Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications

ACIT, New Delhi vs. M/S. Dimension Promoters Pvt. Ltd., New Delhi

Bench: : Shri H.S. Sidhu. & Shri T.S. Kapoor

…2010, the date on which the Assessee informed the AO that the return originally filed should be treated as the return filed pursuant to the notice under Section 148 of the Act. 13. In DIT v. Society for Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del), this Court invalidated an reassessment proceedings after noting that the notice under Section 143(2) of the Act was not issued to the Assessee pursuant to the filing of the return. In other words, it was held mandatory to serve the notice under Section 143(2) of the Act only after the return filed by the Assessee is actually scrutinized by…

Ashwani Kumar, New Delhi vs. ITO, Ward- 67(3), New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri B.P. Jain

…ase, assessment made is absolutely illegal and invalid. This settled legal position stands covered by various decisions of the Hon'ble Jurisdictional High Court of Delhi, few of which are as under: i) 341 ITR 247 Alpine Electronics Asia [P] Ltd Vs. DGIT ii) 323 ITR 249 DIT Vs. Society for Worldwide Interbank Financial Telecommunication. iii) ITA No. 696/2015 CIT Vs. Delhi Kalyan Samiti. iv) 383 ITR 455 Pr. CIT Vs. Silver Line and Anr v) 282 CTR 435 Pr. CIT Vs. Shri Jai Shiv Shankar Traders vi) 310 ITR 300 AT Kuber Tobacco Products [P] Ltd Vs. DCIT vii) 178 Taxman 315 CIT Vs. Mani Kakkar 4. In that view of t…

Sh. Harsh Bhatia, New Delhi vs. ITO, New Delhi

In the result, both the appeals of the assessee are allowed

Bench: Shri B.P. Jain

…by the ITO and CIT—They substituted the form for the substance—Therefore appeal is allowed, order of the High Court is set aside and impugned notice quashed.” 7. In the case of DIT Vs. Society for Worldwide Inter-bank Financial Telecommunications reported in 323 ITR 249 [DEL], their Lordships of the Hon'ble Delhi High Court held as under: “Both the CIT(A) and the Tribunal have returned a concurrent and clear finding of fact that the notice under s. 143(2) was issued on 23rd March, 2000 and since the return was filed on 27th March, 2000, the notice was not a valid one and, therefore, the assessment completed on…

Sh. Harsh Bhatia, New Delhi vs. ITO, New Delhi

In the result, both the appeals of the assessee are allowed

Bench: Shri B.P. Jain

…by the ITO and CIT—They substituted the form for the substance—Therefore appeal is allowed, order of the High Court is set aside and impugned notice quashed.” 7. In the case of DIT Vs. Society for Worldwide Inter-bank Financial Telecommunications reported in 323 ITR 249 [DEL], their Lordships of the Hon'ble Delhi High Court held as under: “Both the CIT(A) and the Tribunal have returned a concurrent and clear finding of fact that the notice under s. 143(2) was issued on 23rd March, 2000 and since the return was filed on 27th March, 2000, the notice was not a valid one and, therefore, the assessment completed on…

ACIT, New Delhi vs. M/S. Ravnet Solutions Pvt. Ltd., New Delhi

In the result, the Cross Objection of the Assessee is allowed and Appeal of the Revenue stand dismissed

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

…IDE INTERBANK FINANCIAL TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) [(2010) 323 ITR 249] [(2010) 323 ITR 249] [(2010) 323 ITR 249] [(2010) 323 ITR 249] “The notice u/s 143(2) was issued on 23-03-2000 while the return was filed on 27-03-2000. Even if it was issued on 27-03-2000 without examining the return, it was invalid. The notice was invalid and so was the assessment.” DCIT vs. Indian Syntans Investments DCIT vs. Indian Syntans I…

T V Today Network Ltd., New Delhi vs. Addl. CIT, New Delhi

Accordingly grounds raised by assessee on legal as well as on merits stands allowed

Bench: Sh. R. K. Panda & Smt. Beena A. Pillaischleicher India Ltd. Dcit C/O M/S Rra Taxindia Central Circle-09, Vs. D-28, South Extension, Part-I New Delhi New Delhi Pan : Aaacm1960G (Appellant) (Respondent)

…charged its onus of establishing that income has escaped assessment by way of materials on record. He placed reliance upon the decision of Hon’ble Delhi High Court in the case of DCIT vs Society of World Wide Inter Ban, Financial Telecommunication reported in 323 ITR 249 and decision of Hon’ble Delhi High Court in the case of Pr.CIT vs. Sri Jai Shiv Shankar Traders Pvt.Ltd., reported in 383 ITR 448; ii) it has been submitted that the reasons for reopening is based on borrowed satisfaction as there is neither material in possession of assessing officer nor there is any independent application of mind. It has been…

ITO, New Delhi vs. M/S Gravity Systems Pvt. Ltd., Delhi

In the result, appeal of the Revenue is dismissed while the cross objection of the assessee is partly allowed

Bench: Shri. P. K. Bansal & Shri K.N. Charry Assessment Year:2004-05

…2010, the date on which the Assessee informed the AO that the return originally filed should be treated as the return filed pursuant to the notice under Section 148 of the Act. 13. In DIT v. Society for Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del), this Court invalidated an reassessment proceedings after noting that the notice under Section 143(2) of the Act was not issued to the Assessee pursuant to the filing of the return. In other words, it was held mandatory to serve the notice under Section 143(2) of the Act only after the return filed by the Assessee is actually scrutinised by…

Zakia Begum, New Delhi vs. ITO, New Delhi

In the result, the appeal of the Assessee is allowed

Bench: Shri H.S. Sidhu

…IDE INTERBANK FINANCIAL TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) TELECOMMUNICATIONS in ITA 441 OF 2010 (Delhi High Court) [(2010) 323 ITR 249] [(2010) 323 ITR 249] [(2010) 323 ITR 249] [(2010) 323 ITR 249] “The notice u/s 143(2) was issued on 23-03-2000 while the return was filed on 27-03-2000. Even if it was issued on 27-03-2000 without examining the return, it was invalid. The notice was invalid and so was the assessment.” DCIT vs. Indian Syntans Investments (P) Ltd. [(2007) 107 ITD…

M/S Print-Fab (India) P. Ltd., New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2003-04 M/S. Print-Fab (India) P. Vs. Income Tax Officer, Ward Ltd., 46/8, 1St Floor, East 14(4), New Delhi Patel Nagar, New Delhi Gir/Pan : Aaccp7299M (Appellant) (Respondent) Appellant By Sh. Satyen Sethi, Adv. Respondent By Sh. V. R. Sonbhadra, Sr.Dr Date Of Hearing 21.06.2016 Date Of Pronouncement 27.07.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 12/08/2013 Of Learned Commissioner Of Income-Tax (Appeals)-Xvii, New Delhi, For Assessment Year 2003-04, Raising Following Grounds, Which Are Revised On 22.02.2016: 1. That On The Facts & Circumstances Of The Case & In Law, The Commissioner Of Income-Tax (Appeals)-Xvii, New Delhi [Briefly "The Cit(A)"] Has Erred In Upholding The Reopening Of Assessment Under Section 147 Of The Income Tax Act, 1961 (Briefly "The Act"). 2. That On The Facts & Circumstances Of The Case & In Law, The Cit(A) Has Erred In Not Appreciating That The Assessment Was Not Validly Reopened, For No Valid Notice

…ourt in several cases pertaining to proceedings under Section 147 has held that a notice under Section 143(2) is mandatory. [See: Alpine Electronics Asia (P.) Ltd. v. DGIT: 341 ITR 247 (Del), DIT v. Society for Worldwide Interbank Financial Telecommunication: 323 ITR 249 (Del), Pr. CIT v Shri Jai Shiv Shankar Traders Pvt. Ltd.: 282 CTR 435 (Del) and CIT v. Rajeev 336 ITR (All)}. It is also relevant to note that clause (b) of the proviso to Section 148(1) of the Act also specifically extends the period for issuance of notice under Section 143(2) of the Act.” 3.4 Thus, the Hon’ble High Court in the above case has…

M/S. Pooran Singh, Delhi vs. ITO, Muzaffarnagar

The appeal is dismissed

Bench: Shri J. Sudhakar Reddy & Smt Suchitra Kamblei.T.A .No.-1545/Del/2012 & Ita No. 4289/Del/2012 (Assessment Year-2007-08)

…2010, the date on which the Assessee informed the AO that the return originally filed should be treated as the return filed pursuant to the notice under Section 148 of the Act. 13. In DIT v. Society for Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del), this Court invalidated an reassessment proceedings after noting that the notice under Section 143(2) of the Act was not issued to the Assessee pursuant to the filing of the return. In other words, it was held mandatory to serve the notice under Section 143(2) of the Act only after the return filed by the Assessee is actually scrutinised by…

Pooran Singh, New Delhi vs. ITO, Uttar Pradesh

The appeal is dismissed

Bench: Shri J. Sudhakar Reddy & Smt Suchitra Kamblei.T.A .No.-1545/Del/2012 & Ita No. 4289/Del/2012 (Assessment Year-2007-08)

…2010, the date on which the Assessee informed the AO that the return originally filed should be treated as the return filed pursuant to the notice under Section 148 of the Act. 13. In DIT v. Society for Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del), this Court invalidated an reassessment proceedings after noting that the notice under Section 143(2) of the Act was not issued to the Assessee pursuant to the filing of the return. In other words, it was held mandatory to serve the notice under Section 143(2) of the Act only after the return filed by the Assessee is actually scrutinised by…

CIT vs. Delhi Kalyan Samiti

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…several cases pertaining to proceedings under Section 147 has held that a notice under Section 143(2) is mandatory. [See: Alpine Electronics Asia (P.) Ltd. v. DGIT: 341 ITR 247 (Del), DIT v. Society for Worldwide Interbank Financial Telecommunication: 323 ITR 249 (De), Pr. CIT v Shri Jai Shiv Shankar Traders Pvt. Ltd.: 282 CTR. 435 (Del) and CIT v. Rajeev Verma: 336 ITR (All)]. It is also relevant to note that clause (b) of the proviso to Section 148(1) of the Act also specifically extends the period for issuance of notice under Section 143(2) of the Act. Mr Jam's contention that a belated return fil…

CIT vs. Delhi Kalyan Samiti

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…several cases pertaining to proceedings under Section 147 has held that a notice under Section 143(2) is mandatory. [See: Alpine Electronics Asia (P.) Ltd. v. DGIT: 341 ITR 247 (Del), DIT v. Society for Worldwide Interbank Financial Telecommunication: 323 ITR 249 (De), Pr. CIT v Shri Jai Shiv Shankar Traders Pvt. Ltd.: 282 CTR. 435 (Del) and CIT v. Rajeev Verma: 336 ITR (All)]. It is also relevant to note that clause (b) of the proviso to Section 148(1) of the Act also specifically extends the period for issuance of notice under Section 143(2) of the Act. Mr Jam's contention that a belated return fil…

Vinod Kumar Khatri vs. DCIT

…he decisions in Suram Chand Rahlan vs. CIT (1997)226 ITR 927 (Del), Hind Samachar Ltd. vs. Union of India (2011) 330 ITR 266 (P&H), CIT v. Pawan Gupta (2009) 318 ITR 322 (Del) and DIT v. Society for Worldwide Inter Bank Financial, Telecommunications (2010)323 ITR 249 (Del).In support of the proposition that the retracted statement of the Assessee could not form the basis of an assessment, without any corroborative material, reliance was placed on the decision in CIT vs. S. Khader Khan Son (2013) 352 ITR 480 (SC). 2015:DHC:9521-DB ITA 132/2008 Page 15 of 19 28. In t…

Vinod Kumar Khatri vs. Deputy Commissioner of Income Tax

…he decisions in Suram Chand Rahlan vs. CIT (1997)226 ITR 927 (Del), Hind Samachar Ltd. vs. Union of India (2011) 330 ITR 266 (P&H), CIT v. Pawan Gupta (2009) 318 ITR 322 (Del) and DIT v. Society for Worldwide Inter Bank Financial, Telecommunications (2010)323 ITR 249 (Del).In support of the proposition that the retracted statement of the Assessee could not form the basis of an assessment, without any corroborative material, reliance was placed on the decision in CIT vs. S. Khader Khan Son (2013) 352 ITR 480 (SC). 2015:DHC:9521-DB ITA 132/2008 Page 15 of 19 28. In t…

Pr. Commissioner of Income Tax -18 vs. Silver Line

…ome-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the IT…

Pr. Commissioner of Income Tax -18 vs. Silver Line

…ome-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the IT…