MADHYAM BUILDTECH P.LTD,NOIDA vs. DCIT, CIRCLE-16(1), NEW DELHI

In the result, the appeal of the assessee is dismissed

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

140A(3). In the circumstances, the proceeding of the Assessing Officer in the impugned order, in substance and effect in conformity with provisions of section 221 of the Act and thus, proceedings in question of the Assessing Officer cannot be held as invalid. In the decision of the Hon'ble High Court of Gujarat in the case of Principal

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 2553/Del/2013 : Asstt. Year : 1999-00 Maruti Suzuki India Ltd., Vs Commissioner Of Income Tax Plot No. 1, Nelson Mandela Road, (Appeals)-Ix, Income Tax Vasant Kunj, New Delhi-110070 Office, Laxmi Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 2641/Del/2013 : Asstt. Year : 1999-00 Dcit, Vs Maruti Suzuki India Ltd., Circle-6(1), Plot No. 1, Nelson Mandela Road, New Delhi Vasant Kunj, New Delhi-110070 (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 468/Del/2014 : Asstt. Year : 1994-95 Maruti Suzuki India Ltd., Vs Jcit(Osd), Plot No. 1, Nelson Mandela Road, Circle-6(1), Vasant Kunj, New Delhi-110070 New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q

140A. Since, there is no proviso attached to sub-Clause (b), the embargo of 10% is not applicable for calculation of interest for the refund arising out of payment of self-assessment tax. 56. Further, in this aspect, we are guided by the judgment of Tata Chemicals Ltd. 6 SCC 335 as to what the tax refund

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 2553/Del/2013 : Asstt. Year : 1999-00 Maruti Suzuki India Ltd., Vs Commissioner Of Income Tax Plot No. 1, Nelson Mandela Road, (Appeals)-Ix, Income Tax Vasant Kunj, New Delhi-110070 Office, Laxmi Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 2641/Del/2013 : Asstt. Year : 1999-00 Dcit, Vs Maruti Suzuki India Ltd., Circle-6(1), Plot No. 1, Nelson Mandela Road, New Delhi Vasant Kunj, New Delhi-110070 (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 468/Del/2014 : Asstt. Year : 1994-95 Maruti Suzuki India Ltd., Vs Jcit(Osd), Plot No. 1, Nelson Mandela Road, Circle-6(1), Vasant Kunj, New Delhi-110070 New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q

140A. Since, there is no proviso attached to sub-Clause (b), the embargo of 10% is not applicable for calculation of interest for the refund arising out of payment of self-assessment tax. 56. Further, in this aspect, we are guided by the judgment of Tata Chemicals Ltd. 6 SCC 335 as to what the tax refund

DCIT, NEW DELHI vs. M/S MARUTI SUZUKI INDIA LTD.,, NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 2553/Del/2013 : Asstt. Year : 1999-00 Maruti Suzuki India Ltd., Vs Commissioner Of Income Tax Plot No. 1, Nelson Mandela Road, (Appeals)-Ix, Income Tax Vasant Kunj, New Delhi-110070 Office, Laxmi Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 2641/Del/2013 : Asstt. Year : 1999-00 Dcit, Vs Maruti Suzuki India Ltd., Circle-6(1), Plot No. 1, Nelson Mandela Road, New Delhi Vasant Kunj, New Delhi-110070 (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 468/Del/2014 : Asstt. Year : 1994-95 Maruti Suzuki India Ltd., Vs Jcit(Osd), Plot No. 1, Nelson Mandela Road, Circle-6(1), Vasant Kunj, New Delhi-110070 New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q

140A. Since, there is no proviso attached to sub-Clause (b), the embargo of 10% is not applicable for calculation of interest for the refund arising out of payment of self-assessment tax. 56. Further, in this aspect, we are guided by the judgment of Tata Chemicals Ltd. 6 SCC 335 as to what the tax refund

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. JCIT (OSD), NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 2553/Del/2013 : Asstt. Year : 1999-00 Maruti Suzuki India Ltd., Vs Commissioner Of Income Tax Plot No. 1, Nelson Mandela Road, (Appeals)-Ix, Income Tax Vasant Kunj, New Delhi-110070 Office, Laxmi Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 2641/Del/2013 : Asstt. Year : 1999-00 Dcit, Vs Maruti Suzuki India Ltd., Circle-6(1), Plot No. 1, Nelson Mandela Road, New Delhi Vasant Kunj, New Delhi-110070 (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 468/Del/2014 : Asstt. Year : 1994-95 Maruti Suzuki India Ltd., Vs Jcit(Osd), Plot No. 1, Nelson Mandela Road, Circle-6(1), Vasant Kunj, New Delhi-110070 New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q

140A. Since, there is no proviso attached to sub-Clause (b), the embargo of 10% is not applicable for calculation of interest for the refund arising out of payment of self-assessment tax. 56. Further, in this aspect, we are guided by the judgment of Tata Chemicals Ltd. 6 SCC 335 as to what the tax refund

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal is allowed

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2007-08 Assessment Year: 2007-08 Maruti Suzuki India Ltd., Vs. Additional Cit, Plot No.1, Nelson Mandela Road, Range-6, Vasant Road, New Delhi. New Delhi. (Pan: Aaacm0829Q) (Appellant) (Respondent) Assessee By: S/Shri Ajay Vohra, Sr. Adv. Neeraj Jain, Rohit Jain, Adv. Romit Katyal & Ms. Tejasvi Jain, Cas Department By:Shri Amrendra Kumar, Cit(Dr)

68,020/- under section 14A of the Act. 6.1 That the assessing officer erred on facts and in law in proceeding to make disallowance under section 14A of the Act simply on the basis of method/ formula prescribed in Rule 8D of the I.T. Rules without appreciating that: (a) the said Rule was not at all applicable

CIT vs. ANIL KUMAR BHATIA

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

140A, 234A, 234B, 246A and 276CC to give reference to section 153A in these sections. 65.12 These amendments will take effect from June 1, 2003.” 18. A perusal of Section 153A shows that it starts with a non obstante clause relating to normal assessment procedure which is covered by Sections

CIT vs. ANIL KUMAR BHATIA

140A, 234A, 234B, 246A and 276CC to give reference to section 153A in these sections. 65.12 These amendments will take effect from June 1, 2003.” 18. A perusal of Section 153A shows that it starts with a non obstante clause relating to normal assessment procedure which is covered by Sections

NATIONAL BUILDING CONSTRUCTION CORPORATION LTD.,NEW DELHI vs. DCIT, CIRCLE- 18(1), NEW DELHI

Appeals are disposed of by this common order

Bench: Ms. Suchitra Kamblea N D Shri Prashant Maharishi

140A of the Act. “ 03. The ld AO has raised following grounds of appeal: I.T.A. No. 4165/Del/2017 - (By the Department) “ 1. Whether infacts and circumstances of the case, Ld.CIT(A) islegally justifiedin deletingdisallowance of Rs. 72,72,713/- u/s 14A of Income Tax Act 1961 (the Act) without considering legislative intend of introducing section 14A by the Finance

ADDLCIT, SPECIAL RANGE-6, NEWW DELHI vs. NATIONAL BUILDING CONSTRUCTION CORPORATION LTD., NEW DELHI

Appeals are disposed of by this common order

Bench: Ms. Suchitra Kamblea N D Shri Prashant Maharishi

140A of the Act. “ 03. The ld AO has raised following grounds of appeal: I.T.A. No. 4165/Del/2017 - (By the Department) “ 1. Whether infacts and circumstances of the case, Ld.CIT(A) islegally justifiedin deletingdisallowance of Rs. 72,72,713/- u/s 14A of Income Tax Act 1961 (the Act) without considering legislative intend of introducing section 14A by the Finance

OIL AND NATURAL GAS CORPORATION LTD.,DEHRADUN vs. DCIT, DEHRADUN

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 1434/Del/2017 : Asstt. Year : 1991-92 Oil & Natural Gas Corporation Ltd., Vs Dcit, Deputy General Manager (F&A)-Ctd, Circle-1, Corporate Tax Division, Room No. Dehradun-248001 244, Old Secretariat Building, Tel Bhawan, Dehradun-248003 (Appellant) (Respondent) Pan No. Aaaco1598A Assessee By : Sh. Ajay Vohra, Sr. Adv. Revenue By : Ms. Pramita M. Biswas, Cit Dr Date Of Hearing: 23.06.2020 Date Of Pronouncement: 28.09.2020

140A. With regard to the request of the assessee for interest on the interest portion, the AO pointed out that section 244A(1)(b) read as under: 4 Oil and Natural Gas Corporation Ltd. "In any other case, such interest shall be calculated at the rate of [one-half per cent] for every month or part of month comprised

MANOSH ASOPA,DELHI vs. ITO, WARD- 71(2), NEW DELHI

Appeal is allowed for statistical purpose in above terms

Bench: Sh. Satbeer Singh Godaramanosh Asopa, Vs. Ito, 474, A/1, 3Rd Floor, Mahalaxmi Ward-71(2), Society, Circular Road, New Delhi Shahdara, Near Ghughi Pehawalan, New Delhi (Appellant) (Respondent) Pan:Alzpa7893B Assessee By : Shri Manmohan Asopa, Adv Revenue By: Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 24/12/2024 Date Of Pronouncement 24/12/2024

Section 140A/ 147 proceedings thereby treating the assessee’s cash deposits of Rs. 13,94,500/-, as unexplained u/s 68

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

68 Taxman.com 350. In that case, the issue before the Page 36 of 59 Tribunal was regarding disallowance of discount provided to distributor on sale of prepaid cash, roaming charges and interconnect charges on account of non-deduction of tax at source under section 194H/194J of the Act. In that assessee's case for the same assessment year

PME POWER SOLUTIONS INDIA LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, NEW DELHI

In the result, both the appeal of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

68,480/- with self-assessment tax payable of Rs. 49,00,67,340/-. 05.06.2015 An Intimation order under section 143(1) the Act was received with demand payable of Rs. 42,47,54,300/-. 30.09.2015 Notice u/s 143(2) of the Act was issued to the assessee company. 29.10.2015 The AO vide order sheet entry dated 29.10.2015 asked

PME POWER SOLUTIONS INDIA LTD,NEW DELHI vs. DY. COMMISSIONER OF INCOME TAX, NEW DELHI

In the result, both the appeal of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

68,480/- with self-assessment tax payable of Rs. 49,00,67,340/-. 05.06.2015 An Intimation order under section 143(1) the Act was received with demand payable of Rs. 42,47,54,300/-. 30.09.2015 Notice u/s 143(2) of the Act was issued to the assessee company. 29.10.2015 The AO vide order sheet entry dated 29.10.2015 asked

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, the appeal of the assessee is allowed in part for statistical purposes

Bench: Shri N.K. Saini & Shri K.N. Charry

section 14A of the Act, where the assessee had sufficient surplus funds and there was no finding by the assessing officer of any direct nexus of borrowed funds with investments: ITA No.-6021/Del/2012 6.11. Lastly it is contended on behalf of the assessee that the disallowance computed under section 14A of the Act is incorrect since while

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A .No. 467/Del/2014 (A.Y 2009-10)

section 145A were not applicable as the assessment year under consideration was 1995-96. In view of the detailed discussion supra with reference to the applicability of section 145A to the year in question, there can be no escape from valuation of purchase, sale and inventories under the inclusive method. We, therefore, direct the AO to recast Profit

S. AVTAR SINGH KOCHAR,ROHTAK vs. DCIT, NEW DELHI

Appeal of the assessee is allowed for statistical purposes

Bench: Shri Prashant Maharishi & Shri K. N. Charyavtar Singh Kochar, Vs. Dcit, C/O. S. K. Bansal, Ca, Central Circle-25, 101, First Floor, Kochar Market, New Delhi Jhajjar Road, Rohtak Pan: Aeopk4447F (Appellant) (Respondent)

68,000,000 was supposed to be discharged by the assessee by adjustment of case seized of 1,21,00,000 and subsequently 5 different cheques of different amounts on different dates. The due date for the filing of the return of income for the impugned assessment year was 30/9/2011 whereas the assessee has filed his return of income