ACIT, NEW DELHI vs. M/S SPLENDOR LANDBASE LTD.,, NEW DELHI

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

Bench: Shri H.S. Sidhu & Shri O.P. Kanti.T.A. No.2461/Del/2016 A.Y. : 2010-11 Assistant Commissioner M/S Splendor Landbase Of Income, Central Vs. Limited, Circle-3, F-38/2, Splendor House, New Delhi Okhla Industrial Area, Phase-Ii, New Delhi (Pan: Aaeca3986E) (Appellant) (Respondent) & C.O. No. 215/Del/2016 In I.T.A. No. 2461/Del/2016 A.Y. : 2010-11 M/S Splendor Landbase Assistant Commissioner Limited, Vs. Of Income, Central Circle- F-38/2, Splendor House, 3, Okhla Industrial Area, New Delhi Phase-Ii, New Delhi (Pan: Aaeca3986E) (Appellant) (Respondent)

reassessment was in consequence of return filed in response to notice u/s 153A, which statutorily being a return u/s 139(1) provisions of s. 80 of the Act do not apply and the assessee is eligible to carry forward of the loss. I do not agree with the contentions of the appellant since sub-section (3) of s. 139 very

DR SHRIDHAR RA vs. AHEB LIMBIKAI DCIT CC-17, DELHIVS.M/S AKG CONSULTANT PVT. LTD., LUCKNOW

Bench: Sh. Satbeer Singh Godara & Sh. Amitabh Shukla

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 shall (a) issue notice to such person requiring him to furnish within

DR. SHRIDHAR RA vs. AHEB LIMBIKAI DCIT CENTRAL CIRCLE 17 , DELHIVS.MS. NAMITA GUPTA, LUCKNOW

Bench: Sh. Satbeer Singh Godara & Sh. Amitabh Shukla

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 shall (a) issue notice to such person requiring him to furnish within

DCIT CENTRAL CIRCLE-32, NEW DELHI vs. RNB LEASING AND FINANCIAL SERVICES, NEW DELHI

Bench: Shri S Rifaur Rahman & Shri Sudhir Pareek

158B to 158BI and which embodied the concept of a block assessment. A block assessment in search cases undertaken in terms of the provisions placed in Chapter XIVB was ordained to be undertaken simultaneously and parallelly to a regular assessment. Contrary to the scheme underlying Chapter XIVB, Sections 153A, 153B 25 ITAT and 153C contemplate a merger of regular assessments

DR. SHRIDHAR RA vs. AHEB LIMBIKAI DCIT CENTRAL CIRCLE 17, DELHIVS.MS. NAMITA GUPTA, LUCKNOW

Bench: Sh. Satbeer Singh Godara & Sh. Amitabh Shukla

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 shall (a) issue notice to such person requiring him to furnish within

DR. SHIRDHAR RA vs. AHEB LIMBIKAI DCIT CENTRAL CIRCLE 17 , DELHIVS.M/S AKG CONSULTANT PVT. LTD., LUCKNOW

Bench: Sh. Satbeer Singh Godara & Sh. Amitabh Shukla

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 shall (a) issue notice to such person requiring him to furnish within

DR. SHRIDHAR RA vs. AHEB LIMBIKAI DCIT CENTRAL CIRCLE 17 , DELHIVS.ASHWANI KUMAR GUPTA (HUF), KANPUR

Bench: Sh. Satbeer Singh Godara & Sh. Amitabh Shukla

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 shall (a) issue notice to such person requiring him to furnish within

M/S JINDAL PHOTO LTD.,,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee in ITA No

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

147 (Punjab & Haryana High Court)[17-08-2006]. The ld DR referred to the case of L. G. Electronics India Pvt. Ltd Vs Addl. CIT Range-4, New Delhi [2010] 39 SOT 275 (ITAT Delhi D Bench) where sales tax was held to be incidental to sale and hence trading receipts under UP Industrial Policy, 1989 which granted subsidy

M/S. JINDAL PHOTO LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee in ITA No

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

147 (Punjab & Haryana High Court)[17-08-2006]. The ld DR referred to the case of L. G. Electronics India Pvt. Ltd Vs Addl. CIT Range-4, New Delhi [2010] 39 SOT 275 (ITAT Delhi D Bench) where sales tax was held to be incidental to sale and hence trading receipts under UP Industrial Policy, 1989 which granted subsidy

THE COMMISSIONER OF INCOME TAX vs. M.S.AGGARWAL

Section 139(1) of the Act, every person who is assessable under the Act, must file a return declaring his or her total income during the previous year on or before the due date, for assessment under Section 143 of the Act. Hence, the ―disclosure of income‖ is the disclosure of the total income in a valid return under Section

THE COMMISSIONER OF INCOME TAX XIII vs. RADHEY SHYAM BANSAL

reassessment‘ in s.132B shall be construed as references to ‗block assessment‘.‖ ―158BD. Undisclosed income of any other person - Where the AO is satisfied that any undisclosed income belongs to any person, other than the person with respect to whom search was made under s.132 or whose books of account or other documents or any assets were requisitioned under s.132A, then

DEEPAK AGARWAL,DELHI vs. DCIT, CENTRAL CIRCLE- 25 , DELHI

Bench: Shri S Rifaur Rahman, Accountnat Member & Shri Anubhav Sharma

158B to Sec 158 BI has been inserted vide Finance No 2 Act 2024 w.e.f 01.09.2024. It was submitted that in case of assesse search action u/s 132 of the Act is after 01.04.2021 and before 01.09.2024 that is , 17.11.2021. So relevant applicable provision could be only Section 148 read with Explanation 2 clause (i) covering deemed escapement clause. Thus

DEEPAK AGARWAL,DELHI vs. DCIT, CENTRAL CIRCLE- 25, DELHI

Bench: Shri S Rifaur Rahman, Accountnat Member & Shri Anubhav Sharma

158B to Sec 158 BI has been inserted vide Finance No 2 Act 2024 w.e.f 01.09.2024. It was submitted that in case of assesse search action u/s 132 of the Act is after 01.04.2021 and before 01.09.2024 that is , 17.11.2021. So relevant applicable provision could be only Section 148 read with Explanation 2 clause (i) covering deemed escapement clause. Thus

DEEPAK AGARWAL,DELHI vs. DCIT,CENTRAL CIRCLE- 13, DELHI

Bench: Shri S Rifaur Rahman, Accountnat Member & Shri Anubhav Sharma

158B to Sec 158 BI has been inserted vide Finance No 2 Act 2024 w.e.f 01.09.2024. It was submitted that in case of assesse search action u/s 132 of the Act is after 01.04.2021 and before 01.09.2024 that is , 17.11.2021. So relevant applicable provision could be only Section 148 read with Explanation 2 clause (i) covering deemed escapement clause. Thus

DEEPAK AGARWAL,DELHI vs. DCIT, CENTRAL CIRCLE-25, DELHI

Bench: Shri S Rifaur Rahman, Accountnat Member & Shri Anubhav Sharma

158B to Sec 158 BI has been inserted vide Finance No 2 Act 2024 w.e.f 01.09.2024. It was submitted that in case of assesse search action u/s 132 of the Act is after 01.04.2021 and before 01.09.2024 that is , 17.11.2021. So relevant applicable provision could be only Section 148 read with Explanation 2 clause (i) covering deemed escapement clause. Thus

M/S. JINDAL PHOTO LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

147 (Punjab & Haryana High Court)[17-08-2006]. The ld DR referred to the case of L. G. Electronics India Pvt. Ltd Vs Addl. CIT Range-4, New Delhi [2010] 39 SOT 275 (ITAT Delhi D Bench) where sales tax was held to be incidental to sale and hence trading receipts under UP Industrial Policy, 1989 which granted subsidy

THE PR. COMMISSIONER OF INCOME TAX -CENTRAL-1 vs. OJJUS MEDICARE PVT. LTD.

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

u/s 153C r.w.s. 153A of the Act, for the A.Ys. 2010-11 to 2020-21 are being issued.” 15. As would be manifest from the tabular statement which finds place in the Satisfaction Note, although the individual transactions referable to the FYs’ in question fall below the threshold of INR 50 lakhs, when viewed cumulatively, they would meet

RITU SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

u/s. 292C of the Act relied on by the ld.DR are available against the person in whose possession the books of account other documents etc., were found. The presumption is not available against the third party and transactions are through Demat account. The assessee filed all the documents and these purchases were made by the assessee through account payee cheque