DIRECTOR OF INCOME TAX (EXEMPTION) vs. VISHWA JAGRITI MISSION

section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits”. The expression "sufficient cause" employed by the Legislature is adequately elastic to enable the courts to apply the law in a 2012:DHC:7652-DB ITA Nos.754/2010, 773/2010, 775/2010, 1092/2010, 1101/2010, 1103/2010, 1104/2010

DIRECTOR OF INCOME TAX vs. VISHWA JAGRITI MISSION

section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits”. The expression "sufficient cause" employed by the Legislature is adequately elastic to enable the courts to apply the law in a 2012:DHC:7652-DB ITA Nos.754/2010, 773/2010, 775/2010, 1092/2010, 1101/2010, 1103/2010, 1104/2010

DIRECTOR OF INCOME TAX (EXEMPTION) vs. VISHWA JAGRITI MISSION

section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits”. The expression "sufficient cause" employed by the Legislature is adequately elastic to enable the courts to apply the law in a 2012:DHC:7652-DB ITA Nos.754/2010, 773/2010, 775/2010, 1092/2010, 1101/2010, 1103/2010, 1104/2010

USHA SHARMA,NEW DELHI vs. ITO (INTERNATIONAL TAXATION), NEW DELHI

In the result, the appeal and stay application of the assessee are dismissed

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahu

delay occurred in filing the present appeal is, therefore, condoned. 3. The brief facts relevant to the issue are that the appellant purchased a property at 1st Floor, E-180, Greater Kailash-I, New Delhi from Sh. Ramesh Kumar Vahi S/o Mr. LY Vahi and Smt Pomila Vahi w/o Sh. Ramesh Kumar Vahi, both non-residents

ADDL. CIT, SPECIAL RANGE- 6, NEW DELHI vs. NEC TECHNOLOGIES INDIA PVT. LTD., NEW DELHI

The appeal of the Revenue is hereby dismissed\nas time barred

section 253(3A) of the Act, the\nlimitation for filing appeal before this Hon'ble Tribunal expire\non 21.02.2015 and therefore, the present accompanying\nappeal is delayed by 1021 days.\n\n4) The matter regarding filing of appeal in the impugned case\nfor AY 2010-11 got missed due to the reason for this omission\nare as follows:-oversight which

W SERVE TECHNOLOGIES PRIVATE LIMITED,GURGAON vs. ACIT, CPC-TDS, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Anubhav Sharma

6) of section 195 of the Act provide that the person referred to in section 195(1) of the Act shall furnish prescribed information. Section 195(1) of the Act provides that any person responsible for paying any interest (other than interest referred to in sections 194LB or 194LC or 194LD of the Act) or any sum chargeable

W SERVE TECHNOLOGIES PRIVATE LIMITED,GURGAON vs. ACIT, CPC-TDS, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Anubhav Sharma

6) of section 195 of the Act provide that the person referred to in section 195(1) of the Act shall furnish prescribed information. Section 195(1) of the Act provides that any person responsible for paying any interest (other than interest referred to in sections 194LB or 194LC or 194LD of the Act) or any sum chargeable

M/S. SAMSUNG HEAVY INDUSTRIES CO. LTD.,GURGAON vs. ADIT, NEW DELHI

The appeal of the assessee is partly allowed with above direction

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

6. It must be grasped that the judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so. Making a justice-oriented approach from this perspective, there was sufficient cause for condoning the delay in the institution of the appeal. The fact

YKK INDIA (P) LTD vs. ACIT CICLE-18 (1),

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is allowed

delay itself. In view of these discussions, in our considered view, the condonation petition does not deserve to be accepted. We reject the same. The appeal is dismissed as time barred. Having held so, we may also add that even on merits grievance of the Assessing Officer is that “On the facts and in the circumstances of the case

DCIT, NEW DELHI vs. M/S YKK INDIA PVT. LTD.,, NEW DELHI

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is allowed

delay itself. In view of these discussions, in our considered view, the condonation petition does not deserve to be accepted. We reject the same. The appeal is dismissed as time barred. Having held so, we may also add that even on merits grievance of the Assessing Officer is that “On the facts and in the circumstances of the case

MASS AWASH PRIVATE LIMITED,LUCKNOW vs. ADDI. CIT INTERNATIONAL TAXATION, NOIDA

In the result, the appeals of the assessee are dismissed

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

section 195. There was no deliberate default in not deducting TDS.” 4.10 The statement made by the appellant is devoid of any substance. The appellant is engaged with the sell/purchase transaction of an immovable property. Before such deal is finalized there must be sufficient enquiry about the property and its owners. When the relevant owner is NRI, this fact should

MASS AWASH PRIVATE LIMITED,LUCKNOW vs. ADDI. CIT INTERNATIONAL TAXATION, NOIDA

In the result, the appeals of the assessee are dismissed

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

section 195. There was no deliberate default in not deducting TDS.” 4.10 The statement made by the appellant is devoid of any substance. The appellant is engaged with the sell/purchase transaction of an immovable property. Before such deal is finalized there must be sufficient enquiry about the property and its owners. When the relevant owner is NRI, this fact should

MASS AWASH PRIVATE LIMITED,LUCKNOW vs. ADDI. CIT INTERNATIONAL TAXATION, NOIDA

In the result, the appeals of the assessee are dismissed

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

section 195. There was no deliberate default in not deducting TDS.” 4.10 The statement made by the appellant is devoid of any substance. The appellant is engaged with the sell/purchase transaction of an immovable property. Before such deal is finalized there must be sufficient enquiry about the property and its owners. When the relevant owner is NRI, this fact should

MANASBAL TRUST,NEW DELHI vs. ASSISTANT DIRECTOR OF INCOME TAX, CPC, BENGALURU

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

Bench: SHRI VIKAS AWASTHY (Judicial Member)

Section 5 of the Limitation Act or Order 22 Rule 9 of Civil Procedure Code or any other similar provision should receive a liberal construction so as to advance substantial justice. The courts should not proceed with the tendency of finding fault with cause shown and reject the petition by a slipshod order in over jubilation of disposal derive. Acceptance

ITO, NEW DELHI vs. M/S STELLAR CAPITAL SERVICES PVT. LTD.,, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Sh. Vijay Pal Rao & Sh. O.P. Kantassessment Year: 2000-01 Income Tax Officer, Ward 9(2), Vs. M/S. Stellar Capital Services Pvt. New Delhi Ltd., 325, Vardhman Grand Plaza, Mangalam Place, Sector-3, Rohini, New Delhi (Pan: Aaacs3356A) (Appellant) (Respondent)

195; 2. The Hon’ble Supreme Court in the case of N. Balakrishnan Vs. M. Krishnamurthy, 2002-TIOL-737-SC-IT; and 3 ITA No. 5122/Del/2013, AY: 2000-01 3. The Hon’ble Jurisdictional High Court of Delhi in its recent order in the case of Narinder Kumar & Others Vs. Commissioner of Income Tax, reported in 2012-TIOL

MARKS CONSOLIDATED BUSINESS LTD.,,NEW DELHI vs. ITO, WARD-6(2), NEW DELHI

In the result, the Appeal filed by the Assessee stands allowed

Bench: Shri H.S. Sidhu & Shri Prashant Maharishiassessment Year : 2003-04 Marks Consolidated Vs. Ito, Ward 6(2), Business Ltd., New Delhi 1497, Bhardwaj Bhawan, Wazir Nagar, Kotla , New Delhi (Pan: Aaacm8113H)

6. We have heard both the parties and perused the records. After perusing the medical records as well as the application for condonation and its affidavit and the case laws cited by both the parties, we are of the considered view that in the interest of justice as well as on the prima facie of the merits of the case

YAMUNA KHADAR SHIKSHA SAMITI,DELHI vs. ITO, TDS, MUZAFFARNAGAR

In the result, all the Eleven appeals filed by the Assessee stands allowed

Bench: Shri H. S. Sidhu & Before Shri A.N. Misshra

195 to 196D of the Act. Under section 198 of the Act, it is provided that the tax deducted at source shall for the purpose of computing the income of assessee be deemed to be income received. Under section 199 of the Act, it is further provided that any deduction made in accordance with the provisions of Chapter and paid

YAMUNA KHADAR SHIKSHA SAMITI,DELHI vs. ITO, TDS, MUZAFFARNAGAR

In the result, all the Eleven appeals filed by the Assessee stands allowed

Bench: Shri H. S. Sidhu & Before Shri A.N. Misshra

195 to 196D of the Act. Under section 198 of the Act, it is provided that the tax deducted at source shall for the purpose of computing the income of assessee be deemed to be income received. Under section 199 of the Act, it is further provided that any deduction made in accordance with the provisions of Chapter and paid