DCIT, NEW DELHI vs. M/S. ADIDAS SOURCING LTD.,, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Shri O.P. Kant

reassessment proceeding under section 147 of the Act. 4. At the outset, we may like to mention that neither anyone appeared on behalf the assessee despite notifying the date of hearing nor an application for adjournment was filed. The appeal being old and non-compliance by the assessee, it was felt that the assessee is not interested in pursuing

SURYA ROSHNI LIMITED,NEW DELHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX - 7, NEW DELHI

In the result, appeal filed by the assessee is allowed

section 263(1) of the Act, despite the fact that the\nconditions prescribed therein are not satisfied in the present case.\n\n6.\nThat on the facts and circumstances of the case, the learned Pr. CIT\nhas erred both on facts and in Jay in getting aside the order of the\nA.O. without herself giving a finding

ITO,WARD-34(1), NEW DELHI, CIVIC CENTER, DELHI vs. SANCHIT DUA, NEW DELHI

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

Bench: BEFOREMS. MADHUMITA ROY (Judicial Member), SHRI NAVEEN CHANDRA (Accountant Member)

Section 147 of IT Act. Such reassessment was culminated in making addition as aforesaid which was in turn deleted by the First Appellate Authority. Hence, the instant appeal before us. 4. Heard both the parties and perused the relevant materials available on record. While dealing with the matter and granting relief to the assessee, the Ld. CIT(A) passed orders

AMIT PACHAURI,BULANDSHAHR vs. ITO, WARD- 1, BULANDSHAHR

In the result, the appeal of the assessee is allowed

Bench: Sh. N. S. Sainiita No. 6488/Del/2018 : Asstt. Year : 2003-04 Amit Pachauri, Vs Income Tax Officer, S/O Nand Kumar, Kothiyat, Ward-1, Court Road, Near Church, Bulandshahr, Bulandshahr, Uttar Pradesh (Appellant) (Respondent) Pan No. Ajzpp8114A Assessee By : Sh. Anoop Sharma, Adv. & Sh. Sanjay Prashar, Adv. Revenue By : Sh. S. L. Anuragi, Sr. Dr Date Of Hearing: 05.02.2019 Date Of Pronouncement: 07.02.2019 Order This Is An Appeal Filed By The Assessee Against The Order Of Cit(A), Ghaziabad Dated 31.08.2018. 2. Ground No. 1 Of The Appeal Of The Assessee Reads As Under: “1. That The Ld. Cit(A), Erred Both On Facts & In Law In Holding That The Case Of The Apex Court In Gkn Drive Shaft India Ltd. Did Not Apply To The Facts In The Present Case Thereby Over-Looking The Crucial Aspect That The Assessee Had, In Fact, Moved Two Applications Dated 13.01.2010 & 30.06.2010 For Conveying Reasons, So Much So, Impugned Notice U/S 148 Of I.T. Act Dated 03.12.2009 In Blanket Format Also Lacked Vital Information Of Income Alleged To Have Been Escaped Assessment.” 3. The Ar Of The Assessee Submitted That This Is The Third Round Of Appeal Before The Tribunal. He Submitted That In The First Round Of Appeal, The Tribunal In Ita No. 6491/Del/2014, Order Dated 08.09.2015 Restored The Matter Back To The File Of 2 Amit Pachauri The Cit(A) Observing That The Cit(A) Has Not Adjudicated All The Issues Raised Before Him & Therefore, Directed The Cit(A) To Pass De-Novo Order In Accordance With Law On Merits After Allowing Reasonable Opportunity Of Hearing To Both The Parties.

747 where it was held that Sections 147 & 148 of the Income Tax Act, 1961 are not meant for reopening an already concluded assessment by first issuing notice and then proceeding to investigate to find out if there was any lacuna in the accounts. If such further investigation, by reopening concluded assessment, is permitted, it would give rise to fishing

CHAUDHARY CHARAN SINGH HARYANA AGRICULTURAL UNIVERSITY,HISSAR vs. ITO,EXEMPTION, ROHTAK

In the result, the appeal of the assessee is allowed

Bench: Ms. Madhumita Roy & Shri Brajesh Kumar Singh[Assessment Year 2018-19]

reassessment proceedings initiated by the AO are bad in the eye of law, as there is no live nexus between the information and the belief formed by the Assessing Officer. 6. On the facts and circumstances of the case, learned CIT(A), ITD has erred both on facts and in law in confirming the order of the AO despite

ACIT, NEW DELHI vs. M/S. SANDUR BYPASS PROJECTS PVT. LTD., NEW DELHI

In the result the appeal is allowed

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

747/-, Rs.38,56,433/- & Rs.2,56,048/- respectively and thereby assessed the total income at Rs.3,86,728/-. 3 ITA No.1973/Del./2017 3. Assessee carried the matter before the ld. CIT (A) by way of filing appeal who has quashed the assessment framed u/s 153A of the Act on the ground that no incriminating document/asset has been found during

ACIT, NEW DELHI vs. M/S. K.S. CHAWLA & SONGS (HUF), NEW DELHI

Appeal of the Revenue is dismissed

Bench: Shri N. K. Billaiya & Ms. Suchitra Kamble(Through Video Conferencing)

reassessment proceedings, had also referred the property in question for valuation before the valuation officer. However, the Assessing Officer without disposing the objections filed by the assessee and without waiting for the valuation report of the DVO passed an order under Section 147 of the Act dated 30.03.2013 at an assessed income of Rs. 2,15,34,135/-. The addition

ACIT, NEW DELHI vs. SMT. VINITA CHAURASIA, NEW DELHI

Appeal of the Revenue is dismissed and cross objection of the assessee is allowed

Bench: Shri N. K. Saini & Ms Suchitra Kambleacit Vs Vinita Chaurasia Central Circle-16, Room No. 344, 575, Double Storey Flats, E-2, Ara Centre, Jhandewalan New Rajendra Nagar Extn. New Delhi New Delhi Aafpc4589D (Appellant) (Respondent) C.O No. 38/Del/2016 ( A.Y 2007-08)

Section 153C proceedings were initiated and assessment was framed vide order dated 29/12/2011 at total income of Rs. 4,70,97,930/-. The Assessing Officer issued notice u/s 148 dated 28/3/2014 on the basis of satisfaction recorded. The assessee on receipt of reasons for reopening the assessment filed his objections before the Assessing Officer. The Assessing Officer after considering

SAINIK FILLING STATION,FARIDABAD vs. ITO WARD - 4(1), GURGAON

Appeal are allowed in the terms indicated hereinabove

Bench: Shri Kul Bharat[Assessment Year: 2014-15

reassessment order and more particularly when return was filed by assessee in response to notice u/s 148. 4. That having regard to the facts and circumstances of the case, the Ld. CIT(A) ought to have deleted the disallowance of Rs. 89,542/- made by Ld. AO on account of 'HPCL interest on late payment' and 'interest on late payment

DIRECTOR OF INCO:ME-TAX-I vs. JC BAMFORD EXCAVATORS LIMITED,

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MS. JUSTICE DEEPA SHARMA

747,491,657 Average Value 11,878,426,619 Total disallowance Total Expenses Less: Interest Expenses to earn Interest Income Less: Expenses for Consultancy & others Less: Expenses which is disallowed as per Provisions of PGBP Donation 1,300,000 Provision for diminution in the value of Investment 43,841,819 Provision for Leave Encashment 745 Loss on Sale of Investment

BRIJ GOPAL CONSTRUCTION COMPANY (P) LTD.,NEW DELHI vs. DCIT CENTRAL CIRCLE-3, NEW DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-03, DELHI, DELHI vs. BRIJ GOPAL CONSTRUCTION COMPANY PVT. LTD,, DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed

BRIJ GOPAL CONSTRUCTION COMPANY (P) LTD.,NEW DELHI vs. DCIT CENTRAL CIRCLE -3, NEW DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-03, DELHI, DELHI vs. BRIJ GOPAL CONSTRUCTION COMPANY PVT. LTD, DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. BRIJ GOPAL CONSTRUCTION COMPANY PRIVATE LIMITED, DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed

BRIJ GOPAL CONSTRUCTION COMPANY (P) LTD.,NEW DELHI vs. DCIT CENTRAL CIRCLE-3, NEW DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-03, DELHI, DELHI vs. BRIJ GOPAL CONSTRUCTION COMPANY PVT. LTD, DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed

BRIJ GOPAL CONSTRUCTION COMPANY (P) LTD.,NEW DELHI vs. DCIT CENTRAL CIRCLE-3, NEW DELHI

In the result, all the appeals filed by the Revenue in ITA Nos

Bench: Shri Saktijit Dey & Shri S.Rifaur Rahman

reassess the return of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to material that was available at the time of original assessment does not require any interference. Under the circumstances, the aforesaid appeals preferred by the assessee – M/s Kesarwani Zarda Bhandar, Sahson, Allahabad deserve to be dismissed