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)

45. The Ld. CIT(A) has held as below on core issue: 5.6 Section 147 of the I.T. Act empowers the AO to reopen the cases if he has reasons to believe that any income chargeable to tax has escaped "assessment for any assessment year subject to the provisions of section 148 to 153. The first Proviso to section 147

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

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

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

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

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

reassessment proceedings under section 147 vide letter dt.\n19/12/2018 which were disposed off by the AO by passing a separate order dt.\n19/12/2018. Thereafter, after issuance of notice under section 143(2) and 142(1)\nand after calling for necessary information and documentation as well as issue\nof specific show cause notice, the AO made an addition of Rs.82

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)

reassessment u/s 147 r.w.s 144B of the Act in according permission to re-verify and re-examine the matters in reference being the question of the proportion of deduction (viz. 25% versus 100%) u/s 80IC of the Act for the reason that prior to the initiation of the revision proceedings, enquiries/examinations in the manners in which these ought to have

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

45 to page 49 of the\nsaid order. Similar reliance have been placed on the judgement of\nChandigarh Bench of the ITAT, in the case of ‘SP Singla Construction\nPvt. Ltd.' as cited 'supra' and, thus, it was vehemently stressed that the\nsaid approval being mechanical, the sanction as given by the Ld.\nAddl. CIT u/s 148B, which corresponds

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

45 to page 49 of the\nsaid order. Similar reliance have been placed on the judgement of\nChandigarh Bench of the ITAT, in the case of ‘SP Singla Construction\nPvt. Ltd.' as cited 'supra' and, thus, it was vehemently stressed that the\nsaid approval being mechanical, the sanction as given by the Ld.\nAddl. CIT u/s 148B, which corresponds

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

45 to page 49 of the\nsaid order. Similar reliance have been placed on the judgement of\nChandigarh Bench of the ITAT, in the case of ‘SP Singla Construction\nPvt. Ltd.' as cited 'supra' and, thus, it was vehemently stressed that the\nsaid approval being mechanical, the sanction as given by the Ld.\nAddl. CIT u/s 148B, which corresponds

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

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

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

45 to page 49 of the\nsaid order. Similar reliance have been placed on the judgement of\nChandigarh Bench of the ITAT, in the case of ‘SP Singla Construction\nPvt. Ltd.' as cited 'supra' and, thus, it was vehemently stressed that the\nsaid approval being mechanical, the sanction as given by the Ld.\nAddl. CIT u/s 148B, which corresponds

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

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)

45,29,200/- is being made on account of 50% of Rs. 4,90,93,460 received on account of enhanced compensation interest as part of compensation u/s 56(2)(viii) rws 57(iv) in view of decision of Hon’ble Punjab & Haryana High Court in the case of Mahinder Pal Narang vs CBDT reported in 423 ITR 13 which

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)

45,29,200/- is being made on account of 50% of Rs. 4,90,93,460 received on account of enhanced compensation interest as part of compensation u/s 56(2)(viii) rws 57(iv) in view of decision of Hon’ble Punjab & Haryana High Court in the case of Mahinder Pal Narang vs CBDT reported in 423 ITR 13 which

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)

45,29,200/- is being made on account of 50% of Rs. 4,90,93,460 received on account of enhanced compensation interest as part of compensation u/s 56(2)(viii) rws 57(iv) in view of decision of Hon’ble Punjab & Haryana High Court in the case of Mahinder Pal Narang vs CBDT reported in 423 ITR 13 which

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)

45,29,200/- is being made on account of 50% of Rs. 4,90,93,460 received on account of enhanced compensation interest as part of compensation u/s 56(2)(viii) rws 57(iv) in view of decision of Hon’ble Punjab & Haryana High Court in the case of Mahinder Pal Narang vs CBDT reported in 423 ITR 13 which

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)

45,29,200/- is being made on account of 50% of Rs. 4,90,93,460 received on account of enhanced compensation interest as part of compensation u/s 56(2)(viii) rws 57(iv) in view of decision of Hon’ble Punjab & Haryana High Court in the case of Mahinder Pal Narang vs CBDT reported in 423 ITR 13 which

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)

45,29,200/- is being made on account of 50% of Rs. 4,90,93,460 received on account of enhanced compensation interest as part of compensation u/s 56(2)(viii) rws 57(iv) in view of decision of Hon’ble Punjab & Haryana High Court in the case of Mahinder Pal Narang vs CBDT reported in 423 ITR 13 which

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)

45,29,200/- is being made on account of 50% of Rs. 4,90,93,460 received on account of enhanced compensation interest as part of compensation u/s 56(2)(viii) rws 57(iv) in view of decision of Hon’ble Punjab & Haryana High Court in the case of Mahinder Pal Narang vs CBDT reported in 423 ITR 13 which