VANSHIKA MOTORS (P) LTD.,MEERUT vs. ACIT, CIRCLE- 2, MEERUT

Appeals of the assessee are allowed

Bench: Shri Mahavir Singh(), Ms. Madhumita Roy & Shri Avdhesh Kumar Mishra

reassessment shall be passed by an Assessing Officer below the rank of Joint Commissioner in respect of each assessment year referred to in clause (b) of sub-section (1) of section 153A, or the assessment year referred to in clause (b) of sub-section (1) of section 153B, except with the prior approval of the Joint Commissioner.” 8. provision

DCIT, NEW DELHI vs. M/S KHEMKA STUART LEISURE LTD.,, NEW DELHI

Appeals of the assessee are allowed

Bench: Shri Mahavir Singh(), Ms. Madhumita Roy & Shri Avdhesh Kumar Mishra

reassessment shall be passed by an Assessing Officer below the rank of Joint Commissioner in respect of each assessment year referred to in clause (b) of sub-section (1) of section 153A, or the assessment year referred to in clause (b) of sub-section (1) of section 153B, except with the prior approval of the Joint Commissioner.” 8. provision

DHEERAJ CHAUDHARY,NEW DELHI vs. ACIT, CENTRAL CIRCLE-8, NEW DELHI

Appeals of the assessee are allowed

reassessment shall be\npassed by an Assessing Officer below the rank of Joint\nCommissioner in respect of each assessment year referred to in\nclause (b) of sub-section (1) of section 153A, or the assessment year\nreferred to in clause (b) of sub-section (1) of section 153B, except\nwith the prior approval of the Joint Commissioner.”\n8.\nAs argued

DHEERAJ CHAUDHARY,NEW DELHI vs. ACIT, CENTRAL CIRCLE-8, NEW DELHI

Appeals of the assessee are allowed

reassessment shall be\npassed by an Assessing Officer below the rank of Joint\nCommissioner in respect of each assessment year referred to in\nclause (b) of sub-section (1) of section 153A, or the assessment year\nreferred to in clause (b) of sub-section (1) of section 153B, except\nwith the prior approval of the Joint Commissioner

DHEERAJ CHAUDHARY,NEW DELHI vs. ACIT, CENTRAL CIRCLE-8, NEW DELHI

Appeals of the assessee are allowed

reassessment shall be\npassed by an Assessing Officer below the rank of Joint\nCommissioner in respect of each assessment year referred to in\nclause (b) of sub-section (1) of section 153A, or the assessment year\nreferred to in clause (b) of sub-section (1) of section 153B, except\nwith the prior approval of the Joint Commissioner

ACIT, CENTRAL CRCLE-18, NEW DELHI vs. SHIMMER DEVELOPERS P.LTD, NEW DELHI

In the result, appeal of the Revenue is dismissed

Bench: Pradip Kumar Kedia & Shri Anubhav Sharma

reassess income chargeable to tax if he has reason to believe that income for any assessment year has escaped assessment. The word "reason" in the phrase "reason to believe" would mean cause or justification, If the Assessing Officer has couse or justification to know or suppose that income had escaped assessment, it can he said to have reason to believe

DHEERAJ CHAUDHARY,NEW DELHI vs. ACIT, CENTRAL CIRCLE-8, NEW DELHI

Appeals of the assessee are allowed

reassessment shall be\npassed by an Assessing Officer below the rank of Joint\nCommissioner in respect of each assessment year referred to in\nclause (b) of sub-section (1) of section 153A, or the assessment year\nreferred to in clause (b) of sub-section (1) of section 153B, except\nwith the prior approval of the Joint Commissioner.\"\n34\nITA Nos.6158

DHEERAJ CHAUDHARY,NEW DELHI vs. ACIT, CENTRAL CIRCLE-8, NEW DELHI

Appeals of the assessee are allowed

reassessment shall be\npassed by an Assessing Officer below the rank of Joint\nCommissioner in respect of each assessment year referred to in\nclause (b) of sub-section (1) of section 153A, or the assessment year\nreferred to in clause (b) of sub-section (1) of section 153B, except\nwith the prior approval of the Joint Commissioner.”\n\n43\nITA

AKN DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT CC- 26, NEW DELHI

In the result, all the appeals preferred by the assessee on this common ground are allowed

Bench: Shri Shamim Yahya & Ms. Madhumita Roy

reassessment order under Section 153A(1)(b) or 153B(2)(b) of the Act. 16. That such an approval of a superior officer cannot be a mechanical exercise has been emphasized in several decisions. Illustratively, in the context of Section 142 (2-A) which empowers an AO to direct a special audit. The obtaining of the prior approval was held

AKN DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT CC- 26, NEW DELHI

In the result, all the appeals preferred by the assessee on this common ground are allowed

Bench: Shri Shamim Yahya & Ms. Madhumita Roy

reassessment order under Section 153A(1)(b) or 153B(2)(b) of the Act. 16. That such an approval of a superior officer cannot be a mechanical exercise has been emphasized in several decisions. Illustratively, in the context of Section 142 (2-A) which empowers an AO to direct a special audit. The obtaining of the prior approval was held

AKN DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT CC- 26, NEW DELHI

In the result, all the appeals preferred by the assessee on this common ground are allowed

Bench: Shri Shamim Yahya & Ms. Madhumita Roy

reassessment order under Section 153A(1)(b) or 153B(2)(b) of the Act. 16. That such an approval of a superior officer cannot be a mechanical exercise has been emphasized in several decisions. Illustratively, in the context of Section 142 (2-A) which empowers an AO to direct a special audit. The obtaining of the prior approval was held

AKN DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT CC- 26, NEW DELHI

In the result, all the appeals preferred by the assessee on this common ground are allowed

Bench: Shri Shamim Yahya & Ms. Madhumita Roy

reassessment order under Section 153A(1)(b) or 153B(2)(b) of the Act. 16. That such an approval of a superior officer cannot be a mechanical exercise has been emphasized in several decisions. Illustratively, in the context of Section 142 (2-A) which empowers an AO to direct a special audit. The obtaining of the prior approval was held

AKN DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT CC- 26, NEW DELHI

In the result, all the appeals preferred by the assessee on this common ground are allowed

Bench: Shri Shamim Yahya & Ms. Madhumita Roy

reassessment order under Section 153A(1)(b) or 153B(2)(b) of the Act. 16. That such an approval of a superior officer cannot be a mechanical exercise has been emphasized in several decisions. Illustratively, in the context of Section 142 (2-A) which empowers an AO to direct a special audit. The obtaining of the prior approval was held

DCIT CENTRAL CIRCLE-2, DELHI vs. APPLE COMMODITIES LTD. , GAUTAM BUDH NAGAR

In the result, the cross objection filed by the assessee is partly\nallowed and the appeal of the Revenue is dismissed as infructuous

reassessment made u/s\n143(3) r.w.s.147 of the Act based on notice u/s 148, we first take up\nthe grounds in cross objection of the assessee.\n\n5. Assessee in its cross objection raised the following grounds:\n\n1. “On the facts and circumstances of the case and in law,\nthe notice u/s 148 of the Income

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT CC-31 , DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT, CC-31 , DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT, CC-31, DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause