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

u/s 153A cannot be sustained and is hereby deleted as the same is without basis of incriminating material unearthed during the search action on the appellant and impugned addition could have been done by the learned assessing officer in re-assessment proceedings by issuance of notice under section 147/148. The Id. AO is directed to take necessary action in this

ALI MOHAMMAD,GHAZIABAD vs. ACIT, CIRCLE-2(1)(1), GHAZIABAD

In the result, appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.5608/Del/2024 िनधा"रणवष"/Assessment Year: 2014-15 बनाम Ali Mohammad Acit, Mohalla Kot Kachchi Saray, Vs. Circle-2(1)(1), Murad Nagar, Ghaziabad, Ghaziabad. Uttar Pradesh. Pan No.Etopm2968E अपीलाथ" Appellant ""यथ"/Respondent

1) of the Act, 1961 specifically provides that a notice or other documents issued by any Income Tax Authority shall be signed by that authority in accordance with such procedure as may be prescribed. Section 151 of the Act, 1961 specifically provides recording of satisfaction by the Prescribed Authority, on the reasons recorded by the 28 Assessing Officer that

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

In the result, all the appeals for Assessment Years 2013-14 to 2022-23 in ITA

Bench: Shri Anubhav Sharma & Shri Manish Agarwalita Nos. 4153 & 4008/Del/2025 (Assessment Year: 2012-13 & 2018-19) Dcit, Proform Interiors Pvt. Ltd., Central Circle-20, Ground Floor, Jmd Regent Room No. 269A, 2Nd Floor, Vs. Plaza, Mg Road, Gurgaon, Ara Centre, Jhandewalan Haryana-122001. Extn., Delhi-110055. Pan-Aahcs5999J

151.] “Prior approval for assessment, reassessment or recomputation in certain cases. 148B. No order of assessment or reassessment or recomputation under this Act shall be passed by an Assessing Officer below the rank of Joint Commissioner, in respect of an assessment year to which clauses (i) or clause (ii) or clause (iii) or clause (iv) of Explanation 2 to section

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

The appeals are allowed for statistical purposes and ld

147, 148, 149, 151 and 153.\n8.2 Having noticed the above, we may also refer to the second and the third\nproviso to section 153A(1). For the sake of convenience, the second and\nthird proviso to section 153A(1) of the said Act which is relevant is\nreproduced below and reads thus:\nProvided further that assessment or reassessment

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.

reassessment proceedings based on Non-existing provision of law and also errors contained in the performa: Non application of mind is discernable from the performa (PB 18) filed by the AO to take approval from the appropriate authority u/s 151. In question in item No.7 which says “Whether the provisions of section 147(a) or 147(b) are applicable

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.

reassessment proceedings based on Non-existing provision of law and also errors contained in the performa: Non application of mind is discernable from the performa (PB 18) filed by the AO to take approval from the appropriate authority u/s 151. In question in item No.7 which says “Whether the provisions of section 147(a) or 147(b) are applicable

M/S. CHITRAKOOT MERCHANDISE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the Appeals filed by the Assessee stand allowed

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

u/s 153C by higher judicial authorities including the jurisdictional High Court. Section 153C of the Act for ready reference is reproduced herewith:- “153C.(1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books

M/S. CHITRAKOOT MERCHANDISE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the Appeals filed by the Assessee stand allowed

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

u/s 153C by higher judicial authorities including the jurisdictional High Court. Section 153C of the Act for ready reference is reproduced herewith:- “153C.(1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books

ACIT, NEW DELHI vs. SH. SURESH KUMAR GUPTA, NEW DELHI

Appeals of the assessee are allowed accordingly

Bench: Shri Amit Shukla & Shri Prashant Maharishi

147 was completed prior to issuance of notice u/s 148 of the Act. The notice u/s 148 of the Act was issued on 25.3.2009 i.e. four years beyond the end of the assessment year. Therefore u/s 151 (2) of the Act is applicable to the facts of instant case Section 151(2) of the Act read as under

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

1) of section 153A” : 6.4 It is submitted that on perusal of aforesaid it is evident that section starts with heading namely “Assessment of income of any other person” and further provides that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

1) of section 153A” : 6.4 It is submitted that on perusal of aforesaid it is evident that section starts with heading namely “Assessment of income of any other person” and further provides that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

1) of section 153A” : 6.4 It is submitted that on perusal of aforesaid it is evident that section starts with heading namely “Assessment of income of any other person” and further provides that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

1) of section 153A” : 6.4 It is submitted that on perusal of aforesaid it is evident that section starts with heading namely “Assessment of income of any other person” and further provides that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money

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 151of the Act and secondly in the case which falls under proviso to section 151(1) of the Act, approval has to be granted by the Chief Commissioner or Commissioner and since for the AY 2003-04 and 2004-05, approval has been granted by the Addl. CIT hence initiation of proceedings under section 147

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 151of the Act and secondly in the case which falls under proviso to section 151(1) of the Act, approval has to be granted by the Chief Commissioner or Commissioner and since for the AY 2003-04 and 2004-05, approval has been granted by the Addl. CIT hence initiation of proceedings under section 147

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 151of the Act and secondly in the case which falls under proviso to section 151(1) of the Act, approval has to be granted by the Chief Commissioner or Commissioner and since for the AY 2003-04 and 2004-05, approval has been granted by the Addl. CIT hence initiation of proceedings under section 147

ACIT, CC-30, NEW DELHI vs. AMARJYOTI VANIJYA PVT. LTD., NEW DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

1), which is as under :- “Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer

ACIT, CC-30, NEW DELHI vs. AMARJYOTI VANIJYA PVT. LTD., NEW DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

1), which is as under :- “Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer