MANKIND PHARMA LIMITED,DELHI vs. DCIT, CIRCLE-1(1)(1), MEERUT

In the result, the additional Ground No

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

D E R PER PRADIP KUMAR KEDIA-AM: The captioned appeal has been filed at the instance of the assessee against the final assessment order dated 28.07.2022 passed under Section 143(3) r.w. Section 144C(13) r.w. Section 144B of the Income Tax Act (in short ‘the Act’) in pursuance of directions issued by Dispute Resolution Panel (DRP) dated

ACIT, NEW DELHI vs. M/S. PTC INDIA FINANCIAL SERVICES LTD., NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

d) The appellant craves to be allowed to add any fresh ground(s) of appeal and/or delete or amend any of the ground(s) of appeal Assessee’s Grounds of Appeal- AY 2014-15 “1. That the additions/disallowances made and sustained by the Commissioner of Income Tax (Appeals) are illegal and bad in law. 2. That in view

ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI vs. PTC INDIA FINANCIAL SERVICES LTD, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

d) The appellant craves to be allowed to add any fresh ground(s) of appeal and/or delete or amend any of the ground(s) of appeal Assessee’s Grounds of Appeal- AY 2014-15 “1. That the additions/disallowances made and sustained by the Commissioner of Income Tax (Appeals) are illegal and bad in law. 2. That in view

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

d) The appellant craves to be allowed to add any fresh ground(s) of appeal and/or delete or amend any of the ground(s) of appeal Assessee’s Grounds of Appeal- AY 2014-15 “1. That the additions/disallowances made and sustained by the Commissioner of Income Tax (Appeals) are illegal and bad in law. 2. That in view

PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE- 19(2), NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

d) The appellant craves to be allowed to add any fresh ground(s) of appeal and/or delete or amend any of the ground(s) of appeal Assessee’s Grounds of Appeal- AY 2014-15 “1. That the additions/disallowances made and sustained by the Commissioner of Income Tax (Appeals) are illegal and bad in law. 2. That in view

EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

disallowances have been made contrary to the dictum laid down by various Courts. 12. Each of the aforesaid contention is briefly elaborated hereunder: Re (a): Assessment completed without issuance of show cause notice cum draft assessment order prior to draft order passed under section 144C(1) of the Act and without providing opportunity of hearing is bad in law 13

SUDHAKAR ARORA,DELHI vs. ADIT, CPC, BENGALURU

In the result, the appeal of the assessee is dismissed

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2018-19]

d) to 143(1) of the Act). Secondly, the counsel argued that the issue at the time when the disallowance was made, issue was debatable and accordingly could not be the subject matter of disallowance under section 143(1) of the Act. 15. Regarding the argument that the auditors did not specifically mention in the audit report regarding inadmissibility

NOBLE WELFARE AND CHRITABLE TRUST,DELHI vs. ITO WARD EXEMP-2(4), NEW DELHI

In the result, the appeal is dismissed

13(1)(d) of the Act. Accordingly, he disallowed 50% of the interest expenditure. Against the assessment order so passed, assessee preferred an appeal before learned Commissioner (Appeals). 5 ITA No. 9844/Del./2019 However, finding no merit in the appeal of the assessee, learned Commissioner (Appeals) dismissed the appeal. 6. I have considered the submissions of learned Departmental Representative

ORIENT CRAFT LTD. ,DELHI vs. ASST. DIT, CPC , BANGALORE

Bench: Dr. B. R. R. Kumarsh. Anubhav Sharmaita No. 477/Del/2022 : Asstt. Year : 2019-20 Orient Craft Ltd., Vs Asstt. Dit, C/O M/S Rra Taxindia, Cpc, D-28, South Extension, Bangalore Part-I, New Delhi-110049 (Appellant) (Respondent) Pan No. Aaaco0068M Assessee By : Dr. Rakesh Gupta, Adv. & Sh. Somil Agarwal, Adv. Revenue By : Ms. Rinku Singh, Sr. Dr Date Of Hearing: 04.05.2022 Date Of Pronouncement: 05.05.2022

D-28, South Extension, Bangalore Part-I, New Delhi-110049 (APPELLANT) (RESPONDENT) PAN No. AAACO0068M Assessee by : Dr. Rakesh Gupta, Adv. & Sh. Somil Agarwal, Adv. Revenue by : Ms. Rinku Singh, Sr. DR Date of Hearing: 04.05.2022 Date of Pronouncement: 05.05.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against

MAGIC AUTO PVT. LTD. ,DELHI vs. CENTRAL CIRCLE 13 , DELHI

Bench: Sh. A. D. Jaindr. B. R. R. Kumarita No. 27/Del/2022 : Asstt. Year : 2019-20 Magic Auto Pvt. Ltd., Vs Adit, 7/56, Desh Bandhu Gupta Cpc, Road, Karol Bagh, Central Delhi, Delhi-110005 (Appellant) (Respondent) Pan No. Aaacm4873C Assessee By : Sh. Salil Kapoor, Adv. Revenue By : Sh. N. K. Bansal, Sr. Dr Date Of Hearing: 12.05.2022 Date Of Pronouncement: 27.06.2022

13 OF 2021] An Act to give effect to the financial proposals of the Central Government for the financial year 2021-2022.BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title and commencement. 1. (1) This Act may be called the Finance Act, 2021. (2) Save as otherwise provided

TRUTECH CONSTRUCTIONS PVT LTD,NEW DELHI vs. DCIT CPC, BANGALORE

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

D-19, New Delhi Kalkaji, New Delhi- 110019 PAN-AABCU4368H 2. 1772/Del/2020 Vikas Publishing House DCIT, 2018-19 Ms. Richa Pvt. Ltd., A-27, 2nd CPC, Chawla, CA Floor, Mohan Co- Bengaluru operative Estate, New Delhi-110044 PAN-AAACV0006A 3. 1831/Del/2020 Tech Auto Pvt. Ltd., DCIT, 2018-19 Sh. Ashwani 103, Pratap Bhawan, CPC, Kumar, CA & Bahadurshah Zafar Bengaluru

UTTAM INDUSTRIAL ENGINEERING PRIVATE LIMITED,NEW DELHI vs. DCIT CIRCLE-25(1), NEW DELHI

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

D-19, New Delhi Kalkaji, New Delhi- 110019 PAN-AABCU4368H 2. 1772/Del/2020 Vikas Publishing House DCIT, 2018-19 Ms. Richa Pvt. Ltd., A-27, 2nd CPC, Chawla, CA Floor, Mohan Co- Bengaluru operative Estate, New Delhi-110044 PAN-AAACV0006A 3. 1831/Del/2020 Tech Auto Pvt. Ltd., DCIT, 2018-19 Sh. Ashwani 103, Pratap Bhawan, CPC, Kumar, CA & Bahadurshah Zafar Bengaluru

TRUTUFF FACILITY MANAGEMENT PRIVATE LIMITED,NEW DELHI vs. DCIT CPC, BANGALORE

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

D-19, New Delhi Kalkaji, New Delhi- 110019 PAN-AABCU4368H 2. 1772/Del/2020 Vikas Publishing House DCIT, 2018-19 Ms. Richa Pvt. Ltd., A-27, 2nd CPC, Chawla, CA Floor, Mohan Co- Bengaluru operative Estate, New Delhi-110044 PAN-AAACV0006A 3. 1831/Del/2020 Tech Auto Pvt. Ltd., DCIT, 2018-19 Sh. Ashwani 103, Pratap Bhawan, CPC, Kumar, CA & Bahadurshah Zafar Bengaluru

TECH AUTO PVT LTD,NEW DELHI vs. DCIT CPC, BANGALORE

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

D-19, New Delhi Kalkaji, New Delhi- 110019 PAN-AABCU4368H 2. 1772/Del/2020 Vikas Publishing House DCIT, 2018-19 Ms. Richa Pvt. Ltd., A-27, 2nd CPC, Chawla, CA Floor, Mohan Co- Bengaluru operative Estate, New Delhi-110044 PAN-AAACV0006A 3. 1831/Del/2020 Tech Auto Pvt. Ltd., DCIT, 2018-19 Sh. Ashwani 103, Pratap Bhawan, CPC, Kumar, CA & Bahadurshah Zafar Bengaluru

VIKAS PUBLISHING HOUSE PRIVATE LIMITED,NEW DELHI vs. DCIT CPC, BENGALURU

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

D-19, New Delhi Kalkaji, New Delhi- 110019 PAN-AABCU4368H 2. 1772/Del/2020 Vikas Publishing House DCIT, 2018-19 Ms. Richa Pvt. Ltd., A-27, 2nd CPC, Chawla, CA Floor, Mohan Co- Bengaluru operative Estate, New Delhi-110044 PAN-AAACV0006A 3. 1831/Del/2020 Tech Auto Pvt. Ltd., DCIT, 2018-19 Sh. Ashwani 103, Pratap Bhawan, CPC, Kumar, CA & Bahadurshah Zafar Bengaluru

TOSHIBA WATER SOLUTIONS & SERVICES PVT LTD,NEW DELHI vs. DCIT CIRCLE-27(2), NEW DELHI

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

D-19, New Delhi Kalkaji, New Delhi- 110019 PAN-AABCU4368H 2. 1772/Del/2020 Vikas Publishing House DCIT, 2018-19 Ms. Richa Pvt. Ltd., A-27, 2nd CPC, Chawla, CA Floor, Mohan Co- Bengaluru operative Estate, New Delhi-110044 PAN-AAACV0006A 3. 1831/Del/2020 Tech Auto Pvt. Ltd., DCIT, 2018-19 Sh. Ashwani 103, Pratap Bhawan, CPC, Kumar, CA & Bahadurshah Zafar Bengaluru

PRABHU SARAN GARG CHARITABLE TRUST,NEW DELHI vs. JCIT, GHAZIABAD

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 3558/Del/2015 : Asstt. Year 2010-11 Prabhu Saran Garg Charitable Vs. Jcit, Trust, C/O M/S O.P. Sapra & Range-2, Associates, C-763, New Friends Ghaziabad Colony, New Delhi-110025 (Appellant) (Respondent) Pan No. Aaatp9634M Assessee By : Sh. Akhilesh Kumar, Adv. Revenue By : Sh. Girish Kumar Kohali, Sr. Dr Date Of Hearing: 26.07.2022 Date Of Pronouncement: 11.08.2022

disallowing exemption claimed. 2. That, learned commissioner of income tax (Appeals) manifestly erred in rejecting the contention that alleged advances made to three 2 Prabhu Saran Garg Charitable Trust unrelated parties are not ‘investment or deposit’ so as to hit by provisions of S. 13(1)(d) of Act as per the settled law. 3. That, learned commissioner of income

RANBIR SINGH SOROUT,FARIDABAD vs. ITO, WARD-2(2), FARIDABAD

In the result, appeals filed by the Assessee are allowed

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishra

D E R PER C.N. PRASAD, J.M. These appeals are filed by the Assessee against different orders of the Ld. CIT(Appeals)-NFAC, Delhi dated 11.11.2022 for the assessment years 2017-18, 2018-19 and 2019-20 in sustaining the disallowance of employees contribution to PF & ESI u/s 36(1)(va) r.w.s. 43B of the Income Tax Act. Assessee