CIT v. RRJ Securities Ltd.

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…

Pr. Commissioner of Income Tax (Central)-2 vs. Nagar Dairy Pvt. Ltd

Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE GIRISH KATHPALIA

…dered by this court on 01.06.2023 in ITA No. 321/2023, 324/2023 and 325/2023. 8.1 To be noted, in the said order, we had recorded that the issue raised was covered by a judgment of a coordinate bench of this court rendered in CIT vs. RRJ Securities Ltd. 380 ITR 612. 9. Therefore, having regard to the aforesaid, no substantial question of law arises for our consideration. 10. The appeal is, accordingly, closed. 11. The Registry will dispatch the copy of the order passed today to the respondent/assessee via all modes including email. 12. Parties will act based on the digitally signed copy of the o…

Pr. Commissioner of Income Tax (Central)-2 vs. Nagar Dairy Pvt. Ltd

…dered by this court on 01.06.2023 in ITA No. 321/2023, 324/2023 and 325/2023. 8.1 To be noted, in the said order, we had recorded that the issue raised was covered by a judgment of a coordinate bench of this court rendered in CIT vs. RRJ Securities Ltd. 380 ITR 612. 9. Therefore, having regard to the aforesaid, no substantial question of law arises for our consideration. 10. The appeal is, accordingly, closed. 11. The Registry will dispatch the copy of the order passed today to the respondent/assessee via all modes including email. 12. Parties will act based on the digitally signed copy of the o…

ACIT, Central Circle-2, New Delhi vs. Opal Buildwell P.Ltd, Delhi

Accordingly notice was issued on 18.10.2016. Thus, there is no substance in the grounds raised and the same are decided against the Revenue. The appeal of Revenue is dismissed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaacit, Vs. M/S. Opal Buildwell P. Ltd. Central Circle-2 (Formerly Namo Resorts Pvt. New Delhi Ltd.) 445, Kucha Baijnath, Chandni Chowk, Delhi Pan : Aabcn9757H (Appellant) (Respondent)

…ssessing officer having jurisdiction over the case of ‘other person’ (the appellant) has been recorded on 14.10.2016. Relying upon the ratio laid down by the Hon’ble Delhi High Court while delivering the judgement in case of CIT Vs. RRJ Securities Ltd. (2016) 380 ITR 612 (Del - HC), the AR argued that the block for making assessment under section 153C would be from AY 2011-12 to 2016-17. The AR further argued that the action of the AO in terms of initiating proceedings under section 153C of the IT Act, 1961 for assessment years 2009-10 and 2010-11 was not in accordance with the law. 4.3 Hon’ble Delhi High Court…

ACIT, CC-14, New Delhi vs. Pramaditya, Rajasthan

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is allowed

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2017-18 Acit, Vs Pramaditya, Cc-14, 67, Mahaveer Nagar, 2Nd Maharani Farm, New Delhi. Durgapur, Jaipur, Rajasthan – 302018. Pan: Ajppp2281E Co No.29/Del/2022 Assessment Year: 2017-18 Pramaditya, Vs. Acit, 67, Mahaveer Nagar, Cc-14, 2Nd Maharani Farm, New Delhi. Durgapur, Jaipur, Rajasthan – 302018. Pan: Ajppp2281E

…respect of searches conducted u/s 132 of the Act or requisitions made u/s 132A of the Act on or after 01.04.2017. 3.2. We find that this issue is settled by the decision of Hon’ble Jurisdictional High Court in the case of CIT vs RRJ Securities Ltd reported in 380 ITR 612 (Del). The relevant operative portion of the said judgement is reproduced hereinbelow:- 24. As discussed hereinbefore, 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 Assess…

ACIT, New Delhi vs. M/S Lipi Finstock Ltd., New Delhi

In the result, the Appeal filed by the Revenue is dismissed

Bench: Shri Anil Chaturvedi & Shri Yogesh Kumar U.S.

…ing share capital for A.Y. 2009-10. The additions made by A.O., though based on vigorous activity in evidence collection, falls outside the scope u/s 153C as held by the Hon’ble Jurisdictional Delhi High Court in the case of CIT vs. RRJ Securities Ltd. (2015) 62 Taxmann.com 391 (Del), reproduced below, and which I am bound to follow: “21. As discussed hereinbefore, once the AO of the searched person is satisfied that the seized assets/documents belong to another person and the said assets/documents have been transferred to the AO of such other person, the proceedings for assessment/reassessment of income of the o…

Pr. Commissioner of Income Tax (Central)-2 vs. Nagar Dairy Pvt. Ltd

…Kumar, learned senior standing counsel, who appears on behalf of the appellant/revenue, does not dispute that the issues raised in the present appeals are covered by the judgment rendered by the coordinate bench of this court in CIT v. RRJ Securities Ltd., 380 ITR 612. 9.1 Mr Kumar informs us that although a Special Leave Petition (SLP) was preferred against the judgment, the same was dismissed on account of low tax effect. 10. Therefore, insofar as this court is concerned, no substantial question of law arises for our consideration. 11. The appeals are accordingly closed. ITA 321/2023 & con…

Pr. Commissioner of Income Tax (Central)-2 vs. Nagar Dairy Pvt. Ltd

…Kumar, learned senior standing counsel, who appears on behalf of the appellant/revenue, does not dispute that the issues raised in the present appeals are covered by the judgment rendered by the coordinate bench of this court in CIT v. RRJ Securities Ltd., 380 ITR 612. 9.1 Mr Kumar informs us that although a Special Leave Petition (SLP) was preferred against the judgment, the same was dismissed on account of low tax effect. 10. Therefore, insofar as this court is concerned, no substantial question of law arises for our consideration. 11. The appeals are accordingly closed. ITA 321/2023 & con…

DCIT Circle-05, New Delhi vs. Karina Airlines International Limited, New Delhi

In the result, the appeal is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2011-12

…from the date of recording of satisfaction note or from the date of search carried out in a case of a person provided in Section 153A. This precise issue has been dealt by the Hon’ble Delhi High Court in the case of CIT vs. RRJ Securities Ltd. as reported in 380 ITR 612 in the context of Section 153C of the Act, wherein it was laid down as under: “Further, the period of six years would also have to be reckoned with respect to the date of recording of satisfaction note - that is. 8th September. 2010 -and not the date of search. 24. As discussed hereinbefore, in terms of proviso to Section 153C of the Act, a ref…

ACIT, New Delhi vs. Sh. Dheeraj Kumar Jain, Delhi

In the result, appeal filed by the revenue for AY 2008-09 is dismissed and Cross Objections filed by the assessee for Assessment Years 2008-09

Bench: Shri C. M. Garg & Shri M. Balaganeshacit, Vs. Dheeraj Kumar Jain, Central Circle-3, C-215, Vivek Vihar, New Delhi Delhi (Appellant) (Respondent) Pan: Aadpj4043R C.O. No. 17 & 18/Del/2012 (In Ita No. 5528 & 5529/Del/2011) (Assessment Year: 2008-09 & 2009-10) Dheeraj Kumar Jain, Vs. Acit, C-215, Vivek Vihar, Central Circle-3, Delhi New Delhi (Appellant) (Respondent) Pan: Aadpj4043R Assessee By : Dr. Rakesh Gupta, Adv Revenue By: Sh. T. James Singson, Cit Dr Date Of Hearing 18/04/2023 Date Of Pronouncement 24/04/2023

…sed the appeal of the assessee. 6. The Ld. AR submitted that Section 153C notice dated 8/11/2010 is out of Block Period of Assessment Year 2005-06 to 2010-11 in view of the decision of the Hon'ble Delhi High Court in case of CIT(A) vs. R. R. J Securities Ltd. 380 ITR 612. The Ld. AR further submitted that there was no incriminating material found during the search and hence the assessee's case is covered by the decision of the Hon'ble Supreme Court in case of CIT Vs. Singhad Technical Education Society 397 ITR 344 (S.C) as well as CIT Vs. Kabul Chawla 380 ITR 573. 7. The Ld. DR relied upon the assessment order an…

Bina Fashions N Food Pvt. Ltd., New Delhi vs. ACIT, CC- 26, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2013-14

…sessment or reassessment relating to any assessment year falling within the period of six assessment years referred to in the said sub-section pending on the date of initiation of the search under section 132, would abate. In CIT v. RRJ Securities Ltd. [2016] 380 ITR 612 (Delhi), the court held that in the context of proceedings under section 153C of the Act, the reference to the date of initiation of the search in the second proviso to section 153A has to be construed as the date on which the Assessing Officer receives the documents or assets from the Assessing Officer of the searched person, that further procee…