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)

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 143

EXOTIC REALTORS AND DEVELOPERS,CHANDIGARH vs. PR.CIT-1, CHANDIGARH

In the result, appeal of the assessee is allowed

Bench: SHRI. KRINWANT SAHAY (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

143 (3) dt. 12/06/2020. However, the Ld. DR by extra written submissions dt. 22/07/2024 has placed reliance on Special Bench judgement of ITAT in case of Rajalakshmi Mills Ltd. Vs. ITO, Company Circle-III, Coimbatore reported in [2009] 121 ITD 343 (Chennai) to demonstrate that it is not necessary under section 263 for PCIT to make any enquiry before cancelling

S.P. SINGLA CONSTRUCTION PRIVATE LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH

In the result, the appeal is allowed

Bench: SHRI MAHAVIR SINGH (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this Section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under Sub-section (3) of Section 143

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

143(3) for A. Ys.2011-12 to\n2014-15.\nIn this regard, it is pertinent to mention here the provisions of Section 147 which\nreads as under:\n\"If the assessing office has reason to believe that any income chargeable to tax\nhas escaped assessment for any assessment year, he may, subject to the\nprovisions of Section 148 to 153, assessee

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)

143(3) of the Act and not from the end of the financial year from passing of the subsequent reassessment order under section 147 of the Act. 25. In this regard, useful guidance can be drawn from the decision of Hon’ble Supreme Court in case of CIT Vs. Alagendran Finance Ltd. [2007] 162 Taxman 465. The issue which arose

M/S NOVA IRON AND STEEL LTD.,CHANDIGARH vs. DCIT, CC-1, CHANDIGARH

Appeal of the assessee is partly allowed

Bench: Filing Of Income Tax Return.

depreciation at Rs. 1,03,13,420/- as against correct claim of Rs. 89,96,72,987/- as was duly disclosed in the Tax Audit Report (TAR). This fact was also placed before CPC Bengaluru, in response to proposed adjustment under section 143

A.B. SUGARS LIMITED,PUNJAB vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, CHANDIGARH

In the result, the appeal of the assessee is allowed

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

Depreciation Chart of Power Division (Eligible Unit) & Other Divisions (Non- Eligible Units) as per Income Tax Rules. H. Copy of Profit & Loss Account of Power Division (Eligible Unit) as at 31.03.2017. 1. Copy of Order passed u/s 143(3) dated 21.04.2021.” 8. Thereafter, another submission was filed by the assessee dt. 07/02/2024 and the contents thereof read as under

A.B. SUGARS LIMITED,PUNJAB vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, CHANDIGARH, CHANDIGARH

In the result, the appeal of the assessee is allowed

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

Depreciation Chart of Power Division (Eligible Unit) & Other Divisions (Non- Eligible Units) as per Income Tax Rules. H. Copy of Profit & Loss Account of Power Division (Eligible Unit) as at 31.03.2017. 1. Copy of Order passed u/s 143(3) dated 21.04.2021.” 8. Thereafter, another submission was filed by the assessee dt. 07/02/2024 and the contents thereof read as under

ARYA COLLEGE,LUDHIANA, PUNJAB vs. DCIT, EXEMPTIONS CIRCLE 1, CHANDIGARH, CHANDIGARH

In the result, appeal of the assessee is allowed for\nstatistical purposes

143(1) of the\nIncome Tax Act and denied the benefit of Section 11 and 12 of\nthe Income Tax Act.\n3. The brief facts of the case are that assessee has filed its\nIncome Tax Return on 30.09.2018. Its computation of income\nought to be as under :\n| Aggregate Receipts as shown in the ITR | Rs.77

INCOME TAX OFFICER, MOHALI PUNJAB vs. TAJ LAND DEVELOPEFRS AND PROMOTERS PRIVATE LIMITED , SECTOR MOHALI PUNJAB

In the result, appeal is dismissed

143(3) on 29.12.2018. This assessment is read with\nSection 147 which has not been noted by the AO. The 1d. AO\nhas determined the taxable income of the assessee at\nRs.5,65,56,040/-.\n\n5. Dissatisfied with the assessment order, assessee carried\nthe matter in appeal before the CIT(A). The 1d. CIT(A) has\nquashed

BABA HIRA SINGH BHATTAL INSTITUTE OF ENGINEERING & TECHNOLOGY,LEHRAGAGA vs. DCIT, (E), C-1, CHANDIGARH

In the result, the appeal is allowed

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

143(3) read with Section 263 and Section 144B of the Act, the original assessment order dated 21.12.2017, which forms the genesis of the present dispute has now become ITA 870/CHD/2019 A.Y. 2015-16 12 null and void and as such, the appeal of the assessee may also be treated as null and void and be dismissed as such

M/S HEADMASTER SALOON PVT.LTD.,CHANDIGARH vs. DCIT-CIRCLE-1(1), CHANDIGARH

In the result, appeal of the assessee is allowed for statistical purposes

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

section 143(3) of the Income Tax Act, 1961 on page 3 para 6 has observed as follows: “ 6. On perusal of the above reply, it was seen that the assessee had not declared the voluntary disclosure / surrender of income that was made by him during the course of survey operation.” 16. During the course of the assessment proceedings

M/S PAGRO FROZEN FOODS PVT. LTD.,CHANDIGARH vs. ITO, W-2(3), CHANDIGARH

The appeal of the Assessee is dismissed

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

section 143(3) of the Income Tax Act, 1961. 13. The Ld. AO in the assessment order dt. 26/12/2016 has stated that return declaring income of profit of business is of Rs. 31,54,889/- filed on 29/11/2014 and same is set off against depreciation

ACIT, CC-2, CHANDIGARH vs. M/S TJR PROPERTIES PVT. LTD., CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

depreciation on vehicle to the extent of Rs. 9,11,4884/- without any justification. 15. That the appellant craves leave to add, alter, amend or withdraw any grounds of appeal before the final hearing. 2.1 The following additional Grounds have also been taken by the Assessee: 1. That the approval u/s 153D was granted by the JCIT without application

M/S TJR PROPERTIES PVT. LTD.,CHANDIGARH vs. ACIT, CC-2, CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

depreciation on vehicle to the extent of Rs. 9,11,4884/- without any justification. 15. That the appellant craves leave to add, alter, amend or withdraw any grounds of appeal before the final hearing. 2.1 The following additional Grounds have also been taken by the Assessee: 1. That the approval u/s 153D was granted by the JCIT without application

M/S SINGH CONSTRUCTION CO.,PATIALA vs. ACIT, CIRCLE, PATIAL

In the result, the appeal of the assessee is dismissed

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

section 263 of CIT (A), Patiala before the Tribunal. 21. We have heard the rival contentions and purused the material available on record. We find that the present appeal arise out of the assessment order passed by the AO u/s 143(3) r/w 263 dated 24/07/14. In the revision order so passed by the ld CIT, Patiala, as we have

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), CHANDIGARH, CHANDIGARH vs. UNIPRO TECHNO INFRASTRUCTURE PVT LTD, CHANDIGARH

In the result, the order of the ld CIT(A) is confirmed and the grounds of appeal taken by the Revenue are dismissed

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

143(3) is reproduced as under:- “We have considered the submissions of both the parties and pursued the material available on the record. It is noticed that a similar issue relating to the deduction under section 80IA of the Income Tax Act, 1961 (herein after referred to as 'Act') has already been decided by this bench of the tribunal

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

depreciation\nallowance or any other\nallowance or deduction\nfor such assessment year\n(hereafter in this section\nand in sections 148 to 153\nreferred to as the\nrelevant\nyear).\nassessment\nUp to Finance Act 2020\n147. If the 5 [Assessing] Officer [has\nreason to believe”] that any income\nchargeable to tax has escaped\nassessment for any assessment year

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

depreciation\nallowance or any other\nallowance or deduction\nfor such assessment year\n(hereafter in this section\nand in sections 148 to 153\nreferred to as the\nrelevant assessment\nyear).\nUp to Finance Act 2020\n147. If the 5 [Assessing] Officer [has\nreason to believe”] that any income\nchargeable to tax has escaped\nassessment for any assessment year