INCOME TAX OFFICER, WARD 3(1), DELHI, DELHI vs. ARTISTIC FINANCE PRIVATE LIMITED, DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

15. The following issue is accordingly framed for reference to the Full Bench i.e. whether the view expressed in the case of Ranbaxy Laboratories Limited (supra) [following Jet Airways's case (supra) of the Bombay High Court and followed later in Monarch Educational Society's case (supra)] with respect to the interpretation of Section 147 read with Explanation

DESIGNARCH INFRASTRUCTURE P.LTD,NEW DELHI vs. ITO, WARD-7(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 8199/Del/2019 : Asstt. Year : 2010-11 Designarch Infrastructure Pvt. Ltd., Vs. Income Tax Officer, L-7A(Lgf), South Extension, Part-Ii, Ward-7(1), New Delhi-110049 New Delhi-110002 (Appellant) (Respondent) Pan No. Aacfi4218C Assessee By : Sh. Raj Kumar, Ca Revenue By : Sh. Jagdish Singh, Sr. Dr Date Of Hearing: 12.10.2020 Date Of Pronouncement: 21.10.2020

u/s 148 at their disposal to come out with the details of the deposit. 15. Our above view in respect of Rs.5,00,000/- leads to examination of applicability of Explanation-3 to Section 147 of the IT Act inserted by the Finance (No. 2 of 2009) with regard to the ground no 7 of the appeal where

HURON BUILDERS PVT LTD,NEW DELHI vs. ITO WARD - 6(1), NEW DELHI

In the result the appeal is allowed on this preliminary

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

15. On the other hand, Ld. Senior DR, appearing on behalf of revenue vehemently opposed the arguments put forth by the ld. Counsel and strongly relied upon the order of the CIT(A), on the issue of initiation of proceedings under section 147 and submitted that same was valid. She submitted, that law relating to taking action under section 147

WARM FORGINGS P.LTD,NEW DELHI vs. DCIT, CIRCLE-27(1), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad & Dr. B.R.R. Kumarआ.अ.सं/.I.T.A No.1148/Del/2019 िनधा"रणवष"/Assessment Year: 2010-11 बनाम Warm Forgings P. Ltd., Dcit Plot No.117 & 118, A-3, Vs. Circle 27(1), Sector-11, Rohini, New Delhi. New Delhi. Pan No.Aabcc7684C अपीलाथ" Appellant ""यथ"/Respondent

15 of the assessment order and completed the assessment at Rs.28,23,720/- u/s 147/148 read with section 143(3) of the Act vide order dated 15.12.2016. Against the assessment order dated 15.12.2016, assessee appealed before the Ld. CIT(A), who vide his impugned order dated 30.11.2018 has dismissed the appeal of the assessee. Aggrieved with the impugned order dated

ACIT CIRCLE-59(1), NEW DELHI vs. NEERAJ KUMAR SINGHAL, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

15 accepting the returned income. A perusal of the reasons recorded on 29.03.2016 show that there is no allegation by the Assessing Officer of any failure on the part of the assessee to disclose fully and truly all material facts necessary for completion of the assessment. Therefore, in view of the proviso to section 147 of the I.T. Act where

ITO, WARD- 21(4), NEW DELHI vs. RUKMINI IRON PVT. LTD., DELHI

In the result, the Cross Objection of the assessee is allowed and the appeal filed by the Revenue is dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2009-10 Ito, Vs. Rukmini Iron Pvt. Ltd., Ward-21(4), X-55/102, Loha Mandi, New Delhi. Naraina, Delhi. Pan: Aaccr7910H Co No.66/Del/2018 (Ita No.550/Del/2018) Assessment Year: 2009-10 Rukmini Iron Pvt. Ltd., Vs. Ito, X-55/102, Loha Mandi, Ward-21(4), Naraina, New Delhi. Delhi. Pan: Aaccr7910H (Appellant) (Respondent) Assessee By : Shri Suresh Gupta, Ca Revenue By : Shri Ramdhan Meena, Sr. Dr Date Of Hearing : 29.08.2022 Date Of Pronouncement : 20.09.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.10.2017 Of The Cit(A)-38, Delhi, Relating To Assessment Year 2009-10. In This Case, The Assessee Has Filed A Cross Objection. Co No.66/Del/2018 2. The Grounds Of Appeal Raised By The Revenue Read As Under:- “1. "On The Facts & Under The Circumstances Of The Case, The Ld Cit(A) Has Erred In Law & Facts In Deleting The Addition Of Rs. 2,40,00,000/- Made By The Ao U/S 68 Of Income Tax Act, 1961, Ignoring The Decision Of The Ld. Cit (A) In The Case Of Surender Kumar Jain (S. K. Jain) Wherein, It Is Held That Jain Brothers Are Equally Involved In The Accommodation Entry Business & Maintain The Documents & Record. " 2. "On The Facts & Under The Circumstances Of The Case, The Ld Cit(A) Has Erred In Law & Facts In Deleting The Addition Of Rs 2,40,00,000/- Under Section 68 Of The Act By Ignoring The Ratio Decidendi In The Case Of Cit Vs. M/S N. R. Portfolio Pvt. Ltd. (2014), 2 Itr-Ol-68 & Pcit-7 Vs. Bikram Singh In It A No. 55/2017 Dated 25/08/2017 On Identical Issue Of Addition As Unexplained Share Capital U/S 68 Of The It Act. 3 The Appellant Craves To Be Allowed To Add & Alter Any Fresh Grounds(S) Of Appealand/Or Delete Or Amend Any Of The Ground(S) Of Appeal."

section 147 of the Act. We hold so. 18 CO No.66/Del/2018 13. Therefore, the Cross Objection No.1 of the assessee is allowed and the impugned initiation of reassessment proceedings u/s 147 of the Act, notice u/s 148 of the Act dated 28.03.2016 and the consequent reassessment order u/s 143(3) r.w.s.147 of the Act dated 30.12.2016 are quashed being

DCIT, NEW DELHI vs. M/S. DHARAMPAL SATYAPAL LTD., DELHI

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

section 147 to 151 are not satisfied. 2. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in reopening the impugned assessment U/S 147, more so when the appellant was searched u/s 132 of Income Tax Act, 1961. 3. That

M/S. DHARAMPAL SATYAPAL LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

section 147 to 151 are not satisfied. 2. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in reopening the impugned assessment U/S 147, more so when the appellant was searched u/s 132 of Income Tax Act, 1961. 3. That

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.

section 148 on 10.02.2014 although the reason recorded shown to be recorded on 23.01.2014 (PB 15). The mentioning of approval taken by Addl CIT before issuance of notice u/s 148 in para 14 (PB 19) of reason recorded clears the position that reasons were recorded only after approval was taken from Addl CIT and before issuance of notice u/s

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.

section 148 on 10.02.2014 although the reason recorded shown to be recorded on 23.01.2014 (PB 15). The mentioning of approval taken by Addl CIT before issuance of notice u/s 148 in para 14 (PB 19) of reason recorded clears the position that reasons were recorded only after approval was taken from Addl CIT and before issuance of notice u/s

ACIT, CIRCLE-26(2), NEW DELHI vs. VIKRAM ELECTRIC EQUIPMENT P.LTD, NEW DELHI

The appeal of the Revenue is dismissed as\ninfructuous

147 of the Act\nstands unsatisfied. This being a\njurisdictional error, the consequence which follows would\nresult in invalidation of the assessment order. Therefore,\nwe hold that the assessment order passed under section\n143(3) r.w.s.147 of the Act without valid service of\nnotice under section 148 of the Act is void ab initio.\"\n\n27. The Amritsar bench

COMMISSIONER OF INCOME TAX, DELHI VIII vs. INDIAN FARMERS FERTILIZERS CO-OP. LTD.

The appeal stands disposed of accordingly

reassessment order for the A.Y. 1992-93 in ITA No.901/DEL/2004 has been quashed by Hon‟ble ITAT, hence no unabsorbed losses survives to be carried forward for the A.Y. 1993-94 and the re-assessment proceedings for the A.Y. 1993-94 are without any foundation and jurisdiction.” For the above mentioned reasons, the very foundation for assumption of jurisdiction u/s

BSES YAMUNA POWER LTD.,NEW DELHI vs. DCIT, CIRCLE- 5(1), NEW DELHI

The appeal of the assessee is allowed on legal issues

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

reassessment proceedings under section 147 of the Act having being initiated for the purpose of scrutinizing/ investigating the details of the appellant, is illegal and bad in law. 3.4 That the CIT(A) erred on facts and in law in not appreciating that the proceedings under section 147 of the Act having been initiated on the basis of incorrect facts

BSES YAMUNA POWER LTD,DELHI vs. ACIT, CIRCLE-5(1), NEW DEL;HI

The appeal of the assessee is allowed on legal issues

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

reassessment proceedings under section 147 of the Act having being initiated for the purpose of scrutinizing/ investigating the details of the appellant, is illegal and bad in law. 3.4 That the CIT(A) erred on facts and in law in not appreciating that the proceedings under section 147 of the Act having been initiated on the basis of incorrect facts

PASSION REALTECH PVT LTD,GURGAON vs. ;ACIT, CENTRAL CIRCLE-2, FARIDABAD

In the result, Appeals in ITA

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

15 Taxmann.com 70 (P&H) &Panna Devi Chowdhary Vs. CIT, 208 ITR 849 (Bom). 10. In the light of the view expressed on merits in favour of the assessee, we are not inclined to examine the nuances of challenge to the jurisdiction assumed under s. 147 of the Act, approval granted under s. 151 of the Act, invocation

PASSION REALTECH PVT LTD,GURGAON vs. ACIT, CENTRAL CIRCLE-2, FARIDABAD

In the result, Appeals in ITA

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

15 Taxmann.com 70 (P&H) &Panna Devi Chowdhary Vs. CIT, 208 ITR 849 (Bom). 10. In the light of the view expressed on merits in favour of the assessee, we are not inclined to examine the nuances of challenge to the jurisdiction assumed under s. 147 of the Act, approval granted under s. 151 of the Act, invocation

RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

reassessment proceedings u/s 147 of the Act. Therefore, the contention of the Ld. Counsel for the assessee that the deposits in the bank account cannot be mechanically assumed to be the income of the appellant also does not hold water. Therefore, the legal contentions of the Ld. Counsel for the assessee raised in Grounds of Appeal

RUBY SINGH ,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

reassessment proceedings u/s 147 of the Act. Therefore, the contention of the Ld. Counsel for the assessee that the deposits in the bank account cannot be mechanically assumed to be the income of the appellant also does not hold water. Therefore, the legal contentions of the Ld. Counsel for the assessee raised in Grounds of Appeal