Hind Samachar Ltd. v. Assistant Commissioner of Income Tax and Another

INDIA TODAY ONLINE PVT. LTD.,NEW DELHI vs. ITO, WARD- 12(2), NEW DELHI

In the result both the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

…it is most humbly submitted that the order so passed by learned CIT (A) is vitiated in law as the same is without following the principles of natural justice, reliance is placed on the following judgments: (i) Hind Samachar Ltd. vs ACIT (P&H HC) reported in 335 ITR 277. (ii) Prateek Resorts & Builders Pvt. Ltd. (Allahabad HC) reported 199 Taxman 140 (Magz). viii) Thus, the submission of the assessee company is that the issues raised in the enhancement notice dated 13.09.2018 were duly replied by the assessee, whereas, addition so made by learned CIT (A) by applying Rule 11U and 11UA were never confronted in the…

INDIA TODAY ONLINE PVT. LTD.,NEW DELHI vs. ITO, WARD- 12(2), NEW DELHI

In the result both the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

…it is most humbly submitted that the order so passed by learned CIT (A) is vitiated in law as the same is without following the principles of natural justice, reliance is placed on the following judgments: (i) Hind Samachar Ltd. vs ACIT (P&H HC) reported in 335 ITR 277. (ii) Prateek Resorts & Builders Pvt. Ltd. (Allahabad HC) reported 199 Taxman 140 (Magz). viii) Thus, the submission of the assessee company is that the issues raised in the enhancement notice dated 13.09.2018 were duly replied by the assessee, whereas, addition so made by learned CIT (A) by applying Rule 11U and 11UA were never confronted in the…

THE COMMISSIONER OF INCOME TAX vs. M/S SUDEV INDUSTRIES LTD.

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

…t. According to the court, the omission indicates that the Legislature no longer views the initialling of the order instead of signing it as a defect affecting the validity of the proceeding.” 43. In Hind Samachar Limited Vs. Union of India (2011) 330 ITR 266 (P & H) reference was made to Section 292B and Section 139(9) of the Act. In the said case, return of income, filed by the company was signed by someone other than the authorized person. It was observed that the question was of removal of defect, which could be rectified. Reference was made to another decision of the Punjab and Haryana Hig…

THE COMMISSIONER OF INCOME TAX-III vs. M/S SUDEV INDUSTRIES LIMITED

…t. According to the court, the omission indicates that the Legislature no longer views the initialling of the order instead of signing it as a defect affecting the validity of the proceeding.” 43. In Hind Samachar Limited Vs. Union of India (2011) 330 ITR 266 (P & H) reference was made to Section 292B and Section 139(9) of the Act. In the said case, return of income, filed by the company was signed by someone other than the authorized person. It was observed that the question was of removal of defect, which could be rectified. Reference was made to another decision of the Punjab and Haryana Hig…

M/S UNITECH LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, assessee’s appeals is allowed and revenue’s appeal is dismissed

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2009-10 M/S. Unitech Ltd., Vs. Additional Cit, 6-Community Centre, Range-18, Saket, New Delhi-1100 17 New Delhi. (Pan: Aaacu1482H) (Appellant) (Respondent) Assessment Year: 2009-10 Additional Cit, Vs. M/S. Unitech Ltd., Range-18, 6-Community Centre, New Delhi. Saket, New Delhi (Pan: Aaacu1482H) (Appellant) (Respondent) Assessee By: S/Shri Salil Aggarwal, Adv., Gautam And, Ca & Shjalesh Gupta, Ca Department By: S/Shri Dilip Shivpuri & Ruchir Bhatia, Government Standing Counsels Date Of Hearing : 12 .01.2016 Date Of Pronouncement: 08 :04.2016 Order Per I.C. Sudhir:These Cross Appeals Preferred By Assessee & Revenue Are Directed Against The Order Of Learned Cit(A)-Xxi, New Delhi Dated 16.8.2013 & Relate To Assessment Year 2009-10. 2. The Appellant-Assessee Is A Public Limited Company Engaged In The Business Of Construction & Development Of Real Estate Projects. For The Assessment Year Under Consideration, It Filed A Return Declaring An Income Of Rs. 922,30,17,671/- On 29.9.2009, Which Came To Be Assessed At An Income Of Rs. 3361,18,87,560/- In An Order Dated 1.8.2012 Under Section 143(3) Of The Act. On Appeal, Learned Cit(A) Granted Part Relief To The Appellant & Hence The Appeals Before Us.

…ction u/s 142(2A) of the Act. The AR placed reliance on case laws under the following propositions: “Proposition 1: Non speaking order u/s 142(2A) of the Act is an order vitiated in the eyes of law and thus, deserves to be quashed i) Hind Samachar Ltd. v ACIT 335 ITR 277 (P&H) ii) Prateek Resorts & Builders (P) Ltd. v ACIT 199 Taxman 140 (Mag) Proposition 2: Order passed without recording reasons is unsustainable, since recording of reason is meant to serve the under principle, that justice must not only be done but it must also appear to have been done i) Bal Kishan Dhawan (HUF) v UOI 366 ITR 639 (P&H) ii) Krant…

VINOD KUMAR KHATRI vs. DCIT

…ee that if the revised rectified return was filed beyond the time allowed by the AO, it should be treated as ‘non-est.’ He placed reliance on the 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 C…

VINOD KUMAR KHATRI vs. DEPUTY COMMISSIONER OF INCOME TAX

…ee that if the revised rectified return was filed beyond the time allowed by the AO, it should be treated as ‘non-est.’ He placed reliance on the 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 C…

COMMISSIONER OF INCOME TAX

…ITA Nos. 7/2006 + connected matters Page 1 of 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NOS. 7/2006, 2/2006, 3/2006, 4,2006, 5/2006, 8/2006, 10/2006, 11/2006, 17/2006 & 22/2006 Reserved on: 28th November, 2011 % Date of Decision: 8th February, 2012 COMMISSIONER OF INCOME TAX ...Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel and Mr. Amit Srivastava, Advocate. VERSUS M/S JAGAT NOVEL EXHIBITORS PRIVATE LIMITED…