CIT v. Sunbeam Auto Ltd.

M/S. Amira Enterprises Ltd., New Delhi vs. Pr. CIT (C), Gurgaon

In the result, the stay application filed by the assessee is dismissed

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava

…There is difference between ‘Lack of enquiry’ and ‘inadequate enquiry’. It is for the AO to decide the extent of enquiry to be made as it is his satisfaction as what is required under law. Reliance is placed on the decision of CIT v. Sunbeam Auto Ltd. [(2010) 332 ITR 167], wherein Hon’ble Delhi High Court has held that if there was any inquiry, even inadequate, that would not by itself, give occasion to the Commissioner to pass order u/s 263 of the Act, merely because the Commissioner has a different opinion in the matter and that only in cases where there is no enquiry, the power u/s 263 can be exercised. The…

M/S. Amira Pure Foods Pvt. Ltd., New Delhi vs. Pr. CIT (C), Gurgaon

In the result, the stay application filed by the assessee is dismissed and the appeal of the assessee in ITA No

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘A’ BENCH, NEW DELHI BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER SA No. 451/DEL/2017 & [Assessment Year: 2014-15] M/s Amira Pure Foods Pvt. Ltd Vs. The Pr.C.I.T 54, Prakriti Marg, Sultanpur Farms Central Mehrauli, New Delhi Gurgaon PAN : AAACA 2200 M [Appellant] [Respondent] Date of Hearing : 07.11.2017 Date of Pronouncement : 29.11.2017 Assessee by : Shri Salil Kapoor, Adv Revenue by : Smt. Aparna Karan, CIT- DR ORDER PER B.P. JAIN, ACCOUNTANT MEMBER, This appeal filed by the assessee is directed against the ord…

M/S. Kamakhaya Oil Company, New Delhi vs. CIT, New Delhi

In the result, appeal of the assessee is dismissed

Bench: Sh. Bhavnesh Saini & Sh. O.P. Kantassessment Year: 2009-10 M/S. Kamakhaya Oil Company, Vs. Cit, Delhi-X, New Delhi C/O- M/S. Rra Taxindia, D-28, South Extension, Part-I, New Delhi. Pan : Aahfk3040R (Appellant) (Respondent) Appellant By Sh. R.S. Singhvi, Ca Respondent By Sh. Vijay Verma, Cit(Dr) Date Of Hearing 07.11.2017 Date Of Pronouncement 21.11.2017 Order Per O.P. Kant, A.M.:

…of the Act as it is not a case of lack of enquiry. In support of his contention, he relied on the decision of the Hon’ble Delhi High Court in the case of Commissioner of 7 Income Tax Vs. Sunil Kumar Sharma, 335 ITR 83(DEL) and CIT Vs. Sunbeam Auto Ltd. (2011) 332 ITR 167(Delhi). 4.4 The Ld. CIT(DR), on the other hand, submitted that in the original assessment, no inquiry was carried out by the Assessing Officer on the issue of allowability of deduction under section 80IB of the Act on the other income including interest earned on fixed deposits. He referred to the assessment order and submitted that it is a one-p…

M/S. Pratibha Sms Jv, Mumbai vs. Pr CIT, New Delhi

Bench: Shri R. K. Panda & Shri Sudhanshu Srivastava

…ly responded. Therefore, the view of the Ld. Pr. CIT that inquiry has not been made by the Assessing Officer is not correct and it is not the case of lack of inquiry as has been alleged by the Ld. CIT. 5.3 In the case of CIT vs Sunbeam Auto Ltd. reported in 332 ITR 167 (Del.), the Hon'ble Delhi High Court has held as under:- "We have considered the rival submissions of the counsel on the other side and have gone through the records. The first issue that arises for our consideration is about the exercise of power by the Commissioner of Income-tax under section 263 of the Income- tax Act. As noted above, the su…

M/S. Pratibha Sms Jv, Mumbai vs. Pr CIT, New Delhi

Bench: Shri R. K. Panda & Shri Sudhanshu Srivastava

…ly responded. Therefore, the view of the Ld. Pr. CIT that inquiry has not been made by the Assessing Officer is not correct and it is not the case of lack of inquiry as has been alleged by the Ld. CIT. 5.3 In the case of CIT vs Sunbeam Auto Ltd. reported in 332 ITR 167 (Del.), the Hon'ble Delhi High Court has held as under:- "We have considered the rival submissions of the counsel on the other side and have gone through the records. The first issue that arises for our consideration is about the exercise of power by the Commissioner of Income-tax under section 263 of the Income- tax Act. As noted above, the su…

Mr. Amit Kumar Aggarwal, Uttar Pradesh vs. ITO, Saharanpur

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava

…the Ld. Pr. CIT that inquiry has not been made by the Assessing Officer is not correct and it is not the case of lack of inquiry as has been alleged by the Ld. Pr. CIT. 6 Amit Kumar Aggarwal vs. ITO 5.1 In the case of CIT vs. Sunbeam Auto Ltd. reported in 332 ITR 167 (Delhi) , the Hon'ble Delhi High Court has held as under:- "We have considered the rival submissions of the counsel on the other side and have gone through the records. The first issue that arises for our consideration is about the exercise of power by the Commissioner of Income-tax under section 263 of the Income- tax Act. As noted above, the…

Vodafone Mobile Services Ltd., New Delhi vs. ITO, Karnal

In the result, all the 03 Appeals i

Bench: Shri H.S. Sidhu & Shri Prashant Maharishi

…Vodafone Essar South Limited (212 Taxman 184) (as affirmed by the Hon’ble Supreme Court in CC 9308/2013) (Page no. 1-8 of PB). - CIT vs. Vodafone Essar South Limited (CC 9308/2013) – Hon’ble Supreme Court (page no. 9 of PB). - CIT vs. Sunbeam Auto Ltd. (322 ITR 167) – Delhi High Court (Page no. 10-21a of the PB). 8.1 As regards applicability of section 194J of the I.T. Act on roaming charges paid to roaming partners, the Ld. Counsel of the assessee has relied upon the following case law, the copies thereof are attached with the Paper Book. He further submitted that in these cases the Tribunal held that a…