ACIT, CIRCLE 1(1), CHANDIGARH vs. M/S SML ISUZU LTD., CHANDIGARH

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Capital and Debt Market Ltd. v. ACIT: 118 TTJ 351 (Mum ITAT) - Angel Commodities Broking (P.) Ltd. v. DCIT: 164 TTJ 275 (Mum ITAT) - FedEx Express Transportation & Supply Chain Services India (P.) Ltd. v. DCIT: 169 TTJ 732 (Mum. Trib.) - Bhavik Rajesh Khandra Share and Stock Brokers (P) Ltd. vs DCIT: 8 ITR(Trib) 155 (Mum. Trib) - Kisan Ratilal Choksey

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA , LUDHIANA vs. ROSHA ALLOYS PVT. LTD., MANDI GOBINDGARH

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

147\nwithout any reason would, apart from being contrary to the\naforestated rule of law, also fall foul of Article 14 as he is expected to\nact reasonably. The requirement to act reasonably being in-built into\nthe amended provision, an act in variance with the same is\nunsustainable. Therefore, I am of the considered view that the\nAssessing Officer

ROSHA ALLOYS P LIMITED, AMLOH ROAD, VILLAGE TURAN, MANDI GOBINDGARH,PUNJAB vs. DCIT CENTRAL CIRCLE 1, LUDHIANA, PUNJAB

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

147\nwithout any reason would, apart from being contrary to the\naforestated rule of law, also fall foul of Article 14 as he is expected to\nact reasonably. The requirement to act reasonably being in-built into\nthe amended provision, an act in variance with the same is\nunsustainable. Therefore, I am of the considered view that the\nAssessing Officer

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA , LUDHIANA vs. ROSHA ALLOYS PVT. LTD., MANDI GOBINDGARH

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

147\nwithout any reason would, apart from being contrary to the\naforestated rule of law, also fall foul of Article 14 as he is expected to\nact reasonably. The requirement to act reasonably being in-built into\nthe amended provision, an act in variance with the same is\nunsustainable. Therefore, I am of the considered view that the\nAssessing Officer

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA , LUDHIANA vs. ROSHA ALLOYS PVT. LTD., MANDI GOBINDGARH

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

147\nwithout any reason would, apart from being contrary to the\naforestated rule of law, also fall foul of Article 14 as he is expected to\nact reasonably. The requirement to act reasonably being in-built into\nthe amended provision, an act in variance with the same is\nunsustainable. Therefore, I am of the considered view that the\nAssessing Officer

AJMER SINGH,MOHALI vs. ITO, W-6(5), MOHAL

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

section (2) contended for on behalf of the Revenue were accepted, such difference would also be liable to be added as part of capital gains taxable under the provisions of the Income Tax Act, 1961. This would be an anomalous result which could never have been contemplated by the legislature, since the Income Tax Act, 1961 and the Gift

AJMER SINGH,MOHALI vs. ITO, W-6(5), MOHAL

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

section (2) contended for on behalf of the Revenue were accepted, such difference would also be liable to be added as part of capital gains taxable under the provisions of the Income Tax Act, 1961. This would be an anomalous result which could never have been contemplated by the legislature, since the Income Tax Act, 1961 and the Gift

ITO, W-6(5), MOHALI vs. SMT. GURDEV KAUR, KHARAR

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

section (2) contended for on behalf of the Revenue were accepted, such difference would also be liable to be added as part of capital gains taxable under the provisions of the Income Tax Act, 1961. This would be an anomalous result which could never have been contemplated by the legislature, since the Income Tax Act, 1961 and the Gift

SMT. TEENA GARG,CHANDIGARH vs. PCIT, PANCHKULA

In the result, appeal of the assessee is allowed

capital gain during the F.Y 2014-15\nrelevant to the A.Y. 2015-16.\n\n\n2.2 By taking note of the aforesaid, the case of the assessee was\nreopened under Section 147

SHRI MOHAN LAL GUPTA,SHIMLA vs. PR.CIT-1, CHANDIGARH

In the result, appeal of the Assessee is partly allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

section 143(3) r.w.s 147 of the Act, the AO brought to tax capital gains on sale of the land

SH. VIBHAV JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. SANJAY GARG (Judicial Member), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. AKHIL JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. BIPAN JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH vs. WINSOME TEXTILE INDUSTRIES LTD, CHANDIGARH

gains earned\nby the assessee on GDR proceeds which were not repatriated to India\nimmediately and thus income has escaped assessment and notice under\nsection 148 was issued on 26/03/2017. Thereafter after considering the\nsubmissions filed by the assessee, the AO framed the assessment under section\n143(3) r.w.s 147 vide order dt. 12/10/2017 accepting the return of income,\nwithout

BALDEEP SINGH,CHANDIGARH vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-5(1), CHANDIGARH, CHANDIGARH

In the result, Assessee’s appeal is allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 199/Chd/2025 "नधा"रण वष" / Assessment Year : 2012-13 Baldeep Singh, The Acit, C/O Tej Mohan Singh, बनाम Circle 5(1), Advocate Chandigarh Vs. #527, Sector 10-D. Chandigarh "थायी लेखा सं./Pan No: Adyps3636F अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Sh. Vivek Varadhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 03.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.09.2025 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 10.01.2025 Of Addl./Jcit(A)-1. Nagpur For The A.Y. 2012-13. 2. Grounds Of Appeal Are As Under: -

147 r.w.s of the Act without satisfying the statutory pre-conditions required for initiation of proceedings and completion of assessment and as such, the same are without jurisdiction and hence deserve to be quashed as such. 2. That the Ld. Commissioner of Income Tax (Appeals) has failed to appreciate that there was no tangible material on record to form

SHEO RAM,YAMUNA NAGAR vs. INCOME TAX OFFICER WARD-4 , YAMUNA NAGAR

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

Section 148 dated 13.09.2012. The AO has thereafter passed an assessment order on 30.03.2014 whereby LTCG liability was determined in the hands of the assessee. Such gain was determined at Rs.3,68,96,060/-. 3. Dissatisfied with the assessment order, assessee carried the matter in appeal before the CIT(A) and ultimately it travelled upto the Tribunal vide

SURESH KUMAR,YAMUNANAGAR vs. ITO, W-4, YAMUNANAGAR

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

147 of income Tax act 3 CIT Vs Goyanka Lime & Chemicals Ltd MP high Court 4 ITAT Chandigarh bench in case of Shri Tek Chand ITA no 255/2020 5 DY CIT Vs Simlex Concrete Piles (India) Limited Supreme court 6 Telco dadji Dhackjee Vs DCIT ITAT Mumbai 7 Delta Air lines INC Vs ITO A.Y.2015-16 5 6.1 The copies