M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

reassessment or rectification proceedings, but not penalty proceedings. (iii) If ingredients contained in (i) and (ii) are present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

reassessment or rectification proceedings, but not penalty proceedings. (iii) If ingredients contained in (i) and (ii) are present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

ITO, NEW DELHI vs. M/S VISHU IMPEX PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue are dismissed and the

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

275(1)(c) of the Act. 3. The ld. AR submitted that the cross objections of the assessee being on legal grounds, may kindly be taken up first and the application for condonation of delay and admission of additional ground sought to be taken by the assessee by way of cross objection may kindly be heard first

ITO, NEW DELHI vs. M/S VISHU IMPEX PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue are dismissed and the

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

275(1)(c) of the Act. 3. The ld. AR submitted that the cross objections of the assessee being on legal grounds, may kindly be taken up first and the application for condonation of delay and admission of additional ground sought to be taken by the assessee by way of cross objection may kindly be heard first

M/S. JINDAL STEEL & POWER LIMITED,NEW DELHI vs. ACIT, HISAR

In the result the appeal of the assessee is partly allowed

Bench: Sh. C.M. Garg & Sh. O.P. Kant

275 of the Act. Reliance was placed on the judgments in the cases of CIT v Surendra Gulabchand Modi 140 ITR 517 (Guj) and CIT v Wander (P) Ltd. 358 ITR 408 (Bom). It was submitted that since the penalty order was passed by the Assessing Officer on the basis of findings given in the fresh assessment order, which

HARISH KUMAR HUF,NEW DELHI vs. DCIT, CIRCLE-34(1), NEW DELHI

In the result, the appeal filed by the Assessee stands partly allowed

Bench: Shri H.S. Sidhu & Dr. B.R.R. Kumara.Y. : 2015-16

reassessment or rectification proceedings, but not penalty proceedings. (iii) If ingredients contained in (i) and (ii) ore present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

ACIT, NEW DELHI vs. SH. VALMIK THAPAR, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

C Jaichander 370 ITR 579, wherein it has been held that Where assessee invested a sum of Rs. 50 lakhs each in two different financial years, within a period of six months from date of transfer of capital asset, he was eligible for deduction under section 54EC. He submitted that for this reason, the claim of the assessee is correct

SH. VALMIK THAPAR,NEW DELHI vs. ACIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

C Jaichander 370 ITR 579, wherein it has been held that Where assessee invested a sum of Rs. 50 lakhs each in two different financial years, within a period of six months from date of transfer of capital asset, he was eligible for deduction under section 54EC. He submitted that for this reason, the claim of the assessee is correct

SHRI VALMIK THAPAR,NEW DELHI vs. DCIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

C Jaichander 370 ITR 579, wherein it has been held that Where assessee invested a sum of Rs. 50 lakhs each in two different financial years, within a period of six months from date of transfer of capital asset, he was eligible for deduction under section 54EC. He submitted that for this reason, the claim of the assessee is correct

M/S. SARVOTTAM CONSTRUCTIONS PVT. LTD,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is allowed

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

275 (1) (c) of the Act, the penalty proceedings should be complete 3 within 6 months from the date of initiation of proceedings. For this purpose he placed reliance on the edition reported in CIT vs. Hissaria Bros. [2007] 291 ITR 244 (Raj), which was upheld by the Hon’ble Supreme Court in civil appeal

INTERNATIONAL HOSPITAL LIMITED vs. DCIT CIRCLE 12 (2)

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

C) 7132/2021 before this Court and which ultimately came to be allowed along with a batch of writ petitions which formed subject matter of Mon Mohan Kohli v. Assistant Commissioner of Income-tax and Another11 8. In terms of the judgment rendered by the Court on that batch, the reassessment notice of 15 April 2021 came to be quashed

PRAMOD KUMAR,NEW DELHI vs. ACIT, NAJIBABAD

In the result, appeal of the assessee is allowed

Bench: Ms. Sushma Chowla & Dr. B.R.R. Kumarआयकर अपील सं. / Ita No.2310/Del/2016 िनधा*रण वष* / Assessment Year 2007-08 Pramod Kumar, L-5 Hauz Khas Enclave New Delhi-110016 ..........अपीलाथ"/Appellant Pan-Amopk4488L Vs Acit, Najibabad, Dist. Bijnor Up-246763 …………. ""थ" / Respondent

section 271(1)(c) to initiate penalty proceedings the following pre-requisites should obtain: (i) The Assessing Officer should be ‘satisfied’ that : (a) the assessee has either concealed particulars of his income; or (b) furnished inaccurate particulars of his income; or (c) infracted both (a) and (b) above. (ii) This ‘satisfaction’ should be arrived at during the course

COMMISSIONER OF INCOME TAX (TDS)-1 vs. M/S ADMA SOLUTIONS PVT. LTD.(FORMERLY KNOWN AS M/S INFOVISION INFORMATION SERVICES PVT.LTD.)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

1) read with Section 201(1A) of the Act, holding the assessee to be in default for not paying the relevant TDS and penalty proceedings were referred to the Additional CIT, Range-50 for levy of penalty under Section 272A(2)(c) and 272A(2)(k) of the Act. Digitally Signed By:SUNITA KUMARI Signing Date

ACIT, NEW DELHI vs. SH. HARVEER SINGH KALRA, NEW DELHI

In the result, the appeals of the department are dismissed

Bench: Sh. N. K. Sainiita Nos. 6438 & 6439/Del/2016 : Asstt. Years : 2010-11 & 2011-12 Acit, Vs Smt. Mehar Anand, Central Circle-14, A-29, Defence Colony, New Delhi-110055 New Delhi-110065 (Appellant) (Respondent) Pan No. Afepa9193B Ita Nos. 6440 & 6441/Del/2016 : Asstt. Years : 2009-10 & 2011-12 Acit, Vs Sh. Harveer Singh Kalra, Central Circle-14, A-29, Defence Colony, New Delhi-110055 New Delhi-110065 (Appellant) (Respondent) Pan No. Afbpk6171Q Assessee By : Sh. Ved Jain, Adv. & Sh. Ashish Chadha, Ca Revenue By : Sh. Amrit Lal, Sr. Dr Date Of Hearing : 16.05.2017 Date Of Pronouncement : 31.05.2017 Order These Appeals By The Department Are Directed Against The Separate Orders Each Dated 07.09.2016 Of Ld. Cit(A)-Xxvi, New Delhi.

275 to support its penalty order. In this regard it is submitted that it was found during the search that assessee has made investment in immovable properties. This investment the assessee has declared as 'other income' in the return filed under Section 153A. The penalty was levied on such amount. Your honour will appreciate there was identification of the income

ACIT, NEW DELHI vs. SMT. MEHAR ANAND, NEW DELHI

In the result, the appeals of the department are dismissed

Bench: Sh. N. K. Sainiita Nos. 6438 & 6439/Del/2016 : Asstt. Years : 2010-11 & 2011-12 Acit, Vs Smt. Mehar Anand, Central Circle-14, A-29, Defence Colony, New Delhi-110055 New Delhi-110065 (Appellant) (Respondent) Pan No. Afepa9193B Ita Nos. 6440 & 6441/Del/2016 : Asstt. Years : 2009-10 & 2011-12 Acit, Vs Sh. Harveer Singh Kalra, Central Circle-14, A-29, Defence Colony, New Delhi-110055 New Delhi-110065 (Appellant) (Respondent) Pan No. Afbpk6171Q Assessee By : Sh. Ved Jain, Adv. & Sh. Ashish Chadha, Ca Revenue By : Sh. Amrit Lal, Sr. Dr Date Of Hearing : 16.05.2017 Date Of Pronouncement : 31.05.2017 Order These Appeals By The Department Are Directed Against The Separate Orders Each Dated 07.09.2016 Of Ld. Cit(A)-Xxvi, New Delhi.

275 to support its penalty order. In this regard it is submitted that it was found during the search that assessee has made investment in immovable properties. This investment the assessee has declared as 'other income' in the return filed under Section 153A. The penalty was levied on such amount. Your honour will appreciate there was identification of the income

GEORGE KUTTY,NEW DELHI vs. DCIT, CIRCLE-13(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat[Assessment Year : 2010-11] George Kutty, Vs Dcit, C/O-M/S. Oasis Tours India (P.) Circle-13(1), Ltd., C-40, Middle Circle, Dwarka New Delhi. Sadan, Connaught Place, New Delhi-110001. Pan-Aajpk4005H Appellant Respondent Appellant By Shri Manish Malik, Adv. Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 11.08.2022 Date Of Pronouncement 24.08.2022

reassessment or rectification proceedings, but not penalty proceedings. (Hi) If ingredients contained in (i) and (ii) are present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

M/S ALP OVERSEAS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahu

Section 271(1)fc) are not attracted. 7.1.3 The Company's case Concealment has to be deliberate act. The word 'concealment', as found in Shorter Oxford dictionary is as follows "intentional suppression of truth or facts". Conceal The word conceal is derived from the Latin word 'con celare' which implies "to hide" Websters Dictionary equates its meaning 'to hide

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reassessments conducted pursuant to Section 153A.Therefore, even if no additions are made to the income of the Assessee under Section 153A, it does not absolve them from liability under Sections 27ID and 271E if they are found to have contravened the provisions of Sections 269SS and 269T. As such, the penalties prescribed under Sections 27ID and 27IE serve a distinct