ASHISH DHAM,DELHI vs. DCIT, NEW DELHI

In the result, Assessee’s appeal is treated as partly allowed for statistical

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

house property. 5. That ld assessing officer without appreciating the correct facts of the case and giving proper opportunity of being heard and raising any query during the course of hearing is not justified in law and facts and circumstances of the case in making the addition of Rs. 17,00,000/- on account of alleged difference in the receipts

BESTO ELECTRONICS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

Section 246A (1) of the I.T. Act mentions the orders against which an assessee may appeal before the Commissioner (Appeals). It is seen that orders of an Assessing Officer disposing of grievance petitions of assessee’s are not appealable before CIT (Appeals). Accordingly, the appeal filed by the assessee against the letter of the Assessing Officer dated 24.11.2015, disposing

OM PRAKASH JAKHOTIA,TELANGNA vs. ACIT, CC-26, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

246A of the Act, separate appeal is provided for the assessment made under section 144 of the Act. In the case of a best judgment assessment, as per the provision of section 142(3), there is no requirement of any opportunity of being heard to the assessee in respect of the material gathered by the Assessing Officer whereas

OM PRAKASH JAKHOTIA,TELANGNA vs. ACIT, CC-26, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

246A of the Act, separate appeal is provided for the assessment made under section 144 of the Act. In the case of a best judgment assessment, as per the provision of section 142(3), there is no requirement of any opportunity of being heard to the assessee in respect of the material gathered by the Assessing Officer whereas

OM PRAKASH JAKHOTIA,TELANGNA vs. ACIT, CC-26, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

246A of the Act, separate appeal is provided for the assessment made under section 144 of the Act. In the case of a best judgment assessment, as per the provision of section 142(3), there is no requirement of any opportunity of being heard to the assessee in respect of the material gathered by the Assessing Officer whereas

OM PRAKASH JAKHOTIA,TELANGNA vs. ACIT, CC-26, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

246A of the Act, separate appeal is provided for the assessment made under section 144 of the Act. In the case of a best judgment assessment, as per the provision of section 142(3), there is no requirement of any opportunity of being heard to the assessee in respect of the material gathered by the Assessing Officer whereas

JINDAL STEEL & POWER LTD.,DELHI vs. DCIT, GURGAON

In the result, the appeal filed by the assessee is allowed for statistical

Bench: Shri R. K. Panda & Smt. Beena A. Pillaiassessment Year : 2005-06 Jindal Steel & Power Ltd., Dcit, Circle- 1(1), Jindal Centre, Gurgaon. 12, Bhikaji Cama Place, Vs. Delhi.

section 246A of the Act. Being so, the same could not have been dismissed as infructuous. He submitted that the two fundamental grievances of the appellant, viz. validity of the reassessment and legal issue of notional set off of loss, continues to survive and the said issues do not arise out of/form part of the revisionary proceedings. The appeal filed

COMMISSIONER OF INCOME TAX DELHI II vs. MEDICARE INVESTMENTS LTD.

house property‟, „Capital gains‟ and „Income from other sources‟ or of income by way of interest on securities.” It was highlighted that in the present case, money which had flowed from JISCO came back to it with financing from the UTI and the assessee also claimed loss in the year under consideration, to claim set off against an income

COMMISSIONER OF INCOME TAX vs. M/S. ABHINANDAN INVESTMENT LTD

house property‟, „Capital gains‟ and „Income from other sources‟ or of income by way of interest on securities.” It was highlighted that in the present case, money which had flowed from JISCO came back to it with financing from the UTI and the assessee also claimed loss in the year under consideration, to claim set off against an income

COMMISSIONER OF INCOME TAX vs. M/S. ABHINANDAN INVESTMENT LTD

house property‟, „Capital gains‟ and „Income from other sources‟ or of income by way of interest on securities.” It was highlighted that in the present case, money which had flowed from JISCO came back to it with financing from the UTI and the assessee also claimed loss in the year under consideration, to claim set off against an income

COMMISSIONER OF INCOME TAX vs. M/S. ABHINANDAN INVESTMENT LTD

house property‟, „Capital gains‟ and „Income from other sources‟ or of income by way of interest on securities.” It was highlighted that in the present case, money which had flowed from JISCO came back to it with financing from the UTI and the assessee also claimed loss in the year under consideration, to claim set off against an income

SH. BIKRAM SINGH,,NEW DELHI vs. DCIT, NEW DELHI

Appeal is allowed

Bench: Shri S.V. Mehrotra & Ms. Suchitra Kamblei.T.A .No.-3522/Del/2013 (Assessment Year-2009-10) Bikram Singh Vs Dcit 8/34, Mehram Nagar Circle 15 (1), New Delhi New Delhi Abkps5232P (Respondent) (Appellant)

246A of the Income Tax Act. 5.6 That further the findings of the Learned CIT(A) is in disregard of the judgment of the Full Bench of the Delhi High Court in the case of Sardari Lal & Sons and thus the appellate order suffers from the lack of jurisdiction, in respect of addition which has been directed to be made

CIT vs. ANIL KUMAR BHATIA

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

246A and 276CC to give reference to section 153A in these sections. 65.12 These amendments will take effect from June 1, 2003.” 18. A perusal of Section 153A shows that it starts with a non obstante clause relating to normal assessment procedure which is covered by Sections 139, 147, 148, 149, 151 and 153 in respect of searches made after

CIT vs. ANIL KUMAR BHATIA

246A and 276CC to give reference to section 153A in these sections. 65.12 These amendments will take effect from June 1, 2003.” 18. A perusal of Section 153A shows that it starts with a non obstante clause relating to normal assessment procedure which is covered by Sections 139, 147, 148, 149, 151 and 153 in respect of searches made after

JUBILANT BIOSYS LTD,NOIDA vs. DCIT, CIRCLE-1, NOIDA

In the result appeals filed by assessee in all the years under consideration before us stands partly allowed

Bench: Shri Nk Saini & Smt. Beena A Pillai

246A of the Act. 3. On the facts and in the circumstances of the case and in law, Ld.CIT(A) has grossly erred in making the aforesaid disallowance of revenue expenditure of Rs.102,52,32,000 (including depreciation and interest) and failed to appreciate that the appellant had produced complete information with regard to nature of expenditure incurred for earning

JUBILANT BIOSYS LTD.,NOIDA vs. JCIT, RANGE- 1, NOIDA

In the result appeals filed by assessee in all the years under consideration before us stands partly allowed

Bench: Shri Nk Saini & Smt. Beena A Pillai

246A of the Act. 3. On the facts and in the circumstances of the case and in law, Ld.CIT(A) has grossly erred in making the aforesaid disallowance of revenue expenditure of Rs.102,52,32,000 (including depreciation and interest) and failed to appreciate that the appellant had produced complete information with regard to nature of expenditure incurred for earning

JUBILANT CHEMSYS LTD.,NOIDA vs. DCIT, CIRCLE-1, NOIDA

In the result appeals filed by assessee in all the years under consideration before us stands partly allowed

Bench: Shri Nk Saini & Smt. Beena A Pillai

246A of the Act. 3. On the facts and in the circumstances of the case and in law, Ld.CIT(A) has grossly erred in making the aforesaid disallowance of revenue expenditure of Rs.102,52,32,000 (including depreciation and interest) and failed to appreciate that the appellant had produced complete information with regard to nature of expenditure incurred for earning

JUBILANT CHEMSYS LTD.,NOIDA vs. DCIT, CIRCLE-1, NOIDA

In the result appeals filed by assessee in all the years under consideration before us stands partly allowed

Bench: Shri Nk Saini & Smt. Beena A Pillai

246A of the Act. 3. On the facts and in the circumstances of the case and in law, Ld.CIT(A) has grossly erred in making the aforesaid disallowance of revenue expenditure of Rs.102,52,32,000 (including depreciation and interest) and failed to appreciate that the appellant had produced complete information with regard to nature of expenditure incurred for earning