CIT v. RRJ Securities Ltd.

Swami Foods Ltd., Faridabad vs. DCIT, Central Circle- II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

Arambh Tradecon Pvt. Ltd., Faridabad vs. DCIT, Central Circle-II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

Sundawn Builders P.Ltd, Faridabad vs. DCIT, Central Circle-II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

Aakash Infratrade P.Ltd, Faridabad vs. DCIT, Central Circle-II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

First Realtrade P.Ltd, Faridabad vs. DCIT, Central Circle-II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

Nakshatra Realtrade Pvt. Ltd., Faridabad vs. DCIT, Central Circle- II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

Naaz Builders P.Ltd, Faridabad vs. DCIT, Central Circle-II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

Bholeji Infratrade Pvt. Ltd., Faridabad vs. DCIT, Central Circle- II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

Kalakriti Infratrade Pvt. Ltd., Faridabad vs. DCIT, Central Circle- II, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

DCIT, Central Circle-II, Faridabad vs. First Realtrade P.Ltd, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

DCIT, Central Circle-II, Faridabad vs. Sundawn Builders P.Ltd, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

DCIT, Central Circle-II, Faridabad vs. Naaz Builders P.Ltd, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

DCIT, Central Circle-II, Faridabad vs. Arambh Tradecon P.Ltd, Faridabad

In the result, the appeals of the assessee are allowed and that of the revenue is dismissed

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2008-09 M/S. Bholeji Infratrade Pvt. Dcit Ltd. (Merged With M/S. Vs Central Circle-Ii Akriti Realtech Ltd. Shop Faridabad No.E-40, Nehru Ground, Faridabad Pan No.Aaccb9666L (Appellant) (Respondent) Assessment Year: 2008-09 M/S. M. K. Realtrade Pvt. Dcit Ltd. Rra Taxindia, D-28, Vs Central Circle-Ii South Extension, Part-1, Faridabad New Delhi Pan No.Aabcj8784C (Appellant) (Respondent) Assessment Year: 2008-09 Perfect Realtech P. Ltd. Dcit Rra Taxindia, D-28, South Vs Central Circle-Ii Extension, Part-1, Faridabad New Delhi Pan No.Aaecp0314K (Appellant) (Respondent)

…the case of the captioned assessees (being person other than the search person) would have to be construed from the date of the recording of the satisfaction. This view is as per the decision of the Hon’ble Delhi High Court in the case of M/s. RRJ Securities 380 ITR 612. The relevant findings reads as under : - “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdic…

ACIT, Central Circle-18, New Delhi vs. Gaurav Aggarwal, New Delhi

In the result, the appeals of the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri Kul Bharat

…ggarwal, a Satisfaction Note was drawn in the case of the assessee on 04.01.2013, which reads as under: 10 10. Since the Satisfaction Note was drawn on 04.01.2013, therefore, as per the decision of the Hon'ble Delhi High Court in the case of RRJ Securities 380 ITR 612 wherein the Hon'ble High Court held that in the case of the “other person” [person other than the searched person], date of search shall be the date of recording of satisfaction and in the case of the assessee, it is 04.01.2013. Therefore, the block of six years would be 2007-08 to 2012-13 and the impugned A.Ys in appeal before us fall in the bl…

ACIT, Central Circle-18, New Delhi vs. Gaurav Aggarwal, New Delhi

In the result, the appeals of the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri Kul Bharat

…ggarwal, a Satisfaction Note was drawn in the case of the assessee on 04.01.2013, which reads as under: 10 10. Since the Satisfaction Note was drawn on 04.01.2013, therefore, as per the decision of the Hon'ble Delhi High Court in the case of RRJ Securities 380 ITR 612 wherein the Hon'ble High Court held that in the case of the “other person” [person other than the searched person], date of search shall be the date of recording of satisfaction and in the case of the assessee, it is 04.01.2013. Therefore, the block of six years would be 2007-08 to 2012-13 and the impugned A.Ys in appeal before us fall in the bl…

ACIT, Central Circle- 18, New Delhi vs. Jagat Overseas, New Delhi

In the result, the cross objections of the assessee are allowed

Bench: Shri N.K. Billaiya & Shri Kul Bharat

…e date of search in the case of the assessee [being a person other than the searched person] would have to be construed as the date of recording the satisfaction. This view is as per the decision of the Hon'ble Delhi High Court in the case of RRJ Securities 380 ITR 612. The relevant findings read as under: “In terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdictio…

ACIT, Central Circle-2, Faridabad vs. Btl Holding Ltd.(Btl Investments & Securities Ltd.), New Delhi

In the result, appeal of the Revenue is dismissed

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.9115/Del/2019 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Btl Holding Ltd. Central Circle-2, Vs. (Btl Investments & Securities Ltd.) Faridabad, Haryana. Barakhamba Road, Connaught Place New Delhi. Pan No. Aaacn5131E अपीलाथ" Appellant ""यथ"/Respondent

…I.T.A. No. 9115/Del/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI M BALAGANESH, ACCOUNTANT MEMBER आ.अ.सं/.I.T.A No.9115/Del/2019 िनधा"रणवष"/Assessment Year:2007-08 बनाम ACIT, BTL Holding Ltd. Central Circle-2, Vs. (BTL Investments & Securities Ltd.) Faridabad, Haryana. Barakhamba Road, Connaught Place New Delhi. PAN No. AAACN5131E अपीलाथ" Appellant ""यथ"/Respondent Revenue by Shri Sunil Kumar Yadav, Sr. DR Assessee by Dr. Rakesh Gupta, Adv. सुनवाईक"तारीख/ Date of hearing: 22.08.2023 25.08.2023 उ"ोषणाक"तारीख/Pronouncement on आदेश…

DCIT Central Circle 14, New Delhi vs. Rajesh Sharma, New Delhi

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmadcit Vs. M/S. Rajesh Sharma, Central Circle 14 1165, Kucha Mahajani, New Delhi Chandni Chowk, Delhi-110006 (Appellant) (Respondent)

…be reckoned from the date when the books of accounts or seized documents were handed over to the Assessing Officer and when the satisfaction stood recorded. Ld. CIT(A) relied upon the decision of Hon'ble High Court in the case of CIT vs. RRJ Securities [2016] 380 ITR 612 (Del) and decision of Hon'ble Supreme Court in the case of PCIT, Central-1 vs. Raj Buildworth (P) Ltd. [2020]113 taxmann.com 601(SC). 5. Revenue has come in appeal raising following grounds; “i. Whether on the facts and circumstances of the case and in law, Ld. CIT(A) is correct in quashing the assessment order passed by the AO holding it to be…

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

…g the order u/s 143(3) of the Income Tax Act. The assessee has argued that the ground is pure legal ground and goes to the jurisdiction of making an assessment and should be decided as per the judgment of Hon’ble Delhi High Court in the case of RRJ Securities 380 ITR 612 and many other judgments on this legal proposition. 15. The Ld. DR, who represented the matter on behalf of the department, heavily relied upon the orders of Ld. AO as also the 13 orders of Ld. CIT(A) wherein the additions made, against which the assessee has come up before us, have been confirmed. The Ld. DR submitted that the reliance on the…

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

…g the order u/s 143(3) of the Income Tax Act. The assessee has argued that the ground is pure legal ground and goes to the jurisdiction of making an assessment and should be decided as per the judgment of Hon’ble Delhi High Court in the case of RRJ Securities 380 ITR 612 and many other judgments on this legal proposition. 15. The Ld. DR, who represented the matter on behalf of the department, heavily relied upon the orders of Ld. AO as also the 13 orders of Ld. CIT(A) wherein the additions made, against which the assessee has come up before us, have been confirmed. The Ld. DR submitted that the reliance on the…