DESIGNARCH INFRASTRUCTURE P.LTD,NEW DELHI vs. ITO, WARD-7(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 8199/Del/2019 : Asstt. Year : 2010-11 Designarch Infrastructure Pvt. Ltd., Vs. Income Tax Officer, L-7A(Lgf), South Extension, Part-Ii, Ward-7(1), New Delhi-110049 New Delhi-110002 (Appellant) (Respondent) Pan No. Aacfi4218C Assessee By : Sh. Raj Kumar, Ca Revenue By : Sh. Jagdish Singh, Sr. Dr Date Of Hearing: 12.10.2020 Date Of Pronouncement: 21.10.2020

reassessment proceedings. 16. Explanation-3 to Section 147 reads as under: “Section 147…………………….. [Explanation 3.—For the purpose of assessment

M/S. INDIA EXPOSITION MART LTD.,NEW DELHI vs. DCIT, NEW DELHI

147, if the Assessing Officer has reason to\nbelieve that any income chargeable to tax has escaped assessment for\nany assessment year, he may, subject to the provisions of sections 148\nto 153, assess or reassess

HURON BUILDERS PVT LTD,NEW DELHI vs. ITO WARD - 6(1), NEW DELHI

In the result the appeal is allowed on this preliminary

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

reassessment proceedings for the assessment year 2013-14. (PB page 55 to 66) (vii) 13.12.2017 Petition under section 144A filed before Jt.CIT/Addl.CIT for seeking direction on validity of initiation of proceedings under section 147

PR. COMMISSIONER OF INCOME TAX -7 vs. SUNLIGHT TOUR AND TRAVELS PVT. LTD.

Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

147. Sub- section (2) of section 148 mandates reasons for issuance of notice by the Assessing Officer and sub-section (1) thereof mandates service of notice to the assessee before the Assessing Officer proceeds to assess, reassess

ACIT CIRCLE-59(1), NEW DELHI vs. NEERAJ KUMAR SINGHAL, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

Section 147 of the Income Tax Act, 1961 (the Act) concerning AY 2009-10. 2. The revised grounds of appeal raised by the revenue read as under: “1. On the facts and circumstances of case, the Ld. CIT(A)-37 has erred in facts & law in holding that the reassessment

M/S. OMEGA BIOTECH LTD.,GHAZIABAD vs. ITO, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri Laliet Kumar & Shri B.R.R.Kumar

section 147 to initiate reassessment of the income of the appellant. 5.6 As per Section 147: , “For the purpose of assessment

THE COMMISSIONER OF INCOME TAX-V vs. ORIENT CRAFT LTD

reassessment proceedings only “so long as the ingredients of Section 147 are fulfilled” and with reference to Section 143(1) vis- a-vis Section

ITO, NEW DELHI vs. M/S. SUNLIGHT TOUR AND TRAVELS PVT. LTD., SAHIBABAD

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2007-08]

reassess the income in respect of any issue, which has escaped assessment, and such issue comes to his notice subsequently in the course of the proceedings under this section, notwithstanding that the reasons for such issue have not been included in the reasons recorded under sub-section (2) of section 148.” 16. This insertion of Explanation 3 to Section 147

COMMISSIONER OF INCOME TAX, DELHI VIII vs. INDIAN FARMERS FERTILIZERS CO-OP. LTD.

The appeal stands disposed of accordingly

reassessment proceeding initiated by the Assessing Officer u/s 147 R/W Section 148 of the Act was without jurisdiction?” 3. In order

SMT. CHAYA SINHA,NEW DELHI vs. ACIT, FARIDABAD

In the result the appeal of the assessee is allowed

Bench: Shria.T.Varkey & Shri Prashant Maharishi

reassessment proceedings only "so long as the ingredients of section 147 are fulfilled" and with reference to section 143(1) vis-a-vis section

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 is barred by limitation in terms of section 149 of the Act. Each of the aforesaid contentions is explained as under: Re (a): Re-assessment barred by limitation in terms of proviso to section 147

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 is barred by limitation in terms of section 149 of the Act. Each of the aforesaid contentions is explained as under: Re (a): Re-assessment barred by limitation in terms of proviso to section 147

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

In the result the appeal is allowed and

147 and 148 read with Section 143 of the Act. At the outset we may point out that we find no infirmity in the Department issuing Ext.P3 under Section 148 or Ext.P6 communication disclosing reasons for reopening the assessment. ExtP3 is a notice issued under Section 148 of the Act proposing to reassess

ACIT, NEW DELHI vs. M/S. ENGINEERING PROJECTS INDIA LTD., NEW DELHI

In the result, the Appeal filed by the Revenue stands dismissed

Bench: Shri H.S. Sidhu & Shri N.S. Saini

reassessment proceedings only "so long as the ingredients of Section 147 are fulfilled" and with reference to Section 143(1) vis- a-vis Section

KOHINOOR FOODS LTD. FORMERLY SATNAM OVERSEAS LTD. vs. COMMISSIONER OF INCOME TAX

reassessment on 8th march, 1999 neither the notice under Section 143(2) could have been sent nor there was time limit available under Section 153 of the Act. In this regard he submitted that the Supreme Court in the case of Rajesh Jhaveri Stock Brokers P. Ltd. (supra) has clearly laid down that keeping in view Amendment to Section 147

ADDL.CIT, SPECIAL RANGE-18, NEW DELHI vs. JAGANANTH HEMCHAND JAIN, NEW DELHI

In the result, the appeal of the Revenue as well as Cross Objection of the assessee is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

147 r.w. I.T.A. Nos.7754 & 7755/Del/2018 3 CO Nos.15 & 16/Del/2023 Section 148 of the Act. The grounds of the Cross Objections read as under: “1. That there is no valid assumption of jurisdictions u/s. 147/148 of the Income Tax Act by the assessing officer and consequently the Reassessment

ADDL.CIT, SPECIAL RANGE-18, NEW DELHI vs. JAGANANTH HEMCHAND JAIN, NEW DELHI

In the result, the appeal of the Revenue as well as Cross Objection of the assessee is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

147 r.w. I.T.A. Nos.7754 & 7755/Del/2018 3 CO Nos.15 & 16/Del/2023 Section 148 of the Act. The grounds of the Cross Objections read as under: “1. That there is no valid assumption of jurisdictions u/s. 147/148 of the Income Tax Act by the assessing officer and consequently the Reassessment

DCIT, CENTRAL CIRCLE-8, NEW DELHI vs. BHAIJEE COMMODITIES PVT. LTD., DELHI

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

reassessment proceedings u/s 147 even though the same are without recording proper reasons in terms of provisions of section 147