LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- NOIDA, INTERNATIONAL TAXATION, NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

234D of the Act without appreciating that no refund was granted to the Appellant. 11. That the AO/ DRP has grossly erred in law and facts withdrawing interest under section 244A of the Act. 12. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271(l)(c) of the Act and alleging that

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- 2(2)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

234D of the Act without appreciating that no refund was granted to the Appellant. 11. That the AO/ DRP has grossly erred in law and facts withdrawing interest under section 244A of the Act. 12. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271(l)(c) of the Act and alleging that

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

234D. (1) Subject to the other provisions of this Act, where any refund is granted to the assessee under sub-section (1) of section 143, and— (a) No refund is due on regular assessment; or (b) The amount refunded under sub-section (1) of section 143 exceeds the amount refundable on regular assessment, the assessee shall be liable

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

HONDA TRADING ASIA CO. LTD.,NOIDA vs. DCIT, NOIDA

Appeals of the assessee are allowed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishihonda Motor Co. Ltd, Vs. Dcit(International Srbc & Associates, Taxation) 4Th & 5Th Floor, Plot No. 2B, Circle-Noida, Tower-2, Sector-126, Noida Noida Pan: Aacch3050J (Appellant) (Respondent)

234D of the Act without appreciating that no refund was granted to the appellant. 14. That the AO/DRP has grossly erred in law and facts in initiating the penalty section 271(l)(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income

HONDA TRADING ASIA CO. LTD,NOIDA vs. DCIT, NOIDA

Appeals of the assessee are allowed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishihonda Motor Co. Ltd, Vs. Dcit(International Srbc & Associates, Taxation) 4Th & 5Th Floor, Plot No. 2B, Circle-Noida, Tower-2, Sector-126, Noida Noida Pan: Aacch3050J (Appellant) (Respondent)

234D of the Act without appreciating that no refund was granted to the appellant. 14. That the AO/DRP has grossly erred in law and facts in initiating the penalty section 271(l)(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income

DEEPANSHU PROJECTS PRIVATE LIMITED,DELHI vs. ITO, WARD-7(1), C. R. BUILDING

Appeal is allowed in above terms

234D", "40(a)(ia)" ], "issues": "Whether the Section 148 notice issued for reassessment proceedings, beyond the prescribed time limits, was backed

GE NUOVO PIGNONE SPA,GURGAON vs. DCIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), NEW DELHI

In the result, appeal filed by assessee stands partly allowed

Bench: Shri Nk Saini & Smt. Beena A Pillaiay: 2009-10 Ge Nuovo Pignone Spa Vs. Dcit, International Taxation C/O 6Th Floor, Building No.7 A Circle 1(3)(1) Standard Chartered Building New Delhi Dlf Cyber City, Phase Iii Gurgaon 122 002 Haryana

234D of the Act. The Ld. AO has erred in law and on facts of the case in proposing to initiate penalty proceedings under section 271(1)(c) of the Act against the Assessee.” 3.1. The DRP passed order on 12/09/17, and upheld attribution of income by Ld.AO. ITA No. 6892/Del/2017 A.Y. 2009-10 GE Nuovo Pignone SPA, Gurgaon

MOTOROLA SOLUTIONS INDIA PVT. LTD.,GURGAON vs. DCIT, CIRCLE- 2, GURGAON

In the result, Appeal of the Assessee is partly allowed

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar Usi.T.A. No. 672/Del/2018 (A.Y 2008-09)

234D of the Act. 9.1. That the Ld. AO has in facts and in law in withdrawing interest under section 244A of the Act. 10. That the Ld. AO has erred on the facts and the circumstances of the case and in law in mechanically initiating the penalty proceedings under section 271(1)(c) of the Act against the appellant

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 147 to 151 of the Income Tax Act, 1961. 2. That in any case and in any view of the matter, Ld. CIT(A) has erred in law and on facts in not quashing the impugned reassessment order passed by Ld. AO u/s 147/143(3) and that too without assuming jurisdiction as per law and without serving the mandatory

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, tax shall be calculated on the aggregate of the total income as assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147 and the income disclosed in the application as if such aggregate were the total income. FORM NO. 34B [See rules 44C and 44CA] Form of application for settlement of case under

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, tax shall be calculated on the aggregate of the total income as assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147 and the income disclosed in the application as if such aggregate were the total income. FORM NO. 34B [See rules 44C and 44CA] Form of application for settlement of case under

DCIT, NEW DELHI vs. M/S. L.T. FOODS LTD., NEW DELHI

In the result, we reverse the order of the learned CIT – A income from the above disallowances and allow the appeal of the assessee to these extent

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

reassessment proceedings, the only issue left is the addition made by the learned assessing officer other than what was the subject matter of the provisions of section 148 of the income tax act, whether were made on the basis of any incriminating material found during the course of search or not. The honourable Delhi High Court in case

M/S. DHARAMPAL SATYAPAL LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

sections on the amount added/disallowed. 19. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the reassessment order beyond the limitation period and thus reassessment order is barred by limitation. 20. That in any case and in any view

DCIT, NEW DELHI vs. M/S. DHARAMPAL SATYAPAL LTD., DELHI

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

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

sections on the amount added/disallowed. 19. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the reassessment order beyond the limitation period and thus reassessment order is barred by limitation. 20. That in any case and in any view

MOTOROLA INC,USA vs. DDIT, NEW DELHI

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Kuldip Singh

section 234A, 234B and 234D of the Act. 6. On the facts and in the circumstances of the case and in law, the learned AO has erred and the Hon'ble DRP has further erred in confirming the action of the learned AO of initiating the penalty proceedings u/s 271(1)(c) of the Income-tax Act on the ground

MOTOROLA INC,USA vs. DDIT, NEW DELHI

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Kuldip Singh

section 234A, 234B and 234D of the Act. 6. On the facts and in the circumstances of the case and in law, the learned AO has erred and the Hon'ble DRP has further erred in confirming the action of the learned AO of initiating the penalty proceedings u/s 271(1)(c) of the Income-tax Act on the ground

MAGNOLIA MARTINIQUE CLOTHING PRIVATE LIMITED,DELHI vs. DCIT, CENTRAL CIRCLE 17, NEW DELHI, DELHI

In the result, all the appeals filed by the assessee are partly allowed

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

reassessment proceeding, initiated under section 148A despite the fact that the notice under section 148 issued on 30.06.2021 was beyond the permissible limitation period as per amended section 149(1)(b), and no valid "asset” representing escaped income exceeding Rs.50 lakhs was identified. 3. The CIT (A) failed to appreciate that the Assessing Officer did not possess any books