ASHOK KUMAR GUPTA,NEW DELHI vs. DCIT, CENTRAL CIRCLE-14, NEW DELHI

In the result grounds of appeal raised by assessee is allowed

Bench: Shri Kul Bharat & Dr.B.R.R.Kumar[Assessment Year : 2017-18] Ashok Kumar Gupta, Vs Dcit, C/O-Anil Jain Dd & Co., 611, Surya Central Circle-14, Kiran Building, 19 K.G.Marg, New Delhi. New Delhi-110001. Pan-Aaapg2240G Appellant Respondent Appellant By Shri Shivam Garg, Adv. & Shri Rahul Aggarwal, Ca Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 22.04.2024 Date Of Pronouncement 26.04.2024

10) The tax payable in respect of the under-reported income shall be— (a) where no return of income has been furnished or where return has been furnished for the first time under section 148 and the income has been assessed for the first time, the amount of tax calculated on the under-reported income as increased by the maximum

JAYPEE CEMENT CORPORATION LIMITED,NOIDA vs. ACIT CIRCLE 5(1)(1), NOIDA

In the result, the appeal of the assessee is allowed and stay application of the assessee is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganeshm/S. Jaypee Cement Vs. Acit, Corporation Ltd, Circle-5(1)(1), Sector-128, Gautam Noida Budh Nagar, Noida (Appellant) (Respondent) Pan: Aaacz2168D

10. It was pointed out that the assessee‘s case does not fall under any of the clauses mentioned in section 270A(9) of the Act and hence no penalty could be levied on the assessee for misreporting of income. It was pointed out that case underreporting of income are covered in section 270A(2) of the Act as under

AJAY PAL SINGH,NOIDA GAUTOM BUDDH NAGAR vs. ITO WARD 1(1) NOIDA GBN, NOIDA

In the result, the appeal filed by the assessee is allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharmaajay Pal Singh, Vs. Ito, Ward 1 (1), Village Gadi, Near Dadri Noida. Gautam Budh Nagar - 201 301 Uttar Pradesh). (Pan : Axgps6679A) (Appellant) (Respondent) Assessee By : Shri Vijay Kumar Singla, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 02.09.2025 Date Of Order : 26.11.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 12.02.2025 For The Assessment Year 2020-21. 2. Brief Facts Of The Case Are, Assessee Had Originally Filed His Return Of Income Declaring Total Income Of Rs.43,88,320/-. Subsequently, Assessee Filed Revised Return On 30.03.2021 Declaring Revised Total Income Of Rs.31,26,700/-. The Return Of Income Was Processed Under Section 143(1) Of The Income-Tax Act, 1961 (For Short ‘The Act’). Subsequently, The Case

reassessment order. To avail this immunity, assessee is required to file an application in Form 68 within 1 month from the end of the month in which the assessment order is received by the assessee. It has been provided that in case conditions specified are fulfilled, then the assessing officer upon expiry of the period of filing of appeal

ITO, WARD-1(1), FARIDABAD, FARIDABAD vs. CHAMAN, FARIDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2017-18 Vs. Chaman, Income Tax Officer, Ward-1(1), H. No. 437, Sector-9, Faridabad Faridabad Pan: Bfapd6698P (Appellant) (Respondent) With C.O. No.103/Del/2024 [Arising Out Of Ita No.2774/Del/2024] Assessment Year: 2017-18 Vs. Income Tax Officer, Chaman, H. No. 437, Sector-9, Ward-1(1), Faridabad, Haryana Faridabad Pan: Bfapd6698P (Appellant) (Respondent) Assessee By Sh. Gaurav, Adv. Department By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 25.06.2025 Date Of Pronouncement 25.06.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No. 2774/Del/2024 & Assessee’S Cross Objection C.O. No. 103/Del/2024 For Assessment Year 2017- 18, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The

section 10(37) of the Income Tax Act, 1961. 8.5. In view of the discussion in forgoing para no. 8.3.1., 8.3.2. and 8.4 above, Id. AO is directed to delete the addition of Rs. 2,66,50,843/-. Accordingly, ground no. 6 of the appeal is allowed. 9. In ground no. 7 of the appeal, the appellant has challenged

COMPAREX INDIA P.LTD,NEW DELHI vs. ITO, CIRCLE-4(2), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

270A of the Act in the final assessment order passed for relevant AY.” 5. Further, assessee filed following additional grounds of appeal with the application under Rule 11 of the ITAT Rules, 1962:- “Pertaining to Transfer Pricing matters 16. On facts and circumstances of the case and in law, the Ld. AO erred by not passing the final assessment order

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT INTERNATIONAL TAXATION CIRCLE 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme Court in the case of ONGC

COMPUTER MODELLING GROUP LIMITED,CANADA vs. DCIT CIRCLE INTERNATIONAL TAXATION 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme Court in the case of ONGC

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT, CIRCLE-1(2)(1), INT. TAXATION, NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme Court in the case of ONGC

MOBINEERS INFO SYSTEMS PVT LTD,NEW DELHI vs. COMMISSIONER OF INCOME TAX APPEALS , CIT (A) NFAC DELHI

In the result, the Appeal of the Assessee is allowed

Bench: S. Rifaur Rahman & Shri Yogesh Kumar U.S.Mobineers Info Systems Pvt. Vs Commissioner Of Income Ltd.O-44, Basement, Lajpat Tax (Appeals)/National Nagar-Ii, South Delhi-110065 Faceless Appeal Centre, Pan: Aaecm1120A Delhi Appellant Respondent Assessee By Sh. Piyush Kumar, Adv Revenue By Sh. Dheeraj Kumar Jain, Sr. Dr Date Of Hearing 02/08/2025 Date Of Pronouncement 26/09/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals/ National Faceless Appeal

reassessed or recomputed in a preceding order:" 8. The A.O. in the penalty notice as well as in the order of penalty has not specified applicable limb has not mentioned the specific limb in Section 270A(3) of the Act. 5 Mobineers Info Systems Pvt.Ltd. vs. Ld. CIT(A) 9. It is well settled law that non-mentioning of specific

EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

270A of the Act.” 11. On the other hand, ld. DR for the Revenue argued the matter and filed the written submissions which are reproduced below :- “After the introduction of faceless assessment scheme, lot of legislative changes were also made in the Income Tax Act, for example till 31.03.2022 the NeAC was mandated to pass all the assessment orders. From

HAIER APPLIANCES INDIA PRIVATE LIMITED,DELHI vs. DCIT, IT & TP DELHI 2(1)(1), NEW DELHI

In the result the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Ms Astha Chandra

270A read with section 274 of the IT Act is initiated separately for under reporting of income of Rs.1,50,66,205/-. 4. Order Giving Effect dtd. 27.01.2022 has been received on 27.01.2022 from TPO - DC/ACIT-2 (1) (1), Delhi in case history notings and 360 * profile. However, on perusal of the 360* profile, case history notings, view/download notices/order

ACIT, NEW DELHI vs. FILATAX INIDA LIMITED, DELHI

section 148A. The\n\nrelevant observations of the hon'ble high court as contained in para 29\nto 32 of the order reads as under:\n\n29. In our considered opinion, and bearing in mind the import of Explanation 3\nas well as the language in which Section 147 of the Act stands couched,\nwe find no justification to differ

CORTEVA AGRISCIENCE SEEDS PVT. LTD.(FORMERLY KNOWN AS PHI SEEDS PRIVATE LIMITED),TELANGANA vs. ACIT, CIRCLE-4(2), NEW DELHI

The appeal of the assessee is allowed

Bench: Shri S Rifaur Rahman & Shri Anubhav Sharmacorteva Agriscience Vs. Additional/Joint/Deputy Seeds Pvt. Ld. (Formerly Assistant Commissioner Of Known As Phi Seeds Pvt. Ltd.) Income Tax, Circle 4(2) V- Ascendas, Atria Block, Cr Building 12Th Floor, Plot 17, New Delhi Software Units Layout, Madhapur, Hyderabad Telangana India – 500081 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaccp3920F Appellant .. Respondent

section 10(1) of the Act on its agricultural income had been consistently accepted in all assessments and also in appellate proceedings for P a g e | 3 Corteva Agriscience Seeds Pvt. Ltd.(AY:2016-17) years upto A.Y 2000-01. However, the claim for agricultural exemption was denied for the first time in the proceedings

BCP V SINGAPORE FVCI PTE LTD.,SINGAPORE vs. ACIT CIRCLE INT TAX 1(1)(2), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarms. Astha Chandra

reassessment proceedings. 1.1. That on the facts and the circumstances of the case and in law, the learned Assessing Officer ("AO") has erred in reopening the assessment for the year under consideration under section 148 of the Act. 1.2. That on the facts and the circumstances of the case and in law, the impugned reopening under section

AEP INVESTMENTS (MAURITIUS) LIMITED,MAURITIUS vs. ACIT CIRCLE INTL. TAXATION 1(1)(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat & Dr. B. R. R. Kumar

270A of the Act. 10. That on the facts and in the circumstances of the case, the assessing officer has erred in initiating penalty proceedings under section 271F of the Act. 3 AEP Investments (Mauritius) Ltd. 3. M/s AEP Investments(Mauritius) Limited. (AIML) is a company incorporated in Mauritius on 15.07.2008. The Company is set-up under the laws

BOOKING.COM B.V.,THE NETHERLANDS vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1)(2), INTERNATIONAL TAXATION, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri M Balaganesh & Shri Vimal Kumarbooking.Com B.V. Vs. Acit, Circle -1(1)(2) Oosterdokskade 163, International Taxation, 1011 Dl, Amsterdam, The Civic Centre, Minto Road, Netherlands, New Delhi – 110002 Haryana 122002 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aagcb2395A Appellant .. Respondent

reassessment proceedings even after multiple requests from the Assessee. 10. That the Ld. AO erred in initiating penalty proceedings under section 270A

ADOBE SYSTEMS INDIA P.LTD,NOIDA vs. DCIT, NOIDA

In the result, the appeal of the assessee is allowed

270A of the Act. All the above grounds are without prejudice to each other.” 3. Brief facts of the case are that the assessee company is engaged in development of software in various stages like engineering, research, development, debugging, coding, quality control checks, testing application, designing & programming and is exporting its services to. M/s Adobe Systems

SRI LANKA CRICKET,SRI LANKA vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX) CIRCLE- 3 (1)(2), NEW DELHI

In the result, the appeal of the assessee is allowed as above

270A of the Act.\nThe Appellant craves leave to add to, withdraw or modify all or\nany of the grounds of appeal herein and to submit such\nstatements, documents and papers as may be considered\nnecessary either at or before the appeal hearing.”\n\n3. The relevant facts giving rise to this appeal are that the assessee, the\nNational Association