M/S. MARBLE ART,NEW DELHI vs. ACIT, NEW DELHI

Appeals of the assessee are allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Amit Shukla

u/s 10B of the Act is outside the scope of section 147 of the Act as reassessment proceedings can be initiated

THE COMMISSIONER OF INCOME TAX-V vs. ORIENT CRAFT LTD

10B. The assessee was a 100% export-oriented undertaking and was entitled to substantial amounts as duty drawback, 2012:DHC:7425-DB ITA No.555/2012 Page 2 of 14 DEPB, premium on DEPB and on sale of quota etc. These were all declared in the profit and loss account and the computation of income. 3. On 15th August, 2005, a notice

ADDL. CIT, NEW DELHI vs. M/S. IRCON INTERNATIONAL LTD., NEW DELHI

In the result, the appeal of the Revenue is accordingly dismissed

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

10B of the Act. The Hon’ble High Court in the order dated 05/08/2013 observed that “as per the reasons to believe, the AO had formed an erroneous legal opinion in the original assessment order and thus held that such cases cannot be covered and cannot be made subject of reassessment proceeding under section 147 of the Act and appropriate

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

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

reassessment proceedings. Similarly, in the case of Velingkar Brothers: [2017] 85 taxmann.com 8 (Bom), the Bombay High Court held that where while disposing of scrutiny proceedings, the assessing officer after examining reply filed by assessee concluded that establishment of assessee was an export oriented unit and, thus, entitled for exemption under section 10B, subsequent notice under section 147 on ground

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

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

reassessment proceedings. Similarly, in the case of Velingkar Brothers: [2017] 85 taxmann.com 8 (Bom), the Bombay High Court held that where while disposing of scrutiny proceedings, the assessing officer after examining reply filed by assessee concluded that establishment of assessee was an export oriented unit and, thus, entitled for exemption under section 10B, subsequent notice under section 147 on ground

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

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

reassessment proceedings. Similarly, in the case of Velingkar Brothers: [2017] 85 taxmann.com 8 (Bom), the Bombay High Court held that where while disposing of scrutiny proceedings, the assessing officer after examining reply filed by assessee concluded that establishment of assessee was an export oriented unit and, thus, entitled for exemption under section 10B, subsequent notice under section 147 on ground

DCIT CENTRAL CIRCLE-17, NEW DELHI vs. AL AMMAR FROZEN FOODS EXPORTS PVT. LTD, NEW DELHI

In the result, appeal of the Revenue is dismissed and cross\nobjection filed by the assessee is dismissed as infructuous

u/s 801A\nelectronically. During the course of assessment\nproceedings, the assessee failed to point out this\ndiscrepancy and thus there is non- disclosure of true and\ncomplete particulars.\n\nii) As regards the third proviso to section 147, it is\nstated that the same is with respect to the relevant\n assessment year for which the matter is subjected

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

Bench: Smt Diva Singh & Shri Prashant Maharishi

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

Bench: Smt Diva Singh & Shri Prashant Maharishi

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

Bench: Smt Diva Singh & Shri Prashant Maharishi

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

CIT vs. TEI TECHNOLOGIES PVT LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

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

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

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

CHILDREN WELFARE TRUST (REGD),FARIDABAD vs. CIT EXEMPTION, CHANDIGARH

In the result, Appeal of the Assessee is allowed

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwali.T.A. No. 3637/Del/2024 (A.Y 2016-17) Children Welfare Trust (Regd) Vs National Faceless C/O. Gita Balniketan Senior Assessment Centre, Secondary School, 3-E, Nit, Delhi (Nafac) Faridabad Delhi Pan: Aabtc6957B Appellant Respondent Assessee By Sh. Pavan Ved, Adv, Shri Mohit Gupta, Ca, Sh. Mirza, Ca & Shri Sarthakkh Aggarwal, Ca Revenue By Ms.Pooja Swaroop, Cit(Dr) Date Of Hearing 24/07/2025 Date Of Pronouncement 08/08/2025

reassessment proceedings in following manners:- “It is respectfully submittedthat the fee received from students is credited under various heads, building and amalgamation funds being one of them. It is further submitted that building fund is the amount collected from Children Welfare Trust Vs. CIT(E) new admissions and it is spent for the purpose of construction of building. Amalgamation fund

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

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

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

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

SHIKHAR EXPORTS,NEW DELHI vs. AITO WARD - 54(1), NEW DELHI

Bench: Shri M. Balaganesh & Shri Sudhir Kumarshikhar Exports Vs. Aito, Ward – 54(1) C/O. Pranshu Goel, C.A. New Delhi 5A/3A, Ansari Road Darya Ganj, New Delhi-110 002 Pan: Aadfs 6406 M (Appellant) (Respondent) Assessee By : Shri Pranshu Goel, C.A. & Shri Aditya Gupta, Adv. Revenue By: Shri V. K. Dubey, Sr. D.R. Date Of Hearing 15/10/2024 Date Of Pronouncement 18/10/2024

u/s 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 25.11.2016 by the ITO, Ward – 54(1), New Delhi (hereinafter referred to as ‘ld. AO’). Shikhar Exports vs. AITO 2. The assessee has challenged the validity of assumption of jurisdiction by the learned A.O. for reopening the assessment under section 147

JAIBHARAT MANDAL RAMLILA AND DHARAMSHALA SOCIETY,HISAR vs. ITO (EXEMPTION), ROHTAK

Bench: Shri Kul Bharat1. Ita No. 5273/Del/2019 (A.Y. 2008-09) 2. Ita No. 5274/Del/2019 (A.Y. 2009-10) 3. Ita No. 5275/Del/2019 (A.Y. 2010-11) 4. Ita No. 5276/Del/2019 (A.Y. 2012-13) 5. Ita No. 5277/Del/2019 (A.Y. 2014-15) 6. Ita No. 291/Del/2020 (A.Y. 2016-17)

147 of the Act, without any basis, reasons or material or record, specifically when all material facts and informations were on record as adduced by the appellant assessee at the time of processing/assessment. In as much as, the action of reopening/reassessment was initiated at the instant of Audit to the action law may not permit for that reason also