PCIT v. Sahara India Life Insurance Co. Ltd.

Del Monte Foods Private Limited, New Delhi vs. ACIT Circle 9(1), New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1749/िद"ी/2024 (िन.व. 2007-08) Del Monte Foods P. Ltd., Bharti Crescent 1, Nelson Mandela Road, Vasant Kunj, Phase Ii, New Delhi 110070 ...... अपीलाथ"/Appellant Pan: Aaacf-8488-N बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 9(1), Cr Building, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : Shri Anil Bhalla, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Vivek Kumar Upadhyay, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 18/11/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 18/11/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 27.02.2024, For Assessment Year 2007-08. 2. Shri Anil Bhalla, Appearing On Behalf Of The Assessee Submits That During The Course Of Assessment Proceedings The Assessing Officer (Ao) Had Made Addition On Account Of Advances Written Off Amounting To Rs.3,20,34,757/- & Had Initiated

…आयकर अपीलीय अिधकरण िद"ी पीठ “बी”, िद"ी "ी िवकास अव"थी, "ाियक सद" एवं "ी एस "रफौर रहमान, लेखाकार सद" के सम" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER आअसं.1749/िद"ी/2024 (िन.व. 2007-08) Del Monte Foods P. Ltd., Bharti Crescent 1, Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi 110070 ...... अपीलाथ"/Appellant PAN: AAACF-8488-N बनाम Vs. Assistant Commissioner of Income Tax, ..... "ितवादी/Respondent Circle 9(1), CR Building, New Delhi 110002 अपीलाथ" "ारा/ Appellant by : Shri Anil Bhalla, Chartered Accounta…

Sudesh Gupta, New Delhi vs. ACIT, Circle- 5(1), New Delhi

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

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usa.Yr. : 2013-14 Sudesh Gupta, Vs. Acit, Circle 5(1), B-15, Kalindi Colony, Opp. Room No. G-15-B, C.R. Maharani Bagh, Building, New Delhi – 2 New Delhi (Pan: Aahpg5645G) (Appellant) (Respondent)

…lso placed reliance on a detailed case law compilation including the following case laws, wherein Tribunals, as well as jurisdictional High Court had passed the order in favour of the assessee on similar issue: - Pr. CIT vs. Sahara India Life Insurance [2021] 432 ITR 84 (DHC) - Pr. CIT vs. Blackroak Securities Pvt. Ltd. – ITA 658/2023 (DHC) - PCIT vs. Gopal Kumar Goyal [2023] 153 taxmann.com 534 (Delhi)] - Biotronic Medical Devices Pvt Ltd. vs. ACIT, ITA No. 9568/Del/2019. (Del-Trib) - MA Projects Private Limited vs. ACIT, ITA no. 1636/Del/2022 . (Del-Trib) 5. Per contra, Ld. DR relied upon the orders of the aut…

Splendor Landbase Ltd., New Delhi vs. ACIT, Central Circle- 3, New Delhi

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.6013/िद"ी/2017 (िन.व. 2011-12) M/S. Splendor Landbase Ltd., Unit No. 501-511, 5Th Floor, Splendor Forum, Jasola District Centre, New Delhi 110025 ...... अपीलाथ"/Appellant Pan: Aaeca-3986-E बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-3, New Delhi

…आयकर अपीलीय अिधकरण िद"ी पीठ “जी”, िद"ी "ी िवकास अव"थी, "ाियक सद" एवं "ी अवधेश कुमार िम"ा, लेखाकार सद" के सम" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER आअसं.6013/िद"ी/2017 (िन.व. 2011-12) M/s. Splendor Landbase Ltd., Unit No. 501-511, 5th Floor, Splendor Forum, Jasola District Centre, New Delhi 110025 ...... अपीलाथ"/Appellant PAN: AAECA-3986-E बनाम Vs. Assistant Commissioner of Income Tax, ..... "ितवादी/Respondent Central Circle-3, New Delhi अपीलाथ" "ारा/ Appellant by : Shri Ajay Wadhawa, Advocate Shri…

Assistant Commissiner of Income Tax, Delhi vs. Tata Teleservices Limited, Delhi

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumaracit, Vs. Tata Teleservices Ltd, 124, 10Th Floor, Jeevan Bharati Delhi Tower-I, Connaught Circus, Connaught Place, Delhi (Appellant) (Respondent) Pan:Aaact2438A Co No. 82/Del/2024 (In Ita No. 2759/Del/2024) (Assessment Year: 2007-08) Tata Teleservices Ltd, Vs. Acit, 124, 10Th Floor, Jeevan Delhi Bharati Tower-I, Connaught Circus, Connaught Place, Delhi (Appellant) (Respondent) Pan:Aaact2438A Assessee By : Ms. Ananya Kapoor, Adv Shri Divyanshu Singla, Ca Shri Prateek Chauhan, Ca Revenue By: Shri Rajesh Kumar, Cit Dr Date Of Hearing 09/10/2024 Date Of Pronouncement 11/10/2024 O R D E R Per M. Balaganesh, A. M.: 1. The Appeal In Ita No.2759/Del/2024 For Ay 2007-08, Arises Out Of The Order Of National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As „Ld. Nfac‟, In Short] In Appeal No. Itba/Nfac/S/250/2023-24/1063789663(1) Dated 31.03.2024 Against The Order Of Assessment Passed U/S 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Referred To As „The Act‟) Dated 30.03.2018 By The Assessing Officer, Acit, Circle-25(1), Delhi (Hereinafter Referred To As „Ld. Ao‟).

…; so we direct the Registry to place these two Tax Appeals before the Division Bench concerned for further adjudication.” 4. Similar view was taken by the Hon‟ble Jurisdictional High Court in the case of PCIT vs Sahara India Life Insurance Co. Ltd reported in 432 ITR 84(Del) wherein it was held as under:- “21. The Respondent had challenged the upholding of the penalty imposed under section 271(1) (c) of the Act, which was accepted by the ITAT. It followed the decision of the Karnataka High Court in CIT v. Manjunatha Cotton & Ginning Factory [2013] 35 taxmann.com 250/218 Taxman 423/359 ITR 565 and observed that t…

Late Paramjeet Singh Chawala (Gurneet Chawla Legal Heir), New Delhi vs. DCIT, Faridabad

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumarlate Paramjeet Singh Chawala Vs. Dcit, (Gurneet Chawla Legal Heir), Central Circle-Ii, C/O. R. C. Rai & Associates, Faridabad 203, 2Nd Floor, Akashdeep 26A, Barakhamba Road, New Delhi (Appellant) (Respondent) Pan:Acwpc3161C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER Late Paramjeet Singh Chawala Vs. DCIT, (Gurneet Chawla legal heir), Central circle-II, C/o. R. C. Rai & Associates, Faridabad 203, 2nd Floor, Akashdeep 26A, barakhamba Road, New Delhi (Appellant) (Respondent) PAN:ACWPC3161C Assessee by : Dr. Rakesh Gupta, Adv Shri Somil Agarwal, Adv Revenue by: Shri Rajesh Danesta, Sr. DR Date of Hearing 07/10/2024 Date of pronouncement 10/10/2024 O R D E R PER M. BALAGANESH, A. M.: The appeal in ITA No.2092/Del/2019 for AY 2010-11, arises…

Sector 113 Gatevida Private Limited (Formerly Knwon As Lemon Tree Land and Developers Private Limited), New Delhi vs. ACIT, Circle-4(1), Gurgaon

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

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareeksector 113 Gatevida Private Limited, Vs. Acit, Circle 4 (1), (Formerly Known As Lemon Tree Land & Gurgaon. Developers Private Limited), Plot No.6, J Block, Community Centre V, Rajouri Garden, New Delhi – 110 027. (Pan : Aaccl2552R) (Appellant) (Respondent) Assessee By : Shri Sukh Sagar Syal, Advocate Shri Nilay Jhaveri, Advocate Revenue By : Shri Dharm Veer Singh, Cit Dr Date Of Hearing : 20.08.2024 Date Of Order : 09.10.2024 Order Per S.Rifaur Rahman,Am:

…been specified in the notice, hence referring to various decisions including that of Hon’ble Bombay High Court in the case of Mr. Mohd. Farhan A. Shaikh vs. ACIT 434 ITR 1 (Bom)(FB) and Hon’ble Delhi High Court in PCIT vs. Sahara India Life Insurance Co. Ltd. 432 ITR 84 (Del.) & Pr. CIT vs. Gopal Kumar Goyal (2023) 153 taxmann.com 534 (Delhi), ld. Counsel for the assessee pleaded that the penalty order is liable to be quashed. 9. On the other hand, ld. DR for the Revenue objected to the above submissions and relied upon the orders of the authorities below. 10. Considered the rival submissions and perused the mat…

Sunil Kumar Nagar, Faridabad vs. ITO, Ward- 2(4), Faridabad

Accordingly, the appeal filed by the assessee being ITA No.2118/Del/2019 is allowed

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareek

…qua defective notice. He relied on the decisions of Hon'ble Bombay High Court (Full Bench at Goa) in the case of Mr. Mohd. Farhan A. Shaikh v. ACIT in Tax Appeal No. 51 and 57 of 2012 dated 11.03.2021 and Pr. CIT vs Sahara India Life Insurance Co. Ltd. [2021] 432 ITR 84 (Del.) 15. Considered the rival submissions and material placed on record. We observed that the Assessing Officer has received information from Central Circle in the case of M/s. Urbtech Group and in the said search, certain informations/incriminating material were found relating to the transaction between the assessee, his brother Anil Kumar and…

Sunil Kumar Nagar, Faridabad vs. ITO, Ward- 2(4), Faridabad

Accordingly, the appeal filed by the assessee being ITA No.2118/Del/2019 is allowed

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareek

…qua defective notice. He relied on the decisions of Hon'ble Bombay High Court (Full Bench at Goa) in the case of Mr. Mohd. Farhan A. Shaikh v. ACIT in Tax Appeal No. 51 and 57 of 2012 dated 11.03.2021 and Pr. CIT vs Sahara India Life Insurance Co. Ltd. [2021] 432 ITR 84 (Del.) 15. Considered the rival submissions and material placed on record. We observed that the Assessing Officer has received information from Central Circle in the case of M/s. Urbtech Group and in the said search, certain informations/incriminating material were found relating to the transaction between the assessee, his brother Anil Kumar and…

Pr. Commissioner of Income Tax (Central)-2 vs. Jaina Marketing and Associates

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

…section 270AA of the Act to the Petitioner. xxxx xxxx xxxx 13. The issue of not mentioning specific limb in the penalty notice is fully covered by the decision of the Hon'ble Delhi High Court in the case of Sahara India Life Insurance Ltd reported in 432 ITR 84 (Del) wherein it was held that: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:05:59 "21. The Respondent had challenged the upholding of the penalty imposed under section…

Pr. Commissioner of Income Tax (Central)-2 vs. Jaina Marketing and Associates

…section 270AA of the Act to the Petitioner. xxxx xxxx xxxx 13. The issue of not mentioning specific limb in the penalty notice is fully covered by the decision of the Hon'ble Delhi High Court in the case of Sahara India Life Insurance Ltd reported in 432 ITR 84 (Del) wherein it was held that: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:05:59 "21. The Respondent had challenged the upholding of the penalty imposed under section…

Sanjeev Kumar, Utter Pradesh vs. DCIT, Central Circle -14, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmasanjeev Kumar, Vs. Dcit, Ram Kutir, D. M. Central Circle-14, Colony, Road, New Delhi Bulandshahr, Uttar Pradesh (Appellant) (Respondent) Pan: Abbpk0132H

…ratio laid down in the aforesaid decision of Hon‟ble High Court squarely applies to the facts of the instant case before us. Similar view was taken by the Hon‟ble Jurisdictional High Court in the case of PCIT vs Sahara India Life Insurance Co. Ltd reported in 432 ITR 84 (Del). 5. Respectfully following the aforesaid judicial precedents, we direct the ld. AO to delete the penalty levied u/s 271(1)(c ) of the Act . 6. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 29/08/2024. - - (ANUBHAV SHARMA) ACCOUNTANT MEMBER Dated: 29/08/2024 A K Keot…

Chl Limited, New Delhi vs. ACIT, Circle-6(1), New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmam/S. Chl Ltd, Vs. Acit, Hotel The Surya, Circle-16(1), New Friends Colony, New Delhi New Delhi (Appellant) (Respondent) Pan:Aaacc2587M

…in the aforesaid decision of Hon‟ble High Court squarely applies to the facts of the instant case before us. Similar M/s. CHL Ltd view was taken by the Hon‟ble Jurisdictional High Court in the case of PCIT Vs. Sahara India Life Insurance Co. Ltd reported in 432 ITR 84 (Del). 5. Respectfully following the aforesaid judicial precedents, we direct the ld. AO to delete the penalty levied u/s 271(1)(c ) of the Act . 6. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 29/08/2024. - - (ANUBHAV SHARMA) ACCOUNTANT MEMBER Dated:29/08/2024 A K Keot…

Ajit Singh vs. ITO Ward-1, Gurgoan

In the result, appeal of the assessee is partly allowed as

Bench: Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.112/Del/2024 िनधा"रणवष"/Assessment Year: 2011-12 बनाम Ajit Singh Ito, H-35, First Floor, Jangpura Extn., Vs. Ward-1, 5Th Floor, Hsiidc Bldg., New Delhi. Pan No.Ahkpss666H Udhyog Vihar, Phase-5, Near Shankar Chowk, Gurgaon, Haryana. अपीलाथ" Appellant ""यथ"/Respondent

…AO to clearly indicate his satisfaction, as to which limb of section 271(l)(c) of the Act was triggered qua the respondent/assessee, placed reliance on the following judgments: Pr. CIT v. Sahara India Life Insurance Co. Ltd. [20191 108 taxmann.com 597/[2021] 432 ITR 84 (Delhi) and Mohd. Farhan A Sheikh v. Dy. CIT [20211 125 taxmann.com 253/280 Taxman 334/434 ITR 1 (Bom.) (FB). 13. Thus, having regard to the aforesaid, the Tribunal concluded, that the penalty order could not be sustained, 7 I.T.A.No.112/Del/2024 and consequently allowed the appeal of the respondent/assessee. 14. Mr Kumar, in support of his appe…

Principal Commissioner of Income Tax 1 vs. M/S Cellcast Interactive India Private Limited

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

…rtal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:21:53 18. Furthermore, the Tribunal also noted the coordinate bench judgment of this Court in PCIT v. Sahara India Life Insurance Company Ltd. (2021) 432 ITR 84 (Del.). 19. We may note, that even the assessment order dated 14.03.2015, whereby penalty proceedings were triggered, did not indicate as to which limb of Section 271(1)(c) was being triggered qua the petitioner. This is evident from the following observation made by the AO: “Penalty proceeding u/s 271(1)(c) is being initiated separately fo…

Principal Commissioner of Income Tax 1 vs. M/S Cellcast Interactive India Private Limited

…rtal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 14:00:34 18. Furthermore, the Tribunal also noted the coordinate bench judgment of this Court in PCIT v. Sahara India Life Insurance Company Ltd. (2021) 432 ITR 84 (Del.). 19. We may note, that even the assessment order dated 14.03.2015, whereby penalty proceedings were triggered, did not indicate as to which limb of Section 271(1)(c) was being triggered qua the petitioner. This is evident from the following observation made by the AO: “Penalty proceeding u/s 271(1)(c) is being initiated separately fo…

Ashok Kumar Gupta, New Delhi vs. DCIT, Central Circle-14, New Delhi

In the result grounds of appeal raised by assessee is allowed

Bench: Shri Kul Bharat & Dr.B.R.R.Kumar[Assessment Year : 2017-18] Ashok Kumar Gupta, Vs Dcit, C/O-Anil Jain Dd & Co., 611, Surya Central Circle-14, Kiran Building, 19 K.G.Marg, New Delhi. New Delhi-110001. Pan-Aaapg2240G Appellant Respondent Appellant By Shri Shivam Garg, Adv. & Shri Rahul Aggarwal, Ca Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 22.04.2024 Date Of Pronouncement 26.04.2024

…al in ITA No. 13/Mum/2023 in the case of Saltwater Studio LLP v. NFAC, Delhi vide order dated 22.5.2023 c) The Pune Bench of the Tribunal in ITA No. 54 & 55/Pune/2023 Kishore Digambar Patil v. ITO dated 23.6.2023 d) Sahara India Life Insurance Ltd reported in 432 ITR 84 (Del) e) Mohd. Farhan A Shaikh vs DCIT reported in 434 ITR 1 (Bom) (FB).” 7. On the other hand, Ld. Sr. DR for the Revenue opposed these submissions and supported the orders of the authorities below. 8. We have heard Ld. Authorized Representatives of the parties and perused the material available on record and gone through the orders of the autho…

Anil Kumar Lakhina, New Delhi vs. ACIT, Circle-30(1), New Delhi

In the result, appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.5405/Del/2018 िनधा"रणवष"/Assessment Year:2014-15 बनाम Anil Kumar Lakhina Acit 203, Nehru Place, New Delhi. Vs. Circle 30(1), Pan No.Aazpl4961G Room No.1302, 13Th Floor, Civic Centre, New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

…AO to clearly indicate his satisfaction, as to which limb of section 271(l)(c) of the Act was triggered qua the respondent/assessee, placed reliance on the following judgments: Pr. CIT v. Sahara India Life Insurance Co. Ltd. [20191 108 taxmann.com 597/[2021] 432 ITR 84 (Delhi) and Mohd. Farhan A Sheikh v. Dy. CIT [20211 125 taxmann.com 253/280 Taxman 334/434 ITR 1 (Bom.) (FB). 13. Thus, having regard to the aforesaid, the Tribunal concluded, that the penalty order could not be sustained, and consequently allowed the appeal of the respondent/assessee. 14. Mr Kumar, in support of his appeal, has vehemently argued…

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

…ng of specific limb of offence in the penalty show cause notice. 13. The issue of not mentioning specific limb in the penalty notice is fully covered by the decision of the Hon’ble Delhi High Court in the case of Sahara India Life Insurance Ltd reported in 432 ITR 84 (Del) wherein it was held that:- “21. The Respondent had challenged the upholding of the penalty imposed under section 271(1) (c) of the Act, which was accepted by the ITAT. It followed the decision of the Karnataka High Court in CIT v. Manjunatha Cotton & Ginning Factory [2013] 35 taxmann.com 250/218 Taxman 423/359 ITR 565 and observed that the…

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

…ng of specific limb of offence in the penalty show cause notice. 13. The issue of not mentioning specific limb in the penalty notice is fully covered by the decision of the Hon’ble Delhi High Court in the case of Sahara India Life Insurance Ltd reported in 432 ITR 84 (Del) wherein it was held that:- “21. The Respondent had challenged the upholding of the penalty imposed under section 271(1) (c) of the Act, which was accepted by the ITAT. It followed the decision of the Karnataka High Court in CIT v. Manjunatha Cotton & Ginning Factory [2013] 35 taxmann.com 250/218 Taxman 423/359 ITR 565 and observed that the…