MAHARASHTRA FEEDS P. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE, FARIDABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

u/s 234A & 234B is hereby rejected. The assessee application on the issue of quantum of interest under section 234C is acceptable as interest under section 234C is levied on return of income filed Maharashtra Feeds P Ltd. under section 245C (1) of the Income Tax Act, 1961. Therefore, the same is rectified.” 4. Aggrieved, the assesee filed appeal before

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 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

CIT vs. ANIL KUMAR BHATIA

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

245D is received by the Commissioner under sub-section (2) of that section, shall be excluded. If, after the exclusion of the aforesaid period, the period of limitation available to the Assessing Officer for making an order of assessment or reassessment, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days

CIT vs. ANIL KUMAR BHATIA

245D is received by the Commissioner under sub-section (2) of that section, shall be excluded. If, after the exclusion of the aforesaid period, the period of limitation available to the Assessing Officer for making an order of assessment or reassessment, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days

M/S RADIC KHAITAN LTD.,,DELHI vs. DCIT, NEW DELHI

In the result, the appeal filed by the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri K.N. Chary[Assessment Year: 2005-06]

reassessment proceedings u/s 147 of the Act. But the observations and findings are relevant and read as under: “The main argument of the learned counsel for the petitioner is that once the ITSC has passed a final order of settlement for an assessment year under Section 245D (4), the assessment becomes conclusive and the Assessing Officer has no jurisdiction

DCIT CIRCLE-I(LTU), NEW DELHI vs. DALMIA BHARAT SUGAR AND INDUSTRIES LTD.,, NEW DELHI

Accordingly we dispose of the matters for AY 2007-08 to 2011-12 for the same reasons as under :- i. Thus, For AY 2007-08, Ground no 1 & 2 of the appeal of the ld AO are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing)

u/s 153C rws 153A of the Act. vii. The provision of section 153C as it stood in 2014 provides as under :- Assessment of income of any other person.2 153C.3[(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

DCIT CIRCLE-1 LTU, NEW DELHI vs. DALMIA BHARAT SUGAR & INDUSTRIES LTD, NEW DELHI

Accordingly we dispose of the matters for AY 2007-08 to 2011-12 for the same reasons as under :- i. Thus, For AY 2007-08, Ground no 1 & 2 of the appeal of the ld AO are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing)

u/s 153C rws 153A of the Act. vii. The provision of section 153C as it stood in 2014 provides as under :- Assessment of income of any other person.2 153C.3[(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

DCIT CIRCLE-I(LTU), NEW DELHI vs. DALMIA BHARAT SUGAR AND INDUSTRIES LTD.,, NEW DELHI

Accordingly we dispose of the matters for AY 2007-08 to 2011-12 for the same reasons as under :- i. Thus, For AY 2007-08, Ground no 1 & 2 of the appeal of the ld AO are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing)

u/s 153C rws 153A of the Act. vii. The provision of section 153C as it stood in 2014 provides as under :- Assessment of income of any other person.2 153C.3[(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

DCIT CIRCLE-I(LTU), NEW DELHI vs. DALMIA BHARAT SUGAR AND INDUSTRIES LTD.,, NEW DELHI

Accordingly we dispose of the matters for AY 2007-08 to 2011-12 for the same reasons as under :- i. Thus, For AY 2007-08, Ground no 1 & 2 of the appeal of the ld AO are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing)

u/s 153C rws 153A of the Act. vii. The provision of section 153C as it stood in 2014 provides as under :- Assessment of income of any other person.2 153C.3[(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

DCIT CIRCLE-I(LTU), NEW DELHI vs. DALMIA BHARAT SUGAR AND INDUSTRIES LTD.,, NEW DELHI

Accordingly we dispose of the matters for AY 2007-08 to 2011-12 for the same reasons as under :- i. Thus, For AY 2007-08, Ground no 1 & 2 of the appeal of the ld AO are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing)

u/s 153C rws 153A of the Act. vii. The provision of section 153C as it stood in 2014 provides as under :- Assessment of income of any other person.2 153C.3[(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

DCIT CIRCLE-I(LTU), NEW DELHI vs. DALMIA BHARAT SUGAR AND INDUSTRIES LTD.,, NEW DELHI

Accordingly we dispose of the matters for AY 2007-08 to 2011-12 for the same reasons as under :- i. Thus, For AY 2007-08, Ground no 1 & 2 of the appeal of the ld AO are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing)

u/s 153C rws 153A of the Act. vii. The provision of section 153C as it stood in 2014 provides as under :- Assessment of income of any other person.2 153C.3[(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

ACIT, NEW DELHI vs. M/S. MAHARAJI EDUCATION TRUST, GHAZIABAD

The appeal are dismissed

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conferencing)

reassessment order under appeal. iii. Likewise in subsequent years, there is no denial of exemption u/s 11 in the Hon’ble Income Tax Settlement Commission order dt: 27.11.2015 (PB 104-133) and also acknowledgment of the fact that in para 8 to 8.3 at pages 117-118 that the registration u/s 12AA and notification under 10(23C)(vi) has been

M/S. VEDIKA NUT CRAFT PVT. LTD.,DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed for Assessment Year 2010-11

Bench: Sri R.K.Panda & Smt. Beena A Pillai

1) and not under section 234B(3). (refer para 10 and 17 of Settlement Commissioner’s order in Omaxe’s case). 7.2. Further all the other decisions which are relied upon by the appellant relates to the assessment or reassessment framed u/s 147 or 153A and not to the income computed u/s 245. 7.3. In fact, in the facts

M/S. VEDIKA NUT CRAFT PVT. LTD.,DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed for Assessment Year 2010-11

Bench: Sri R.K.Panda & Smt. Beena A Pillai

1) and not under section 234B(3). (refer para 10 and 17 of Settlement Commissioner’s order in Omaxe’s case). 7.2. Further all the other decisions which are relied upon by the appellant relates to the assessment or reassessment framed u/s 147 or 153A and not to the income computed u/s 245. 7.3. In fact, in the facts

NKG INFRASTRUCTURE LTD.,NEW DELHI vs. PR.CIT, C- 3 , NEW DELHI

In the result all the three appeals of the assessee are allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary

245D is received by the Principal Commissioner or Commissioner under sub- section (2) of that section; or xxx xxx xxx xxx xxx xxx shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in clause (a) or clause (b) of this sub-section available to the Assessing Officer for making

NKG INFRASTRUCTURE LTD.,NEW DELHI vs. PR.CIT, C- 3 , NEW DELHI

In the result all the three appeals of the assessee are allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary

245D is received by the Principal Commissioner or Commissioner under sub- section (2) of that section; or xxx xxx xxx xxx xxx xxx shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in clause (a) or clause (b) of this sub-section available to the Assessing Officer for making

NKG INFRASTRUCTURE LTD.,NEW DELHI vs. PR.CIT, C- 3 , NEW DELHI

In the result all the three appeals of the assessee are allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.Narasimha Chary

245D is received by the Principal Commissioner or Commissioner under sub- section (2) of that section; or xxx xxx xxx xxx xxx xxx shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in clause (a) or clause (b) of this sub-section available to the Assessing Officer for making

THE BANK OF TOKYO MISTUBISHI UFJ LTD.,,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri N.K. Saini & Before Mr. Bhavnesh Saini

147/- in the assessment order passed for the subject assessment year. Each of the following grounds are independent and without prejudice to the other grounds of appeal preferred by the Appellant. 1. Addition on account of interest received on External Commercial Borrowings (‘ECBs’) extended to Indian borrowers (i) That on the facts and circumstances of the case