COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT, CIRCLE-1(2)(1), INT. TAXATION, NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

147 of the Act. The Ld. CIT (A) also held reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme

COMPUTER MODELLING GROUP LIMITED,CANADA vs. DCIT CIRCLE INTERNATIONAL TAXATION 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

147 of the Act. The Ld. CIT (A) also held reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

43A of the Act, which provisions are held to be prospective by the Hon'ble Delhi High Court in the case of Woodward Governor reported in 294 ITR 451, which decision has been further affirmed by the Hon'ble Supreme Court in the case of CIT Vs. Woordward Governor reported in 312 ITR 254 (SC). Therefore, we allow this ground

M/S GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT,, NEW DELHI

reassessment. In our view intimation passed u/s 143(1) of the Act are also equivalent to the order of assessment for certain provisions for example, powers u/s 263 of the Act can be initiated against the intimation passed by the assessing officer, as it stood at relevant times. Recently, coordinate bench of the Delhi ITAT in the case of Jindal

M/S. NBCC LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahu

147 to 151 and the notice being beyond the period of limitation, too have been decided by the first appellate authority with categorical observation that “case of the assessee was reopened by the AO u/s. 148 of the IT Act, 1961 after duly recording of the reasons. Notice u/s. 148 of the Act was issued and duly served upon

GUJARAT GUARDIAN LTD.,NEW DELHI vs. DCIT, NEW DELHI

reassessment.\nIn our view intimation passed u/s 143(1) of the Act are also\nequivalent to the order of assessment for certain provisions for\nexample, powers u/s 263 of the Act can be initiated against the\nintimation passed by the assessing officer, as it stood at relevant\ntimes. Recently, coordinate bench of the Delhi ITAT in the case of\nJindal

DCIT, NEW DELHI vs. M/S. GUJRAT GUARDIAN LTD., NEW DELHI

43A of the Act is prospective\nand applicable w.e.f. 1.4.2003.\n\n15. Ld. D.R. could not provide any adverse ruling holding\notherwise against the assessee.\n\nFinding of the Bench:\n\n16. After considering the rival submissions, we are of the view that\nthe authorities have erred in relying upon the provisions of section\n43A of the Act, which provisions

DCIT, NEW DELHI vs. M/S GUJRAT GUARDIAN LTD.,, NEW DELHI

43A of the Act is prospective\nand applicable w.e.f. 1.4.2003.\n\n15. Ld. D.R. could not provide any adverse ruling holding\notherwise against the assessee.\n\nFinding of the Bench:\n\n16. After considering the rival submissions, we are of the view that\nthe authorities have erred in relying upon the provisions of section\n43A of the Act, which provisions

ACIT, NEW DELHI vs. M/S GUJARAT GUARDIAN LTD., NEW DELHI

reassessment.\nIn our view intimation passed u/s 143(1) of the Act are also\nequivalent to the order of assessment for certain provisions for\nexample, powers u/s 263 of the Act can be initiated against the\nintimation passed by the assessing officer, as it stood at relevant\ntimes. Recently, coordinate bench of the Delhi ITAT in the case of\nJindal

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

43A of the Act is prospective\nand applicable w.e.f. 1.4.2003.\n\n15. Ld. D.R. could not provide any adverse ruling holding\notherwise against the assessee.\n\nFinding of the Bench:\n\n16. After considering the rival submissions, we are of the view that\nthe authorities have erred in relying upon the provisions of section\n43A of the Act, which provisions

SHREE CHANDI MAA MAHAKALI PRACHIN MANDIR SIDH PEETH SAMITI,SONIPAT vs. CPC, BANGLORE

reassessment.\nIn our view intimation passed u/s 143(1) of the Act are also\nequivalent to the order of assessment for certain provisions for\nexample, powers u/s 263 of the Act can be initiated against the\nintimation passed by the assessing officer, as it stood at relevant\ntimes. Recently, coordinate bench of the Delhi ITAT in the case of\nJindal

GUJRAT GUARDIAN LTD.,NEW DELHI vs. DCIT, NEW DELHI

43A of the Act is prospective\nand applicable w.e.f. 1.4.2003.\n15. Ld. D.R. could not provide any adverse ruling holding\notherwise against the assessee.\nFinding of the Bench:\n16. After considering the rival submissions, we are of the view that\nITA Nos.4859/Del/2009; ITA Nos.157 to 159,\n4791,4856 &5358/Del/2010 & ITA No.2539/Del/2017\nGujarat Guardian Ltd., New Delhi\nPage

AMADEUS GLOBAL TRAVEL DISTRIBUTION SA,SPAIN vs. ADIT, NEW DELHI

The appeal of the assessee is allowed with above direction

Bench: Shri Kuldip Singh & Shri Prashant Maharishiamadeus Global Travel Vs. Adit, Distribution Sa Circle-1(1), (Now Known As Amadeus It International Taxation, Group Sa), New Delhi Salvador De Madariaga, E- 28027, Madrid, Spain Pan: Aafca9629P (Appellant) (Respondent)

147 (1977)  Assam Small Scale Ind. Dev. Corp. Ltd. and Ors. v. J.D. Pharmaceuticals and Anr.: (2005) 13 SCC 19 (SC)  CIT vs. The Panbari Tea Co. Ltd.: 57 ITR 422 (Kar HC) The fact of the matter is that the aforesaid expenditure has been actually incurred and gone out of the coffers of the appellant and has been received