THE PR. COMMISSIONER OF INCOME TAX -6 vs. MARUTI SUZUKI INDIA LTD.

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

disallowance of deduction claimed under section 10B of the Act.  Said final assessment order was accompanied by notice of demand issued under section 156 and notice issued under section 274 read with section 271(1)(c) of the Act for initiating penalty proceedings. provided to the Petitioner to file objections before the DRP, even though the Respondent was mandated

ABHA BANSAL,GURGAON vs. PCIT, CENTRAL, GURGAON

In the result, ITA.No.383/Del

Bench: Shri Bhavnesh Saini & Shri O.P.Kant

section 119; or (d) The order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person.] [(2) No order shall be made under sub-section (1) after the expiry of two years from

PANKAJ BANSAL,GURGAON vs. PR,CIT (CENTRAL), GURGAON

In the result, ITA.No.383/Del

Bench: Shri Bhavnesh Saini & Shri O.P.Kant

section 119; or (d) The order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person.] [(2) No order shall be made under sub-section (1) after the expiry of two years from

SHRI BASANT BANSAL,GURGAON vs. PR,CIT (CENTRAL), GURGAON

In the result, ITA.No.383/Del

Bench: Shri Bhavnesh Saini & Shri O.P.Kant

section 119; or (d) The order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person.] [(2) No order shall be made under sub-section (1) after the expiry of two years from

ROOP KUMAR BANSAL,GURGAON vs. PR,CIT (CENTRAL), GURGAON

In the result, ITA.No.383/Del

Bench: Shri Bhavnesh Saini & Shri O.P.Kant

section 119; or (d) The order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person.] [(2) No order shall be made under sub-section (1) after the expiry of two years from

MR. SANJEEV GUPTA,NEW DELHI vs. ADDL.CIT, NEW DELHI

In the result, ground No. 3 and 4 With respect to the disallowance of export commission of the appeal of the assessee are allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishisanjeev Gupta, Vs. Addl. Cit, E-31, Kamla Nagar, Range-20, New Delhi New Delhi Pan:Ahcpg7326A (Appellant) (Respondent)

disallowance made by the Assessing Officer towards export commission paid by the assessee to the non-resident was rightly deleted.' 16. When the transaction does not atract the provisions of Section 9 of the Act, then there is no question of applying Explanation 4 to Section 9 of the Act. Therefore, the Revenue has no case and the Tax Case

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

263/- made u/s 14A. 5. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in allowing the claim of Rs.2,00,413/- out of reimbursement of fuel expenses and telephone expenses.” “AY : 2007-08 "On the facts and in the circumstances of the case the Ld. CIT(A) has erred in :- 1

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

263/- made u/s 14A. 5. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in allowing the claim of Rs.2,00,413/- out of reimbursement of fuel expenses and telephone expenses.” “AY : 2007-08 "On the facts and in the circumstances of the case the Ld. CIT(A) has erred in :- 1

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

263/- made u/s 14A. 5. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in allowing the claim of Rs.2,00,413/- out of reimbursement of fuel expenses and telephone expenses.” “AY : 2007-08 "On the facts and in the circumstances of the case the Ld. CIT(A) has erred in :- 1

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

263 CTR 1 ] Where Hon’ble Supreme Court held that Under Explanation 1 to s. 271(1 )(c), voluntary disclosure of concealed income does not absolve assessee of s. 271(1 )(c) penalty if the assessee fails to offer an explanation which is bona fide and proves that all the material facts have been disclosed

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

263 CTR 1 ] Where Hon’ble Supreme Court held that Under Explanation 1 to s. 271(1 )(c), voluntary disclosure of concealed income does not absolve assessee of s. 271(1 )(c) penalty if the assessee fails to offer an explanation which is bona fide and proves that all the material facts have been disclosed

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

263 CTR 1 ] Where Hon’ble Supreme Court held that Under Explanation 1 to s. 271(1 )(c), voluntary disclosure of concealed income does not absolve assessee of s. 271(1 )(c) penalty if the assessee fails to offer an explanation which is bona fide and proves that all the material facts have been disclosed

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)

1) of the Act proceeded to treat the aforesaid sum of Rs.134.99 crores as unexplained credit under section 68 of the Act. While making the said addition, the NFAC vaguely alleged that the assessee has not filed the requisite details/ documentary evidence to establish the nature and source of credit in the form of share capital, nor it is proved

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

263. "271. Failure to furnish returns, comply with notices, concealment of income, etc.- (1) If the Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Act, is satisfied that any person- (a) ( ** ** ** Housing and Urban Development Corporation Ltd. vs. DCIT (b) Has failed to comply with a notice under sub-Section (1) of Section

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

263. "271. Failure to furnish returns, comply with notices, concealment of income, etc.- (1) If the Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Act, is satisfied that any person- (a) ( ** ** ** Housing and Urban Development Corporation Ltd. vs. DCIT (b) Has failed to comply with a notice under sub-Section (1) of Section

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

263. "271. Failure to furnish returns, comply with notices, concealment of income, etc.- (1) If the Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Act, is satisfied that any person- (a) ( ** ** ** Housing and Urban Development Corporation Ltd. vs. DCIT (b) Has failed to comply with a notice under sub-Section (1) of Section

HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

263. "271. Failure to furnish returns, comply with notices, concealment of income, etc.- (1) If the Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Act, is satisfied that any person- (a) ( ** ** ** Housing and Urban Development Corporation Ltd. vs. DCIT (b) Has failed to comply with a notice under sub-Section (1) of Section

PR.COMMISSIONER OF INCOME TAX(CENTRAL)2 vs. DELHI GURGAON SUPER CONNECTIVITY LTD. & ANR.

The appeal is allowed in favour of the

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Disallowance 1. Project running expense 32,994 1,77,88,767/- 35,57,753/- 2. Electricity and Fuel Expense 11,00,988/- 4,17,12,062/- 83,42,412/- 3. Administration and office expense 30,96,938/- 4,77,74,064/- 95,54,812/- 4. Printing and stationery 7,32,611/- 75,78,527/- 15,15,705/- 5. Postage