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33 results for “reassessment”+ Section 270A(9)(e)clear

Sorted by relevance

Mumbai64Bangalore34Delhi33Chennai32Jaipur31Rajkot25Pune24Ahmedabad23Cochin20Hyderabad19Visakhapatnam13Cuttack10Nagpur9Guwahati9Agra8Patna8Raipur7Lucknow7Surat7Indore6Kolkata4Chandigarh2Ranchi1Jodhpur1Varanasi1

Key Topics

Section 270A45Section 143(3)35Addition to Income19Penalty17Section 144C12Section 14810Section 115J10Section 115V10Limitation/Time-bar9Disallowance

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

In the result, the appeal of the assessee is allowed

ITA 3447/DEL/2025[2021-22]Status: DisposedITAT Delhi27 Oct 2025AY 2021-22

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

Section 115JSection 143Section 143(3)Section 148Section 250Section 270A

9. This Court is further of the view that the impugned action of Respondent 1 is contrary to the avowed legislative intent of Section 270-AA of the Act to encourage/incentivise a taxpayer to (i) fast track settlement of issue; (ii) recover tax demand; and (iii) reduce protracted litigation." According to Mr. Jolly, the initiation of action under Section 270A

Showing 1–20 of 33 · Page 1 of 2

7
Double Taxation/DTAA7
Section 1476

INCOME TAX OFFICE WARD -1 SONEPAT, SONEPAT, HARYANA vs. OM MINIRALS, DELHI

In the result, the appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

ITA 209/DEL/2024[2017-18]Status: DisposedITAT Delhi08 Aug 2024AY 2017-18

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. J. P. Jain, CAFor Respondent: Sh. Anshul, Sr. DR
Section 139(1)Section 143Section 143(1)(a)Section 143(3)Section 270ASection 270A(10)(c)Section 270A(2)(a)Section 270A(3)(ii)Section 270A(8)Section 270A(9)

9).” 3 CO No. 16/Del/2024 Om Minerals 4. The assessee firm filed return of income on 30.10.2017 declaring a loss of Rs.3,47,97,855/-. The return was processed under section 143(1)(a) of the Income Tax Act, 1961 on 09.03.2019 at an income of Rs.16,92,495/-. The case was selected for scrutiny and an order was passed

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

In the result grounds of appeal raised by assessee is allowed

ITA 1882/DEL/2023[2017-18]Status: FixedITAT Delhi26 Apr 2024AY 2017-18

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

Section 143(1)Section 143(3)Section 270Section 270ASection 270A(8)

9) of Section 270A is satisfied. In the absence of such particulars, the mere reference to the word "misreporting" by the Respondents in the assessment order to deny Immunity from Imposition of penalty and prosecution makes the Impugned order manifestly arbitrary." 15. It is further submitted that following the above-mentioned judgment of Hon'ble Delhi HC, the Division Bench

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

ITA 1070/DEL/2023[2017-18]Status: DisposedITAT Delhi11 Sept 2023AY 2017-18

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

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Mr. Waseem Arshad, CIT DR
Section 143(1)Section 270ASection 32A

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:- ―(2) A person shall be considered to have under-reported his income, if— (a) the income assessed is greater than the income

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

ITA 2253/DEL/2025[2020-21]Status: DisposedITAT Delhi26 Nov 2025AY 2020-21

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

For Appellant: Shri Vijay Kumar Singla, CAFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 143(1)Section 156Section 249Section 270ASection 270MSection 276C

E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : 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

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,

ITA 2091/DEL/2023[2020-21]Status: DisposedITAT Delhi03 May 2024AY 2020-21

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

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

9. That, on the facts and the circumstances of the case and in law, the Ld. AO has erred in initiating penalty under section 271(1)(c) of the Act. Assessment Year 2019-20 1. That, on the facts and in the circumstances of the case and in law, the order passed by the Ld. AO under

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,

ITA 2305/DEL/2022[2019-20]Status: DisposedITAT Delhi03 May 2024AY 2019-20

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

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

9. That, on the facts and the circumstances of the case and in law, the Ld. AO has erred in initiating penalty under section 271(1)(c) of the Act. Assessment Year 2019-20 1. That, on the facts and in the circumstances of the case and in law, the order passed by the Ld. AO under

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,

ITA 2090/DEL/2023[2012-13]Status: DisposedITAT Delhi03 May 2024AY 2012-13

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

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

9. That, on the facts and the circumstances of the case and in law, the Ld. AO has erred in initiating penalty under section 271(1)(c) of the Act. Assessment Year 2019-20 1. That, on the facts and in the circumstances of the case and in law, the order passed by the Ld. AO under

SAGE INTERNATIONAL INC.,USA vs. ACIT, CIRCLE INT. TAXATION 3(1)(2), DELHI

In the result, the appeal of the assessee is allowed

ITA 2214/DEL/2022[2018-19]Status: DisposedITAT Delhi10 Apr 2023AY 2018-19

Bench: Shri G.S.Pannu & Shri Kul Bharat[Assessment Year : 2018-19] Sage International Inc., Vs Acit, 105, Townline Road, 2 Pmb 332, Circle 3(1)(2), Vernon Hills, Foreign United International States, Usa. Taxation, Delhi. Pan-Aaycs9212R Appellant Respondent Appellant By Shri Pradeep Dinodia, Ca Respondent By Shri Bhuvnesh Kulshrestha, Cit Dr Date Of Hearing 28.02.2023 Date Of Pronouncement 10.04.2023 Order Per Kul Bharat: The Present Appeal Filed By The Assessee Is Directed Against The Order Of Assessing Officer Passed U/S 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 (“The Act”) Dated 15.07.2022 For The Assessment Year (“Ay”) 2018-19 .

Section 143(3)Section 234ASection 4Section 90

9 | P a g e Though, the said notification is applicable for the AY 2021-22 and onwards, whereas, the year under consideration is AY 2018-19, the intention of the CBDT is clear, that if a non-resident, not being a company or a foreign company does not have income sourced in India, then the such a non-resident

SMS GROUP GMBH,DELHI vs. ACIT.CIRCLE-3(1)(2), NEW DELHI

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

ITA 377/DEL/2025[2022-23]Status: DisposedITAT Delhi24 Dec 2025AY 2022-23

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Percy Pardiwala, Sr. AdvFor Respondent: Shri M. S. Nethrapal, CIT DR
Section 143(3)Section 144C(5)

e) That the learned Assessing Officer has erred in not considering the provisions of Protocol 1(a) of the DTAA between India and Germany as relied upon by the assessee, in terms of which, on the facts, no part of consideration for supply of equipment from Head Office, is attributed, to P.E., if any, in India. (f) That without prejudice

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE 3(1)(2), INTERNATIONAL TXATION, NEW DELHI

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

ITA 993/DEL/2023[2020-21]Status: DisposedITAT Delhi24 Dec 2025AY 2020-21

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Percy Pardiwala, Sr. AdvFor Respondent: Shri M. S. Nethrapal, CIT DR
Section 143(3)Section 144C(5)

e) That the learned Assessing Officer has erred in not considering the provisions of Protocol 1(a) of the DTAA between India and Germany as relied upon by the assessee, in terms of which, on the facts, no part of consideration for supply of equipment from Head Office, is attributed, to P.E., if any, in India. (f) That without prejudice

SMS GROUP GMBH,NEW DELHI vs. ACIT CIRCLE - 3(1)(2) INTL. TAXATION, NEW DELHI

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

ITA 3297/DEL/2023[2021-22]Status: DisposedITAT Delhi24 Dec 2025AY 2021-22

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Percy Pardiwala, Sr. AdvFor Respondent: Shri M. S. Nethrapal, CIT DR
Section 143(3)Section 144C(5)

e) That the learned Assessing Officer has erred in not considering the provisions of Protocol 1(a) of the DTAA between India and Germany as relied upon by the assessee, in terms of which, on the facts, no part of consideration for supply of equipment from Head Office, is attributed, to P.E., if any, in India. (f) That without prejudice

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE-3(1)(2) INT. TAXATION, NEW DELHI

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

ITA 1592/DEL/2022[2018-19]Status: DisposedITAT Delhi24 Dec 2025AY 2018-19

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Percy Pardiwala, Sr. AdvFor Respondent: Shri M. S. Nethrapal, CIT DR
Section 143(3)Section 144C(5)

e) That the learned Assessing Officer has erred in not considering the provisions of Protocol 1(a) of the DTAA between India and Germany as relied upon by the assessee, in terms of which, on the facts, no part of consideration for supply of equipment from Head Office, is attributed, to P.E., if any, in India. (f) That without prejudice

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE-3(1)(2), INT. TAXATION, NEW DELHI

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

ITA 1591/DEL/2022[2017-18]Status: DisposedITAT Delhi24 Dec 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Percy Pardiwala, Sr. AdvFor Respondent: Shri M. S. Nethrapal, CIT DR
Section 143(3)Section 144C(5)

e) That the learned Assessing Officer has erred in not considering the provisions of Protocol 1(a) of the DTAA between India and Germany as relied upon by the assessee, in terms of which, on the facts, no part of consideration for supply of equipment from Head Office, is attributed, to P.E., if any, in India. (f) That without prejudice

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

ITA 2033/DEL/2025[2018-19]Status: DisposedITAT Delhi06 Feb 2026AY 2018-19

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

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. M.S. Nethrapal, CIT, DR
Section 142(1)Section 143(2)Section 147Section 148Section 148ASection 149(1)(b)Section 151

9. Based on the facts and circumstances of the present case, the proceedings initiated under section 147 of the Act by the Ld. AO are void ab initio as no valid sanction was provided to the Assessee under section 151 of the Act before initiating reassessment proceedings even after multiple requests from the Assessee. 10. That the Ld. AO erred

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

ITA 5564/DEL/2024[2020-21]Status: DisposedITAT Delhi26 Sept 2025AY 2020-21

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

Section 143Section 148Section 270ASection 270A(3)Section 274Section 44ASection 80J

E’ NEW DELHI BEFORE S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER 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

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

ITA 2151/DEL/2022[2018-19]Status: DisposedITAT Delhi09 Sept 2024AY 2018-19

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

For Appellant: Shri Ajit Jain, ARFor Respondent: Shri Rajesh Kumar, CIT DR
Section 143(2)Section 143(3)Section 144C(10)Section 144C(13)Section 144C(8)Section 92CSection 92C(3)

e) of the Rules 16. On the facts and in law, the Ld.AO/Ld. TPO erred in proposing an adjustment without providing sufficient time to the Appellant and addressing any of the detailed contentions and explanations submitted by the Appellant in response to the show cause notice. Pertaining to Corporate Tax Grounds: 1. On the facts

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

ITA 417/DEL/2022[2017-148]Status: DisposedITAT Delhi17 Oct 2023AY 2017-148

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

For Appellant: Shri Nageshwar Rao, AdvFor Respondent: Shri Rajesh Kumar, CIT-DR
Section 143(3)Section 254Section 92BSection 92F

e-mail filed by the assessee during the course of hearing is reproduced as under: "From : delhi.secretay.drp I Sent : 02 June 2022 15:37 To : Priya Sharma Cc : amia. Singh: bsgusain: Rachit Arora Subject : inspection/request to confirm date of dispatch of Panel's order in the case of Haier Appliances India Private Limited (PAN AABCH31621

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

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

ITA 1291/DEL/2022[2018-19]Status: HeardITAT Delhi09 Sept 2024AY 2018-19

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

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Shri Rajesh Kumar, CIT DR
Section 143(3)Section 144BSection 144CSection 68

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

HEMKUNT SERVICE STATION P.LTD,NEW DELHI vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, appeal of the assessee is allowed

ITA 1113/DEL/2022[2017-18]Status: DisposedITAT Delhi17 Nov 2023AY 2017-18

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2017-18 Hemkunt Service Station P. Ltd. Vs. Dcit, Link Road, Circle-10(1) Near Lodhi Hotel, New Delhi. Jangpura Extension, New Delhi – 110 003 Pan Aaach0310H (Appellant) (Respondent)

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 143(3)Section 263Section 270ASection 283Section 40Section 68

E R PER ASTHA CHANDRA, JM The appeal filed by the assessee is directed against the order dated 30.03.2022 of the Ld. Principal Commissioner of Income Tax (“PCIT”), Delhi-4 under section 263 of the Income Tax Act, 1961 (the “Act”) pertaining to Assessment year (“AY”) 2017-18. 2. The assessee has raised the following grounds:- “1. On the facts