RAM KISHORE RATHORE,NEW DELHI vs. ACIT, CIRCLE- 53(1), NEW DELHI

In the result, the appeal of the assessee is allowed and Revenue appeal is dismissed

Bench: Shri H. S. Sidhui.T.A. No. 308/Del/2019 Assessment Year: 2011-12 Sh. Ram Kishore Rathore, Vs. Acit, Circle-53(1), C/O M/S Rra Taxindia New Delhi D-28, South Extension, Part-I, New Delhi (Pan:Aaapr4260P) (Assessee) (Respondent)

Section 154, the self same issue cannot be the subject matter of reassessment by taking recourse to Section 147 of the Act. Thus

MAHARASHTRA FEEDS P. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE, FARIDABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

reassessment or re-computation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154

MAHARASHTRA FEEDS P. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE, FARIDABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

reassessment or re-computation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154

SUBHASH CHAND,KARNAL vs. ITO WARD - 4, KARNAL

The appeal of the assessee is allowed

Bench: SHRI ANUBHAV SHARMA (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

section 154(8) of the Act do not come to the rescue. 9. In any case, when the material on record establish that AO was aware of the disputed transaction of short term capital gain for which notice was issued by way of rectification proceedings, and the proceedings are deemed to have been dropped then subsequent assumption of jurisdiction

SECURITY PRINTING AND MINTING CORPORATION OF INDIA LTD,NEW DELHI vs. ACIT, CIRCLE 22(2), NEW DELHI

The appeal of the assessee is dismissed

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

reassessment order dated 02.09.2011passed under section 147/143 of the Act cannot be raised during the appellate proceedings initiated in consequence to the revision/rectification order dated 24.10.2018 passed under section 154/147/143(3) of the Act. Basically, the appellant/assessee, in consequence to the order of the Hon’ble High Court against penalty order, filed an application under section 154

M/S. VIMONI INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumarm/S. Vimoni India Pvt. Ltd., Vs. Dcit, Circle 17 (1), 3-D, Vandana Building, New Delhi. 11, Tolstoy Marg, New Delhi – 110 001. (Pan : Aaacv3859K) (Appellant) (Respondent) Assessee By : Shri Ajay Wadhwa, Advocate Ms. Ragini Handa, Advocate Revenue By : Shri Anirudh Saran Singh, Sr. Dr Date Of Hearing : 07.11.2024 Date Of Order : 22.01.2025 O R D E R Per S.Rifaur Rahman,Am:

154 which was not disposed off and therefore the reassessment proceedings were bad in law and liable to be quashed. 3. Without prejudice to the above, the amount disallowed u/s. 43(8) in respect of unpaid sales tax liability, provident fund and ESI is not correct and hence, the Assessing Officer may kindly be directed to make correct disallowance

TCG DEVELOPMENT INDIA PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

The appeal of the assessee are allowed and reassessment is quashed

Bench: Smt Beena A. Pillai & Shri Prashant Maharishitcg Development India Pvt. Ltd, Vs. Ito, 100, Ground Floor, Ward-16(1), Okhla Industrial Estate, Phase- New Delhi Iii, New Delhi Pan: Aaact2836J (Appellant) (Respondent)

section 147 of the act, he initiated the reassessment proceedings which is a within the time allowed to the learned assessing officer. Therefore there cannot be any fault at the door of the assessing officer in initiating reassessment proceedings on the issue for which 154

DELHI POLICY GROUP (REG),NEW DELHI vs. ITO(E),WARD 1(3), DELHI

In the result, the appeal of the assessee is treated as allowed for statistical purposes

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2013-14

154 of the Act but is the subject matter of scrutiny assessment within the meaning of Section 143(3)or reassessment

DCIT, GURGAON vs. SH. CHANCHAL SINGH DHEK, GURGAON

In the result, the appeal filed by the Revenue is dismissed

Bench: Sh. R. K. Pandaand. Ms. Suchitra Kambleassessment Year: 2005-06 Dcit Vs. Sh. Chanchal Singh Dhek Circle -1 (1) Prop. M/S. Great Roadways Gurgaon Anaj Mandi Chowk, Gurgaon Pan No. Aaopd6087G (Appellant) (Respondent)

reassessment proceedings. Admittedly there is no discussion on the issue of disallowance u/s. 40 (a) (ia) on account of non deduction of tax from lorry hire charges. Therefore, only course of action available was order u/s. 263 and the AO could not have assumed jurisdiction u/s. 154 of the IT Act. We find the Ld.CIT(A) while quashing the rectification

BIJAY KUMAR SONI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-14, NEW DELHI

The appeal of the Revenue is dismissed as infructuous

Bench: Dr. B. R. R. Kumarsh. Sudhir Kumarita No. 1883/Del/2023 : Asstt. Year : 2017-18 Bijay Kumar Soni, Vs Dcit, C/O Anil Jain Dd & Co., Central Circle-14, 611, Surya Kiran Building, 19, New Delhi-110055 K. G. Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aolps5917H Ita No. 2144/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Bijay Kumar Soni, Central Circle-14, 61/14, Block No. 61, Ram Jas, New Delhi-110055 Karol Bagh, New Delhi-110005 (Appellant) (Respondent) Pan No. Aolps5917H Assessee By : Sh. Anil Jain, Ca Revenue By : Ms. Monika Dhami, Cit-Dr Date Of Hearing: 01.08.2023 Date Of Pronouncement: 06.09.2023 Order Per Dr. B. R. R. Kumar:

154, 155 and 158BE and for the purposes of payment of interest under section 244A, this proviso shall also apply accordingly: 60[Provided also that where the assessee exercises the option to withdraw the application under sub-section (1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment

DCIT CENTRAL CIRCLE-14, NEW DELHI vs. SH. VIJAY KUMAR SONI, NEW DELHI

The appeal of the Revenue is dismissed as infructuous

Bench: Dr. B. R. R. Kumarsh. Sudhir Kumarita No. 1883/Del/2023 : Asstt. Year : 2017-18 Bijay Kumar Soni, Vs Dcit, C/O Anil Jain Dd & Co., Central Circle-14, 611, Surya Kiran Building, 19, New Delhi-110055 K. G. Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aolps5917H Ita No. 2144/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Bijay Kumar Soni, Central Circle-14, 61/14, Block No. 61, Ram Jas, New Delhi-110055 Karol Bagh, New Delhi-110005 (Appellant) (Respondent) Pan No. Aolps5917H Assessee By : Sh. Anil Jain, Ca Revenue By : Ms. Monika Dhami, Cit-Dr Date Of Hearing: 01.08.2023 Date Of Pronouncement: 06.09.2023 Order Per Dr. B. R. R. Kumar:

154, 155 and 158BE and for the purposes of payment of interest under section 244A, this proviso shall also apply accordingly: 60[Provided also that where the assessee exercises the option to withdraw the application under sub-section (1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment

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 proceedings, reasons recorded for initiating the aforesaid proceedings were furnished to the assessee on 11.04.2014. In response thereto, the assessee filed letter dated 15.10.2014 objecting to the assumption of jurisdiction under section 147/148 of the Act on several grounds. [refer pages 90 to 154

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 proceedings, reasons recorded for initiating the aforesaid proceedings were furnished to the assessee on 11.04.2014. In response thereto, the assessee filed letter dated 15.10.2014 objecting to the assumption of jurisdiction under section 147/148 of the Act on several grounds. [refer pages 90 to 154

DEPUTY COMMISSIONER OF INCOME TAX, NOIDA vs. FORMULA ONE MARKETING II LIMITED, UNITED KINGDOM

Bench: Shri Shamim Yahya & Shri Sudhir Pareek

154 of the Act is not sustainable. 5. The Ld. CIT(A) observed in impugned order that it is a settled law by virtue of the Hon’ble Supreme Court Judgment that interest u/s 234B is not applicable to the assessee and accordingly the interest levied by the AO u/s 234B is incorrect. Relevant extract of the impugned order

THE BANK OF TOKYO MISTUBISHI UFJ LTD.,,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri N.K. Saini & Before Mr. Bhavnesh Saini

154 or Section 155 or Section 250 or Section 254 or Section 260 or Section 262 or Section 263 or Section 264 or ITA No. 4548/Del/2016 11 Section 245D(4) of the Act then the interest chargeable, if any, under sub section 1 shall be reduced accordingly. Therefore, the interest on the excess amount of refund shall be charged from

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

154 were dropped by the assessing officer. He referred to the questionnaire under section 142 (1) dated 16/12/2004 and issued by the Ld.AO (placed at page 85 to 86 of paper book) during the original assessments, wherein a specific wary regarding the computation of income under section 115 JB of the act has been raised and clarification regarding the brought

DHARAMVIR KHOSLA ,. vs. DCIT CC-5, NEW DELHI , .

The appeals are allowed for statistical purposes and ld

reassessment, if any,\nrelating to any assessment year falling within the period of six assessment\nyears referred to in sub-section (1) is pending on the date of initiation of the\nsearch u/s. 132 of the Act shall abate. In the present case before us,\nhowever, though the second proviso to sub-section (1) of section 153A\nwould not apply

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

154 of the Act seeking rectification of the assessments on the ground that the accumulated profits of the companies paying the dividend were less than the amount of loan or advance given by them to the recipient companies. Negativing the contention, the Assessing Officer („AO‟) decline to rectify the assessments. The order of the CIT (A) 6. The Assessee filed