DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA , LUDHIANA vs. HOMELIFE BUILDCON PVT. LTD., LUDHIANA

In the result, Revenue appeal is dismissed and appeal filed by the assessee is allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 880/Chd/2024 निर्धारण वर्ष / Assessment Year : 2021-22 Homelife Buildcon Private Limited Sunview Enclave, Ayali Kalan, Ludhiana, Punjab-142027 स्थायी लेखा सं./PAN NO: AABCH5690M अपीलार्थी/Appellant The DCIT Central Circle-1 Ludhiana, Punjab प्रत्यर्थी/Respondent आयकर अपील सं. / ITA No. 1036/Chd/2024 निर्धारण वर्ष / Assessment Year : 2021-22 Homelife Buildcon Private Limited Sunview Enclave, Ayali Kalan, Lu

14. The Ld.AR draws our kind attention towards the provisions of section 147 as amended by Finance Act, 2021 read with explanation 2 of section 148 thereto. The relevant extract of explanation 2 is reproduced below “Explanation 2.—For the purposes of this section, where, — (i) a search is initiated under section 132 or books of account, other documents

HOMELIFE BUILDCON PRIVATE LIMITED,SUNVIEW ENCLAVE, AYALI KALAN, LUDHIANA,PUNJAB vs. SMT. SAMANDEEP KAUR DCIT-CENTRAL CIRCLE-1, LUDHIANA, PUNJAB

In the result, Revenue appeal is dismissed and appeal filed by the assessee is allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 880/Chd/2024 निर्धारण वर्ष / Assessment Year : 2021-22 Homelife Buildcon Private Limited Sunview Enclave, Ayali Kalan, Ludhiana, Punjab-142027 स्थायी लेखा सं./PAN NO: AABCH5690M अपीलार्थी/Appellant बनाम The DCIT Central Circle-1 Ludhiana, Punjab प्रत्यर्थी/Respondent आयकर अपील सं. / ITA No. 1036/Chd/2024 निर्धारण वर्ष / Assessment Year : 2021-22 बनाम Homelife Buildcon Private Limited Sunview Enclave, Ayali

14. The Ld.AR draws our kind attention towards the provisions of section 147 as amended by Finance Act, 2021 read with explanation 2 of section 148 thereto. The relevant extract of explanation 2 is reproduced below “Explanation 2.—For the purposes of this section, where, — (i) a search is initiated under section 132 or books of account, other documents

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)

iii) The present case is not a case of change in opinion; (iv) On merits - allowability of bad debts is contested. 2. In rejoinder/ rebuttal to the above, and in addition to our arguments made vide synopsis dated 18.09.2023, it is submitted as under: Re (i): Tax Audit report not filed on the portal The DR has, in submissions submitted

SCOTT EDIL PHARMACIA LTD.,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

III, Industrial Area,\nChandigarh\nबनाम\nThe DCIT,\nCentral Circle-1,\nChandigarh\nथायीलेखा सं./PAN NO: AAHCS1643K\n3\nअपीलाथी/Appellant\nप्रर्थी/Respondent\n&\nआयकर अपील सं./ITA Nos.726 to 732/CHD /2023\nनिर्धारण वर्ष / Assessment Years : 2012-13 to 2018-19\nShri Balram Krishan\nPlot No. 47-48, Phase-2,\nIndustrial Area, Chandigarh 160002\nबनाम\nDeputy Commissioner of\nIncome-tax, Centre Circle

SBS BIOTECH UNIT II,SIRMOUR 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)

u/s 148 of the Act for the Assessment Year 2017-18.” 15. Further, our reference was drawn to factual and legal submissions in connection with eligibility of 100% deduction under section 80-IC of the Act so made by the assessee during the course of reassessment proceedings and the contents of which read as under: “Sub: Notice under sub-section

JAMNA DASS NIKKAMAL JAIN SARAF PRIVATE LIMITED, LUDHIANA,LUDHIANA vs. THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1, LUDHIANA, LUDHIANA

In the result, the appeal filed by Revenue is dismissed and the appeal filed by the Assessee is allowed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

147 would defeat the very purpose of the amendment and open the floodgates to arbitrary assessments. 26. The relevant extract Memorandum explaining the finance bill is reproduced as under:- ‘(ii) Assessments or reassessments or in re-computation in cases where search is initiated under section 132 or requisition is made under 132A, after 31st March 2021, shall be under

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA, LUDHIANA vs. M/S JAMNA DASS NIKKAMAL JAIN SARAF PVT. LTD., LUDHIANA

In the result, the appeal filed by Revenue is dismissed and the appeal filed by the Assessee is allowed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

147 would defeat the very purpose of the amendment and open the floodgates to arbitrary assessments. 26. The relevant extract Memorandum explaining the finance bill is reproduced as under:- ‘(ii) Assessments or reassessments or in re-computation in cases where search is initiated under section 132 or requisition is made under 132A, after 31st March 2021, shall be under

SH. PARAMJEET SINGH,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14 – 14.4 the assessment order passed by the National E-Assessment Centre; the order in the case of appellant is passed by NeAC, and not by ‘Assessing officer’ as provided u/s 263(1) rws 2(7A) of the Act and therefore the order passed by NeAc cannot be revised by the learned PCIT u/s 263 of the Act. xiii) Other

DHUNI CHAND HUF,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14 – 14.4 the assessment order passed by the National E-Assessment Centre; the order in the case of appellant is passed by NeAC, and not by ‘Assessing officer’ as provided u/s 263(1) rws 2(7A) of the Act and therefore the order passed by NeAc cannot be revised by the learned PCIT u/s 263 of the Act. xiii) Other

SH. ARVAIL SINGH,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14 – 14.4 the assessment order passed by the National E-Assessment Centre; the order in the case of appellant is passed by NeAC, and not by ‘Assessing officer’ as provided u/s 263(1) rws 2(7A) of the Act and therefore the order passed by NeAc cannot be revised by the learned PCIT u/s 263 of the Act. xiii) Other

SH. KASHMIR SINGH SANDHA,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14 – 14.4 the assessment order passed by the National E-Assessment Centre; the order in the case of appellant is passed by NeAC, and not by ‘Assessing officer’ as provided u/s 263(1) rws 2(7A) of the Act and therefore the order passed by NeAc cannot be revised by the learned PCIT u/s 263 of the Act. xiii) Other

SH. RANDHIR SINGH,SIRSA vs. PCIT ROHTAK, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14 – 14.4 the assessment order passed by the National E-Assessment Centre; the order in the case of appellant is passed by NeAC, and not by ‘Assessing officer’ as provided u/s 263(1) rws 2(7A) of the Act and therefore the order passed by NeAc cannot be revised by the learned PCIT u/s 263 of the Act. xiii) Other

SURJEET SINGH,SIRSA vs. PCIT, ROHTAK, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14 – 14.4 the assessment order passed by the National E-Assessment Centre; the order in the case of appellant is passed by NeAC, and not by ‘Assessing officer’ as provided u/s 263(1) rws 2(7A) of the Act and therefore the order passed by NeAc cannot be revised by the learned PCIT u/s 263 of the Act. xiii) Other

M/S GANESH DASS HUF,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14 – 14.4 the assessment order passed by the National E-Assessment Centre; the order in the case of appellant is passed by NeAC, and not by ‘Assessing officer’ as provided u/s 263(1) rws 2(7A) of the Act and therefore the order passed by NeAc cannot be revised by the learned PCIT u/s 263 of the Act. xiii) Other

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

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\n\n13\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance

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)

147 of the Act were bad in law, void ab initio has been examined. In order to decide this ground of appeal it is relevant to refer to 4th proviso to section 153A of the Act which is reproduced as under:- ITA 514/CHD/2023 A.Y. 2012-13 5 Provided also that no notice for assessment or reassessment shall be issued

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

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance

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

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\n13\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance

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

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\n13\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance