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16 results for “depreciation”+ Section 148Aclear

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Key Topics

Section 14748Section 14833Section 6818Addition to Income10Section 143(3)9Reassessment9Section 142(1)8Section 2507Section 1516Section 143(2)

INTERNATIONAL HOSPITAL LIMITED vs. DCIT CIRCLE 12 (2)

ITA/116/2023HC Delhi26 Sept 2024

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

148A(b) as introduced by virtue of Finance Act, 2021 and for proceedings to be taken forward in accordance with law. 10. It becomes pertinent to note that although Instruction No. 1/2022 dated 11 May 2022 issued by the Central Board of Direct Taxes13 12 (2023) 1 SCC 617 13 CBDT Digitally Signed By:KAMLESH KUMAR Signing Date

RAKESH DIVEDI,DELHI vs. INCOME TAX OFFICER, WARD 43(6), DELHI, DELHI

In the result, appeal of the Assessee is allowed

ITA 3290/DEL/2025[2009-10]Status: DisposedITAT Delhi09 Jan 2026AY 2009-10

Bench: Shri Sudhir Kumar & Shri Manish Agarwalrakesh Divedi, Income Tax Officer, 87, Triveni Apartments, Ward-43(6), Delhi. Pitampura, New Delhi - Vs. 110034. Pan-Apcpd9179A (Appellant) (Respondent) Shri Pranshu Singhal, Ca Assessee By & Ms. Mansi Jain, Adv. Department By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 30/10/2025 Date Of Pronouncement 09/01/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘Ld. Cit(A)’ In Short) Dated 07.03.2025 In Appeal No.40/10204/2018-19 Arising Out Of The Order Passed By The Income Tax Officer, Ward-40(3) U/S 143(3) Of The Act (‘The Act’ For Short) Dated 20.12.2016 For Assessment Year 2009-10. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Proprietor Of M/S Triambkay Gauri Impex. The Information Was Received By The Ao From Investigation Wing That There Were Cash Deposits In The Bank Account Of The Assesse With Icici Bank, However, Income Of The Assessee & Gross Receipt Has Not Rakesh Divedi Vs. Income Tax Officer Commensurate With The Cash So Deposited, Therefore, After Recording The Reason U/S 147, Notice U/S 148 Was Issued On 31.03.2016 After Obtaining Statutory Approval From The Pcit. Thereafter, Assessment Was Completed Vide Order Dated 20.12.2016 Wherein Total Addition Of Rs. 5,20,88,345/- Was Made U/S 68 Of The Act For Cash Deposited In The Bank Accounts By Holding The Same As Unexplained Cash Credits. 3. Against The Said Order, Assessee Has Filed An Appeal Before Ld. Cit(A) Who Vide Impugned Order Has Partly Allowed The Appeal Of The Assessee & Directed The Ao To Make Addition Of Peak Credit Of The Total Deposits In The Bank Accounts.

5
House Property5
Bogus Purchases5
Section 143(2)Section 143(3)Section 147Section 148Section 151Section 68

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for the relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income

ANIL KUMAR JAIN,NEW DELHI vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-26, JHANDEWALAN, NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 475/DEL/2025[2013-14]Status: DisposedITAT Delhi16 Jan 2026AY 2013-14

Bench: SHRI YOGESH KUMAR U.S. (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 143(1)Section 143(3)Section 147Section 148Section 151

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for the relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income

ARUN DUGGAL,FARIDABAD vs. DCIT, CENTRAL CIRCLE- 1, FARIDABAD

In the result, appeal of the assessee is partly allowed

ITA 3075/DEL/2018[2009-10]Status: DisposedITAT Delhi19 Sept 2025AY 2009-10

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2009-10] Arun Duggal, Vs Dcit, 3E-42, Nit, Faridabad, Central Circle-1, Haryana-121001. Faridabad. Pan-Agupd5708Q Appellant Respondent Appellant By Dr. Kapil Goel, Adv. Respondent By Shri Pravin Rawal, Cit Dr Date Of Hearing 26.06.2025 Date Of Pronouncement 19.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 26.02.2018 Passed By Ld. Commissioner Of Income Tax (A)-3, Gurgaon [“Ld.Cit(A)”] In Appeal No.617/Cit(A)-3/Ggn/2016-17 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 23.12.2016 Passed U/S 147 R.W.S. 143(3) Of The Act Pertaining To Assessment Year 2009-10. 2. Brief Facts Of The Case Are That The Appeal Of The Assessee Was Heard By The Co-Ordinate “E” Bench Of The Tribunal & Was Decided In Terms Of Order Dated 01.04.2022 Wherein Co-Ordinate Bench Has Dismissed The Appeal Of The Assessee. Thereafter, Assessee Filed Miscellaneous Application (M.A.) Bearing No.100/Del/2022 U/S 254(2) Of The Act. The Co-Ordinate Bench Vide Its Order Dated 09.04.2025 Has Decided The M.A. Filed By Assessee Wherein Order Of Co-Ordinate Bench Dated 04.01.2022 Is Recalled For The Limited Purposes Of Adjudication Of Three Grounds Of Appeal Taken In The Original Form 36. These Grounds Of Appeal Are Bearing Nos.1.2, 1.8 & 5. The Relevant Observations Of The Co-Ordinate Bench In Para 16 Of The Order Of Ma Are As Under:-

Section 147Section 151Section 250Section 254(2)Section 68

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for the relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income

SANTOSH RANI LEGAL HEIR OF LATE SH PARVEEN KALYAN,KURUKSHETRA vs. INCOME TAX OFFICER, WARD 1, KARNAL, KARNAL

In the result, appeal of the assessee is allowed

ITA 4770/DEL/2024[2011-12]Status: DisposedITAT Delhi19 Sept 2025AY 2011-12

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2011-12] Santosh Rani Vs Ito, Legal Heir Of Late Shri Parveen Ward-1, Karnal, Kalyan, Krishna Nagar, Gamri, Haryana-132001. Thanesar, Distt.-Kurukshetra, Haryana-136118. Pan-Awhpr4944D Appellant Respondent Appellant By Shri Suresh K.Gupta, Ca Respondent By Shri Dheeraj Kumar Jaiswal, Sr.Dr Date Of Hearing 01.07.2025 Date Of Pronouncement 19.09.2025 Order

Section 144Section 147Section 148Section 151Section 250

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for the relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income

SUNITA BHARDWAJ,NEW DELHI vs. ITO WARD 61(1), NEW DELHI

ITA 1434/DEL/2024[2013-2014]Status: DisposedITAT Delhi29 Aug 2025AY 2013-2014

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2012-13] Sunita Bhardwaj, Vs Acit, 1/2, Taj Apartments, Circle-63(1), R.K.Puram, Sector-12, Delhi Delhi-110022. Pan-Ahfpb1928E Appellant Respondent

Section 1Section 147Section 148Section 250Section 68

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for the relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income

SUNITA BHARDWAJ,NEW DELHI vs. ITO WARD 61(1), NEW DELHI

ITA 1432/DEL/2024[2015-2016]Status: DisposedITAT Delhi29 Aug 2025AY 2015-2016

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2012-13] Sunita Bhardwaj, Vs Acit, 1/2, Taj Apartments, Circle-63(1), R.K.Puram, Sector-12, Delhi Delhi-110022. Pan-Ahfpb1928E Appellant Respondent

Section 1Section 147Section 148Section 250Section 68

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for the relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income

SUMAN KISHORE,NEW DELHI vs. ITO, NEW DELHI

ITA 1434/DEL/2012[2008-09]Status: DisposedITAT Delhi23 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2012-13] Sunita Bhardwaj, Vs Acit, 1/2, Taj Apartments, Circle-63(1), R.K.Puram, Sector-12, Delhi Delhi-110022. Pan-Ahfpb1928E Appellant Respondent

Section 1Section 147Section 148Section 250Section 68

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for the relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income

SUNITA BHARDWAJ,NEW DELHI vs. ITO WARD 61(1), NEW DELHI

ITA 1433/DEL/2024[2014-2015]Status: DisposedITAT Delhi29 Aug 2025AY 2014-2015
Section 147Section 148Section 250Section 68

depreciation\nallowance or any other allowance, as the case may be, for the\nconcerned assessment year. However, where an assessment\nunder sub-section (3) of section 143 has been made for the\nrelevant assessment year, no action can be taken under section\n147 after the expiry of four years from the end of the relevant\n assessment year, unless

SUNITA BHARDWAJ,NEW DELHI vs. ACIT CIRCLE 63(1), NEW DELHI

ITA 1435/DEL/2024[2012-2013]Status: DisposedITAT Delhi29 Aug 2025AY 2012-2013
Section 147Section 148Section 250Section 68

depreciation\nallowance or any other allowance, as the case may be, for the\nconcerned assessment year. However, where an assessment\nunder sub-section (3) of section 143 has been made for the\nrelevant assessment year, no action can be taken under section\n147 after the expiry of four years from the end of the relevant\n assessment year, unless

MAGNOLIA MARTINIQUE CLOTHING PRIVATE LIMITED,DELHI vs. DCIT, CENTRAL CIRCLE 17, NEW DELHI, DELHI

In the result, all the appeals filed by the assessee are partly allowed

ITA 4293/DEL/2025[2016-17]Status: DisposedITAT Delhi20 Nov 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

For Appellant: Shri Dushayant Chaudhary, CAFor Respondent: Shri Jitender Singh, CIT DR
Section 142(1)Section 147Section 148

Depreciation Rs.17,52,463/-) is disallowed and added to the total income of the assessee. Accordingly, AO assessed the income of the assessee at Rs.3,02,62,940/-. 15. Aggrieved assessee preferred an appeal before the ld. CIT (A) and filed grounds of appeal and also filed detailed submissions. After considering the detailed submissions and remand report

MAGNOLIA MARTINIQUE CLOTHING PRIVATE LIMITED,DELHI vs. DCIT, CENTRAL CIRCLE 17, NEW DELHI, DELHI

In the result, all the appeals filed by the assessee are partly allowed

ITA 4291/DEL/2025[2014-15]Status: DisposedITAT Delhi20 Nov 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

For Appellant: Shri Dushayant Chaudhary, CAFor Respondent: Shri Jitender Singh, CIT DR
Section 142(1)Section 147Section 148

Depreciation Rs.17,52,463/-) is disallowed and added to the total income of the assessee. Accordingly, AO assessed the income of the assessee at Rs.3,02,62,940/-. 15. Aggrieved assessee preferred an appeal before the ld. CIT (A) and filed grounds of appeal and also filed detailed submissions. After considering the detailed submissions and remand report

MAGNOLIA MARTINIQUE CLOTHING PRIVATE LIMITED,DELHI vs. DCIT, CENTRAL CIRCLE-17, NEW DELHI, DELHI

In the result, all the appeals filed by the assessee are partly allowed

ITA 4290/DEL/2025[2013-14]Status: DisposedITAT Delhi20 Nov 2025AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

For Appellant: Shri Dushayant Chaudhary, CAFor Respondent: Shri Jitender Singh, CIT DR
Section 142(1)Section 147Section 148

Depreciation Rs.17,52,463/-) is disallowed and added to the total income of the assessee. Accordingly, AO assessed the income of the assessee at Rs.3,02,62,940/-. 15. Aggrieved assessee preferred an appeal before the ld. CIT (A) and filed grounds of appeal and also filed detailed submissions. After considering the detailed submissions and remand report

MAGNOLIA MARTINIQUE CLOTHING PRIVATE LIMITED,DELHI vs. DCIT, CENTRAL CIRCLE 17, NEW DELHI, DELHI

In the result, all the appeals filed by the assessee are partly allowed

ITA 4292/DEL/2025[2015-16]Status: DisposedITAT Delhi20 Nov 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

For Appellant: Shri Dushayant Chaudhary, CAFor Respondent: Shri Jitender Singh, CIT DR
Section 142(1)Section 147Section 148

Depreciation Rs.17,52,463/-) is disallowed and added to the total income of the assessee. Accordingly, AO assessed the income of the assessee at Rs.3,02,62,940/-. 15. Aggrieved assessee preferred an appeal before the ld. CIT (A) and filed grounds of appeal and also filed detailed submissions. After considering the detailed submissions and remand report

REGALIA LAMINATES,NEW DELHI vs. ITO WARD 62(5), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 764/DEL/2024[2009-10]Status: DisposedITAT Delhi09 Oct 2024AY 2009-10

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2009-10 Regalia Laminates Mcd Vs Income Tax Officer Buliding, Ist Floor Db Gupta Ward- 62 (5) Road Paharganj, New Delhi- New Delhi 110055 Pan No. Aaifr7691F (Appellant) (Respondent)

Section 143(3)Section 147Section 148Section 151

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Explanation.—For the purposes of assessment or reassessment or re-computation under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped

DCIT, CENTRAL CIRCLE 3, NEW DELHI vs. AMEETA MEHRA, NEW DELHI

The Appeal of the Revenue is dismissed

ITA 3568/DEL/2025[2013-14]Status: DisposedITAT Delhi29 Dec 2025AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

Section 143(3)Section 147Section 148Section 148A

148A(d) of the Act on 29/07/2022 recording satisfaction that the credits in the account amounting to Rs. 12,06,11,836/- remained unexplained and thus the same constitute income which has been escaped assessment. An assessment order came to be passed on 31/05/2023 u/s 147 r.w. Section 143(3) of the Act by making following additions: “a) Addition