Haryana Acrylic Manufacturing Company v. CIT

Rkm Infotech & Developers Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed on legal grounds

Bench: In The Income Tax Appellate Tribunal Delhi Bench ‘F’ New Delhi

…gation of the information. Another aspect is that the reasons were not supplied to the assessee with the notice issued. These were supplied during the assessment proceedings. This also makes the assessment order invalid as held in the case of Haryana Acrylic: 308 ITR 38(Del) that the reasons will go hand in hand with notice, followed by Delhi Tribunal in the case of Balwant Rai Wadhwa (ITA No.4806/Del/2010), Suren International (ITA No.2941/Del/2010), Shagun Impex (ITA No.2756/Del/2010) and many other ITAT judgments. There are many judgments of Hon’ble High Court and the Tribunal on the issue that merely informat…

Anand Education Society, New Delhi vs. ADIT (E), New Delhi

In the result, appeal of the assessee is allowed and that of the department is dismissed

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 761/Del/2013 : Asstt. Year : 2009-10 Anand Education Society, Vs Asstt. Director Of Income Tax(E) 30, Community Centre, Ashok Trust Circle-Ii, Vihar, Phase-I, New Delhi New Delhi-110052 (Appellant) (Respondent)

…ng in pursuant to the notice u/s 148 of the Act is liable to be quashed. The reliance was placed on the following case laws: " GKN Driveshafts (India) Ltd. Vs ITO and Others (2013) 259 ITR 19 (SC) " Haryana Acrylic Manufacturing Company Vs CIT and Anr. (2009) 308 ITR 38 (Del) " CIT Vs Videsh Sanchar Nigam Ltd. (2012) 340 ITR 66 (Bom) " M/s Jagat Talkies Distributors Vs DCIT in ITA No. 1068 to 1073/Del/2008 order dated 10.06.2015 14.1 It was further submitted that the AO had recorded two reasons for reopening the assessment, the first one was regarding “development charges” not shown in the income and expenditure…

ADIT (E), New Delhi vs. Anand Education Society, New Delhi

In the result, appeal of the assessee is allowed and that of the department is dismissed

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 761/Del/2013 : Asstt. Year : 2009-10 Anand Education Society, Vs Asstt. Director Of Income Tax(E) 30, Community Centre, Ashok Trust Circle-Ii, Vihar, Phase-I, New Delhi New Delhi-110052 (Appellant) (Respondent)

…ng in pursuant to the notice u/s 148 of the Act is liable to be quashed. The reliance was placed on the following case laws: " GKN Driveshafts (India) Ltd. Vs ITO and Others (2013) 259 ITR 19 (SC) " Haryana Acrylic Manufacturing Company Vs CIT and Anr. (2009) 308 ITR 38 (Del) " CIT Vs Videsh Sanchar Nigam Ltd. (2012) 340 ITR 66 (Bom) " M/s Jagat Talkies Distributors Vs DCIT in ITA No. 1068 to 1073/Del/2008 order dated 10.06.2015 14.1 It was further submitted that the AO had recorded two reasons for reopening the assessment, the first one was regarding “development charges” not shown in the income and expenditure…

M/S. K.C. Fibres Ltd., New Delhi vs. ACIT, New Delhi

In the result, the Appeal filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri O.P. Kanta.Y. : 2003-04 M/S Kc Fibres Ltd, Acit, Circle 5(1), Bm-2A, Dilkush Industrial Vs. New Delhi Estate, Gtk Road, Azadpur, Delhi – 110 033 (Pan:Aaack3050H) (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER A.Y. : 2003-04 M/S KC FIBRES LTD, ACIT, CIRCLE 5(1), BM-2A, DILKUSH INDUSTRIAL Vs. NEW DELHI ESTATE, GTK ROAD, AZADPUR, DELHI – 110 033 (PAN:AAACK3050H) (APPELLANT) (RESPONDENT) Assessee by : Sh. SB GUPTA, CA Department by : Sh. T. JAMES SINGSON, SR. DR Date of Hearing : 11-05-2016 Date of Order : 03-06-2016 ORDER PER H.S. SIDHU, JM Assessee has filed this Appeal against the Order dated 08.2.2013 passed by the Ld. Commissioner of Income Tax (Appeals)-VII, New Delhi p…

Shree Shyam Khatu Investments Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result the appeal filed by the assessee is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastava

…. 4810/D/2010 Assessment Year 2001-02 years. This Court considered the decision of the Supreme Court in Phool Chand Bajrang Lal v. Income-tax Officer ( s u p r a ) as well as the decision of this Court in M/s Haryana Acrylic Manufacturing Co. (P) Ltd. v. CIT 308 ITR 38 (Del). The Court noted that a material change had been brought about to Section 147 of the Act with effect from 1st April 1989 and observed: “29. It is at once seen that the Amendment in Section 147 of the Act brought about a material change in law w.e.f. 1st April, 1989. Section 147(a) as it stood prior to 1st April 1989 required the AO to have a…

M/S R.T. Paper Board Ltd., New Delhi vs. ACIT, New Delhi

In the result the appeal of the assessee is allowed

Bench: Shri J. Sudhakar Reddy & Ms. Suchitra Kamblea.Y. 2003-04 R.T. Paper Board Ltd. Vs. Acit, Circle 15(1) 407-408, Deepali New Delhi Nehru Place New Delhi 110 019 Pan: Aabcr 9393 R (Appellant) (Respondent) Appellant By : Sh.Somil Agarwal, Adv. Respondent By : Sh. Raman Kant Garg, Sr.D.R. Order Per J. Sudhakar Reddy

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER A.Y. 2003-04 R.T. Paper Board Ltd. vs. ACIT, Circle 15(1) 407-408, Deepali New Delhi Nehru Place New Delhi 110 019 PAN: AABCR 9393 R (Appellant) (Respondent) Appellant by : Sh.Somil Agarwal, Adv. Respondent by : Sh. Raman Kant Garg, Sr.D.R. ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER This is an appeal filed by the Assessee directed against the order of Ld.CIT(A)-XVIII, New Delhi pertaining to the Assessment Year (hereinafter referred to as the A.Y.) 20…

ACIT, New Delhi vs. M/S. Gulshan International (P) Ltd., New Delhi

Bench: Shri I.C. Sudhir & Shri O.P. Kant Assessment Year: 2003-04 Acit, Vs. Gulshan International (P) Ltd., Circle-12(1), B-20/1, Wazirpur International New Delhi. Area, Phase-Ii, New Delhi. (Pan: Aabcg1201H) (Appellant) (Respondent) Assessee By: S/Shri Satyen Sethi & A. Pandu, Adv. Department By: Shri T. Vasudevan, Sr. Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement: 22:04.2016 Order Per I.C. Sudhir:The Revenue Has Questioned First Appellate Order Raising The Issue As To Whether The Learned Cit(Appeals) Was Correct In Deleting The Addition Of Rs.40,02,780 Made By The Assessing Officer Under Sec. 68 Of The Income-Tax Act, 1961 Treating The Share Application Money As Unexplained Cash Credits.

…ght to be reopened beyond the period of four years. This Court considered the decision of the Supreme Court in Phool Chand Bajrang Lal v. Income-tax Officer (supra) as well as the decision of this Court in M/s Haryana Acrylic Manufacturing Co. (P) Ltd. v. CIT 308 ITR 38 (Del). The Court noted that a material change had been brought about to Section 147 of the Act with effect from 1st April 1989 and observed: "29. It is at once seen that the Amendment in Section 147 of the Act brought about a material change in law w.e.f. 1st April, 1989. Section 147(a) as it stood prior to 1st April 1989 required the AO to have a…

M/S. Vijay Power Generators Ltd., New Delhi vs. ACIT, New Delhi

In the result, the Appeal filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri L.P. Sahui.T.A. No. 4086/Del/2013 A.Y. : 2004-05 M/S Vijay Power Generators Ltd., Vs. Acit, Circle 17(1), 5, Park End, (Opp.) Preet Vihar, New Delhi Metro Pillar No. 101, Vikas Marg, New Delhi – 11- 0902 (Pan: Aaacv0191N) (Appellant) (Appellant) (Appellant) (Appellant) (Respondent) (Respondent) (Respondent) (Respondent)

…prayed that reassessment framed may be quashed. In support of his contention he relied upon the following case laws:- a) Order dated 3.11.20087 in the case of M/s Haryana Acrylic Manufacturing Company vs. CIT passed in WP(C) No. 4074/2007 (Delhi High Court) 308 ITR 38 b) Order dated 14.8.2014 in the case of Madhukar Khosla vs. ACIT passed in CWP(C), CM No. 2744/2014 and 2745/2014 (Delhi High Court). 5 A.Y. 2004-05 c) ITAT, SMC-2, Delhi Bench decision dated 17.11.2015 passed in the case of Sh. Rakesh Bandhu vs. ITO in ITA No. 2586/Del/2014 (AY 2009-10). d) CIT vs. Kelvinator of India Limited 256 ITR 1 (Delhi)…

Shraddha Jain, Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed on legal ground

Bench: Sri G.D. Agarwal, Hon’Blesri C.M.Gargita No. 3280/Del. 2015 : Asstt. Year : 2004-05

…ght to be reopened beyond the period of four years. This Court considered the decision of the Supreme Court in Phool Chand Bajrang Lal v. Income-tax Officer (supra) as well as the decision of this Court in M/s Haryana Acrylic Manufacturing Co. (P) Ltd. v. CIT 308 ITR 38 (Del). The Court noted that a material change had been brought about to Section 147 of the Act with effect from 1st April 1989 and observed: “29. It is at once seen that the Amendment in Section 147 of the Act brought about a material change in law w.e.f. 1st April, 1989. Section 147(a) as it stood prior to 1st April 1989 required the AO to have a…

Marathon Finlease Ltd., Delhi vs. ITO, New Delhi

In the result, appeal is allowed on legal grounds

Bench: Sri G.D. Agarwal, Hon’Blesri C.M.Garg

…ght to be reopened beyond the period of four years. This Court considered the decision of the Supreme Court in Phool Chand Bajrang Lal v. Income-tax Officer (supra) as well as the decision of this Court in M/s Haryana Acrylic Manufacturing Co. (P) Ltd. v. CIT 308 ITR 38 (Del). The Court noted that a material change had been brought about to Section 147 of the Act with effect from 1st April 1989 and observed: “29. It is at once seen that the Amendment in Section 147 of the Act brought about a material change in law w.e.f. 1st April, 1989. Section 147(a) as it stood prior to 1st April 1989 required the AO to have a…

Sh. Suresh M. Bajaj, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed on legal grounds

Bench: Sri G.D. Agarwal, Hon’Blesri C.M.Gargita No. 7/Del./2013 : Asstt. Year : 2005-06

…ght to be reopened beyond the period of four years. This Court considered the decision of the Supreme Court in Phool Chand Bajrang Lal v. Income-tax Officer (supra) as well as the decision of this Court in M/s Haryana Acrylic Manufacturing Co. (P) Ltd. v. CIT 308 ITR 38 (Del). The Court noted that a material change had been brought about to Section 147 of the Act with effect from 1st April 1989 and observed: “29. It is at once seen that the Amendment in Section 147 of the Act brought about a material change in law w.e.f. 1st April, 1989. Section 147(a) as it stood prior to 1st April 1989 required the AO to have a…

M/S. Cj International Hotels Ltd., New Delhi vs. DCIT, New Delhi

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…g the course of original assessment then it cannot be said that there is any failure 36 ITA No.771, 787 & 1107/Del./2012 ITA No.218 & 386/Del./2013 or omission attributable to the assesse. Jurisdictional High Court in case of Haryana Acrylic Mfg reported in 308 ITR 38(Del) has held as under: “……..Explanation I to section 147 also makes it clear that mere production before the Assessing Officer of account books or other evidence from which material evidence could, with due diligence have been discovered by the Assessing Officer, will not necessarily amount to disclosure within the meaning of the said proviso. T…

DCIT, New Delhi vs. M/S. C.J. International Hotels Ltd., New Delhi

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…g the course of original assessment then it cannot be said that there is any failure 36 ITA No.771, 787 & 1107/Del./2012 ITA No.218 & 386/Del./2013 or omission attributable to the assesse. Jurisdictional High Court in case of Haryana Acrylic Mfg reported in 308 ITR 38(Del) has held as under: “……..Explanation I to section 147 also makes it clear that mere production before the Assessing Officer of account books or other evidence from which material evidence could, with due diligence have been discovered by the Assessing Officer, will not necessarily amount to disclosure within the meaning of the said proviso. T…

M/S. Cj International Hotels Ltd., New Delhi vs. DCIT, New Delhi

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…g the course of original assessment then it cannot be said that there is any failure 36 ITA No.771, 787 & 1107/Del./2012 ITA No.218 & 386/Del./2013 or omission attributable to the assesse. Jurisdictional High Court in case of Haryana Acrylic Mfg reported in 308 ITR 38(Del) has held as under: “……..Explanation I to section 147 also makes it clear that mere production before the Assessing Officer of account books or other evidence from which material evidence could, with due diligence have been discovered by the Assessing Officer, will not necessarily amount to disclosure within the meaning of the said proviso. T…

M/S. Cj International Hotels Ltd., New Delhi vs. DCIT, New Delhi

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…g the course of original assessment then it cannot be said that there is any failure 36 ITA No.771, 787 & 1107/Del./2012 ITA No.218 & 386/Del./2013 or omission attributable to the assesse. Jurisdictional High Court in case of Haryana Acrylic Mfg reported in 308 ITR 38(Del) has held as under: “……..Explanation I to section 147 also makes it clear that mere production before the Assessing Officer of account books or other evidence from which material evidence could, with due diligence have been discovered by the Assessing Officer, will not necessarily amount to disclosure within the meaning of the said proviso. T…

ACIT, New Delhi vs. M/S. C.J. International Hotels Ltd., New Delhi

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…g the course of original assessment then it cannot be said that there is any failure 36 ITA No.771, 787 & 1107/Del./2012 ITA No.218 & 386/Del./2013 or omission attributable to the assesse. Jurisdictional High Court in case of Haryana Acrylic Mfg reported in 308 ITR 38(Del) has held as under: “……..Explanation I to section 147 also makes it clear that mere production before the Assessing Officer of account books or other evidence from which material evidence could, with due diligence have been discovered by the Assessing Officer, will not necessarily amount to disclosure within the meaning of the said proviso. T…

Commissioner of Income Tax vs. Visisth Chay Vyapar Ltd

…ITA Nos. 1108 of 2010 & 1109 of 2010 Page 1 of 20 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 16, 2015 Date of decision: December 03,2015. ITA 1108/2010 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Rohit Madan, Senior Standing counsel with Mr. Zoheb Hossain, Advocate. versus VISHISHTH CHAY VYAPAR LTD. ..... Respondent Through: Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. AND…

Commissioner of Income Tax vs. Vishsht Chay Vyapar Ltd

…ITA Nos. 1108 of 2010 & 1109 of 2010 Page 1 of 20 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 16, 2015 Date of decision: December 03,2015. ITA 1108/2010 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Rohit Madan, Senior Standing counsel with Mr. Zoheb Hossain, Advocate. versus VISHISHTH CHAY VYAPAR LTD. ..... Respondent Through: Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. AND…

Commissioner of Income Tax vs. Vishishth Chay Vyapar Ltd

…ITA Nos. 1108 of 2010 & 1109 of 2010 Page 1 of 20 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 16, 2015 Date of decision: December 03,2015. ITA 1108/2010 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Rohit Madan, Senior Standing counsel with Mr. Zoheb Hossain, Advocate. versus VISHISHTH CHAY VYAPAR LTD. ..... Respondent Through: Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. AND…

Commissioner of Income Tax vs. Vishishth Chay Vyapar Ltd

…ITA Nos. 1108 of 2010 & 1109 of 2010 Page 1 of 20 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 16, 2015 Date of decision: December 03,2015. ITA 1108/2010 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Rohit Madan, Senior Standing counsel with Mr. Zoheb Hossain, Advocate. versus VISHISHTH CHAY VYAPAR LTD. ..... Respondent Through: Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. AND…