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

MOTHERSON SUMI SYSTEMS LIMITED,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2010-11

reassessment year 1998-99, where it has declined the benefit to the assessee cannot be found fault with. But there is change in the law for the assessment year 2001-02. Section 10(B)(1) and (4) reads as under- "Section 108: Special provisions in respect off newly established hundred per cent export oriented undertakings (1) Subject to the provisions

M/S. JINDAL PHOTO LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee in ITA No

reassessment made in pursuance to section 153A of\nthe Act, is not a denovo assessment and, therefore, it was not open to the\nassessee to claim and be allowed such deduction or allowance of\nexpenditure which it had not claimed in the original assessment\nproceedings which in the case of assessee stood completed vide order dated\n15.01.2009 passed under section

M/S. JINDAL PHOTO LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee in ITA No

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

reassessment made in pursuance to section 153A of the Act, is not a denovo assessment and, therefore, it was not open to the Page 46 of 63 ITA No. 5251 to 5257/DEL/2015 [A.Y 2006-07 to A.Y 2012-13] ITA No. 5451/DEL/2016 [A.Y 2013-14]; ITA No. 4492/DEL/2017 [A.Y 2014-15] M/s Jindal Photo LtdVs.The A.C.I.T assessee to claim

M/S JINDAL PHOTO LTD.,,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee in ITA No

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

reassessment made in pursuance to section 153A of the Act, is not a denovo assessment and, therefore, it was not open to the Page 46 of 63 ITA No. 5251 to 5257/DEL/2015 [A.Y 2006-07 to A.Y 2012-13] ITA No. 5451/DEL/2016 [A.Y 2013-14]; ITA No. 4492/DEL/2017 [A.Y 2014-15] M/s Jindal Photo LtdVs.The A.C.I.T assessee to claim

ACIT, CIRCLE- 24(1), NEW DELHI vs. SPAN INDIA PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

reassess under section 147 or pass an order enhancing the assessment or reducing a refund 5 Span India Pvt. Ltd. already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001.]” 11. The above provision is in a sense a taxing exception