NKG INFRASTRUCTURE LTD.,NEW DELHI vs. PR.CIT, C- 3 , NEW DELHI

In the result all the three appeals of the assessee are allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary

153B. Time limit for completion of assessment under section 153A.— 6 (1) Notwithstanding anything contained in section 153, the Assessing Officer shall make an order of assessment or reassessment,— (a) in respect of each assessment year falling within six assessment years referred to in clause (b) of sub-section (1) of section 153A, within a period of two years from

ACIT, NEW DELHI vs. SH. PARMINDER SINGH KALRA, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

ACIT, NEW DELHI vs. SH. PARMINDER SINGH KALRA, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

PARAMINDER SINGH KALRA,NEW DELHI vs. ACIT, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

PARMINDER SINGH KALRA,NEW DELHI vs. ACIT, CENTRAL CIRCLE-14, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

ACIT, NEW DELHI vs. SH. PARMINDER SINGH KALRA, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

ACIT, NEW DELHI vs. SH. PARMINDER SINGH KALRA, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

PARMINDER SINGH KALRA,NEW DELHI vs. ACIT, CENTRAL CIRCLE-14, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

PARAMINDER SINGH KALRA,NEW DELHI vs. ACIT, NEW DELHI

Bench: Sh. Amit Shukla

153B it is not important who makes the reference whether it Investigation authorities or the Central charge authority, but the time limit gets extended only from the day the reference was made by the competent authority i.e. JS(FT&TR). In the instant case, it is established beyond doubt that the reference was made

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section.' 6.4 Thus, it is clearly implies that the nature of assessment or re- assessment to be made under this section 153A shall be governed by the normal provisions of the Act. In case it is an assessment made for the first

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section.' 6.4 Thus, it is clearly implies that the nature of assessment or re- assessment to be made under this section 153A shall be governed by the normal provisions of the Act. In case it is an assessment made for the first

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section.' 6.4 Thus, it is clearly implies that the nature of assessment or re- assessment to be made under this section 153A shall be governed by the normal provisions of the Act. In case it is an assessment made for the first

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section.' 6.4 Thus, it is clearly implies that the nature of assessment or re- assessment to be made under this section 153A shall be governed by the normal provisions of the Act. In case it is an assessment made for the first

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section.' 6.4 Thus, it is clearly implies that the nature of assessment or re- assessment to be made under this section 153A shall be governed by the normal provisions of the Act. In case it is an assessment made for the first

M/S. MEROFORM (INDIA) PVT. LTD.,UTTAR PRADESH vs. DCIT, NEW DELHI

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section.' 6.4 Thus, it is clearly implies that the nature of assessment or re- assessment to be made under this section 153A shall be governed by the normal provisions of the Act. In case it is an assessment made for the first

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section.' 6.4 Thus, it is clearly implies that the nature of assessment or re- assessment to be made under this section 153A shall be governed by the normal provisions of the Act. In case it is an assessment made for the first

AMBAWATT BUILDWELL PVT. LTD.,NEW DELHI vs. PR. CIT (C), GURGAON

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

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Ambawatt Buildwell Pvt. Ltd., Vs Pr. Cit (C), Kh 267, 1St Floor, 7Th Floor, Hsiidc Building, Chatterpur Enclave, Udyog Vihar, Phase-V, Mehrauli, Gurgaon. New Delhi. Pan: Aagca0991B (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Satpal Gulati, Cit, Dr Date Of Hearing : 10.03.2021 Date Of Pronouncement : 21.05.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17Th February, 2017 Passed U/S 263 Of The Act By The Cit, Central, Gurgaon, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Real Estate. It Filed Its Return Of Income On 30Th September, 2014, Declaring Nil Income. The Case Of The Assessee Was Selected For Compulsory Scrutiny & A Notice U/S 143(2) Of The Act Was Issued To The Assessee On 20Th September, 2015. Notice U/S 142(1) Along With A Questionnaire Was Also Issued On 12Th May, 2016. In Response To The Statutory Notices Issued By The Ao, The Assessee Appeared Before Him From Time To Time & Furnished Replies Which Were Kept On Record. The Ao, On The Basis Of Various Details Furnished Before Him, Disallowed An Amount Of Rs.3,91,936/- U/S 40A(3) Out Of Car Repairs & Maintenance & Determined The Total Loss Of The Assessee At Rs.94,25,270/- As Against The Returned Loss Of Rs.98,17,203/-.

153B has two limbs for years of search covered under section 153C of the Act. 9.3.2 According to ld. Counsel for the assessee, the date of search in this case is 29.08.2013, as upheld by the ITAT in assessee’s own case and financial year is 2013-14. Therefore, if we compute the limitation in view of clause

JCIT, NEW DELHI vs. M/S SURYA VINAYAK INDUSTRIES LTD. AMALGAMATED COMPANY OF AMALGAMATING COMPANY, NEW DELHI

In the result additional ground filed by the assessee in his cross objection as well as ground No

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

bogus purchases of Rs.4,83,04,880/- made by the AO.” Page 3 of 16 5. The revenue has raised the following grounds of appeal for Assessment Year 2004-05:- “1. The order of the ld CIT(A) is not correct in law and facts. 2. Whether in the facts and circumstances of the case, the ld CIT(A) erred