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

BSES YAMUNA POWER LTD,DELHI vs. ACIT, CIRCLE-5(1), NEW DEL;HI

The appeal of the assessee is allowed on legal issues

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

section 147 of the Income Tax Act, 1961. The AO has to apply his mind to the information, if any, collected and must form a belief thereon. In the circumstances, there is not merit in the civil appeal. The department was not entitled to reopen the assessment. 5.1.4 After formation of the belief that income has escaped assessment, the next

BSES YAMUNA POWER LTD.,NEW DELHI vs. DCIT, CIRCLE- 5(1), NEW DELHI

The appeal of the assessee is allowed on legal issues

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

section 147 of the Income Tax Act, 1961. The AO has to apply his mind to the information, if any, collected and must form a belief thereon. In the circumstances, there is not merit in the civil appeal. The department was not entitled to reopen the assessment. 5.1.4 After formation of the belief that income has escaped assessment, the next

SHARK PACKAGING (INDIA) PVT LTD,NEW DELHI vs. ITO WARD - 23(1), NEW DELHI

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

Section 147(1) it is a mandatory requirement that the Assessing Officer should have "reasons to belief" that any income chargeable to tax has escaped assessment. The reasons must be self-evident and must speak for themselves." [Pr. Commissioner of Income-tax v. G & G Pharma India Ltd 2016) 384 ITR 147 (Delhi)] (iv) Mere receipt of information from

SHARK PACKAGING (INDIA) PRIVATE LIMITED,DELHI vs. ITO,WARD-23(1), NEW DELHI

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

Section 147(1) it is a mandatory requirement that the Assessing Officer should have "reasons to belief" that any income chargeable to tax has escaped assessment. The reasons must be self-evident and must speak for themselves." [Pr. Commissioner of Income-tax v. G & G Pharma India Ltd 2016) 384 ITR 147 (Delhi)] (iv) Mere receipt of information from

SHARK PACKAGING (INDIA) PVT LTD,NEW DELHI vs. ITO WARD - 23(1), NEW DELHI

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

Section 147(1) it is a mandatory requirement that the Assessing Officer should have "reasons to belief" that any income chargeable to tax has escaped assessment. The reasons must be self-evident and must speak for themselves." [Pr. Commissioner of Income-tax v. G & G Pharma India Ltd 2016) 384 ITR 147 (Delhi)] (iv) Mere receipt of information from

ADDL. CIT, NEW DELHI vs. M/S. IRCON INTERNATIONAL LTD., NEW DELHI

In the result, the appeal of the Revenue is accordingly dismissed

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

reassessment proceedings has to be governed by the provisions of section 147 to 151 as substituted (amended) w.e.f. 01/04/1989. Still, power u/s 147 of the Act, though very wide but no plenary. We are aware that Hon’ble Gujarat High Court in Praful Chunilal Patel: Vasant Chunilal Patel vs ACIT (1999) 236 ITR 82, 840 (Guj.) even went

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

reassessment proceedings is not in accordance with law. The assessee has furnished a summary of various judgments on this issue in tabular form which are as under: S.No. Name of the case Notice Approv As per the Hon’ble issued al Court, approval by taken should have been from taken from . 1 CIT vs. SPL’s ACIT CIT JCIT/Addl

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

reassessment proceedings is not in accordance with law. The assessee has furnished a summary of various judgments on this issue in tabular form which are as under: S.No. Name of the case Notice Approv As per the Hon’ble issued al Court, approval by taken should have been from taken from . 1 CIT vs. SPL’s ACIT CIT JCIT/Addl

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

reassessment proceedings is not in accordance with law. The assessee has furnished a summary of various judgments on this issue in tabular form which are as under: S.No. Name of the case Notice Approv As per the Hon’ble issued al Court, approval by taken should have been from taken from . 1 CIT vs. SPL’s ACIT CIT JCIT/Addl

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- NOIDA, INTERNATIONAL TAXATION, NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

253) [Delhi ITAT]  E-fund IT Solutions (364 ITR 256) [Delhi High Court], confirmed by Supreme Court  Rolls Royce Plc (339 ITR 147) [Delhi High Court]  Rolls Royce Singapore (347 ITR 192) [Delhi High Court]  Hyundai Rotem Company (ITA No. 3300 to 3302/DEL/2009) [Delhi ITAT]  Galileo International (114 TTJ 289) [Delhi ITAT]  Ranbaxy Laboratories Limited (114 TTJ 1) [Delhi ITAT

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- 2(2)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

253) [Delhi ITAT]  E-fund IT Solutions (364 ITR 256) [Delhi High Court], confirmed by Supreme Court  Rolls Royce Plc (339 ITR 147) [Delhi High Court]  Rolls Royce Singapore (347 ITR 192) [Delhi High Court]  Hyundai Rotem Company (ITA No. 3300 to 3302/DEL/2009) [Delhi ITAT]  Galileo International (114 TTJ 289) [Delhi ITAT]  Ranbaxy Laboratories Limited (114 TTJ 1) [Delhi ITAT

M/S. LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT (INTERNATIONAL TAXATION), NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

253) [Delhi ITAT]  E-fund IT Solutions (364 ITR 256) [Delhi High Court], confirmed by Supreme Court  Rolls Royce Plc (339 ITR 147) [Delhi High Court]  Rolls Royce Singapore (347 ITR 192) [Delhi High Court]  Hyundai Rotem Company (ITA No. 3300 to 3302/DEL/2009) [Delhi ITAT]  Galileo International (114 TTJ 289) [Delhi ITAT]  Ranbaxy Laboratories Limited (114 TTJ 1) [Delhi ITAT

M/S BHARTIYA SAMRUDDHI FINANCE LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the Assessee is allowed

Bench: Shri R.K. Panda & Shri Mahavir Prasad

253 (SC). He further noted that assessee company has revised its return of income under section 148 for the impugned assessment year and has not submitted any documentary evidence in support of its revised return of income. Relying on the decision of Hon’ble Supreme Court in the case of CIT vs., M/s. Sun Engineering Works Pvt. Ltd., reported

JINDAL STEEL & POWER LTD.,NEW DELHI vs. PRCIT, GURUGRAM

In the result appeal of the assessee is allowed on the issue of the impugned order passed beyond the prescribed time, other issues are left open

253(1)(d) of Act, 1961. Tribunal allowed appeal partly vide order dated 08.12.2014. It confirmed addition of Rs. 61,00,79,579/ towards sales tax subsidy treating it as “revenue receipt”. Against this order petitioner filed further appeal before Honourable high court which is pending.The AO reopened assessment under Section 147 and issued notice dated 21.03.2014 under Section

SHANKER TRADEX PVT. LTD.,DELHI vs. ITO WARD 23(1), NEW DELHI

Appeal of the assessee is allowed on this issue keeping all other issues and unadjudicated

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi(Through Video Conferencing) Shanker Tradex Pvt. Ltd, Vs. Ito, 3552, 105-10, Ravi Raj Market, Chawri Ward-23(1), Bazar, New Delhi New Delhi Pan: Aaics8635G (Appellant) (Respondent)

reassessment, the proper approval u/s 151 (2) has not been taken from proper authority and therefore the original order passed u/s 147 of the act on 31 March 2015 is bad in law. He submitted that though this is the appeal against the order passed by the learned Commissioner of income tax- A in order passed by the learned assessing

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

reassessment u/s 147 r.w.s. 148 which is special mechanism for bringing to tax the income discovered in consequence of a search. Although Sec.148 (inserted w.e.f. 01.04.2021) does not begin with a non- obstante clause similar to the erstwhile section 153A, its context and Explanation- 2 makes it clear that where a search is initiated, the jurisdiction thereafter must flow through

M/S. GLOBAL TELEVENTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the 4 Appeals filed by the Assessee stand allowed

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

147, section section 149, section 151 and 148, section 149, section 151 section 153, where the and section 153, where the Assessing Officer is satisfied Assessing Officer is satisfied that any money, bullion, that any money, bullion, jewellery or other valuable jewellery or other valuable article or thing or books of article or thing or books of account or documents

M/S. GLOBAL HERITAGE VENTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the 4 Appeals filed by the Assessee stand allowed

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

147, section section 149, section 151 and 148, section 149, section 151 section 153, where the and section 153, where the Assessing Officer is satisfied Assessing Officer is satisfied that any money, bullion, that any money, bullion, jewellery or other valuable jewellery or other valuable article or thing or books of article or thing or books of account or documents