M/S. INDIA EXPOSITION MART LTD.,NEW DELHI vs. DCIT, NEW DELHI

35 B with Statement of Facts and Ground of\nAppeal filled with CIT (A)\n6\nCopy of Representation before CIT(A)-4 dated 29/10/15\n7\nCopy of Notice under section 148 Dated 11/03/2013 issued by\nDCIT Cir 11(1)\n8\nLetter dated 19.03.2014 by the assessee to DCIT Circle 11(1)\nasking the reason for re-opening of assessment

VENETIAN LDF PROJECTS LLP,GURGAON vs. ACIT CIRCLE-4(1), GURGAON

In the result, grounds raised by the assessee are dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

ia)/(i) of the Act on reimbursement of expenses, it is submitted that the same was never confronted to the appellant during the course of revisionary proceedings. Even otherwise, the same constitutes merely a nominal amount of INR 3,86,895 and that too being in the nature of pure reimbursement, not eligible to TDS, which is evident from

AMAZON SMART COMMERCE SOLUTIONS PRIVATE LIMITED,DELHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-1, DELHI

In the result, grounds raised by the assessee are dismissed

ia)/(i) of the Act on reimbursement of expenses, it is submitted that the same was never confronted to the appellant during the course of revisionary proceedings. Even otherwise, the same constitutes merely a nominal amount of INR 3,86,895 and that too being in the nature of pure reimbursement, not eligible to TDS, which is evident from

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT, CC-31, DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT, CC-31 , DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

DILEEP K GUPTA,DELHI vs. DCIT CC-31 , DELHI

In the result, the appeals of the assessee are allowed

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

reassessment passed under clause (b) of section 153A in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 1324. The provision has also been made applicable to orders of assessment passed under clause

ITO WARD - 23(3), NEW DELHI vs. SHREE BHAWANI POWER PROJECTS PVT LTD, NEW DELHI

In the result, both the appeals filed by the Revenue Department stands dismissed

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhry

35 (SC), where it was held “ Even though necessary certificate in Form 3AA along with return of income had not been filed but same was filed before final order of the assessment was made, the Assessee was entitled to claim deduction under section 80-1B." was considered by the ld. Commissioner and finally held “that the facts

ITO WARD - 23(3), NEW DELHI vs. SHREE BHAWANI POWER PROJECTS PVT LTD, NEW DELHI

In the result, both the appeals filed by the Revenue Department stands dismissed

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhry

35 (SC), where it was held “ Even though necessary certificate in Form 3AA along with return of income had not been filed but same was filed before final order of the assessment was made, the Assessee was entitled to claim deduction under section 80-1B." was considered by the ld. Commissioner and finally held “that the facts

DILEEP KUMAR GUPTA,DELHI vs. DCIT, CENTRAL CIRCLE-31, DELHI

In the result, appeal filed by the assessee is allowed

reassessment passed under clause (b) of section 153A in\nrespect of each assessment year falling within six assessment years\nimmediately preceding the assessment year relevant to the previous year in\nwhich search is conducted under section 132 or requisition is made under\nsection 132A. The provision has also been made applicable to orders of\nassessment passed under clause

DILEEP KUMAR GUPTA,DELHI vs. DCIT, CENTRAL CIRCLE-31, NEW DELHI

In the result, appeal filed by the assessee is allowed

reassessment passed under clause (b) of section 153A in\nrespect of each assessment year falling within six assessment years\nimmediately preceding the assessment year relevant to the previous year in\nwhich search is conducted under section 132 or requisition is made under\nsection 1324. The provision has also been made applicable to orders of\nassessment passed under clause

LT FOODS LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri N.K. Billaiya & Shri Yogesh Kumar U.S

ia) to the tune of Rs 2,66,21,033/- (Rs.7,26,890/- + Rs. 2,58,94,143/-) and the addition of Rs. 3,15,46,346/- has been made. 9.1 That the DRP has in view of the facts and circumstances of the case has erred in law and on facts in holding that identical issues has come

MMTC LTD. vs. DCIT, CIRCLE-5(1),,

The appeal is allowed, with aforesaid consequences, as directed in ground wise findings

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmam/S. Mmtc Ltd., Scope Vs. Dcit, Complex, Circle-5(1) Core 1,7, Institutional Area, New Delhi Lodhi Road, New Delhi- 110003 Pan : (Appellant) (Respondent)

reassessed in the light of judgment of Hon’ble Delhi High Court in Shri Ram Honda Powers. Equipment Ltd. (2007) 289 ITR 475 (Del) and relying the decision of Hon’ble Supreme Court of India in case of IPCA Labortries Ltd. vs DCIT ( 266 ITR 521). The bench had held that provisions of Section 80HHC there is no infirmity

SHYAM PRODUCTS P.LTD,NEW DELHI vs. ITO, WARD-23(3), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad, S.M.C.

35 at internal page 51-53 therein. 3. No valid notice u/s 143(2) was ever issued: In the present case, the power to make assessment under section 143(3) was assumed by the AO by issue of notice u/s 143(2) (PB 32) on 19.05.2014 as mentioned in para 3 of Assessing Officer order at page 2 therein along

OPTIMIST ELECTRONICS P.LTD,NEW DELHI vs. ITO, WARD-19(2), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad, S.M.C.

35 at internal page 51-53 therein. 3. No valid notice u/s 143(2) was ever issued: In the present case, the power to make assessment under section 143(3) was assumed by the AO by issue of notice u/s 143(2) (PB 32) on 19.05.2014 as mentioned in para 3 of Assessing Officer order at page 2 therein along

BHARAT SANCHAR NIGAM LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri N. K. Billaiya & Shri Anubhav Sharmabharat Sanchar Nigam Ltd, Vs. Acit, Taxation Section, First Floor, Circle-6(2), Bharat Sanchar Bhawan, New Delhi Janpath, New Delhi-11001 (Appellant) (Respondent) Pan:Aabcb5576G

reassessment Ld. AO directed the appellant to submit as to why said discount should not be treated as a commission paid to distributors / franchisees on which tax was deductible as per provisions of section 194H of the Act. In reply it was submitted by the appellant that the distributor margin is in nature of "discount" and not "commission" which would