CIT v. Usha International Ltd.

ACIT (E), New Delhi vs. Mai Kamliwali Jan Kalyan Charitable Trust, New Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Shri H.S. Sidhua.Y. : 2007-08 Dcit(E) Mai Kamliwali Jan Kalyan Circle-1(1), Vs. Charitable Trust, Room No. 2418, 24Th Floor, J-12 Rajouri Garden, E-2, Block, Pratyakash Kar Community Centre, Bhawan, New Delhi Dr. Shyama Prasad (Pan: Aaaam0224H) Mukherjee Civic Centre, Jawahar Lal Nehru Marg, New Delhi – 110 002

…ssessment of the assessee. I further note that it is a settled law that merely change of opinion is not permissible under the law as held by the Hon’ble Delhi High Court decision in the case of Commissioner of Income Tax vs. Usha International Ltd. [2012] 348 ITR 485 (Delhi) [Full Bench] and also held in the decision of the Hon’ble Supreme Court of India in the case of CIT vs. Kelvinator of India Limited in Appeal Nos. 2009-2011 of 2003 reported in 320 ITR 561. Therefore, the Ld. CIT(A) has rightly held that the reassessment by issuing the notice u/s 148 of the Act were "change of opinion" and the consequent…

M/S. Standard Watch Co. (P) Ltd., New Delhi vs. DCIT, New Delhi

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

Bench: Shri H.S. Sidhu & Shri O.P. Kant

…the assessee hence such statement cannot be relied upon. In support, he placed reliance on the following decisions: i) JSRS Udyog Ltd. – 313 ITR 321 (Del.); ii) Maruti Suzuki India Ltd. vs. DCIT – 356 ITR 209 (Del.); iii) CIT vs. Usha International Ltd. – 348 ITR 485 (Del.) FB; iv) BLV Ltd. vs. ACIT – 343 ITR 129 (Del.); v ) CIT vs. Suren International (P) Ltd. – 357 ITR 24 (Del.); vi) CIT vs. Kelvinator of India Ltd.- 320 ITR 561 (SC); 9. In ground No.3, the assessee has again questioned the validity of reassessment in absence of adjudication of objection raised by the assessee in terms of the decisions…

M/S Kanha Enterprises Pvt Ltd., Delhi vs. ITO, New Delhi

Bench: Sh. N. K. Sainiita No. 86/Del/2016 : Asstt. Year : 2006-07 M/S Kanha Enterprises Pvt. Ltd., Vs Income Tax Officer, 1170, Kucha Mahajani, Chandani Ward-5(1), Chowk, Delhi-110006 New Delhi (Appellant) (Respondent) Pan No. Aaacr6935N Assessee By : Sh. Sandeep Sapra, Adv. Revenue By : Sh. Neeraj Kumar, Sr. Dr Date Of Hearing : 07.09.2016 Date Of Pronouncement : 30.11.2016 Order This Is An Appeal By The Assessee Against The Order Dated 18.11.2015 Of Ld. Cit(A)-Xvii, New Delhi.

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC-3’, NEW DELHI Before Sh. N. K. Saini, Accountant Member ITA No. 86/Del/2016 : Asstt. Year : 2006-07 M/s Kanha Enterprises Pvt. Ltd., Vs Income Tax Officer, 1170, Kucha Mahajani, Chandani Ward-5(1), Chowk, Delhi-110006 New Delhi (APPELLANT) (RESPONDENT) PAN No. AAACR6935N Assessee by : Sh. Sandeep Sapra, Adv. Revenue by : Sh. Neeraj Kumar, Sr. DR Date of Hearing : 07.09.2016 Date of Pronouncement : 30.11.2016 ORDER This is an appeal by the assessee against the order dated 18.11.2015 of ld. CIT(A)-XVII, New Delhi. 2. Following grounds have been raised in thi…

DCIT, New Delhi vs. M/S. Canon India Private Ltd., Haryana

In the result, the appeal of the department is dismissed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 4040/Del/2010 : Asstt. Year : 2002-03 Deputy Commissioner Of Vs M/S Canon India Pvt. Ltd., 2Nd Floor, Tower A & B, Cyber Income Tax, Circle-3(1), New Delhi Green, Dlf Phase-Iii, Gurgaon , Haryana (Appellant) (Respondent) Pan No. Aaacc4175D Assessee By : Sh. S. K. Agarwal, Adv. Revenue By : Sh. Neeraj Kumar, Sr. Dr Date Of Hearing : 26.07.2016 Date Of Pronouncement : 19.10.2016 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 10.06.2010 Of Ld. Cit(A)-Vi, New Delhi.

…s the AO did not raise any query in the original assessment for the advertisement expenses incurred out of the subsidy. The reliance was placed on the judgment of the Hon’ble Delhi High Court in the case of CIT- VI, New Delhi Vs Usha International Ltd. (2012) 348 ITR 485. It was further submitted that in the assessment year 2003-04 also the capital subsidy was not recognized, therefore, the AO rightly reopened the assessment as there was escapement of income. 7 Canon India Pvt. Ltd. 9. In his rival submissions the ld. Counsel for the assessee strongly supported the impunged order passed by the ld. CIT(A) and rei…

Director of Inco:Me-Tax-I vs. Jc Bamford Excavators Limited

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MS. JUSTICE DEEPA SHARMA

…case the assessment proceedings have been validly initiated under the provisions of Section 147 read with Section 148 of the Act and the judgment of the full Bench of the Delhi High Court in the case of Commissioner of Income Tax v. Usha International, (2012) 348 ITR 485 (Del) (hereafter ‘Usha International’) would support the case of Revenue and not the case of the Petitioner. 15. There could not be a more clear and obvious case of change of opinion. The AO doing the original assessment had focused himself and examined the question of appropriateness of the expenditure which was disallowed by the Assessee under…

ACIT, New Delhi vs. M/S. Barista Coffee Company Ltd., New Delhi

In the result cross objection filed by the assessee is allowed

Bench: Smt Suchitra Kamble & Shri Prashant Maharishiacit, Barista Coffee Company Ltd, Circle-2(1), Room No. 398D, Shop No. 55, Community Centre, Vs. Cr Building, New Delhi Basant Lok Market, Vasant Vihar, New Delhi Pan:Aabcb798A (Appellant) (Respondent)

…n. Similar view has also been expressed by Honourable Delhi High court in Priya desh Gupta V DCIT 385 ITR 452 (Del) as under:- “14. In this context, it is relevant to refer to the decision of a Full Bench of this court in CIT v. Usha International Ltd. [2012] 348 ITR 485 (Delhi) [FB] had held as under (page 496) : "Reassessment proceedings will be invalid in case an issue or query is raised and answered by the assessee in original assessment proceedings but thereafter the Assessing Officer does not make any addition in the assessment order. In such situations it should be accepted that the issue was examined but…

M/S Om Welfare Society, Hisar vs. ITO, Hisar

In the result, the appeal of the assessee is allowed

Bench: Sh. N. K. Saini

…itiating the proceedings u/s 147 of the Act was a change of opinion and as such the reopening was bad in law. The reliance was placed on the following case laws: " CIT Vs Kelvinator of India Ltd. (2010) 320 ITR 561 (SC) " CIT Vs Usha International Ltd. (2012) 348 ITR 485 (SC) " Parashuram Pottery Works Co. Ltd. Vs ITO 106 ITR 1 (SC) 8. The ld. Counsel for the assessee also submitted that the AO wrongly alleged that the assessee did not respond to the notice u/s 148 of the Act, our attention was drawn towards page no. 38 of the assessee’s 9 Om Welfare Society paper book and it was submitted that a letter dated 26…

Shri Santosh Jagati, Nainital vs. ITO, Nainital

The appeal is allowed

Bench: Shri I.C. Sudhir & Shri O.P. Kant Assessment Year: 2008-09 Santosh Jagati, Vs. Ito, Anupam Hotel, Nainital, Mallital, Nainital. (Pan: Aavpj4767C) (Appellant) (Respondent) Assessee By: Shri Kapil Goyal, Adv. Department By : Smt. Anima Barnwal, Dr Date Of Hearing : 21.03.2016 Date Of Pronouncement: 15 :06.2016 Order Per I.C. Sudhir:The Assessee Has Questioned First Appellate Order On The Following Grounds: 1. Because The Learned Cit(Appeals)-Ii, Dehradun, Was Not Justified In Confirming The Assessing Officers Action U/S. 148. He Failed To Appreciate The Fact That All Necessary Details Regarding Letting Out Of Property On Rent & Of The Property Sold-(Land With The Building Constructed Thereon) Were Already On Record While Processing The Return U/S. 143(1) Or Rectifying The Same U/S. 154. 2. Because The Learned Cit(Appeals)-Ii, Dehradun, Misunderstood The Whole Facts & Confused Himself Between The Property Inherited From An Ancestor Before 1.04.1981 & The Property Acquired By The Appellant Himself. He Failed To Appreciate The Fact

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH “G” NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI O.P. KANT Assessment Year: 2008-09 Santosh Jagati, vs. ITO, Anupam Hotel, Nainital, Mallital, Nainital. (PAN: AAVPJ4767C) (Appellant) (Respondent) Assessee by: Shri Kapil Goyal, Adv. Department by : Smt. Anima Barnwal, DR Date of hearing : 21.03.2016 Date of pronouncement: 15 :06.2016 ORDER PER I.C. SUDHIR: JUDICIAL MEMBER The assessee has questioned first appellate order on the following grounds: 1. Because the Learned CIT(Appeals)-II, Dehradun, was not justified in confirming the Assessing Officers action u/s. 148.…

DCIT, New Delhi vs. M/S. Landbase India Ltd., New Delhi

In the result, cross objections of the

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

…f course as decided by the AO has not been accepted by the assessee because the assessee is agitating this issue continuously and regularly. The ld. AR placing reliance on the decision of Hon’ble High Court of Delhi in the case of CIT Vs. Usha International, 348 ITR 485 [Del] contended that where an AO incorrectly or erroneously applies law or comes to a wrong conclusion, then initiation of reassessment proceedings will be invalid on the ground of change of opinion. The ld. AR further placing reliance on the decision of Hon’ble High Court of Delhi in the case of Haryana Acrylic Manufacturing Co.[supra] submitte…

DCIT, New Delhi vs. M/S. Landbase India Ltd, New Delhi

In the result, cross objections of the

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

…f course as decided by the AO has not been accepted by the assessee because the assessee is agitating this issue continuously and regularly. The ld. AR placing reliance on the decision of Hon’ble High Court of Delhi in the case of CIT Vs. Usha International, 348 ITR 485 [Del] contended that where an AO incorrectly or erroneously applies law or comes to a wrong conclusion, then initiation of reassessment proceedings will be invalid on the ground of change of opinion. The ld. AR further placing reliance on the decision of Hon’ble High Court of Delhi in the case of Haryana Acrylic Manufacturing Co.[supra] submitte…

M/S. S G Estates Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal of the assessee is allowed

…iginal assessment proceedings u/s 143(3) of the Act as has been held by Apex Court in the case of CIT vs. Kelvinator of India Ltd. reported in 320 ITR 561 and Full Bench of Hon’ble High Court of Delhi in the case of CIT vs. Usha International Ltd. reported in 348 ITR 485. 2 That the learned Commissioner of IncomeTax (Appeals) has further erred both in law and on facts in upholding an addition of Rs. 2,50,000/- by enhancing the closing stock (WIP) on misconception of facts and, statutory provision of law. 2 AY: 2007-08 It is therefore, prayed that the impugned assessment may kindly be quashed and furthermore addi…