INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY,GR. NOIDA vs. ADIT (E), TRUST CIRCLE, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

Section 2(15). The assessee has concealed facts from the AO during the first assessment proceedings and furnished incorrect information as well. In view of clear violation of Sec-13(l)(d) r.w.s 13(30 r.w.s 11(5) of Act, 1961, exemption u/s 11 and 12 are denied to the assessee. 6. Hence, the income of the assessee in taxed

ITO (EXEMPTIONS), NEW DELHI vs. M/S. INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

Section 2(15). The assessee has concealed facts from the AO during the first assessment proceedings and furnished incorrect information as well. In view of clear violation of Sec-13(l)(d) r.w.s 13(30 r.w.s 11(5) of Act, 1961, exemption u/s 11 and 12 are denied to the assessee. 6. Hence, the income of the assessee in taxed

SH. SANJAY DALMIA,NEW DELHI vs. DCIT, NEW DELHI

In the result all the appeal filed by the assessee are dismissed

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

depreciation can be carried forward - Indian Income-tax Act, 1922, ss. 10(2)(vi), Prov. Cl. (b); 24(2), Prov. (b). Interpretation of statutes - Taxing statutes - Doubt - Assessee entitled to interpretation favourable to him. iv) CIT vs. Poddar Cement (P.) Ltd. [19971 226 ITR 625 (SC) Where there are two possible interpretations of a particular section which is akin

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

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

143 (2) was issued. Also, Notice under section 142 (1) on 07/05/2014 and summons under section 131, dated 20/01/2014 and 22/01/2014 were issued along with the questionnaire. Against all these notices and summons, assessee sought time. The Ld. assessing officer gave a further opportunity vide letter dated 08/10/2014 to the assessee requesting to furnish the details against which the assessee

CIT vs. VISHAL GUPTA

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

143(2) of the Act, within 12 months from the end of the month in which the return was filed. The reasoning given by the tribunal reads:- “5. We have considered the rival contentions and gone through the record carefully. Section 147 of the Act provides that if the Assessing Officer has reason to believe that any income chargeable

CIT vs. VISHAL GUPTA

143(2) of the Act, within 12 months from the end of the month in which the return was filed. The reasoning given by the tribunal reads:- “5. We have considered the rival contentions and gone through the record carefully. Section 147 of the Act provides that if the Assessing Officer has reason to believe that any income chargeable

CIT vs. VISHAL GUPTA

143(2) of the Act, within 12 months from the end of the month in which the return was filed. The reasoning given by the tribunal reads:- “5. We have considered the rival contentions and gone through the record carefully. Section 147 of the Act provides that if the Assessing Officer has reason to believe that any income chargeable

ACIT, NEW DELHI vs. M/S SURYA BUILDWELL (P) LTD.,, NEW DELHI

In the result cross objection filed by the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

section 14 A of Rs. 3 086234/-, except sum of Rs. 1142945/– . In the result ground No. 3 of the cross objection of the assessee is partly allowed. 64. Coming to the other disallowance of Rs 102 0912/– on account of lease agreement charges. The brief facts relating to this issue is that the appellant and developed and promoted

DCIT, NEW DELHI vs. SURYA BUILDWELL PVT. LTD., NEW DELHI

In the result cross objection filed by the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

section 14 A of Rs. 3 086234/-, except sum of Rs. 1142945/– . In the result ground No. 3 of the cross objection of the assessee is partly allowed. 64. Coming to the other disallowance of Rs 102 0912/– on account of lease agreement charges. The brief facts relating to this issue is that the appellant and developed and promoted

DCIT, NEW DELHI vs. SURYA BUILDWELL PVT. LTD., NEW DELHI

In the result cross objection filed by the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

section 14 A of Rs. 3 086234/-, except sum of Rs. 1142945/– . In the result ground No. 3 of the cross objection of the assessee is partly allowed. 64. Coming to the other disallowance of Rs 102 0912/– on account of lease agreement charges. The brief facts relating to this issue is that the appellant and developed and promoted

HERO FINCORP LIMITED,NEW DELHI vs. ACIT, CIRCLE 11(1), DELHI, C.R. BUILDING

In the result, the appeal of the assessee is partly allowed

depreciation is justified and the same is\nconfirmed. Ground nos. 8 to 11 of the appeal are dismissed.\n12.\nGround nos. 12 to 20 of the appeal are against the addition of Rs.418,66,34,625 under\nSection 56 (2)(viib) of the Act.\n12.1\nThe AO noted that during the year the assessee had issued 13492216 no. of equity

ACIT, NEW DELHI vs. M/S. FUTURZ NEXT SERVICES (P) LTD., NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

2(22)(e) of the Income Tax Act, 1961 (the Act). d. Disallowed excess claim of depreciation of Rs.29,63,061/-. Total income of assessee was assessed at Rs. 4,01,01,260/- vide order dated 23.03.2016 passed under Section 143

PATANJALI YOGPEETH (NYAS),DELHI vs. ADIT(EXEMPTION), NEW DELHI

Appeal is allowed

Bench: Shri I.C. Sudhir & Shri L. P. Sahu

section 142(2A) while confirming the order of the Assessing Officer in denying exemption under sections 11/12 of the Act. 8.2 The ld. AR on queries raised by the Bench responded that assessee trust is not running shops or distribution of products and for those shoppings and distribution and selling of products, as on commercial basis different entity is there

M/s JAY BHARAT MARUTI LTD vs. COMMISSIONER OF INCOME TAX

In the result the appeal is allowed and

143(3) cannot be permitted to verify all the statements under the guise of assessing escaped income. Petitioner submits that Exts.P7 and P8 requiring him to produce books of accounts and furnishing information on various points are not warranted in a proceeding under Section 147 of the Act. Section 148 deals with issue of notice where income has escaped assessment

ACIT, GURGAON vs. SH. ASHOK KUMAR GUPTA, PROP., GURGAON

In the result, the appeal of the Revenue is partly allowed

Bench: Shri H.S. Sidhu & Shri O.P. Kantassessment Year: 2008-09 Acit, Vs. Sh. Ashok Kumar Gupta, Circle-I, Gurgaon Prop., M/S. Ashok Kumar Gupta Shuttering Store, 508/2, Near State Bank Of India, Mehrauli Road, Gurgaon Pan :Abepg4595M (Appellant) (Respondent)

depreciation on the same amounting to Rs.11,25,000/-, the Ld. Assessing Officer made net addition of Rs.88,75,000/- 2.1 Before the Ld. CIT(A), the assessee challenged service of notice under section 143(2

COMMISSIONER OF INCOME TAX vs. GOVIND NAGAR SUGAR LIMITED

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 143(2) on 31st October, 2003 at a loss of `6,03,14,560/-. The Assessing Officer, however, did not make any observation in respect of carry forward of unabsorbed loss including unabsorbed depreciation

KRISHNA DEVI,NEW DELHI vs. ITO, WARD- 38(3), NEW DELHI

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 6356/Del/2019 : Asstt. Year : 2014-15 Krishna Devi, Vs Income Tax Officer, F-26/124, Sector-7, Rohini, Ward-38(3), New Delhi-110085 New Delhi-110002 (Appellant) (Respondent) Pan No. Abrpd0875E Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. Umesh Takyar, Sr. Dr Date Of Hearing: 08.10.2021 Date Of Pronouncement: 04.01.2022

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 or this section has been made for the relevant assessment year, no action shall

RAJESH KUMAR,SONEPAT vs. ACIT, CENTRAL CIRCLE-2, GURGAON

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

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

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 or this section has been made for the relevant assessment year, no action shall

DCIT, GURUGRAM vs. RAJESH KUMAR, SONEPAT

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

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

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 or this section has been made for the relevant assessment year, no action shall