EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

section 1448 of IT Act, the case was duly transferred to the jurisdiction AO, who has no previous idea about the assessment proceedings in the case. However it is pointed out, that, even during the DRP stage and even after providing opportunity by AO, the assessee could not submit any evidence with respect to bank statement of assessee and also

MAHARASHTRA FEEDS P. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE, FARIDABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

reassessment, tax shall be calculated on the aggregate of the total income as assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147 and the income disclosed in the application as if such aggregate were the total income. FORM NO. 34B [See rules 44C and 44CA] Form of application for settlement of case under

MAHARASHTRA FEEDS P. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE, FARIDABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

reassessment, tax shall be calculated on the aggregate of the total income as assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147 and the income disclosed in the application as if such aggregate were the total income. FORM NO. 34B [See rules 44C and 44CA] Form of application for settlement of case under

PROFORM INTERIORS PRIVATE LIMITED,GURGAON vs. DCIT CC-20, NEW DELHI

b) of sub-section (1) of section 153B, except with the prior approval\nof the Joint Commissioner:\n28. From the perusal of the provisions as contained in Section 153D and 148B,\nwe find that both sections 148B and 153D are pari-materia. The intent of both the\nprovisions is to protect the interest of assessee so that the concluded assessments

PROFORM INTERIORS PRIVATE LIMITED,GURGAON vs. DCIT CC-20, NEW DELHI

Section 119 of the Act. Vide Para 9 of Chapter 3 of Volume-II\n(Technical), a clear procedure is devised i.e., how an approval is to be granted for draft\nassessment for passing of assessment order in search cases. According to the Manual,\nthe Assessing Officer should submit the draft assessment order for such approval well in\ntime along

PROFORM INTERIORS PRIVATE LIMITED,GURGAON vs. DCIT CC-20, NEW DELHI

In the result, all the appeals for

Section 119 of the Act as noticed above, we find that while Section\n119(1) of the Act, restrains the Board from issuing any instructions to subordinate\nauthorities, which may lay down instructions of such a nature requiring the Income\nTax Authorities to make particular assessment in a particular manner or to\ninterfere with the discretion of the Joint Commissioner

PROFORM INTERIORS PRIVATE LIMITED,GURGAON vs. DCIT CC-20, DELHI

In the result, all the appeals for

u/s 153D of the Act, signifies a product\nof human thoughts based on the given set of facts and interpretation of the applicable\nlaw. It provides equality in treatment and thus prevents bias, prejudice and arbitrariness.\nIt also prevents and avoids inconsistent and divergent views. The power of approval to\nthe specified authority i.e., Superior authority has been envisaged with

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.

147{a)/147{b) have ceased to be in the statute book from 01.04.1989. The mentioning of these incorrect and non-existing sections is a clear case of non- application of mind by the AO and also by the authorities providing satisfaction u/s 151. Reliance is placed in the decisions of Smt Kalpana Shantilal Haria Vs ACIT W.P.{L) No.3063/2017

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.

147{a)/147{b) have ceased to be in the statute book from 01.04.1989. The mentioning of these incorrect and non-existing sections is a clear case of non- application of mind by the AO and also by the authorities providing satisfaction u/s 151. Reliance is placed in the decisions of Smt Kalpana Shantilal Haria Vs ACIT W.P.{L) No.3063/2017

PROFORM INTERIORS PRIVATE LIMITED,GURGAON vs. DCIT CC-20, NEW DELHI

In the result, all the appeals for

Section 119 of the Act. Vide Para 9 of Chapter 3 of Volume-II\n(Technical), a clear procedure is devised i.e., how an approval is to be granted for draft\nassessment for passing of assessment order in search cases. According to the Manual,\nthe Assessing Officer should submit the draft assessment order for such approval well in\ntime along

SEEMA GOEL,DELHI vs. CIT A, DELHI

The appeals of the assessee are allowed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

1) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the action of the AO despite the fact that the order under Section 148A(d) of the Act, notice under section 148 of the Act and the consequent reassessment order under section 147 r.w.s. 144

SEEMA GOEL,DELHI vs. CIT A, DELHI

The appeals of the assessee are allowed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

1) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the action of the AO despite the fact that the order under Section 148A(d) of the Act, notice under section 148 of the Act and the consequent reassessment order under section 147 r.w.s. 144

K K SPUN INDIA LIMITED,DELHI vs. DCIT CENTRAL CIRCLE-2 NEW DELHI, JHANDEWALAN DELHI

The appeals of the assessee are allowed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

1) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the action of the AO despite the fact that the order under Section 148A(d) of the Act, notice under section 148 of the Act and the consequent reassessment order under section 147 r.w.s. 144

K K SPUN INDIA LIMITED,DELHI vs. DCIT, JHANDEWALAN DELHI

The appeals of the assessee are allowed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

1) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the action of the AO despite the fact that the order under Section 148A(d) of the Act, notice under section 148 of the Act and the consequent reassessment order under section 147 r.w.s. 144

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-18, NEW DELHI

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

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

B" i.e. person other than "A". 4. That on the facts & circumstances of the case and in law, the CIT(A) did not appreciate that since no incrementing material was found during search allegedly conducted on the Appellant, therefore, direction to initiate proceedings under section 147 of the Act, for the assessment year 2015-16 was beyond the scope

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE-18, DELHI

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

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

B" i.e. person other than "A". 4. That on the facts & circumstances of the case and in law, the CIT(A) did not appreciate that since no incrementing material was found during search allegedly conducted on the Appellant, therefore, direction to initiate proceedings under section 147 of the Act, for the assessment year 2015-16 was beyond the scope

SKY BLUE INFOTECH PVT LTD,NEW DELHI vs. ITO WARD - 23(4), NEW DELHI

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

Bench: Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.438/Del/2020 िनधा"रणवष"/Assessment Year: 2010-11 बनाम Sky Blue Infotech Pvt. Ltd. Income Tax Officer 206, Hans Bhawan, 1, Vs. Ward-23(4), Bahadurshah Zafar Marg, Room No.246, C.R. Bldg., New Delhi. I.P. Estate, New Delhi. Pan No. Aalcs1584K अपीलाथ" Appellant ""यथ"/Respondent

Section 147 but merely acts at the behest of any superior authority, it must be held that assumption of jurisdiction was bad for non- satisfaction of the condition precedent.’ In the case of Munjal Showa Ltd vs Dy CIT & Anr WP.(C) 1707/2014 DT: 22.02.2016, the Hon’ble Delhi High Court has quashed the reassessment proceeding relying the decision

DHARAMVIR KHOSLA ,. vs. DCIT CC-5, NEW DELHI , .

The appeals are allowed for statistical purposes and ld

144 of the Act). Assessee, against the intimation under section 143(1) of\nthe Act, has filed a rectification application under section 154 of the Act (vide\napplication dated 16.06.2020) and the same is pending disposal. The CIT(A) in the\nimpugned order has directed the AO to dispose off the said rectification\napplication dated 16.06.2020. Moreover, if assessee