ACIT, NEW DELHI vs. M/S COOPER STANDARD INDIA PVT. LTD.,, NEW DELHI

Bench: Ms. Sushma Chowladr. B. R. R. Kumarita No. 609/Del./2017 : Asstt. Year : 2008-09 Asstt. Commissioner Of Vs M/S Cooper Standard India Pvt. Ltd., Income Tax, Circle-6(2), (Formerly Known As Metzeler New Delhi Automative Profiles India Ltd.), 301- 302, Tolstoy House, Tolstoy Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacw0019N Co No. 47/Del./2017 : Asstt. Year : 2008-09 M/S Cooper Standard India Pvt. Vs Asstt. Commissioner Of Ltd., (Formerly Known As Metzeler Income Tax, Circle-6(2), Automative Profiles India Ltd.), New Delhi 301-302, Tolstoy House, Tolstoy Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacw0019N Assessee By : Sh. A. K. Batra, Ca Revenue By : Ms. Ashima Neb, Sr. Dr Date Of Hearing: 03.10.2019 Date Of Pronouncement: 30.10.2019

reassess the company's income, then it would have stated in Section 115-J that "income of the company as accepted

ACIT, CC-30, NEW DELHI vs. AMARJYOTI VANIJYA PVT. LTD., NEW DELHI

In the result, all the appeals of the Revenue are dismissed

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

115 JB of the Act. The said argument has no substance and has to be rejected. Under Section 153A of the Act, the additions need not be restricted or limited to the incriminating material, which was found during the course of search. There cannot be multiple assessments, once Section 153A of the Act is 44 I.T.As. No. 4046, 4047 & 4048/DEL/2017

ACIT, CC-30, NEW DELHI vs. AMARJYOTI VANIJYA PVT. LTD., NEW DELHI

In the result, all the appeals of the Revenue are dismissed

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

115 JB of the Act. The said argument has no substance and has to be rejected. Under Section 153A of the Act, the additions need not be restricted or limited to the incriminating material, which was found during the course of search. There cannot be multiple assessments, once Section 153A of the Act is 44 I.T.As. No. 4046, 4047 & 4048/DEL/2017

ACIT. CENTRAL CIRCLE- 30, NEW DELHI vs. AMARJYOTI VANIJYA (P) LTD., NEW DELHI

In the result, all the appeals of the Revenue are dismissed

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

115 JB of the Act. The said argument has no substance and has to be rejected. Under Section 153A of the Act, the additions need not be restricted or limited to the incriminating material, which was found during the course of search. There cannot be multiple assessments, once Section 153A of the Act is 44 I.T.As. No. 4046, 4047 & 4048/DEL/2017

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

DCIT, NEW DELHI vs. M/S INDO RAMA SYNTHETICS (I) LTD., NEW DELHI

In the result the appeal filed by the revenue stands dismissed

Bench: Shri G. D. Agrawal, Hon’Ble & Smt. Beena A. Pillai

section 115 JB of the Act. 2.1 On 31/03/2008, the ld.AO initiated reassessment proceedings under section 148 of the Act on the ground

ACIT, NEW DELHI vs. SH. EMPIRE CASTING PVT. LTD., NEW DELHI

In the result, the appeal of the revenue and C

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahu

115 JB of the Act. The said argument has no substance and has to be rejected. Under Section 153A of the Act, the additions need not be restricted or limited to the incriminating material, which was found during the course of search. There cannot be multiple assessments, once Section 153A of the Act is applicable. Section 153A (1) postulates

BSES YAMUNA POWER LTD,DELHI vs. ACIT, CIRCLE-5(1), NEW DEL;HI

The appeal of the assessee is allowed on legal issues

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

reassessment and the assessment order passed by him was treated to be invalid. This judgment was followed and discussed by various Benches of ITAT and the High Court in the following judgements: 108 TTJ(Asr)I, 108 ITD (Agra)115

BSES YAMUNA POWER LTD.,NEW DELHI vs. DCIT, CIRCLE- 5(1), NEW DELHI

The appeal of the assessee is allowed on legal issues

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

reassessment and the assessment order passed by him was treated to be invalid. This judgment was followed and discussed by various Benches of ITAT and the High Court in the following judgements: 108 TTJ(Asr)I, 108 ITD (Agra)115

JINDAL STEEL & POWER LTD.,HISAR vs. CIT, HISAR

In the result, appeal of the assessee is allowed

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

115 TTJ 497 In view of the aforesaid, the assessment order qua the issues/ claim, which was subject matter of appeal before the CIT(A) and ITAT (deduction under sections 80IA and 80IB of the Act), merged with the order of the CIT(A). Consequently, the said claim/ issue(s) 14 ITA No.1462.Del.2016 Jindal Steel & Power Limited was clearly

MAHESH KUMAR,DELHI vs. ITO,WARD-68(6), DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

reassessment order passed u/s 147 of the Act is further not tenable under the law because the additions made on the basis of reasons recorded for reopening were deleted by Ld. CIT(A) and thus, no additions on the basis of reasons recorded for reopening survives in case of assessee.” 2 4. The Ld. Counsel for the assessee being aggrieved

INCOME TAX OFFICER, WARD 3(1), DELHI, DELHI vs. ARTISTIC FINANCE PRIVATE LIMITED, DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

reassessment order passed u/s 147 of the Act is further not tenable under the law because the additions made on the basis of reasons recorded for reopening were deleted by Ld. CIT(A) and thus, no additions on the basis of reasons recorded for reopening survives in case of assessee.” 2 4. The Ld. Counsel for the assessee being aggrieved

COMMISSIONER OF INCOME TAX (CENTRAL)-III vs. KABUL CHAWLA

115 JB although no material was found specific to such addition. The Court held that under Section 153A “the additions need not be restricted or limited to the incriminating material, which was found during the course of search.” Consequently even if no incriminating material was found for the addition under Section 115JB of the Act, since there was some incriminating

COMMISSIONER OF INCOME TAX (CENTRAL)-III vs. KABUL CHAWLA

115 JB although no material was found specific to such addition. The Court held that under Section 153A “the additions need not be restricted or limited to the incriminating material, which was found during the course of search.” Consequently even if no incriminating material was found for the addition under Section 115JB of the Act, since there was some incriminating

COMMISSIONER OF INCOME TAX (CENTRAL)-III vs. KABUL CHAWLA

115 JB although no material was found specific to such addition. The Court held that under Section 153A “the additions need not be restricted or limited to the incriminating material, which was found during the course of search.” Consequently even if no incriminating material was found for the addition under Section 115JB of the Act, since there was some incriminating

WACHOVIA MARKETING PVT. LTD.,DELHI vs. ITO,WARD-27(2), NEW DELHI

In the result, the appeal of assessee is dismissed

Bench: Shri Anil Chaturvedi

reassessment in the case of search operations are to be conducted in a different manner and accordingly, section 153A and section 153C are enacted. The abatement clause is provided in order to avoid parallel proceedings. Thus, once the seized materials are handed over to the Assessing Officer having jurisdiction, then the Assessing Officer shall have no option, but to issue

HCL SINGAPORE PTE. LTD (SUCCESSOR TO AXON SOLUTIONS SINGAPORE PTE LIMITED),DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, DELHI

In the result, similar grounds of appeal, in all the captioned

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

reassessment proceedings have been initiated and final assessment order has been passed in contravention of the procedure prescribed under section 151A of the Act. RECEIPTS OF THE APPELLANT FROM HCLT NOT TAXABLE IN INDIA 4. Issue squarely covered in favour of the Appellant by binding decision of the Tribunal 41 That, at the outset, the assessing officer erred on facts

HCL TECHNOLOGIES NORWAY AS ,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, DELHI

In the result, similar grounds of appeal, in all the captioned

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

reassessment proceedings have been initiated and final assessment order has been passed in contravention of the procedure prescribed under section 151A of the Act. RECEIPTS OF THE APPELLANT FROM HCLT NOT TAXABLE IN INDIA 4. Issue squarely covered in favour of the Appellant by binding decision of the Tribunal 41 That, at the outset, the assessing officer erred on facts