RAJAN GUPTA vs. COMMISSIONER OF INCOME TAX

The appeal is allowed as aforesaid

2) Where a return has been furnished under section 139, or in response to a notice under sub-section (1) of section 142, the Assessing Officer shall,– (i) xxxx xxxx xxxx xxxx (ii) notwithstanding anything contained in clause (i), if he considers it necessary or expedient to ensure that

COMMSSIONER OF INCOME TAX DELHI-XVI vs. S.S. AHLUWALIA

142(1) or 143(2) or after completion of assessment, whichever was earlier. If no return of income was made, objection to the jurisdiction could be entertained, if made within the time allowed by way of notice under Section 115WD(2)/142(1)/115WH(1)/148 of the Act to make the return or by notice under first proviso

COMMISSIONER OF WEALTH TAX vs. S.S. AHLUWALIA

142(1) or 143(2) or after completion of assessment, whichever was earlier. If no return of income was made, objection to the jurisdiction could be entertained, if made within the time allowed by way of notice under Section 115WD(2)/142(1)/115WH(1)/148 of the Act to make the return or by notice under first proviso

VINOD MONGIA,WAST AZAD NAGAR, DELHI vs. INCOME TAX OFFICER , VIKAS BHAWAN,DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2012-13] Vinod Mongia, Vs Ito, C-40, Street No.1A, West Ward-58(7), Azad Nagar, Delhi-110005. Vikas Bhawan, Pan-Akhpm6218R Delhi Appellant Respondent Appellant By Shri Shivam Jain, Adv. & Shri Nitin Kanwar, Adv. Respondent By Shri Om Parkash, Sr. Dr Date Of Hearing 14.05.2025 Date Of Pronouncement 31.07.2025

2) Where a return has been furnished under section 139, or in response to a notice under sub-section (1) of section 142, the Assessing Officer or the prescribed income-tax authority, as the case may be, if, considers it necessary or expedient to ensure that the assessee has not understated the income or has not computed excessive loss

SH. SANJAY DALMIA,NEW DELHI vs. DCIT, NEW DELHI

In the result all the appeal filed by the assessee are dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

142, sub-section (2) and (3) of Section 143, Section 144 and Section 145 shall, so far as may be, apply." An analysis of this sub section indicates that, after the return is filed, this clause enables the assessing officer to complete the assessment by following the procedure like issue of notice under Sections 143(2)/142 and complete

M/S UNITECH LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, assessee’s appeals is allowed and revenue’s appeal is dismissed

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2009-10 M/S. Unitech Ltd., Vs. Additional Cit, 6-Community Centre, Range-18, Saket, New Delhi-1100 17 New Delhi. (Pan: Aaacu1482H) (Appellant) (Respondent) Assessment Year: 2009-10 Additional Cit, Vs. M/S. Unitech Ltd., Range-18, 6-Community Centre, New Delhi. Saket, New Delhi (Pan: Aaacu1482H) (Appellant) (Respondent) Assessee By: S/Shri Salil Aggarwal, Adv., Gautam And, Ca & Shjalesh Gupta, Ca Department By: S/Shri Dilip Shivpuri & Ruchir Bhatia, Government Standing Counsels Date Of Hearing : 12 .01.2016 Date Of Pronouncement: 08 :04.2016 Order Per I.C. Sudhir:These Cross Appeals Preferred By Assessee & Revenue Are Directed Against The Order Of Learned Cit(A)-Xxi, New Delhi Dated 16.8.2013 & Relate To Assessment Year 2009-10. 2. The Appellant-Assessee Is A Public Limited Company Engaged In The Business Of Construction & Development Of Real Estate Projects. For The Assessment Year Under Consideration, It Filed A Return Declaring An Income Of Rs. 922,30,17,671/- On 29.9.2009, Which Came To Be Assessed At An Income Of Rs. 3361,18,87,560/- In An Order Dated 1.8.2012 Under Section 143(3) Of The Act. On Appeal, Learned Cit(A) Granted Part Relief To The Appellant & Hence The Appeals Before Us.

reassessments. Sub-Section (1) of Section 153 of the Act provides as under: “153 (1) No order of assessment shall be made under section 143 r section 144 at any time after the expiry of a) two years from the end of the assessment year in which the income was first assessable; or b) one year from

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

reassessment proceedings under section 147 / 148 of the Act based on the issue of an invalid notice under section 143(2) of the Act which is the primary requirement for initiation of any assessment proceedings;” Below Ground No. 3.11, the following grounds are added; Cairn U K Holdings Limited V DCIT ( International Taxation) New Delhi

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-18, NEW DELHI

In the result, the appeals of the revenue in ITA No

Bench: Sh. C.N. Prasad & Sh. M. Balaganesh

2) of section 150 as it stands, in our view, a fair and just interpretation would be that the authority under the Act has been empowered only to reopen assessments, which have not already been closed and attained finality due to the operation of the bar of limitation under section 149. 19. This Court took similar view in the case

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE-18, DELHI

In the result, the appeals of the revenue in ITA No

Bench: Sh. C.N. Prasad & Sh. M. Balaganesh

2) of section 150 as it stands, in our view, a fair and just interpretation would be that the authority under the Act has been empowered only to reopen assessments, which have not already been closed and attained finality due to the operation of the bar of limitation under section 149. 19. This Court took similar view in the case

PROVIDENT INV. & INDUSTRIES (P) LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result ground No. 5 of the appeal of the assessee is dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiprovident Inv & Industries P Ltd, Vs. Ito, Ward-14(2), 4Th Floor, Ito, A-49, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi Cr Building, New Delhi Pan:Aabcj4816P (Appellant) (Respondent)

reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153A, shall be made within one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153B, whichever is later. Explanation 1. —In computing the period of limitation for the purposes

MAHAVIR SINGH,NEW DELHI vs. ITO, WARD-8(2), NEW DELHI

Bench: SHRI G.S. PANNU, HON'BLE (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)

142(1) dt.07.11.2017 issued by Ward 8(2), Delhi, in which no objection was raised regarding assumption of jurisdiction or service of notice u/s 143(2). In this regard, Section 292BB of the act is reproduced here: “Where an assessee has appeared in any proceeding or co-operated in any inquiry relating to an assessment or reassessment

M/s JAY BHARAT MARUTI LTD vs. COMMISSIONER OF INCOME TAX

In the result the appeal is allowed and

reassess any income chargeable to tax which virtually has no connection with the reasons already disclosed in the notice issued under Section 148(2). Admittedly no notice under Sub-section (2) of Section 148 was issued in respect of the income which is stated to have escaped for which notice under Section 143(2) and 142

ITO, WARD- 3(3), NOIDA vs. SATISH, GAUTAM BUDH NAGAR

In the result, all the aforesaid 03 appeals filed by the Revenue stand allowed for statistical purposes

Bench: Shri H.S. Sidhu

reassessment. 8. That the appeal is preferred as per para 8(a) of the CBDT Circular No. 21/2015 dated 10.12.2015 notwithstanding the fact that tax effect in this case is below Rs. 1 lakhs. 9. The appellant craves to leave, add, alter and amend any of the grounds of appeal on or before hearing. 10. That the order

ITO, WARD- 2(1), NOIDA vs. LOKESH KUMAR SHARMA, G B NAGAR

In the result, all the aforesaid 03 appeals filed by the Revenue stand allowed for statistical purposes

Bench: Shri H.S. Sidhu

reassessment. 8. That the appeal is preferred as per para 8(a) of the CBDT Circular No. 21/2015 dated 10.12.2015 notwithstanding the fact that tax effect in this case is below Rs. 1 lakhs. 9. The appellant craves to leave, add, alter and amend any of the grounds of appeal on or before hearing. 10. That the order

ITO, WARD-3(3), NOIDA vs. SANJAY, G B NAGAR

In the result, all the aforesaid 03 appeals filed by the Revenue stand allowed for statistical purposes

Bench: Shri H.S. Sidhu

reassessment. 8. That the appeal is preferred as per para 8(a) of the CBDT Circular No. 21/2015 dated 10.12.2015 notwithstanding the fact that tax effect in this case is below Rs. 1 lakhs. 9. The appellant craves to leave, add, alter and amend any of the grounds of appeal on or before hearing. 10. That the order

SHRI RISHAV PRAKASH JAIN,NEW DELHI vs. ITO, NEW DELHI

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

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year : 2001-02 Rishav Prakash Jain, Vs. Ito, 2683/85, Gali Pattey Wali, Ward-30(4), Naya Bazar, New Delhi. New Delhi. Pan: Aagpj5075N (Appellant) (Respondent)

reassessment. Section 292 BB of the Act cannot obviate the requirement of complying with a jurisdictional condition. For the Assessing Officer to make an order of assessment under Section 143 (3) of the Act, it is necessary to issue a notice under Section 143 (2) of the Act and in the absence of a notice under Section 143 (2

SMT ARTI SHARMA,GURGAON vs. ITO, GURGAON

In the result, the appeal of the assessee is dismissed

Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2010-11 Smt. Arti Sharma, Vs. Income Tax Officer, C/O- Kunal Aggarwal & Ward-3(3), Gurgaon Associates, 2Nd Floor Jmd Megapolis, Sector-48, Sohna Road, Gurgaon Pan :Bexps5432Q (Appellant) (Respondent)

reassessment in general has been provided in section 153 of the Act. For completion of the assessment under section 147, time limit has been provided in sub-section 2 of section 153 of the Act. During the relevant period, the said section provided time limit for completion of the assessment under section 147 of the Act as one 14 year

PR. COMMISSIONER OF INCOME TAX-1, DELHI vs. M/S DART INFRABUILD (P) LTD.

Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE GIRISH KATHPALIA

reassessment. Section 292BB of the Act cannot obviate the requirement or complying with a jurisdictional condition. For the Assessing Officer to make an order of assessment under section 143(3) of the Act, it is necessary to issue a notice under section 143(2) of the Act and in the absence of a notice under section 143(2