RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganesh

ii) or (iii) of the fifteenth proviso to clause (23C) of section 10 or clause (ii) or (iii) of sub-section (4) of section 12AB Consequentially, it is also proposed to amend the provisions of clause (iii) of Explanation to section 153 by deleting the reference to trusts or institution under the first regime and to insert a new clause

ADDL. CIT, NEW DELHI vs. M/S. IRCON INTERNATIONAL LTD., NEW DELHI

In the result, the appeal of the Revenue is accordingly dismissed

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

ii) that the Assessing Officer has not applied his mind while adopting rate of US dollar for computing interest liability and therefore, reasons need to be rejected on the ground of non-application of mind also. (iii) that no addition has been made on this account in subsequent years and no case of prior year has either been reopened

DCIT, NEW DELHI vs. M/S. DHARAMPAL SATYAPAL LTD., DELHI

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

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

sections on the amount added/disallowed. 19. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the reassessment order beyond the limitation period and thus reassessment order is barred by limitation. 20. That in any case and in any view

M/S. DHARAMPAL SATYAPAL LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

sections on the amount added/disallowed. 19. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the reassessment order beyond the limitation period and thus reassessment order is barred by limitation. 20. That in any case and in any view

AREVA T & D INDIA LTD vs. THE COMMISSIONER OF INCOME TAX-II

Appeals are dismissed in favour of the assessee and

depreciation under Section 32(1)(ii) of the Act with respect to the aforesaid amount of 2012:DHC:2226-DB ITA’s 315/2010, 1151/2010 & 1152/2010 Page 4 of 31 Rs.16,58,76,000/- as being a price paid for acquisition of above mentioned intangible assets. (vii) The Assessing Officer(AO) while completing the assessment under Section 143(3

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

3) of s. 143, s. 144 and s. 145 shall, so far as may be, apply. This is not the position under s. 153A. The law laid down in Hotel Blue Moon, is thus not applicable to the facts of the present case....‖ 4. Further, the Third Member in Sumanlata Bansal vs. ACIT (ITAT Mumbai) (Third Member)(copy placed

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

143(3) read with section 144C of the Income-tax Act (“the Act”) at an income of Rs. 184,341,870 as against INR 72,692,430 returned income. 3. Transfer Pricing Issues: 3.1 That on the facts and circumstances of the case and in law, the AO / DRP /transfer pricing officer (“TPO”) have erred in disallowing payment

ACIT CIRCLE-59(1), NEW DELHI vs. NEERAJ KUMAR SINGHAL, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

143(3) and case was reopened after the expiry of 4 years from the end of the relevant assessment years. In this case also the reopening was done on the basis of loss due to alleged client code modification. In view of the above, it is submitted that notice issued w/s 148 of the Act is barred by limitation. II

SCHNEIDER ELECTRIC INDIA (P) LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee are allowed

Bench: Sh. I.C. Sudhir & Sh. O.P. Kant

depreciation. The short levy of tax including interest work out to Rs. 1,05,480/ on amount of Rs. 7,25,447/-. In view of above, I have therefore, reason to believe that an amount of Rs. 4,85,53,424/- has escaped assessment within the meaning of section 147(b) of the IT Act, 1961.” 14. Thus, respectfully following

M/S SCHNEIDER ELECTRIC INDIA P. LTD.,,GURGAON vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee are allowed

Bench: Sh. I.C. Sudhir & Sh. O.P. Kant

depreciation. The short levy of tax including interest work out to Rs. 1,05,480/ on amount of Rs. 7,25,447/-. In view of above, I have therefore, reason to believe that an amount of Rs. 4,85,53,424/- has escaped assessment within the meaning of section 147(b) of the IT Act, 1961.” 14. Thus, respectfully following

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

Section 2(p)] (1) When any question arises as to whether any person is a producer or not for the purposes of the Act, the Director on receipt of a complaint in this behalf, shall make enquiries from ITA Nos.1338 to 1344/Del/2020 KRBL Ltd. the Tahsildar concerned, whether the person against whom complaint has been made, either cultivates the land