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66 results for “reassessment u/s 147”+ Section 10Aclear

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Key Topics

Section 148110Section 147107Section 10A51Section 80I45Addition to Income44Section 143(3)38Section 6829Reassessment29Deduction22

CIT vs. TEI TECHNOLOGIES PVT LTD

ITA/2067/2010HC Delhi27 Aug 2012

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 10ASection 143(3)Section 260ASection 72

u/s 10A should be strictly in respect of export profits of eligible undertaking. In this regard, it is submitted that the AO had reached at the figures of gross total income before computing the amount of exemption under section 10A of the Act. After setting off of the brought forward losses to the extent of assessed gross total income

CIT vs. TEI TECHNOLOGIES PVT LTD

ITA/347/2011HC Delhi27 Aug 2012

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Showing 1–20 of 66 · Page 1 of 4

Reopening of Assessment21
Disallowance20
Section 143(2)18
Section 10A
Section 143(3)
Section 260A
Section 72

u/s 10A should be strictly in respect of export profits of eligible undertaking. In this regard, it is submitted that the AO had reached at the figures of gross total income before computing the amount of exemption under section 10A of the Act. After setting off of the brought forward losses to the extent of assessed gross total income

ACIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

ITA 2310/DEL/2012[2003-04]Status: DisposedITAT Delhi30 Apr 2019AY 2003-04

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 10BSection 143(3)Section 148Section 14ASection 80HSection 90

10A issue In that view of the matter, reassessment initiated u/s 147/ 148 of the Act has been rightly quashed by the CIT(A) at the outset.” 6. We have heard the submissions of both the parties and have gone through the entire material available on record and we do not find any infirmity in the findings reached

DCIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

ITA 3723/DEL/2014[2005-06]Status: DisposedITAT Delhi30 Apr 2019AY 2005-06

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 10BSection 143(3)Section 148Section 14ASection 80HSection 90

10A issue In that view of the matter, reassessment initiated u/s 147/ 148 of the Act has been rightly quashed by the CIT(A) at the outset.” 6. We have heard the submissions of both the parties and have gone through the entire material available on record and we do not find any infirmity in the findings reached

DCIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

ITA 3722/DEL/2014[2002-03]Status: DisposedITAT Delhi30 Apr 2019AY 2002-03

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 10BSection 143(3)Section 148Section 14ASection 80HSection 90

10A issue In that view of the matter, reassessment initiated u/s 147/ 148 of the Act has been rightly quashed by the CIT(A) at the outset.” 6. We have heard the submissions of both the parties and have gone through the entire material available on record and we do not find any infirmity in the findings reached

M/S. A.T. KEARNEY INDIA PRIVATE LIMITED,GURGAON vs. ITO, NEW DELHI

In the result the ground No

ITA 510/DEL/2014[2005-06]Status: DisposedITAT Delhi23 Sept 2016AY 2005-06

Bench: Smt Diva Singh & Shri Prashant Maharishiat Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent) At Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent)

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Sh. Amit Ray, Sr. DR
Section 10ASection 10A(7)Section 115JSection 147Section 148Section 80I

reassessment proceedings under section 147 of the Act on the basis of proceedings concluded for a subsequent assessment year and not on the basis of any tangible material available for the concerned assessment year. 1.3. Based on the facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in upholding the order passed under

M/S. A.T. KEARNEY INDIA PRIVATE LIMITED,GURGAON vs. ITO, NEW DELHI

In the result the ground No

ITA 511/DEL/2014[2007-08]Status: DisposedITAT Delhi23 Sept 2016AY 2007-08

Bench: Smt Diva Singh & Shri Prashant Maharishiat Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent) At Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent)

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Sh. Amit Ray, Sr. DR
Section 10ASection 10A(7)Section 115JSection 147Section 148Section 80I

reassessment proceedings under section 147 of the Act on the basis of proceedings concluded for a subsequent assessment year and not on the basis of any tangible material available for the concerned assessment year. 1.3. Based on the facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in upholding the order passed under

DCIT, NEW DELHI vs. M/S. NIIT SMARTSERVE LTD., NEW DELHI

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

ITA 5173/DEL/2015[2005-06]Status: DisposedITAT Delhi31 Jul 2020AY 2005-06

Bench: Ms. Sushma Chowlaand Shri N.K. Billaiya[Assessment Year: 2005-06] The Dy.C.I.T Vs. Niit Smartserve Ltd Circle – 18(2) 8, Balaji Estate New Delhi Guru Ravidas Marg New Delhi Pan: Aabcn 4598 E & Co No. 217/Del/2018 (In Ita No.5173/Del/2015) [Assessment Year: 2005-06] Niit Smartserve Ltd Vs. The Dcit 8, Balaji Estate Circle – 18(2) Guru Ravidas Marg New Delhi New Delhi Pan: Aabcn 4598 E [Appellant] [Respondent] Date Of Hearing : 23.07.2020 Date Of Pronouncement : 31.07.2020

For Appellant: Shri Gaurav Jain, CAFor Respondent: Shri Saras Kumar, DR
Section 143(3)Section 147Section 148Section 32

u/s 143(3) r.w.s 147 of the Act shows that there is not even a whisper of non disclosure of any material facts. Moreover, there is no reference to any new fact or any new material which came to light of the Assessing Officer after framing original assessment order. In fact, adverse inference has been drawn only from material which

RAJESH KUMAR,SONEPAT vs. ACIT, CENTRAL CIRCLE-2, GURGAON

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

ITA 61/DEL/2023[2018-19]Status: DisposedITAT Delhi07 Aug 2024AY 2018-19

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

Section 133ASection 139(1)Section 142(1)Section 143(2)Section 147Section 148Section 40Section 41(1)Section 43BSection 68

u/s 143(2) has not expired. The only requirement for the AO is to show that there is escapement of income subject to provisions of section 149(time limit for issue of notice) and 151( sanction for issue of notice) of the Act. It is clearly provided in clause b to Explanation- 2 to section 147 of the Act that

DCIT, GURUGRAM vs. RAJESH KUMAR, SONEPAT

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

ITA 82/DEL/2023[2018-19]Status: DisposedITAT Delhi07 Aug 2024AY 2018-19

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

Section 133ASection 139(1)Section 142(1)Section 143(2)Section 147Section 148Section 40Section 41(1)Section 43BSection 68

u/s 143(2) has not expired. The only requirement for the AO is to show that there is escapement of income subject to provisions of section 149(time limit for issue of notice) and 151( sanction for issue of notice) of the Act. It is clearly provided in clause b to Explanation- 2 to section 147 of the Act that

M/S. LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT (INTERNATIONAL TAXATION), NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

ITA 1946/DEL/2017[2007-08]Status: HeardITAT Delhi02 Sept 2019AY 2007-08

Bench: Smt Diva Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G. K. Dhall, CIT DR
Section 143(3)Section 147

u/s 131 of the Act. The following table depicts the details of statements taken and relied upon by revenue- Name Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- 2(2)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

ITA 3327/DEL/2018[2013-14]Status: HeardITAT Delhi02 Sept 2019AY 2013-14

Bench: Smt Diva Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G. K. Dhall, CIT DR
Section 143(3)Section 147

u/s 131 of the Act. The following table depicts the details of statements taken and relied upon by revenue- Name Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- NOIDA, INTERNATIONAL TAXATION, NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

ITA 6916/DEL/2017[2008-09]Status: HeardITAT Delhi02 Sept 2019AY 2008-09

Bench: Smt Diva Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G. K. Dhall, CIT DR
Section 143(3)Section 147

u/s 131 of the Act. The following table depicts the details of statements taken and relied upon by revenue- Name Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang

M/S SMART CUBE INDIA PVT. LTD.,,DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is allowed for statistical purpose, and the stay petition is dismissed as infructuous

ITA 5473/DEL/2016[2007-08]Status: DisposedITAT Delhi27 Feb 2018AY 2007-08

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary & Stay Application No.109/Del Of 2018 (In Ita No.5473/Del/2016) Assessment Year: 2007-08

For Appellant: Shri Ajay Vohra, Senior AdvocateFor Respondent: Shri S.S. Rana, CIT DR
Section 10ASection 10A(2)Section 10BSection 139(1)Section 143(1)Section 148

reassessment proceedings to convert the claim originally made u/s 10B of the Act into a claim u/s 10A of the Act. Learned CIT(A), therefore, turned down the claim of the assessee u/s 10A of the Act. 4. Challenging this finding, the assessee is in appeal before us. The assessee also filed Stay Application seeking stay of demand of Rs.2

PUSHP STEELS & MINING (P) LTD.,DELHI vs. ITO, WARD- 20(2), NEW DELHI

In the result, the Appeal filed by the Assessee stands allowed

ITA 6094/DEL/2018[2008-09]Status: DisposedITAT Delhi07 Feb 2019AY 2008-09

Bench: Shri H.S. Sidhu & Shri L.P. Sahuassessment Year : 2008-09

For Appellant: Sh. Suresh Kumar Gupta, CAFor Respondent: Smt. Sulekha Verma, CIT(DR) &
Section 143(3)Section 147Section 153(1)Section 68

reassessment not permissible – Income Tax Act, 1961 as ss. 10A, 147, 148.” 6.3 The Hon’ble Supreme Court of India in the case of CIT vs. Kelvinator of India Ltd. [2010] 320 ITR 561 (SC) [affirming CIT vs. Kelvinator of India Ltd. [2002] 256 ITR 1 (Delhi) (FB)] J. Kapadia held that the concept of ‘change of opinion’ must

ACIT, CENTRAL CIRCLE-19, NEW DELHI vs. M/S K.R. PULP & PAPERS LTD,, NEW DELHI

In the result, the appeal of the Revenue is

ITA 5064/DEL/2017[2009-10]Status: DisposedITAT Delhi31 Mar 2022AY 2009-10

Bench: Shri R.K. Panda & Shri N.K. Choudhry

For Appellant: Ms. Monika Aggarwal, AdvocateFor Respondent: Smt. Sunita Singh, CIT-DR
Section 132Section 143(3)Section 147Section 80I

10A, HOSPITAL STREET, (P) LTD. KOLKATA- 700072 2,500,000 2,000,000 50000 12 ITA.No.5064/Del./2017 M/s. K.R. Pulp and Papers Ltd., New Delhi. 2.4. Similar was the case with the Delhi based companies. The A.O, therefore, confronted the same to the assessee. Rejecting the various explanation given by the assessee and observing that all companies from whom

M/S. SAHDEV JEWELLERS,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is allowed

ITA 2797/DEL/2013[2004-05]Status: DisposedITAT Delhi17 Jan 2017AY 2004-05

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

Section 10ASection 143(3)Section 147Section 148Section 57

reassessment proceeding were again initiated by way of issue of notice under section 148 of the Act dated 27/03/2009 after recording reasons. In the reasons recorded, the Assessing Officer has mentioned that the assessee treated the interest income from fixed deposits with banks as margin money for getting credit facilities from the bank as business income. The Assessing Officer recorded

M/S. SAHDEV JEWELLERS,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is allowed

ITA 2796/DEL/2013[2002-03]Status: DisposedITAT Delhi17 Jan 2017AY 2002-03

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

Section 10ASection 143(3)Section 147Section 148Section 57

reassessment proceeding were again initiated by way of issue of notice under section 148 of the Act dated 27/03/2009 after recording reasons. In the reasons recorded, the Assessing Officer has mentioned that the assessee treated the interest income from fixed deposits with banks as margin money for getting credit facilities from the bank as business income. The Assessing Officer recorded

M/S. SAHDEV JEWELLERS,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is allowed

ITA 2798/DEL/2013[2005-06]Status: DisposedITAT Delhi17 Jan 2017AY 2005-06

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

Section 10ASection 143(3)Section 147Section 148Section 57

reassessment proceeding were again initiated by way of issue of notice under section 148 of the Act dated 27/03/2009 after recording reasons. In the reasons recorded, the Assessing Officer has mentioned that the assessee treated the interest income from fixed deposits with banks as margin money for getting credit facilities from the bank as business income. The Assessing Officer recorded

KARAN KHURANA ,DELHI vs. ITO, WARD- 48(2), NEW DELHI

In the result, the appeal of assessee is allowed

ITA 1783/DEL/2019[2010-11]Status: DisposedITAT Delhi17 Mar 2021AY 2010-11

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

For Appellant: Shri Suresh Gupta, C.AFor Respondent: Shri N.K. Bansal, Sr. D.R
Section 147Section 148Section 149(1)(b)Section 151

u/s 147/148 read with section 143(3) and income was determined at Rs. 1,37,43,790/-. He has further submitted that AO has also recorded incorrectly the provisions of law for obtaining the sanction from the Pr. CIT by mentioning proviso to section 151(1) of the Act which does not exist in the Income Tax Act from