RAKESH KUMAR GUPTA,DELHI vs. LD. ITO, WARD 35(1), DELHI, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2021-22] Rakesh Kumar Gupta, Income Tax Officer, Ward-35(1), B-2/38, Ground Floor, E-2, Civic Centre, Delhi-110002 Ashok Vihar, Phase-Ii, Vs Delhi-110052 Pan-Aafhr8657H Appellant Respondent

249, grant immunity from imposition of penalty under Section 270A and initiation of proceedings under Section 276-C or Section 276-CC, where the proceedings for penalty under Section 270A has not been initiated under the circumstances referred to in sub-section (9) of the said Section 270A. (4) The Assessing Officer shall, within a period of one month from

COMMISSIONER OF INCOME TAX

249(4)(b). This is mandatory. This requirement has not been complied with. 24. However, we would not like to decide and dispose of the appeals on the present reasoning, in view of the questions of law that have been admitted above, which are on a different aspect. We have referred to the said Section as to clarify the legal

AISHANI CONSULTANTS PVT LTD.,NEW DELHI vs. ITO WARD 2(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri Challa Nagendra Prasad & Shri Naveen Chandra

reassessment which is done for the benefit of Revenue. Hence, in our view, clause (b) of Section 249(4) of the Act will

MADHULIKA MISHRA,MUMBAI vs. ITO WARD 5(1)(5), NOIDA

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

Bench: Pradip Kumar Kedia & Shri Yogesh Kumar Usvs. Ito Madhulika Mishra B-1501, Tower-4, Enchante, Ward – 5(1)(5) Lodha New Cuffe Parade, Noida Wadala East, Mumbai-400 022 Pan No. Asppm 9325 H (Appellant) (Respondent) Assessee By Shri Ganesh Raj Gopalen, C.A. & Shri Kirit Vasan. R. C.A. Revenue By Shri Jatender Kumar Kale, Sr. D.R. Date Of Hearing: 01.08.2024 Date Of Pronouncement: 01.08.2024 Order Per Pradip Kumar Kedia, Am :

reassessment proceedings for AY 2017-18 until after the order under section 148 was passed on 29.3.2022. 2. Letters from National Faceless Appeal Centre seeking clarification u/s 249(4

VANDANA SINGH,NOIDA vs. ITO 5(2)(5) NOIDA, NOIDA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Sudhir Kumarvandana Singh, Ito, 5(2)(5), 302, Abhinav Apartments, Noida, U.P. Vasundhra Enclave V. Delhi-110096 Pan-Dcrps8979A (Appellant) (Respondent)

section 249(4)(b) of the Act, as in view of ld. CIT(A) the assessee having not filed the return of income has also not deposited amount of advance tax payable by 4 Vandana Singh v. ITO him, despite the submissions made by the assessee before Ld. CIT(A) that the assessee is teacher of younger children home tutor

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

reassess the total income of such other person, (the assessee in this case)in the manner provided in section 153A of the Act. So in this case before us, since the AO of the searched person as well as that of the other/third party/assessee foundation are the same, he/AO of assessee can issue notice u/s 153C of the Act only

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

reassess the total income of such other person, (the assessee in this case)in the manner provided in section 153A of the Act. So in this case before us, since the AO of the searched person as well as that of the other/third party/assessee foundation are the same, he/AO of assessee can issue notice u/s 153C of the Act only

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

reassess the total income of such other person, (the assessee in this case)in the manner provided in section 153A of the Act. So in this case before us, since the AO of the searched person as well as that of the other/third party/assessee foundation are the same, he/AO of assessee can issue notice u/s 153C of the Act only

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

reassess the total income of such other person, (the assessee in this case)in the manner provided in section 153A of the Act. So in this case before us, since the AO of the searched person as well as that of the other/third party/assessee foundation are the same, he/AO of assessee can issue notice u/s 153C of the Act only

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

249/- under section 154 of the Act vide order dated 30.08.2010. Later on, the case was reopened and the consequential reassessment was done at income of Rs.1,06,28,584/- under section 147/143 of the Act on 02.09.2011. After reassessment, an application under section 154 of the Act filed by the appellant/assessee was disposed of, vide order dated

PRADEEP WIG,NEW DELHI vs. ACIT CENTRAL CIRCLE-5, NEW DELHI

The appeals of the Revenue are dismissed

Bench: Shri M. Balaganesh & Shri Anubhav Sharma

249-333) where the flats were acquired from the declared sources admittedly by the Revenue, as no addition has been made in respect thereof under any of the respective two Acts. 22. Thus as for the purpose of the Explanation 4 u/s 139(1) of the Act, the ‘beneficial owner’ in respect of ‘an asset

VIKASH CHAUDHARY,GHAZIABAD vs. ITO WARD - 2(5), NOIDA

In the result, appeal filed by the assessee is allowed for statistical purpose

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

reassessment proceeding illegal and void- ab-initio. 2. That on the facts in the circumstance of the case and law, the impugned order of Ld. CIT(A) is illegal and beyond his jurisdiction in view of the facts and circumstance of the case. 3. That on the facts in the circumstance of the case and law, the impugned order passed

KRISHAN KUMAR MAKRANIA PRO. M/S. MAKRANIA OIL MILL,,BHIWANI vs. DCIT CENTRAL CIRCLE-I, GURGAON

In the result, assessee’s appeal in ITA No

Bench: Ms. Madhumita Roy & Shri Brajesh Kumar Singhassessment Year: 2011-12)

4 Further notes on clauses to the Finance Bill 2023 in this respect as reported in 451 ITR 136 at pages 176 (St.) read as under: Clause 69 of the Bill seeks to amend section 148 of the Income-tax Act relating to issue of notice where income has escaped assessment. The said section, inter alia, provides that before making

RAJESH KUMAR,SONEPAT vs. ACIT, CENTRAL CIRCLE-2, GURGAON

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

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

4 . Vardhman Holding Ltd. vs. ACIT, Circle 1, Ludhiana We do not find the act of the Assessing Officer in issuing notice under section 148 of the Act, within the time limit available for issue of notice under section 143(2) of the Act being as per law. The Income Tax Act is a self contained Act, whereby provisions

DCIT, GURUGRAM vs. RAJESH KUMAR, SONEPAT

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

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

4 . Vardhman Holding Ltd. vs. ACIT, Circle 1, Ludhiana We do not find the act of the Assessing Officer in issuing notice under section 148 of the Act, within the time limit available for issue of notice under section 143(2) of the Act being as per law. The Income Tax Act is a self contained Act, whereby provisions

PAMELA BHARDWAJ,KARNAL vs. ITO, WARD- 3, KARNAL

Bench: Ms. Madhumita Roy & Khettra Mohan Royassessment Year: 2014-15

Section 143(2) has not expired and held in favour of the assessee following the judgment passed in the matter of CIT Vs. K.M. Pachayappan, reported in (2008) 304 ITR 264 (Mad) wherein the Court has been pleased to hold that no reassessment proceeding could be initiated so long as the assessment proceedings pending on the basis of return already

SUSHEN MOHAN GUPTA,NEW DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -15 , DELHI, DELHI

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

249 to 285, 355 and 358A and 358B of the Paper Book respectively and reproduced at Pages 62 to 99, 100 to 115 and 122 to 124 respectively of Ld. CIT(A)‘s order. xi. Besides, a mere statement without any supporting material cannot be said incriminating evidence as held by the Hon'ble Jurisdictional High Court in the case

SUSHEN MOHAN GUPTA ,NEW DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 15, DELHI , DELHI

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

249 to 285, 355 and 358A and 358B of the Paper Book respectively and reproduced at Pages 62 to 99, 100 to 115 and 122 to 124 respectively of Ld. CIT(A)‘s order. xi. Besides, a mere statement without any supporting material cannot be said incriminating evidence as held by the Hon'ble Jurisdictional High Court in the case