Haryana Acrylic Manufacturing Company v. CIT

ACIT, New Delhi vs. M/S. Pavitra Trexim Pvt. Ltd., Kolkata

In the result, the appeal filed by the Revenue and the Cross Objection

Bench: Shri R. K. Panda & Shri Sudhanshu Srivastavaassessment Year : 2007-08 Acit, Central Circle- 30, Pavitra Trexim Pvt. Ltd., New Delhi. 13, Ground Floor, Room No.5, Vs. B.B. Ganguli Street, Punarnava, Kolkata.

…and truly all material facts for completion of the assessment. Therefore, the proviso to section 147 of the I.T. Act is applicable. Relying on the decision of the Hon’ble Delhi High Court in the case of Haryana Acrylic Manufacturing Co. vs. CIT reported in 308 ITR 38 and various other decisions, he submitted that the re- assessment proceedings are void ab-initio. 10. He accordingly submitted that the order of the ld. CIT(A) be upheld and the grounds raised by the Revenue should be dismissed. 13 C.O. No.79/Del/2017 11. We have considered the rival arguments made by both the sides, perused the orders of the…

DCIT (E), New Delhi vs. M/S Wildlife Trust of India, New Delhi

Bench: Shri N.K. Saini & Shri Kuldip Singh

…amounts to change of opinion which is not permissible under law. 7. Ld. CIT (A) has decided the issue in correct perspective by relying upon the decisions rendered by the Hon’ble Delhi High Court in case of Haryana Acrylic Manufacturing Co. vs. CIT – (2009) 308 ITR 38 (Delhi), Rural Electrification Corporation Ltd. vs. CIT – (2013) 355 ITR 356, Microsoft Corporation (I) Pvt. Ltd. vs. DCIT – WP (C) 284/2013 order dated 23.05.2013 and M/s. Swarovski India Pvt. Ltd. vs. DCIT – WP (C) 1909/2013 order dated 08.08.2014. 8. In view of what has been discussed above, when AO has not specifically brought on record by…

ACIT, New Delhi vs. Samsung India Electronics Pvt. Ltd., Gurgaon

In the result appeal filed by the revenue stands dismissed and the Cross Objection raised by assessee stands allowed

Bench: Shri N.K.Saini & Smt. Beena A Pillaiay: 2002-03 Acit, Circle 7(1) Vs. Samsung India Room No.312, 3Rd Floor Electronics P Ltd. Cr Building Ip Estate 3Rd Floor, Vipul Tech New Delhi Square Gurgaon Pan: Aaacs5123K Cross Objection No.363/Del/2011 (In Ita No. 4181/Del/2011) Ay: 2002-03 Samsung India Electronics P Ltd. Vs. Acit,Circle 7(1) Gurgaon New Delhi (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: ‘G’, NEW DELHI BEFORE SHRI N.K.SAINI, ACCOUNTANT MEMBER AND SMT. BEENA A PILLAI, JUDICIAL MEMBER AY: 2002-03 ACIT, Circle 7(1) vs. Samsung India Room no.312, 3rd floor Electronics P Ltd. CR building IP Estate 3rd floor, Vipul Tech New Delhi Square Gurgaon PAN: AAACS5123K Cross Objection No.363/Del/2011 (In ITA No. 4181/Del/2011) AY: 2002-03 Samsung India Electronics P Ltd. vs. ACIT,Circle 7(1) Gurgaon New Delhi (Appellant) (Respondent) Assessee by Sh. Gaurav Jain, Adv. Sh. Deepesh Jain, Adv. Dept. by Sh. Kaushlendra Tiwari, Sr. D.R. Date of Hearing 02.01.20…

Shri Vibhor Singhal, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, the appeals in ITA No

Bench: Shri B.P. Jainassessment Year 2008-09 Vibhor Singhal Vs. Ito C/O. Dinesh Mohan, Ward-2(4) Advocate, 2- Anand Vihar, Muzaffarnagar Lane No. 1, Circular Road Muzaffarnagar

…ht to be reopened beyond the period of four years. This Court considered the decision of the Supreme Court in Phool Chand Bajrang Lai vs. 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…

Shri Anil Singhal, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, the appeal of the assessee in ITA No

Bench: Shri B.P. Jainassessment Year 2008-09 Anil Singhal C/O. Dinesh Vs. Ito, Mohan, Advocate, 2- Anand Ward-1(1) Vihar, Lane No. 1, Circular Muzaffarnagar Road, Muzaffarnagar Pan-Bksps7631E (Appellant) (Respondent) Appellant By : Sh. Ankit Gupta, Adv Respondent By : Sh. T. Vasanthan, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 04/10/2017 घोषणा क" तार"ख /Date Of Pronouncement: 04/10/2017 Order Per B.P. Jain, A.M. This Appeal Of The Assessee Arises From The Order Of Learned Cit(A), Muzaffarnagar, Vide Assessment Order Dated 24.01.2017 For The Assessment Year 2008-09. The Assessee Has Raised As Many Eleven Grounds Of Appeal & First Four Grounds Being Legal Which Have Been Pressed By The Assessee Are Reproduced Hereinbelow:- That The Notice Issued U/S 148 & Reassessment Order Passed U/S 147 R.W.S. 1) 144 Are Illegal, Bad In Law & Without Jurisdiction. That, In View Of The Facts & Circumstances, No Satisfaction Is Recorded By 2) The Assessing Officer As Required U/S 147/148 Of The Act Prior Issuing The Notice Under Section 147 Of The Income Tax Act, 1961. That, No Satisfaction Has Been Recorded By The Assessing Officer After 3) 2

…ht to be reopened beyond the period of four years. This Court considered the decision of the Supreme Court in Phool Chand Bajrang Lai vs. 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…

Smt. Taruna Verma, Delhi vs. ITO, New Delhi

In the result appeal of the assessee is allowed

Bench: Shri I.C.Sudhir & Shri Prashant Maharishismt Taruna Verma, Vs. Ito, A-340, Shastri Nagar, Delhi Ward-19(3), Pan:Akfpv1950P New Delhi (Appellant) (Respondent)

…to be reopened beyond the period of four years. This court considered the decision of the Supreme Page No : 0152 Court in Phool Chand Bajrang Lal v. ITO (supra) as well as the decision of this court in Haryana Acrylic Manufacturing Co. (P.) Ltd. v. CIT [2009] 308 ITR 38 (Delhi) The court noted that a material change had been brought about to section 147 of the Act with effect from April 1, 1989 and observed (page 368 of 378 ITR) : "It is at once seen that the amendment in section 147 of the Act brought about a material change in law with effect from April 1, 1989. Section 147(a) as it stood prior to April 1, 1989…

ACIT, New Delhi vs. M/S. Deesons Traders, New Delhi

Bench: Shri B.P. Jain & Shri Kuldip Singh

…disclose fully and truly all material facts. This proposition of law has been settled by the Jurisdictional High Court in the case of Wel Intertrade Pvt. Ltd. vs. ITO (2009) 308 ITR 22 and in the case cited as Haryana Acrylic Manufacturing Company vs. CIT 308 ITR 38. 8 ITA.No.4924/Del./2017 ACIT vs. M/s. Deesons Traders 12. Ratio of both the aforesaid judgments is that A.O. is not empowered to issue notice u/s 148 of the Act after a period of four years from the end of relevant assessment year particularly when there is no failure on the part of the assessee to disclose fully and truly all material facts ne…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

…t the instance of the Assessee to the ITAT, a reference was made by the Assessee to the decision of this Court in Haryana Acrylic Manufacturing Company v. The Commissioner of ITA No. 916/2015 & connected matters Page 8 of 14 Income Tax IV [2009] 308 ITR 38 (Del) and that of the Bombay High Court in CIT v. Fomento Resorts and Hotels Limited (decision dated 27th November 2006 in ITA No. 71/2006). It was held that the decision of this Court in Haryana Acrylic (supra) was binding on the Revenue. The failure to supply the reasons under Section 148 of the Act despite requests was held to have vitiate…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

…t the instance of the Assessee to the ITAT, a reference was made by the Assessee to the decision of this Court in Haryana Acrylic Manufacturing Company v. The Commissioner of ITA No. 916/2015 & connected matters Page 8 of 14 Income Tax IV [2009] 308 ITR 38 (Del) and that of the Bombay High Court in CIT v. Fomento Resorts and Hotels Limited (decision dated 27th November 2006 in ITA No. 71/2006). It was held that the decision of this Court in Haryana Acrylic (supra) was binding on the Revenue. The failure to supply the reasons under Section 148 of the Act despite requests was held to have vitiate…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

…t the instance of the Assessee to the ITAT, a reference was made by the Assessee to the decision of this Court in Haryana Acrylic Manufacturing Company v. The Commissioner of ITA No. 916/2015 & connected matters Page 8 of 14 Income Tax IV [2009] 308 ITR 38 (Del) and that of the Bombay High Court in CIT v. Fomento Resorts and Hotels Limited (decision dated 27th November 2006 in ITA No. 71/2006). It was held that the decision of this Court in Haryana Acrylic (supra) was binding on the Revenue. The failure to supply the reasons under Section 148 of the Act despite requests was held to have vitiate…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

…t the instance of the Assessee to the ITAT, a reference was made by the Assessee to the decision of this Court in Haryana Acrylic Manufacturing Company v. The Commissioner of ITA No. 916/2015 & connected matters Page 8 of 14 Income Tax IV [2009] 308 ITR 38 (Del) and that of the Bombay High Court in CIT v. Fomento Resorts and Hotels Limited (decision dated 27th November 2006 in ITA No. 71/2006). It was held that the decision of this Court in Haryana Acrylic (supra) was binding on the Revenue. The failure to supply the reasons under Section 148 of the Act despite requests was held to have vitiate…

M/S. Reed Elsevier India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

The appeal is allowed

Bench: Shri I. C. Sudhir & Shri O. P. Kant

…1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCHES: “F” NEW DELHI ] BEFORE SHRI I. C. SUDHIR, JUDICIAL MEMBER AND SHRI O. P. KANT, ACCOUNTANT MEMBER ITA. No. 2092/Del/2013 Assessment Year : 2004-05. M/s. RELX India Pvt. Ltd., Deputy Commissioner [Formerly M/s.Reed Elsevier India P.Ltd., Vs. of Income Tax, 14th Floor, Building 10, Tower: B, Circle : 15 (1), DLF Cyber City Complex, N e w D e l h i. DLF City Phase – II, Gurgaon – 122 002 [Haryana]. PAN : AAACR 4727 J (Appellant) (Respondents) Assessee by : Shri S. D. Kapila, Adv.; & Shri R. R. Maurya, Adv.; Department by : Shri F. R. Meena, Sr. D. R.; Da…

Commitment Commodities Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

Bench: S.V. Mehrotra

…t. He submitted that in the case of Allied Strips Ltd [supra] also, the situation was identical and the Hon'ble Delhi High Court has, following the decision in the case of Haryana Acrylic Manufacturing Company Vs. Commissioner Of Income-tax reported in [2009] 308 ITR 38 that initiation of proceedings was without jurisdiction when there was no allegation of any failure on the part of the assessee to disclose fully and truly all material facts in the reasons recorded by the A.O. He, therefore, submitted that the present case is fully covered by the decision of the Hon'ble Delhi High Court on all four corners. 15.…