BRIJ GOPAL CONSTRUCTION COMPANY (P) LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-3, DELHI

In the result, assessee’s appeal is allowed

Bench: Shri M Balaganesh & Ms. Madhumita Royassessment Year: 2017-18

u/s 270A of the Act are highly vague in as much as they do not state as to which clause of section 270A(2) of the Act, appellant is alleged to have under-reported income. Infact, even the amount of alleged under-reporting of income has neither been specified and, nor determined in the notice. Also, in the alternative, section

PIVOTAL INFRASTRUCTURE LTD,GURGAON vs. ADDI. CIT SPL. RANGE 76, NEW DELHI

In the result, the appeal filed by the assessee is allowed and penalty imposed by the A

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.I.T.A. No. 6262/Del/2019 (A.Y 2017-18)

196 of the Act. 7) That on the facts and in the circumstances of the case and in law, Ld CIT-A grossly erred in not deleting the impugned penalty order was passed without appreciating that the revenue is failed to pin point the precise provisions / sections under which the assessee is required to withhold the tax on EDC/IDC payments

TS REALTECH PVT LTD,NEW DELHI vs. ACIT RANGE -76, NEW DELHI

The appeals are allowed

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaita No. 4940/Del/2019, A.Y. 2014-15 Ita No. 4941/Del/2019, A.Y. 2015-16 Ita No. 4942/Del/2019, A.Y. 2017-18 T.S. Realtech Private Vs. Acit, Limited Range-76 E-26, Panchsheel Park New Delhi New Delhi – 110017 Pan : Aadck3222C (Appellant) (Respondent)

section 196 of the Income Tax Act. The Assessing Officer passed the order u/s 271(C) of the income tax act imposing a penalty

TS REALTECH PVT LTD,NEW DELHI vs. ACIT RANGE -76, NEW DELHI

The appeals are allowed

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaita No. 4940/Del/2019, A.Y. 2014-15 Ita No. 4941/Del/2019, A.Y. 2015-16 Ita No. 4942/Del/2019, A.Y. 2017-18 T.S. Realtech Private Vs. Acit, Limited Range-76 E-26, Panchsheel Park New Delhi New Delhi – 110017 Pan : Aadck3222C (Appellant) (Respondent)

section 196 of the Income Tax Act. The Assessing Officer passed the order u/s 271(C) of the income tax act imposing a penalty

TS REALTECH PVT LTD,NEW DELHI vs. ACIT RANGE -76, NEW DELHI

The appeals are allowed

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaita No. 4940/Del/2019, A.Y. 2014-15 Ita No. 4941/Del/2019, A.Y. 2015-16 Ita No. 4942/Del/2019, A.Y. 2017-18 T.S. Realtech Private Vs. Acit, Limited Range-76 E-26, Panchsheel Park New Delhi New Delhi – 110017 Pan : Aadck3222C (Appellant) (Respondent)

section 196 of the Income Tax Act. The Assessing Officer passed the order u/s 271(C) of the income tax act imposing a penalty

VIRESH PROMOTERS & DEVELOPERS PVT LTD,NEW DELHI vs. ADDI. CIT RANGE-78, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.7436/Del/2019 िनधा"रणवष"/Assessment Year: 2014-15

196 should not apply on payment of EDC. Assessee also contended that in the absence of any contract between HUDA and assessee the provision I.T.A.No.7436/Del/2019 of section 194C of the Act shall not apply. It was contended that there is no contractor/contractee relationship between HUDA and assessee and existence of contractor/contractee relationship is necessary pre-requisite for the purpose

PIVOTAL INFRASTRUCTURE LTD,GURGAON vs. ADDI. CIT SPL. RANGE 76, NEW DELHI

The appeal are allowed

Bench: Dr. B.R.R. Kumar & Sh. Anubhav Sharmaita No. 6261/Del/2019, A.Y. 2014-15

196 of the Act. 7) That on the facts and in the circumstances of the case and in law, Ld CIT-A grossly erred in not deleting the impugned penalty order was passed without appreciating that the revenue is failed to pin point the precise provisions / sections under which the assesse is required to withhold the tax on EDC/IDC payments

TDI INFRASTRUCTURE LTD.,NEW DELHI vs. ADDI. CIT RANGE-76, NEW DELHI

In the result, appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad & Shri [Dr.] B.R.R. Kumar

196 of the Act and as such, penalty s<: imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced' on record and also without providing fair and proper opportunity of being heard, hence such

TDI INFRASTRUCTURE LTD.,NEW DELHI vs. ADDI. CIT RANGE-76, NEW DELHI

In the result, appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad & Shri [Dr.] B.R.R. Kumar

196 of the Act and as such, penalty s<: imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced' on record and also without providing fair and proper opportunity of being heard, hence such

TDI REALCON PVT LTD,NEW DELHI vs. ADDI. CIT SPL. RANGE-76, NEW DELHI

In the result, appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad & Shri [Dr.] B.R.R. Kumar

196 of the Act and as such, penalty s<: imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced' on record and also without providing fair and proper opportunity of being heard, hence such

TDI REALCON PVT LTD,NEW DELHI vs. ADDI. CIT SPL. RANGE-76, NEW DELHI

In the result, appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad & Shri [Dr.] B.R.R. Kumar

196 of the Act and as such, penalty s<: imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced' on record and also without providing fair and proper opportunity of being heard, hence such

SHYAM COMMUNICATION SYSTEMS,NEW DELHI vs. JCIT, RANGE-77, NEW DELHI

In the result, all the three appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad:Assessment Year: 2015-16

196, therefore not subjected to TDS - The bonafide belief of the assessee stands confirmed by the clarification of DTCP, Govt. of Haryana vides its clarification Dtd.19.06.18, which also provided that position of no TDS on EDC was even applicable before 19.06.18. - The letter of CBDT Dtd. 23.12.17 is subsequent to the payments made - In the case of RPS Infrastrucutre

TDI INFRASTRUCTURE LTD.,NEW DELHI vs. ADDI. CIT RANGE-76, NEW DELHI

The appeals are allowed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmatdi Infrastructure Ltd. Vs. Addl. Cit, 10, Shaheed Bhagat Singh Marg, Range-76, Connaught Place, New Delhi New Delhi- 110001 Pan : Aaaci5799P (Appellant) (Respondent)

196 of the Act and as such, penalty so imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced on record and also without providing fair and proper opportunity of being heard, hence such

TULIP INFRATECH PVT. LTD.,NEW DELHI vs. ACIT, SPECIAL RANGE-76, NEW DELHI

The appeals are allowed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No.6734/Del/2019, A.Y. 2014-15 Ita No.6735/Del/2019, A.Y. 2016-17 Ita No.6736/Del/2019, A.Y. 2017-18

196 of the Act and as such, penalty so imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced on record and also without providing fair and proper opportunity of being heard, hence such

TULIP INFRATECH PVT. LTD.,NEW DELHI vs. ACIT, SPECIAL RANGE-76, NEW DELHI

The appeals are allowed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No.6734/Del/2019, A.Y. 2014-15 Ita No.6735/Del/2019, A.Y. 2016-17 Ita No.6736/Del/2019, A.Y. 2017-18

196 of the Act and as such, penalty so imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced on record and also without providing fair and proper opportunity of being heard, hence such

TULIP INFRATECH PVT. LTD.,NEW DELHI vs. ACIT, SPECIAL RANGE-76, NEW DELHI

The appeals are allowed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No.6734/Del/2019, A.Y. 2014-15 Ita No.6735/Del/2019, A.Y. 2016-17 Ita No.6736/Del/2019, A.Y. 2017-18

196 of the Act and as such, penalty so imposed needs to be deleted. 1.2 That the adverse findings recorded by the learned AO and Commissioner of Income Tax (Appeals) are perverse and have been recorded with preconceived notions and without considering the submissions/evidences/material produced on record and also without providing fair and proper opportunity of being heard, hence such

REGARDS DEVELOPERS PVT LTD,NEW DELHI vs. ADDI. CIT RANGE-78, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 6535/Del/2019 : Asstt. Year : 2017-18 Regards Developers Pvt. Ltd., Vs Addl. Cit, 895, Nai Sarak, Range-78, New Delhi-110006 New Delhi (Appellant) (Respondent) Pan No. Aaccr5651D Assessee By : None Revenue By : Sh. Sanjay Nargas, Sr. Dr Date Of Hearing: 28.11.2022 Date Of Pronouncement: 30.11.2022

196 for deduction of TDS and accordingly 30% of Rs. 4,95,24,157/- was added back to the income of assessee. 2.2 Further, Ld. AO had disallowed a sum of Rs. 45,501 /- on account of expenses relating to previous years under the head ‘Welfare Expenses, internal excess charges, deposited charges, business promotion’. 3. Ld. CIT(A) had sustained

OPG SECURITIES PRIVATE LTD. ,DELHI vs. DCIT CENTRAL CIRCLE-8, DELHI

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 1818/Del/2021 : Asstt. Year : 2012-13 Ita No. 1819/Del/2021 : Asstt. Year : 2013-14 Ita No. 1820/Del/2021 : Asstt. Year : 2014-15 Ita No. 1821/Del/2021 : Asstt. Year : 2015-16 Ita No. 1822/Del/2021 : Asstt. Year : 2016-17 Ita No. 1823/Del/2021 : Asstt. Year : 2017-18 Ita No. 1824/Del/2021 : Asstt. Year : 2018-19 Opg Securities Pvt. Ltd., Vs Dcit, 1St Floor, 4/10, Asaf Ali Road, Central Circle-8, New Delhi-110002 New Delhi-110055 (Appellant) (Respondent) Pan No. Aaaco1081C Ita No. 1204/Del/2022 : Asstt. Year : 2012-13 Ita No. 1205/Del/2022 : Asstt. Year : 2013-14 Ita No. 1206/Del/2022 : Asstt. Year : 2014-15 Opg Securities Pvt. Ltd., Vs Dcit, E-24, Preet Vihar, Central Circle-8, New Delhi-110092 New Delhi-110055 (Appellant) (Respondent) Pan No. Aaaco1081C Ita No. 57/Del/2022 : Asstt. Year : 2016-17 Ita No. 58/Del/2022 : Asstt. Year : 2017-18 Ita No. 59/Del/2022 : Asstt. Year : 2018-19 Dcit, Vs Opg Securities Pvt. Ltd., 1St Floor, 4/10, Asaf Ali Road, Central Circle-8, New Delhi-110055 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaaco1081C Assessee By : Sh. Akshat Jain, Ca & Sh. Rajat Jain, Ca Revenue By : Sh. Subhra J. Chakraborty, Cit-Dr

196 made / sustained by CIT(A) (B) Total 3,98,800 2,50,56,315 1,04,20,285 Enhancement of income made by CIT(A) (A)-(B) 4. From the above table, it is evident that total enhancement of income made by ld. CIT(A) consist of two aspect one is enhancement of income due to peak credit

OPG SECURITIES PRIVATE LIMITED,DELHI vs. DCIT,CENTRAL CIRCLE-8 , NEW DELHI

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 1818/Del/2021 : Asstt. Year : 2012-13 Ita No. 1819/Del/2021 : Asstt. Year : 2013-14 Ita No. 1820/Del/2021 : Asstt. Year : 2014-15 Ita No. 1821/Del/2021 : Asstt. Year : 2015-16 Ita No. 1822/Del/2021 : Asstt. Year : 2016-17 Ita No. 1823/Del/2021 : Asstt. Year : 2017-18 Ita No. 1824/Del/2021 : Asstt. Year : 2018-19 Opg Securities Pvt. Ltd., Vs Dcit, 1St Floor, 4/10, Asaf Ali Road, Central Circle-8, New Delhi-110002 New Delhi-110055 (Appellant) (Respondent) Pan No. Aaaco1081C Ita No. 1204/Del/2022 : Asstt. Year : 2012-13 Ita No. 1205/Del/2022 : Asstt. Year : 2013-14 Ita No. 1206/Del/2022 : Asstt. Year : 2014-15 Opg Securities Pvt. Ltd., Vs Dcit, E-24, Preet Vihar, Central Circle-8, New Delhi-110092 New Delhi-110055 (Appellant) (Respondent) Pan No. Aaaco1081C Ita No. 57/Del/2022 : Asstt. Year : 2016-17 Ita No. 58/Del/2022 : Asstt. Year : 2017-18 Ita No. 59/Del/2022 : Asstt. Year : 2018-19 Dcit, Vs Opg Securities Pvt. Ltd., 1St Floor, 4/10, Asaf Ali Road, Central Circle-8, New Delhi-110055 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaaco1081C Assessee By : Sh. Akshat Jain, Ca & Sh. Rajat Jain, Ca Revenue By : Sh. Subhra J. Chakraborty, Cit-Dr

196 made / sustained by CIT(A) (B) Total 3,98,800 2,50,56,315 1,04,20,285 Enhancement of income made by CIT(A) (A)-(B) 4. From the above table, it is evident that total enhancement of income made by ld. CIT(A) consist of two aspect one is enhancement of income due to peak credit