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

245C 48.1 The provisions contained in sub-section (3) of section 234B of the Income-tax Act, before its amendment by the Act, provided that where the total income is increased on reassessment under section 147 or section 153A the assessee shall be liable for interest at the rate of 1

RAJAN GUPTA vs. COMMISSIONER OF INCOME TAX

The appeal is allowed as aforesaid

reassessment, which may be pending before an income-tax authority on the date on which an application under sub-section (1) of section 245C

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:

245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub-section (2) of that section; or (viii) the period commencing from the date on which an application is made before the Authority for Advance Rulings 55[or before the Board for Advance Rulings

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:

245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub-section (2) of that section; or (viii) the period commencing from the date on which an application is made before the Authority for Advance Rulings 55[or before the Board for Advance Rulings

M/S RADIC KHAITAN LTD.,,DELHI vs. DCIT, NEW DELHI

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

Bench: Shri N.K. Billaiya & Shri K.N. Chary[Assessment Year: 2005-06]

reassessment, which may be pending before an income tax authority on the date on which an application under sub‐section (1) of Section 245C

CIT vs. ANIL KUMAR BHATIA

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

245C is rejected by it or is not allowed to be proceeded with by it, the period commencing on the date on which such application is made and ending with the date on which the order under sub- section (1) of section 245D is received by the Commissioner under sub-section (2) of that section, shall be excluded. If, after

CIT vs. ANIL KUMAR BHATIA

245C is rejected by it or is not allowed to be proceeded with by it, the period commencing on the date on which such application is made and ending with the date on which the order under sub- section (1) of section 245D is received by the Commissioner under sub-section (2) of that section, shall be excluded. If, after

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

NKG INFRASTRUCTURE LTD.,NEW DELHI vs. PR.CIT, C- 3 , NEW DELHI

In the result all the three appeals of the assessee are allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary

245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub- section (2) of that section; or xxx xxx xxx xxx xxx xxx shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred

NKG INFRASTRUCTURE LTD.,NEW DELHI vs. PR.CIT, C- 3 , NEW DELHI

In the result all the three appeals of the assessee are allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary

245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub- section (2) of that section; or xxx xxx xxx xxx xxx xxx shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred

NKG INFRASTRUCTURE LTD.,NEW DELHI vs. PR.CIT, C- 3 , NEW DELHI

In the result all the three appeals of the assessee are allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary

245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub- section (2) of that section; or xxx xxx xxx xxx xxx xxx shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred

DCIT, CENTRAL CIRCLE- 18, NEW DELHI vs. NKG INFRASTRUCTURE LTD., NEW DELHI

In the result, the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 7101/Del/2017 : Asstt. Year : 2011-12 Ita No. 7102/Del/2017 : Asstt. Year : 2012-13 Ita No. 7103/Del/2017 : Asstt. Year : 2013-14 Dcit, Vs Nkg Infrastructure Ltd., Central Circle-18, 6, Todermal Lane, Ground Floor, New Delhi Near Bengali Market, New Delhi (Appellant) (Respondent) Pan No. Aaccn1659D Assessee By : Sh. Akshit Jain, Ca & Sh. Rajat Jain, Ca Revenue By : Ms. Sarita Kumari, Cit Dr Date Of Hearing: 08.02.2022 Date Of Pronouncement: 11.03.2022

1) of section 153A, within a period of two years from the end of the financial year in which the last of the authorizations for search under section 132 or for requisition under section 132A was executed; xxx xxx xxx xxx xxx xxx (3) The provisions of this section, as they stood immediately before the commencement of the Finance

DCIT, CENTRAL CIRCLE- 18, NEW DELHI vs. NKG INFRASTRUCTURE LTD., NEW DELHI

In the result, the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 7101/Del/2017 : Asstt. Year : 2011-12 Ita No. 7102/Del/2017 : Asstt. Year : 2012-13 Ita No. 7103/Del/2017 : Asstt. Year : 2013-14 Dcit, Vs Nkg Infrastructure Ltd., Central Circle-18, 6, Todermal Lane, Ground Floor, New Delhi Near Bengali Market, New Delhi (Appellant) (Respondent) Pan No. Aaccn1659D Assessee By : Sh. Akshit Jain, Ca & Sh. Rajat Jain, Ca Revenue By : Ms. Sarita Kumari, Cit Dr Date Of Hearing: 08.02.2022 Date Of Pronouncement: 11.03.2022

1) of section 153A, within a period of two years from the end of the financial year in which the last of the authorizations for search under section 132 or for requisition under section 132A was executed; xxx xxx xxx xxx xxx xxx (3) The provisions of this section, as they stood immediately before the commencement of the Finance

DCIT, CENTRAL CIRCLE- 18, NEW DELHI vs. NKG INFRASTRUCTURE LTD., NEW DELHI

In the result, the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 7101/Del/2017 : Asstt. Year : 2011-12 Ita No. 7102/Del/2017 : Asstt. Year : 2012-13 Ita No. 7103/Del/2017 : Asstt. Year : 2013-14 Dcit, Vs Nkg Infrastructure Ltd., Central Circle-18, 6, Todermal Lane, Ground Floor, New Delhi Near Bengali Market, New Delhi (Appellant) (Respondent) Pan No. Aaccn1659D Assessee By : Sh. Akshit Jain, Ca & Sh. Rajat Jain, Ca Revenue By : Ms. Sarita Kumari, Cit Dr Date Of Hearing: 08.02.2022 Date Of Pronouncement: 11.03.2022

1) of section 153A, within a period of two years from the end of the financial year in which the last of the authorizations for search under section 132 or for requisition under section 132A was executed; xxx xxx xxx xxx xxx xxx (3) The provisions of this section, as they stood immediately before the commencement of the Finance

ADDL. CIT, NEW DELHI vs. M/S. IRCON INTERNATIONAL LTD., NEW DELHI

In the result, the appeal of the Revenue is accordingly dismissed

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

reassessment proceedings should be initiated in the pre-amended section. The conditions precedent for initiation of action under s. 147(a) or 147(b) of the pre-amended situation, is highlighted above. The amendment provisions are contextually different and the cumulative conditions spelt out in cl. (a) or (b) of s. 147 prior to its amendment, are not present

THE PR. COMMISSIONER OF INCOME TAX -CENTRAL-1 vs. OJJUS MEDICARE PVT. LTD.

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

reassess become barred. 12. In considering whether the amended statute applies, the question is one of interpretation i.e. to ascertain whether it was the intention of the legislature to deprive a taxpayer of the plea that action for assessment or reassessment could not be commenced, on the ground that before the amending Act became effective, it was barred. Therefore

M/S. VEDIKA NUT CRAFT PVT. LTD.,DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed for Assessment Year 2010-11

Bench: Sri R.K.Panda & Smt. Beena A Pillai

1) and not under section 234B(3). (refer para 10 and 17 of Settlement Commissioner’s order in Omaxe’s case). 7.2. Further all the other decisions which are relied upon by the appellant relates to the assessment or reassessment framed u/s 147 or 153A and not to the income computed u/s 245. 7.3. In fact, in the facts

M/S. VEDIKA NUT CRAFT PVT. LTD.,DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed for Assessment Year 2010-11

Bench: Sri R.K.Panda & Smt. Beena A Pillai

1) and not under section 234B(3). (refer para 10 and 17 of Settlement Commissioner’s order in Omaxe’s case). 7.2. Further all the other decisions which are relied upon by the appellant relates to the assessment or reassessment framed u/s 147 or 153A and not to the income computed u/s 245. 7.3. In fact, in the facts

ACIT,, NEW DELHI vs. M/S LIPI FINSTOCK LTD.,, NEW DELHI

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

Bench: Shri Anil Chaturvedi & Shri Yogesh Kumar U.S.

245C of the Income Tax Act, 1961. The Settlement Commission has not admitted the application of the assessee on the grounds that the assessee does not qualify as a “related” person to the “specified person”. The A.O. also made addition of Rs. 1,00,000/- on account of additional income reflected in its settlement application before the Income Tax Settlement