiry and the learned PCIT has gone wrong in holding it to be so. 19. In 'CIT versus Late Shri Vijay Kumar Koganti', 195 DTR 428 (Madras), it has been held that both the issues which were the basis of exercise of power under section 263 were, in fact, the issues which were considered by the AO in the limited scrutiny, culminating in the order of assessment and that the assessee had given proper explanation, which was taken note of by the AO while completing the assessment…

The Mullanpur Garibdas Co-Op Multipurpose Society, Mullanpur vs. Pr. CIT-II, Chandigarh

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

…or investigation or cosmetic treatment was given by the ITOs. In the present case also, as observed, we find that it was not a case of no enquiry and the learned PCIT has gone wrong in holding it to be so. 19. In 'CIT versus Late Shri Vijay Kumar Koganti', 195 DTR 428 (Madras), it has been held that both the issues which were the basis of exercise of power under section 263 were, in fact, the issues which were considered by the AO in the limited scrutiny, culminating in the order of assessment and that the assessee had given proper explanation, which was taken note of by the AO while completing the assessment…

The Mullanpur Garibdas Co-Op Multipurpose Society, Mohali vs. Pr. CIT-II, Chandigarh

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

…or investigation or cosmetic treatment was given by the ITOs. In the present case also, as observed, we find that it was not a case of no enquiry and the learned PCIT has gone wrong in holding it to be so. 19. In 'CIT versus Late Shri Vijay Kumar Koganti', 195 DTR 428 (Madras), it has been held that both the issues which were the basis of exercise of power under section 263 were, in fact, the issues which were considered by the AO in the limited scrutiny, culminating in the order of assessment and that the assessee had given proper explanation, which was taken note of by the AO while completing the assessment…

Smt. Kumari Shiwangi, Solan vs. Chief CIT (OSD), Shimla

The appeal of the assessee stands allowed

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकर अपील सं./Ita No.1380/Chd/2019 "नधा"रण वष" / Assessment Year :2014-15 Smt. Kumari Shiwangi, The Chief Cit((Osp), बनाम Mc Complex, Shimla Near Mohan Park, Solan Hp "थायीलेखासं./Pan No: Cvhps4283H अपीलाथ"/Appellant ""यथ"/Respondent

…Sharma reported in [2011] 335 ITR 83 (Del.) v). CIT Vs Hindustan Marketing & Advertising Co. Ltd. reported in [2012] 341 ITR 180 (Delhi). 8 1380-Chd-2019 (A.Y. 2014-15) – Kumari Shiwangi, Solan, HP vi). CIT v Late Shri Vijay Kumar Koganti reported in [2020] 195 DTR 428 (Mad). vii). DTE Exports Pvt. Ltd. v Pr.CIT. 4.0 Per contra, the Ld. Commissioner of Income Tax (Departmental Representative) justified the action of the Ld. PCIT in setting aside the issue and argued that as per notice u/s 263, the Ld. PCIT has observed that the area, where the ‘manufacturing unit’ is situated did not fall in the area notifie…

Ganga Acrowools Limited, Ludhiana vs. Pr, CIT-1, Ludhiana

The appeal of the assessee stands allowed

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकरअपीलसं./Ita No.196/Chd/2021 "नधा"रणवष" / Assessment Year : 2015-16

…(iii) Pramod Kasharichand Shah in ITA No. 43/SRT/2018 (iv) CIT vs. Anil Kumar Sharma reported in 335 ITR 83 Delhi-HC (v) CIT vs. Hindustan Marketing & Advertising Co. Ltd. reported in 341 ITR 180 Delhi-HC (vi) CIT Vs Late Shri Vijay Kumar Koganti reported in 195 DTR 428 Madras High Court. (vii) M/s DTE Exports Pvt. Ltd. Vs Pr. CIT (ITAT Visakhapatnam). 4.17 Reliance was placed on numerous other judicial precedents copies of which have been enclosed in the paper book and the same have been taken on record. 4.18 It was also argued by the Ld. AR that without prejudice to the above arguments on due enquiry and du…

Tarun Jain, Bathinda vs. Pr.CIT(Central), Ludhiana

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastava

…o 143-Chd-2021 Sh. Sanjay Jain and Others, Ludhiana 22 (iv) CIT vs. Anil Kumar Sharma reported in 335 ITR 83 Delhi-HC (v) CIT vs. Hindustan Marketing & Advertising Co. Ltd. reported in 341 ITR 180 Delhi-HC (vi) CIT Vs Late Shri Vijay Kumar Koganti reported in 195 DTR 428 Madras High Court. (vii) M/s DTE Exports Pvt. Ltd. Vs Pr. CIT (ITAT Visakhapatnam). 6.1 Reliance was placed on numerous other judicial precedents copies of which have been enclosed in the paper book and the same have been taken on record. 6.2 It was further contended by the Ld. AR that proceedings u/s 263 can be invoked only on the personal s…

M/S Royal Lifestyle Jewellers Pvt. Ltd.., Bathinda vs. Pr.CIT(Central), Ludhiana

The appeal of the assessee stands allowed

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकरअपीलसं./Ita No.143/Chd/2021 "नधा"रणवष" / Assessment Year : 2016-17 Royal Lifestyle Jewellers Pvt. Ltd., The Pcit, बनाम 18-A, 2Nd Floor, (Central) North Avenue Road, Ludhiana West Punjab Bagh, New Delhi

…(iii) Pramod Kasharichand Shah in ITA No. 43/SRT/2018 (iv) CIT vs. Anil Kumar Sharma reported in 335 ITR 83 Delhi-HC (v) CIT vs. Hindustan Marketing & Advertising Co. Ltd. reported in 341 ITR 180 Delhi-HC (vi) CIT Vs Late Shri Vijay Kumar Koganti reported in 195 DTR 428 Madras High Court. (vii) M/s DTE Exports Pvt. Ltd. Vs Pr. CIT (ITAT Visakhapatnam). 3.1.9 Reliance was placed on numerous other judicial precedents copies of which have been enclosed in the paper book and the same have been taken on record. 3.1.10 It was further contended by the Ld. AR that proceedings u/s 263 can be invoked only on the perso…

Rajni Jain, Bathinda vs. Pr.CIT(Central), Ludhiana

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastava

…o 143-Chd-2021 Sh. Sanjay Jain and Others, Ludhiana 22 (iv) CIT vs. Anil Kumar Sharma reported in 335 ITR 83 Delhi-HC (v) CIT vs. Hindustan Marketing & Advertising Co. Ltd. reported in 341 ITR 180 Delhi-HC (vi) CIT Vs Late Shri Vijay Kumar Koganti reported in 195 DTR 428 Madras High Court. (vii) M/s DTE Exports Pvt. Ltd. Vs Pr. CIT (ITAT Visakhapatnam). 6.1 Reliance was placed on numerous other judicial precedents copies of which have been enclosed in the paper book and the same have been taken on record. 6.2 It was further contended by the Ld. AR that proceedings u/s 263 can be invoked only on the personal s…

Shri Sanjay Jain, Bathinda vs. Pr.CIT(Central), Ludhiana

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastava

…o 143-Chd-2021 Sh. Sanjay Jain and Others, Ludhiana 22 (iv) CIT vs. Anil Kumar Sharma reported in 335 ITR 83 Delhi-HC (v) CIT vs. Hindustan Marketing & Advertising Co. Ltd. reported in 341 ITR 180 Delhi-HC (vi) CIT Vs Late Shri Vijay Kumar Koganti reported in 195 DTR 428 Madras High Court. (vii) M/s DTE Exports Pvt. Ltd. Vs Pr. CIT (ITAT Visakhapatnam). 6.1 Reliance was placed on numerous other judicial precedents copies of which have been enclosed in the paper book and the same have been taken on record. 6.2 It was further contended by the Ld. AR that proceedings u/s 263 can be invoked only on the personal s…

M/S Fortune Metaliks Limited, Ludhiana vs. Pr.CIT(Central), Ludhiana

In the result appeal of the assessee is allowed

…Vivad Se Vishwas Sche me' on an issue on which appeal was pending before the CIT(A). ITA 82 /CHD/2021 A.Y. 2016-17 Page 16 of 35 5.11 Reliance has also been placed upon decision of the Madras High Court in the case of CIT Vs Late Shri Vijay Kumar Koganti 195 DTR 428 (available at pages 100 to 104 of the Paper Book) again for the proposition that each of these issues had been looked into by the AO where proper explanations had been given. The order of the ITAT quashing the 263 proceedings challenged by the Revenue was held to be entirely factual wherein no substantial question of law could be shown. 5.12…