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. OMEGA BIOTECH LTD.,GHAZIABAD vs. ITO, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri Laliet Kumar & Shri B.R.R.Kumar

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment ,for the past assessment years could be assessed or reassessed to confer jurisdiction under section 147(a) two conditions were required to be satisfied, firstly

SMT. CHAYA SINHA,NEW DELHI vs. ACIT, FARIDABAD

In the result the appeal of the assessee is allowed

Bench: Shria.T.Varkey & Shri Prashant Maharishi

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment forthe past assessment years could be assessed or reassessed. To confer jurisdiction under section 147(a) two conditions were required to be satisfied : firstly

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

reassessment order. 7. The Revenue is in appeal before us. The following substantial question of law arises and is framed:- “Was the Tribunal right in law in holding that in the absence of any tangible material available with the Assessing Officer to form the requisite belief regarding escapement of income, the reopening of the assessement made under Section

ACIT, NEW DELHI vs. M/S. ENGINEERING PROJECTS INDIA LTD., NEW DELHI

In the result, the Appeal filed by the Revenue stands dismissed

Bench: Shri H.S. Sidhu & Shri N.S. Saini

u/s 148 of the Act on 28-03-2013. The Hon'ble Delhi High Court in the case of Orient craft Ltd. reported in 354 ITR 536 (2013) (Delhi) held: "We think that the point taken on behalf of the assessee that even an assessment made under Section 143(1) of the Act can be reopened under Section 147 only

ADDL.CIT, SPECIAL RANGE-18, NEW DELHI vs. JAGANANTH HEMCHAND JAIN, NEW DELHI

In the result, the appeal of the Revenue as well as Cross Objection of the assessee is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

152/- made u/s 69C of I. T. Act ,1961 at point 1.” 4. As per its Cross Objections, the assessee has challenged the jurisdiction assumed by the Assessing Officer under Section 147 r.w. I.T.A. Nos.7754 & 7755/Del/2018 3 CO Nos.15 & 16/Del/2023 Section 148 of the Act. The grounds of the Cross Objections read as under: “1. That there is no valid

ADDL.CIT, SPECIAL RANGE-18, NEW DELHI vs. JAGANANTH HEMCHAND JAIN, NEW DELHI

In the result, the appeal of the Revenue as well as Cross Objection of the assessee is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

152/- made u/s 69C of I. T. Act ,1961 at point 1.” 4. As per its Cross Objections, the assessee has challenged the jurisdiction assumed by the Assessing Officer under Section 147 r.w. I.T.A. Nos.7754 & 7755/Del/2018 3 CO Nos.15 & 16/Del/2023 Section 148 of the Act. The grounds of the Cross Objections read as under: “1. That there is no valid

KOHINOOR FOODS LTD. FORMERLY SATNAM OVERSEAS LTD. vs. COMMISSIONER OF INCOME TAX

152 are substantially different from the as they stood prior to such substitution. Under the old provisions of Section 147, separate clauses (a) and (b) laid down the circum-stances under which income escaping assessment for the 2011:DHC:5843-DB ITA No. 685/2009 & 686/2009 Page 16 of 21 past assessment years could be assessed or reassessed. To confer jurisdiction

LASCO CHEMIE PRIVATE LIMITED,DELHI vs. INCOME TAX OFFICER, WARD-15(2), NEW DELHI, DELHI

In the result, the appeal filed by the assessee is allowed

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarlasco Chemie Private Vs. Income Tax Officer, Limited, Ward-15(2), Delhi 10489 Kalptaru, Sadar Thana Road Motia Khan, New Delhi 110055 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabcl 3502 E Appellant .. Respondent

147 cannot be regarded as having been validly initiated unless P a g e | 17 Lasco Chemie (P) Ltd. (AY 2012-13) reasons recorded for initiating the proceedings are served on the assessee within the period of limitation prescribed in section 149 of the Act, i.e, before the expiry of six years from the end of the relevant assessment year

DCIT, NEW DELHI vs. M/S. NIIT SMARTSERVE LTD., NEW DELHI

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

Bench: Ms. Sushma Chowlaand Shri N.K. Billaiya[Assessment Year: 2005-06] The Dy.C.I.T Vs. Niit Smartserve Ltd Circle – 18(2) 8, Balaji Estate New Delhi Guru Ravidas Marg New Delhi Pan: Aabcn 4598 E & Co No. 217/Del/2018 (In Ita No.5173/Del/2015) [Assessment Year: 2005-06] Niit Smartserve Ltd Vs. The Dcit 8, Balaji Estate Circle – 18(2) Guru Ravidas Marg New Delhi New Delhi Pan: Aabcn 4598 E [Appellant] [Respondent] Date Of Hearing : 23.07.2020 Date Of Pronouncement : 31.07.2020

u/s 143(3) r.w.s 147 of the Act shows that there is not even a whisper of non disclosure of any material facts. Moreover, there is no reference to any new fact or any new material which came to light of the Assessing Officer after framing original assessment order. In fact, adverse inference has been drawn only from material which

DCIT, NEW DELHI vs. M/S. POWERLINK TRANSMISSION LTD., NEW DELHI

In the result, both the appeals filed by the Revenue for A

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances Page 5 of 18 ITA Nos.-3869 & 3870/Del/2014 and C/O No. 128/Del/2017. M/s Powerlink Transmission Ltd., New Delhi. under which income escaping assessment for the past assessment years could

DCIT, NEW DELHI vs. M/S. POWERLINK TRANSMISSION LTD., NEW DELHI

In the result, both the appeals filed by the Revenue for A

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances Page 5 of 18 ITA Nos.-3869 & 3870/Del/2014 and C/O No. 128/Del/2017. M/s Powerlink Transmission Ltd., New Delhi. under which income escaping assessment for the past assessment years could

O.P.YADAV,NEW DELHI vs. DCIT, CENTRAL CIRC LE-15, NEW DELHI

In the result, the appeal filed by the assessee is dismissed

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

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of s. 147, separate cls. (a) and (b) laid down the circumstances under which income escaping assessment for the past assessment years could be assessed or reassessed. To confer jurisdiction under s. 147(a) two conditions were required to be satisfied firstly

DONALDSON INDIA FILTERS SYSTEMS PVT. LTD vs. DCIT, CIRCLE 10(1)

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment for the past assessment years could be assessed or reassessed. To confer jurisdiction under section 147(a) two conditions were required to be satisfied : firstly

SHRI CHETAN SETH,NEW DELHI vs. ITO, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment for the past assessment years could be assessed or reassessed. To confer jurisdiction under section 147(a) two conditions were required to be satisfied firstly

CHETAN SETH,NEW DELHI vs. ITO,WARD-15(3), DELHI

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment for the past assessment years could be assessed or reassessed. To confer jurisdiction under section 147(a) two conditions were required to be satisfied firstly

SHRI CHETAN SETH,NEW DELHI vs. ITO, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment for the past assessment years could be assessed or reassessed. To confer jurisdiction under section 147(a) two conditions were required to be satisfied firstly

ISWAR CHAND DUBEY,DELHI vs. ITO,WARD-68 (1), DELHI

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment for the past assessment years could be assessed or reassessed. To confer jurisdiction under section 147(a) two conditions were required to be satisfied firstly

PUNIT KUMAR AGGARWAL,DELHI vs. ITO,WARD-36(2), DELHI

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down the circumstances under which income escaping assessment for the past assessment years could be assessed or reassessed. To confer jurisdiction under section 147(a) two conditions were required to be satisfied firstly