M/s. Mahavir Spinning Mills v. CIT

Ramotar Singh HUF, Rewari vs. ITO, Ward- 2, Rewari

In the result, the appeal filed by the assesee is allowed

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2012-13 Ramotar Singh, Huf, Vs Ito, Rewari Ward-2, C/O Naresh Singh Chauhan, Advocate, Rewari. 1035-P, Sector-3, Part Ii, Near Ganeshi Lal Dharmshala, Rewari, Haryana. Pan: Aashr5279J (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate. Revenue By : Ms Rakhi Vimal, Sr. Dr Date Of Hearing : 16.07.2020 Date Of Pronouncement : 21.08.2020 Order Per R.K. Panda, Am:

…3) is illegal and invalid. 9.1 Referring to the decision of the Hon’ble Delhi High Court in the case of Haryana Acrylic Manufacturing Company Ltd. vs. CIT, 308 ITR 38; the decisions of Punjab & Haryana High Court in the case of Duli Chand Singhania vs. ACIT, 269 ITR 192; in the case of Mahavir Spinning Mills Ltd. vs. CIT, 270 ITR 290; Winsome Textile Industries Ltd. vs. UOI, 278 ITR 470 and various other decisions, he submitted that when the original assessment was completed u/s 143(3), reopening of the assessment u/s 147/148 of the Act beyond a period of four years from the end of the relevant assessment year i…

M/S. Mkm Finsec (P) Ltd., New Delhi vs. ITO, New Delhi

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

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[A.Y 2001-02]

…d 2-3-2005 are without jurisdiction as no action under section 147 could be taken beyond the four year period in the circumstances narrated above. 9. A similar view was taken by the Hon’ble High Court of Punjab and Harayana in the case of Dulichand Singhania 269 ITR 192, the relevant part reads as under:- “13. The entire thrust of the findings recorded by the AO in his order dt. 13th March, 2003 is to justify his satisfaction about escapement of income. According to him, it was a clear case of escapement of income as defined in Expln. 2 to Section 147 as the assessee had been allowed ITA No. 98/RPR/2012 & C.O.…

Jindal Steel & Power Ltd., New Delhi vs. DCIT, Gurgaon

In the result, the reassessment is held to be bad in law the appeal of the assessee on this point is allowed

Bench: Sh. N. K. Billaiya & Sh. Kuldip Singhassessment Year: 2008-09 Jindal Steel & Power Ltd. Dcit Circle -1 (1), 5Th Floor, Jindal Centre Vs 12, Bhikaji Cama Place Hsidc Building, New Delhi – 110066 Vanijya Nikunj, Udyog Pan : Aaacj7097D Vihar, Phase-V, Gurgaon (Appellant) (Respondent)

…ailed submissions on eligibility / merits and quantum of the claims were made before the Assessing Officer during the course of original assessment proceedings. 13. The Hon’ble Jurisdictional High Court of Punjab & Haryana in the case of Duli Chand Singhania 269 ITR 192 has held as under :- “13. The entire thrust of the findings recorded by the Assessing Officer in his order dated 13-3-2003 is to justify his satisfaction about escapement of income. According to him, it was a clear case of escapement of income as defined in Explanation-2 to section 147 as the assessee had been allowed excessive relief under sect…

Turner Broadcasting System Asia Pacific, Inc., New Delhi vs. DCIT, New Delhi

The appeal of the assessee stands allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Turner Broadcasting System Asia Vs Dcit, Pacific Inc. Circle 3(1)(2), C/O Pricewaterhosue Coopers (P) Ltd., International Sucheta Bhawan, Gate No.2, Taxation, 1St Floor, 11-A, New Delhi. Vishnu Digamber Marg, New Delhi. (Pan: Aabct6254F) (Appellant) (Respondent) Assessee By: Shri Kanchan Kaushal, Fca Shri Rishabh Malhotra, Ar Department By: Shri G.K. Dhall, Sr. Dr Date Of Hearing: 23.08.2018 Date Of Pronouncement : 20.11.2018

…taking action after the said four year period remains unfulfilled. In our recent decision in Wel Intertrade Private Ltd. (2009) 308 ITR 22 (Del.) we had agreed with the view taken by the Punjab and Haryana High Court in the case of Duli Chand Singhania (2004) 269 ITR 192 that, in the absence of an allegation in the reasons recorded that the escapement of income had occurred by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment, any action taken by the Assessing Officer u/s 147 beyond the four year period would be wholly without jurisdiction. R…

M/S. Dsc Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee is allowed

Bench: Shri. N. K. Saini & Shri K. Narasimha Charyassessment Year:2006-07 M/S Dsc Ltd., Vs Dcit, Central Circle -15, E-9, 3Rd Floor, Ndse Part-2, New Delhi. New Delhi. Pan Aaacd0003D ( Appellant) (Respondent) Appellant By: Shri Salil Aggarwal, Advocate Shri Shailesh Gupta, Advocate Shri Madhur Aggarwal, Advocate Respondent By: Ms Ashmia Neb, Sr. Dr Date Of Hearing: 10.10.2018 Date Of Pronouncement: 31 .10.2018 O R D E R Per Narasimha K. Chary, Jm This Is An Appeal By The Assessee Against The Order Dated 10Th November 2014 In Appeal No.97/2014-15 Of The Ld. Commissioner Of Income-Tax (Appeals)-Ii, New Delhi For Asstt. Year 2006-07. 2. Brief Facts Of The Case Are That The Assessee Is A Company Engaged In The Execution Of Contractual Works Including The Extension Of Widening Of Highways, Construction Of Flyovers, Culverts

…risdiction as no action u/s 147 could be taken beyond the four year's period in the circumstances narrated above. ” 15. While following the decision in the case of Wel Intertrade P. Ltd vs ITO (2009) 308 ITR 22 (Delhi) and Duli Chand Singhania Vs. ACIT (2004) 269 ITR 192 (P&H) for the principle that in the absence of an allegations that escapement of income had occurred by reason of failure on the part of the assessee to disclose fully and truly all the material facts necessary for his assessment, which is a “sine qua non” for assuming jurisdiction under section 147 of the Act in a case falling under the proviso…

ACIT, New Delhi vs. M/S. Quality Sales Promotion 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, Quality Sales Promotion Pvt. Ltd., New Delhi. 13, Ground Floor, Room No.5, Vs. B.B. Ganguli Street, Punarnava, Kolkata.

…147 of the said Act had not been satisfied. In this connection, it may be relevant to note one decision, although there are several others. The said decision is that of the Punjab and Haryana High Court in the case of Duli Chand Singhania v. Asst. CIT [2004] 269 ITR 192. In the said decision, the High Court of Punjab and Haryana was faced with a similar situation. The court noted that there was not even a whisper of an allegation that the escapement in income had occurred by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment. The court observ…

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.

…147 of the said Act had not been satisfied. In this connection, it may be relevant to note one decision, although there are several others. The said decision is that of the Punjab and Haryana High Court in the case of Duli Chand Singhania v. Asst. CIT [2004] 269 ITR 192. In the said decision, the High Court of Punjab and Haryana was faced with a similar situation. The court noted that there was not even a whisper of an allegation that the escapement in income had occurred by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment. The court observ…

DCIT, Faridabad vs. M/S. Voith Paper Fabrics India Ltd., Faridabad

In the result appeal of the revenue is dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishidcit, Voith Paper Fabrics India Ltd, Vs. Circle-Ii, Block-B, Plot No. 113-114A, New Cgo Complex, Sector-24, Faridabad Faridabad Pan: Aabcp0441Q (Appellant) (Respondent)

…make return u/s 139 etc. ,or by reason of failure on part of assessee to disclose fully and truly all material facts necessary for his assessment. The same has been explained in detail by the territorial High court in the case of Duilichand Singhania Vs ACIT 269 ITR 192 (P&H) Similar view was taken by Hon'ble Delhi High Court In Case of Suren International Pyt. Ltd. 357 ITR 24. 13. The section essentially deals with income escaping assessment. It empowers the AO to reopen the proceedings if he has reason to believe that the whole income or part of the income has not been taken into consideration during assessmen…

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

In the result, the appeal of the assessee is allowed

Bench: S.V. Mehrotra

…aking action after the said four year period remains unfulfilled. In our recent decision in Wel Intertrade Private Ltd. [2009] 308 ITR 22 (Delhi) we had agreed with the view taken by the Punjab and Haryana High Court in the case of Duli Chand Singhania [2004] 269 ITR 192 that, in the absence of an allegation in the reasons recorded that the escapement of income had occurred by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment, any action taken by the Assessing Officer under section 147 beyond the four year period would be wholly without juris…

Sh. Kultaj Kataria, New Delhi vs. ITO, Gurgaon

In the result, the appeal of the assessee is allowed

Bench: Shri P.K. Bansal & Shri K.N. Chary

…m to have come in possession of new material to form the basis for the belief that income escaped assessment. 9. Reliance is placed on the decisions reported in Wel Intertrade P. Ltd vs ITO (2009) 308 ITR 22 (Delhi) and Duli Chand Singhania Vs. ACIT (2004) 269 ITR 192 (P&H) for the principle that in the absence of an allegations that escapement of income had occurred by reason of failure on the part of the assessee to disclose fully and truly all the material facts necessary for his assessment, which is a “sine qua non” for assuming jurisdiction under section 147 of the Act in a case falling under the proviso…

Jindal Pipes Ltd., New Delhi vs. ACIT, New Delhi

The appeal of the assessee is allowed

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Jindal Pipes Ltd., Vs Acit, Plot No.5, 2Nd Floor, Circle 4(1), Pusa Road, New Delhi. New Delhi. (Pan: Aaacj2055K)

…ns I.T.A. No. 2654/Del/2013 Assessment year 2004-05 unfulfilled. In our recent decision in Wel Intertrade Private Ltd. (2009) 308 ITR 22 (Del.) we had agreed with the view taken by the Punjab and Haryana High Court in the case of Duli Chand Singhania (2004) 269 ITR 192 that, in the absence of an allegation in the reasons recorded that the escapement of income had occurred by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment, any action taken by the Assessing Officer u/s 147 beyond the four year period would be wholly without jurisdiction. R…

Commissioner of Income Tax - III

…7 of the said Act had not been satisfied. In this connection, it may be relevant to note one decision, although there are several others. The said decision is that of the Punjab and Haryana High Court in the case of Duli Chand Singhania v. Asstt. CIT : (2004) 269 ITR 192. In the said decision, the High Court of Punjab and Haryana was faced with a similar situation. The court noted that there was not even a whisper of an allegation that the escapement in income had occurred by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment. The court observ…