ITO, NEW DELHI vs. M/S NEETEE CLOTHING (P) LTD.,, NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Shri A.T. Varkey & Shri O.P. Kant

section (2), however, is again in the nature of a proviso to sub-s. (1). It says that the provisions of sub-s. (1) shall not apply where, by virtue of any other provision limiting the time within which action for assessment, reassessment or recomputation may be taken, such assessment, reassessment, or recomputation is barred on the date

DCIT CENTRAL CIRCLE-14, NEW DELHI vs. SH. VIJAY KUMAR SONI, NEW DELHI

The appeal of the Revenue is dismissed as infructuous

Bench: Dr. B. R. R. Kumarsh. Sudhir Kumarita No. 1883/Del/2023 : Asstt. Year : 2017-18 Bijay Kumar Soni, Vs Dcit, C/O Anil Jain Dd & Co., Central Circle-14, 611, Surya Kiran Building, 19, New Delhi-110055 K. G. Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aolps5917H Ita No. 2144/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Bijay Kumar Soni, Central Circle-14, 61/14, Block No. 61, Ram Jas, New Delhi-110055 Karol Bagh, New Delhi-110005 (Appellant) (Respondent) Pan No. Aolps5917H Assessee By : Sh. Anil Jain, Ca Revenue By : Ms. Monika Dhami, Cit-Dr Date Of Hearing: 01.08.2023 Date Of Pronouncement: 06.09.2023 Order Per Dr. B. R. R. Kumar:

u/s 143(3). 5. In this regard, the provisions of Section 153C are as under: “Time limit for completion of assessment, reassessment and re- computation. 153. (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of twenty-one months from the end of the assessment year in which

BIJAY KUMAR SONI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-14, NEW DELHI

The appeal of the Revenue is dismissed as infructuous

Bench: Dr. B. R. R. Kumarsh. Sudhir Kumarita No. 1883/Del/2023 : Asstt. Year : 2017-18 Bijay Kumar Soni, Vs Dcit, C/O Anil Jain Dd & Co., Central Circle-14, 611, Surya Kiran Building, 19, New Delhi-110055 K. G. Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aolps5917H Ita No. 2144/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Bijay Kumar Soni, Central Circle-14, 61/14, Block No. 61, Ram Jas, New Delhi-110055 Karol Bagh, New Delhi-110005 (Appellant) (Respondent) Pan No. Aolps5917H Assessee By : Sh. Anil Jain, Ca Revenue By : Ms. Monika Dhami, Cit-Dr Date Of Hearing: 01.08.2023 Date Of Pronouncement: 06.09.2023 Order Per Dr. B. R. R. Kumar:

u/s 143(3). 5. In this regard, the provisions of Section 153C are as under: “Time limit for completion of assessment, reassessment and re- computation. 153. (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of twenty-one months from the end of the assessment year in which

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 34/147." In the same order the Hon'ble court has further held that it not furnish a reasonable ground for the Income tax Officer to believe that on account of the failure - indeed not a mere failure but a positive design to mislead of the assessee to disclose all material facts, fully and truly, necessary for the assessment

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 34/147." In the same order the Hon'ble court has further held that it not furnish a reasonable ground for the Income tax Officer to believe that on account of the failure - indeed not a mere failure but a positive design to mislead of the assessee to disclose all material facts, fully and truly, necessary for the assessment

AMOL AWASTHI,NEW DELHI vs. DCIT, C.C.1, NEW DELHI

In the result, appeals are allowed, as indicated

Bench: Shri Saktijit Dey & Shri M Balaganesh

147 and 148 of the Act as existed earlier and which have been brought back into the statute w.e.f. 01/04/2021 were sufficient to take care of the assessments in consequence to an income-tax search. The Legislature in its wisdom carved out special provisions for such assessments w.e.f. 01/06/2003 till 20 ITAs No.1342, 1343, 1344, 1345, 1346, 1347 & 1348/DEL/2024 31/03/2021

AMOL AWASTHI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-1, NEW DELHI

In the result, appeals are allowed, as indicated

Bench: Shri Saktijit Dey & Shri M Balaganesh

147 and 148 of the Act as existed earlier and which have been brought back into the statute w.e.f. 01/04/2021 were sufficient to take care of the assessments in consequence to an income-tax search. The Legislature in its wisdom carved out special provisions for such assessments w.e.f. 01/06/2003 till 20 ITAs No.1342, 1343, 1344, 1345, 1346, 1347 & 1348/DEL/2024 31/03/2021

AMOL AWASTHI,NEW DELHI vs. DCIT, C.C.1, NEW DELHI

In the result, appeals are allowed, as indicated

Bench: Shri Saktijit Dey & Shri M Balaganesh

147 and 148 of the Act as existed earlier and which have been brought back into the statute w.e.f. 01/04/2021 were sufficient to take care of the assessments in consequence to an income-tax search. The Legislature in its wisdom carved out special provisions for such assessments w.e.f. 01/06/2003 till 20 ITAs No.1342, 1343, 1344, 1345, 1346, 1347 & 1348/DEL/2024 31/03/2021

AMOL AWASTHI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-I, NEW DELHI

In the result, appeals are allowed, as indicated

Bench: Shri Saktijit Dey & Shri M Balaganesh

147 and 148 of the Act as existed earlier and which have been brought back into the statute w.e.f. 01/04/2021 were sufficient to take care of the assessments in consequence to an income-tax search. The Legislature in its wisdom carved out special provisions for such assessments w.e.f. 01/06/2003 till 20 ITAs No.1342, 1343, 1344, 1345, 1346, 1347 & 1348/DEL/2024 31/03/2021

AMOL AWASTHI,NEW DELHI vs. DCIT, C.C.1, NEW DELHI

In the result, appeals are allowed, as indicated

Bench: Shri Saktijit Dey & Shri M Balaganesh

147 and 148 of the Act as existed earlier and which have been brought back into the statute w.e.f. 01/04/2021 were sufficient to take care of the assessments in consequence to an income-tax search. The Legislature in its wisdom carved out special provisions for such assessments w.e.f. 01/06/2003 till 20 ITAs No.1342, 1343, 1344, 1345, 1346, 1347 & 1348/DEL/2024 31/03/2021

AMOL AWASTHI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-1, NEW DELHI

In the result, appeals are allowed, as indicated

Bench: Shri Saktijit Dey & Shri M Balaganesh

147 and 148 of the Act as existed earlier and which have been brought back into the statute w.e.f. 01/04/2021 were sufficient to take care of the assessments in consequence to an income-tax search. The Legislature in its wisdom carved out special provisions for such assessments w.e.f. 01/06/2003 till 20 ITAs No.1342, 1343, 1344, 1345, 1346, 1347 & 1348/DEL/2024 31/03/2021

AMOL AWASTHI,NEW DELHI vs. DCIT, C.C.1, NEW DELHI

In the result, appeals are allowed, as indicated

Bench: Shri Saktijit Dey & Shri M Balaganesh

147 and 148 of the Act as existed earlier and which have been brought back into the statute w.e.f. 01/04/2021 were sufficient to take care of the assessments in consequence to an income-tax search. The Legislature in its wisdom carved out special provisions for such assessments w.e.f. 01/06/2003 till 20 ITAs No.1342, 1343, 1344, 1345, 1346, 1347 & 1348/DEL/2024 31/03/2021

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)

150 of paperbook];  Copy of share certificates [refer pages 151-154 of paperbook]. 51. Considering the objections and the documents/ evidences placed on record by the appellant, the DRP held as under: “3.2.3 It is submitted that the assessee has issued shares to its related party, i.e. Herba Foods SLU and had other transactions as well with the 20 said

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

reassessment proceedings for the assessment year 2013-14. (PB page 55 to 66) (vii) 13.12.2017 Petition under section 144A filed before Jt.CIT/Addl.CIT for seeking direction on validity of initiation of proceedings under section 147 for the assessment year 2013-14 (year under appeal). (PB page 67 to 70) 6 I.T.A. No.6251/DEL/2019 (viii) 19.12.2017 Rejoinder submitted on this date, before

MAHESHWARI ROLLER FLOUR MILLS PVT LTD,NEW DELHI vs. ITO WARD - 16(1), NEW DELHI

In the result, appeal of the Assessee allowed

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

150(2) would not stand in the way of initiating proceedings u/s. 147. 11. Reasons for the belief that the As per annexure. income has escaped assessment. H.K. Sharma Dated: 29.03.2017. ITO, Ward-10(1), New Delhi. 60 ITA.No.4257/Del./2019 Maheshwari Roller Flour Mills Pvt. Ltd., New Delhi.. Whether the Addl. Commissioner of I. Tax is satisfied

CHANDRA VIDYA INVESTMENT & FINANCE PVT. LTD.,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -28, DELHI, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal, Accountnat Member

u/s 143(1) of the Act is apt and squarely covers issue in favour of the assessee. The Hon'ble High Court in para No. 37 of that decision has held that no addition can be made in the hands of the assessee in absence of any incriminating material unearth during the course of search or requisition of documents

CHANDRA VIDYA INVESTMENT & FINANCE PVT. LTD.,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -28, DELHI, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal, Accountnat Member

u/s 143(1) of the Act is apt and squarely covers issue in favour of the assessee. The Hon'ble High Court in para No. 37 of that decision has held that no addition can be made in the hands of the assessee in absence of any incriminating material unearth during the course of search or requisition of documents

CHANDRA VIDYA INVESTMENT & FINANCE PVT. LTD.,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -28, DELHI, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal, Accountnat Member

u/s 143(1) of the Act is apt and squarely covers issue in favour of the assessee. The Hon'ble High Court in para No. 37 of that decision has held that no addition can be made in the hands of the assessee in absence of any incriminating material unearth during the course of search or requisition of documents