ACIT v. Hotel Blue Moon

INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY,GR. NOIDA vs. ADIT (E), TRUST CIRCLE, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI N. K. CHOUDHRY, JUDICIAL MEMBER ITO(Exemption), Vs. Innovative Welfare and Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi PAN: AAATI4207R (Appellant) (Respondent) ITA No.7598 & 7599/Del/2018 (Assessment Year: 2005-06 & 2006-07 Innovative Welfare and Vs. ADIT(E), Educational Society, Trust Circle, Regd. Office: B-19, Defence New Delhi Colony, New Delhi PAN: AAATI4207R (Appellant) (Respondent) Revenue by : Shri Hemant Gupta, Ld. Sr. DR Assessee by: Shri Rohit Kapoor,…

INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY,GR. NOIDA vs. ADIT (E), TRUST CIRCLE, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI N. K. CHOUDHRY, JUDICIAL MEMBER ITO(Exemption), Vs. Innovative Welfare and Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi PAN: AAATI4207R (Appellant) (Respondent) ITA No.7598 & 7599/Del/2018 (Assessment Year: 2006-06 & 2006-07 Innovative Welfare and Vs. ADIT(E), Educational Society, Trust Circle, Regd. Office: B-19, Defence New Delhi Colony, New Delhi PAN: AAATI4207R (Appellant) (Respondent) Revenue by : Shri Hemant Gupta, Ld. Sr. DR Assessee by: Shri Rohit Kapoor,…

ITO (EXEMPTIONS), NEW DELHI vs. M/S. INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI N. K. CHOUDHRY, JUDICIAL MEMBER ITO(Exemption), Vs. Innovative Welfare and Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi PAN: AAATI4207R (Appellant) (Respondent) ITA No.7598 & 7599/Del/2018 (Assessment Year: 2006-06 & 2006-07 Innovative Welfare and Vs. ADIT(E), Educational Society, Trust Circle, Regd. Office: B-19, Defence New Delhi Colony, New Delhi PAN: AAATI4207R (Appellant) (Respondent) Revenue by : Shri Hemant Gupta, Ld. Sr. DR Assessee by: Shri Rohit Kapoor,…

RAM NIWAS JAIN,NEW DELHI vs. ITO WARD- 38(2), NEW DELHI

In the result, both the Appeals filed by the Assessee stand

Bench: Shri H.S. Sidhu

…) 64 taxmann.com 313 (SC) arising out of order of Hon’ble High Court of Madhya Pradesh in CIT vs. S. Goyanka Lime & Chemicals Ltd. (2015) 56 taxmann.com 390 (MP) and the judgment of the Hon’ble Supreme Court of India in the case of ACIT vs. Hotel Blue Moon, 324 ITR 372 (2010) (SC). In view of above, he requested that both the legal grounds are covered in favour of the assessee by the aforesaid decisions, hence, the additional grounds may be decided in favour of the assessee. As regards penalty appeal is concerned, Ld. Counsel for the assessee submitted that the if the quantum appeal is decided in favour of the…

RAM NIWAS JAIN,NEW DELHI vs. ITO WARD- 38(2), NEW DELHI

In the result, both the Appeals filed by the Assessee stand

Bench: Shri H.S. Sidhu

…) 64 taxmann.com 313 (SC) arising out of order of Hon’ble High Court of Madhya Pradesh in CIT vs. S. Goyanka Lime & Chemicals Ltd. (2015) 56 taxmann.com 390 (MP) and the judgment of the Hon’ble Supreme Court of India in the case of ACIT vs. Hotel Blue Moon, 324 ITR 372 (2010) (SC). In view of above, he requested that both the legal grounds are covered in favour of the assessee by the aforesaid decisions, hence, the additional grounds may be decided in favour of the assessee. As regards penalty appeal is concerned, Ld. Counsel for the assessee submitted that the if the quantum appeal is decided in favour of the…

SHREE DURGA HOME APPLIANCES PVT. LTD.,NEW DELHI vs. ITO, WARD- 23(3), NEW DELHI

In the result, the appeal filed by the assessee stands allowed

Bench: Shri H.S. Sidhu(Through Video Conference) A.Y.: 2009-10

…AO has not applied his mind before issuing the notice u/s. 143(2) of the Act dated 1.8.2016 whereas the return of the assessee was filed on 11.8.2016. Keeping in view the judgment of the Hon’ble Supreme Court of India in the case of ACIT vs. Hotel Blue Moon, 324 ITR 372 (2010) (SC) wherein it has been held that in the absence of the notice u/s. 143(2) of the Act the assessment framed by the Assessing Officer is liable to be quashed. Hence, respectfully following the aforesaid judgment, we quash the assessment in dispute and subsequently order 6 passed by the Ld. CIT(A) is also cancelled and allow the appeal of t…

SHUBHANI ENGINEERING & CONSULTANTS PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

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

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumarshubhani Engineering & Vs. Ito, Ward 8(3), Consultants Pvt. Ltd. New Delhi Wb-12B, Gali No. 1, School Block Shakarpur, Delhi – 110 092

…T vs. Kishand Chand reported in 328 ITR 173. ii) ITAT, Delhi decision in the case of Ess Aar Exports vs. ITO reported in 94 ITD 484. iii) CIT vs. Chandra Agencies (Delhi) 202 Taxman 106. iv) CIT vs. Ramendra Nath Ghosh (SC). v) ACIT vs. Hotel Blue Moon (SC) 324 ITR 372 (2010). vi) ITAT, Delhi decision in Mico Steels (P) Ltd. Vs. ITO in ITA No. 1669/Del/2014 dated 30.8.2016. vii) ITAT, Amritsar Bench decision dated 21.5.2009 in the case of DCIT vs. KG Siknghania. 4. On the contrary, Ld. DR opposed the arguments advanced by the Ld. Counsel for the assessee and stated that AO has served the assessee according t…