New Holland Tractors (India) Private Limited v. The Commissioner of Income

DCIT, Circle 22(2), New Delhi vs. Sahil Vachani, Delhi

Appeal of the Revenue stands dismissed

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Vikas Awasthy& Shriavdhesh Kumar Mishraआअसं.2604/िद"ी/2023(िन.व. 2016-17)

…the return of income and where such claim was correct at such point of time. Ld. Counsel also relied upon the decision of the Hon’ble Delhi High Court in the case of CIT vs. Neenu Dutta [2013] 357 ITR 525; New Holland Tractors (India) Pvt. Ltd. vs. CIT [2015] 275 CTR 291; and Pawan Garg vs. ACIT [2022] 94 ITR (T) 159 (ITAT, Chandigarh Tribunal). 7.3 On the other hand, Ld. SR. DR submitted that the assessee sold shares of Dixon Appliances P Ltd. against which the deduction 54F of the Act was claimed by the assessee on 20.07.2015, hence, the assessee must have purchased a residential house on or before 19.07.2018.…

Ishita Technologies Pvt. Ltd., Delhi vs. DCIT, New Delhi

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

…DCIT 2019-TIOL-1628-ITAT-DEL, Sundaram Finance Ltd. vs. CIT (2018) 99 taxmann.com 152 (SC), Sundaram Finance Ltd. vs. CIT (2018) 403 ITR 407 (Madras), CIT vs. Smt. Kaushalya (1995) 216 ITR 660 (Bom.), New Holland Tractors (India) (O) Ltd. vs. CIT (2015) 275 CTR 291 (Delhi), Trimuti Engineering Works vs. ITO (2012) 138 ITD 189 (Delhi), Hybrid Rice International Pvt. Ltd. vs. CIT in ITA No.285/Del/2007, Earthmoving Equipment Service Corporation vs. DCIT (2017) 166 ITD 113 (Mumbai), DCIT vs. Shah Rukh Khan (2018) 93 taxmann.com 320 (Mumbai-Trib.) etc. and contended that when 5 ITA No.2789/Del./2017 in th…

P.K.Cotton Mills Pvt. Ltd., Meerut vs. Pr.CIT, Meerut

The appeal of the assessee is allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6039/Del/2017 (A.Y 2008-09) (Through Physical Hearing) P. K. Cotton Mills Pvt. Ltd. Vs Pr. Cit C/O. Rra Tax India, D-28, Meerut, South Extension, Part-1, New Uttar Pradesh Delhi Aadcp4270D (Appellant) (Respondent)

…TOIL- 1628-ITAT-Del) b) Sundaram Finance Ltd. vs. CIT (2018) 99 taxmann.com 152 (SC) c) Sundaram Finance Ltd. vs. CIT (2018) 93 taxmann.com 250 (Mad. HC) d) CIT vs. Smt. Kaushalya (1995) 216 ITR 660 (Bom) e) New Holland Tractors (India) P. Ltd. vs. CIT (2015) 275 CTR 291(Del) f) Trimurti Engineering Works vs. ITO (2012) 138 ITD 189 (Del) 6 g) Hybrid Rice International Pvt. Ltd. vs. CIT (ITA No. 285/Del/2007) h) Earthmoving Equipment Service Corporation vs. DCIT (2017) 166 ITD 113 (Mum Tri.) i) DCIT vs. Shah Rukh Khan (2018) 93 taxmann.com 320 (Mum Tri.) j) Dhanraj Mills Pvt. Ltd. vs. ACIT ITA No. 3830 & 3833/Mum…

Quippo Telecom Infrastructure Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA number 2191/del/2017 for assessment year 2010 – 11 is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2191& 2006/Del/2017 (Assessment Year: 2010-11) Quippo Telecom Infrastructure Vs. The Assistant Commissioner Pvt. Ltd, of Income Tax , D-2, 5th Floor, Sourthern Park, Circle-19(1), Saket Place, New Delhi New Delhi PAN: AAACQ1279N (Appellant) (Respondent) Assessee by : Shri Ajay Vohra, Sr. Adv Shri Divyan Mittal, CA Revenue by: Smt Sulekha Verma, CIT DR Date of Hearing 13/12/2019 Date of pronouncement 06/03/2020 O R D E R PER PRASHANT MAHARISHI, A. M. 1. These a…

Quippo Telecom Infrastructure Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA number 2191/del/2017 for assessment year 2010 – 11 is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2191& 2006/Del/2017 (Assessment Year: 2010-11) Quippo Telecom Infrastructure Vs. The Assistant Commissioner Pvt. Ltd, of Income Tax , D-2, 5th Floor, Sourthern Park, Circle-19(1), Saket Place, New Delhi New Delhi PAN: AAACQ1279N (Appellant) (Respondent) Assessee by : Shri Ajay Vohra, Sr. Adv Shri Divyan Mittal, CA Revenue by: Smt Sulekha Verma, CIT DR Date of Hearing 13/12/2019 Date of pronouncement 06/03/2020 O R D E R PER PRASHANT MAHARISHI, A. M. 1. These a…

Oriental Structural Engineers Pvt. Ltd., New Delhi vs. ACIT, New Delhi

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

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…taxmann.com 250 (Madras)/[2018] 403 ITR 407 (Madras) iii. CIT Vs. Smt. Kaushalya [1994] 75 Taxman 549 (Bombay)/[1995] 216 ITR 660 (Bombay) iv. New Holland Tractors (India) (P.) Ltd. Vs. CIT [2014] 49 taxmann.com 573 (Delhi)/[2015] 228 Taxman 66 (Delhi)/[2015] 275 CTR 291 (Delhi) v. Trimurti Engineering Works Vs. ITO [2012] 25 taxmann.com 363 (Delhi)/[2012] 138 ITD 189 (Delhi)/[2012] 150 TTJ 195 (Delhi) vi. Hybrid Rice International Pvt. Ltd. Vs. CIT (ITA No. 285/2007) vii. Earthmoving Equipment Service Corporation Vs. DCIT {2017} 84 Taxmann.com 51 (Mumbai – Trib.)/[2017] 166 ITD 113 (Mumbai – Trib.)/[2017] 187 TT…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

…ssment years 1968-69 to 1969-70 were perfectly valid and there was no justification for quashing same on ground of absence of jurisdiction. 4. New Holland Tractors (India) (P.) Ltd. Vs CIT [2014] 49 taxmann.com 573 (Delhi)/[2015] 228 Taxman 66 (Delhi)/[2015] 275 CTR 291 (Delhi) where Hon’ble Delhi High Court held as follows: “Coming to the question of penalty imposed under section 271(1)(c), it was held in quantum proceedings that the assessee was wrong in not offering the whole or entire amount of the technical fee for tax in the year of receipt. But, it does not follow that penalty for concealment must be imp…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

…ssment years 1968-69 to 1969-70 were perfectly valid and there was no justification for quashing same on ground of absence of jurisdiction. 4. New Holland Tractors (India) (P.) Ltd. Vs CIT [2014] 49 taxmann.com 573 (Delhi)/[2015] 228 Taxman 66 (Delhi)/[2015] 275 CTR 291 (Delhi) where Hon’ble Delhi High Court held as follows: “Coming to the question of penalty imposed under section 271(1)(c), it was held in quantum proceedings that the assessee was wrong in not offering the whole or entire amount of the technical fee for tax in the year of receipt. But, it does not follow that penalty for concealment must be imp…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

…ssment years 1968-69 to 1969-70 were perfectly valid and there was no justification for quashing same on ground of absence of jurisdiction. 4. New Holland Tractors (India) (P.) Ltd. Vs CIT [2014] 49 taxmann.com 573 (Delhi)/[2015] 228 Taxman 66 (Delhi)/[2015] 275 CTR 291 (Delhi) where Hon’ble Delhi High Court held as follows: “Coming to the question of penalty imposed under section 271(1)(c), it was held in quantum proceedings that the assessee was wrong in not offering the whole or entire amount of the technical fee for tax in the year of receipt. But, it does not follow that penalty for concealment must be imp…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

…ssment years 1968-69 to 1969-70 were perfectly valid and there was no justification for quashing same on ground of absence of jurisdiction. 4. New Holland Tractors (India) (P.) Ltd. Vs CIT [2014] 49 taxmann.com 573 (Delhi)/[2015] 228 Taxman 66 (Delhi)/[2015] 275 CTR 291 (Delhi) where Hon’ble Delhi High Court held as follows: “Coming to the question of penalty imposed under section 271(1)(c), it was held in quantum proceedings that the assessee was wrong in not offering the whole or entire amount of the technical fee for tax in the year of receipt. But, it does not follow that penalty for concealment must be imp…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

…ssment years 1968-69 to 1969-70 were perfectly valid and there was no justification for quashing same on ground of absence of jurisdiction. 4. New Holland Tractors (India) (P.) Ltd. Vs CIT [2014] 49 taxmann.com 573 (Delhi)/[2015] 228 Taxman 66 (Delhi)/[2015] 275 CTR 291 (Delhi) where Hon’ble Delhi High Court held as follows: “Coming to the question of penalty imposed under section 271(1)(c), it was held in quantum proceedings that the assessee was wrong in not offering the whole or entire amount of the technical fee for tax in the year of receipt. But, it does not follow that penalty for concealment must be imp…

Pr.Commissioner of Income Tax-6 vs. National Housing Bank

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

…were under a genuine belief that they were entitled to benefit of the said deduction. Appropriate for this case are the observations of the Delhi High Court in New Holland Tractors (India) Private Limited Vs. The Commissioner of Income -tax Delhi (2015) 275 CTR 291, wherein it was held as under: ITA No. 625/2017+connected Page 16 of 16 “Test of bona fide has to be applied keeping in mind the position as it existed, when the return of income was filed. The Act, i.e. the Income Tax Act, is a complex legislation involvin…

Pr. Commissioner of Income Tax -6 vs. National Housing Bank

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

…were under a genuine belief that they were entitled to benefit of the said deduction. Appropriate for this case are the observations of the Delhi High Court in New Holland Tractors (India) Private Limited Vs. The Commissioner of Income -tax Delhi (2015) 275 CTR 291, wherein it was held as under: ITA No. 625/2017+connected Page 16 of 16 “Test of bona fide has to be applied keeping in mind the position as it existed, when the return of income was filed. The Act, i.e. the Income Tax Act, is a complex legislation involvin…

Pr.Commissioner of Income Tax-6 vs. National Housing Bank

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

…were under a genuine belief that they were entitled to benefit of the said deduction. Appropriate for this case are the observations of the Delhi High Court in New Holland Tractors (India) Private Limited Vs. The Commissioner of Income -tax Delhi (2015) 275 CTR 291, wherein it was held as under: ITA No. 625/2017+connected Page 16 of 16 “Test of bona fide has to be applied keeping in mind the position as it existed, when the return of income was filed. The Act, i.e. the Income Tax Act, is a complex legislation involvin…

Pr.Commissioner of Income Tax -6 vs. National Housing Bank

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

…were under a genuine belief that they were entitled to benefit of the said deduction. Appropriate for this case are the observations of the Delhi High Court in New Holland Tractors (India) Private Limited Vs. The Commissioner of Income -tax Delhi (2015) 275 CTR 291, wherein it was held as under: ITA No. 625/2017+connected Page 16 of 16 “Test of bona fide has to be applied keeping in mind the position as it existed, when the return of income was filed. The Act, i.e. the Income Tax Act, is a complex legislation involvin…

Pr. Commissioner of Income Tax-6 vs. National Housing Bank

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

…were under a genuine belief that they were entitled to benefit of the said deduction. Appropriate for this case are the observations of the Delhi High Court in New Holland Tractors (India) Private Limited Vs. The Commissioner of Income -tax Delhi (2015) 275 CTR 291, wherein it was held as under: ITA No. 625/2017+connected Page 16 of 16 “Test of bona fide has to be applied keeping in mind the position as it existed, when the return of income was filed. The Act, i.e. the Income Tax Act, is a complex legislation involvin…

Unicons India (P) Ltd., Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is dismissed

Bench: Shri Before Shri G.D. Agrawalbefore Shri Before Shri G.D. Agrawalg.D. Agrawal & G.D. Agrawal & And & Shri Chandra Mohan Garg Shri Chandra Mohan Gargshri Chandra Mohan Garg Shri Chandra Mohan Garg

…upon the following decisions :- (i) CIT Vs. Reliance Petroproducts Pvt.Ltd. – [2010] 322 ITR 158 (SC). (ii) Chambal Fertilisers & Chemicals Ltd. Vs. ACIT – [2014] 112 DTR (Jp)(Trib) 140. (iii) New Holland Tractors (India) (P.) Ltd. Vs. CIT, Delhi-V – [2015] 275 CTR 291 (Delhi). (iv) Decision of ITAT Ahmedabad Bench in the case of Ruchi Developers Vs. ITO in ITA No.3348/Ahd/2010. He, therefore, submitted that the penalty levied u/s 271(1)(c) may be cancelled. 7. Learned DR, on the other hand, stated that the decision of Ruchi Developers (supra) is not applicable because the facts in the said case are altogether…