DCIT, FARIDABAD vs. M/S. SPAZE TOWER PVT. LTD., GURGAON

In the result, the appeal filed by the Revenue as well as the application filed under Rule 27 of the ITAT Rules by the assessee are dismissed

Bench: Shri O.P. Kant, Accountnat Member & Shri Kuldip Singh

68 (Delhi)(MAG.)/[2012] 253 CTR 559 (Delhi) In compliance to notice u/s 153C, assessee disclosed substantially higher income adding other sources, i.e. rent from house property and income from other sources. Hon’ble Delhi High Court held that conduct of assessees in filing returns without full particulars fell within mischief of section 271(1)(c) and they would

M/S. SPAZE TOWERS PVT. LTD.,GURGAON vs. DCIT, FARIDABAD

In the result, the appeal filed by the Revenue as well as the application filed under Rule 27 of the ITAT Rules by the assessee are dismissed

Bench: Shri O.P. Kant, Accountnat Member & Shri Kuldip Singh

68 (Delhi)(MAG.)/[2012] 253 CTR 559 (Delhi) In compliance to notice u/s 153C, assessee disclosed substantially higher income adding other sources, i.e. rent from house property and income from other sources. Hon’ble Delhi High Court held that conduct of assessees in filing returns without full particulars fell within mischief of section 271(1)(c) and they would

GE JENBACHER GMBH & CO. OHG,GURGAON vs. ACIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

ADIT, NEW DELHI vs. GE JENBACHER GMBH & CO., GURGAON

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

GE PACKAGED POWER INC.,GURGAON vs. DCIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), NEW DELHI

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

GENERAL ELECTRIC POWER SYSTEMS INC.,GURGAON vs. DCIT, CIRCLE- 1(3)(1), INTERNATIONAL TAXATION, NEW DELHI

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

GE JENBACHER GMBH & CO.,GURGAON vs. DCIT, CIRCLE- 1(3)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

GE PACKAGED POWER INC.,GURGAON vs. DCIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), NEW DELHI

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

GE JENBACHER GMBH & CO. OHG,GURGAON vs. DCIT, CIRCLE- 1(3)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

GE JENBACHER GMBH & CO. OHG,GURGAON vs. DCIT, CIRCLE- 1(3)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result, all the eight appeals are allowed for statistical purposes and all the

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present case. This appeal is accordingly dismissed.” 2.1) Ld. Counsel for assessee further drew our attention to the order

HARISH KUMAR HUF,NEW DELHI vs. DCIT, CIRCLE-34(1), NEW DELHI

In the result, the appeal filed by the Assessee stands partly allowed

Bench: Shri H.S. Sidhu & Dr. B.R.R. Kumara.Y. : 2015-16

68,077/- on account of Interest from Savings Bank account and FDR. The assessee had also claimed exemption of Rs. 19,24,70,893/- u/s. 10 of the Act. Accordingly, the total income was declared at Rs. 35,29,470/- (rounded off u/s. 288A) in the return of income. 4.2 On perusal of the ITS details, it was observed that

COMMISSIONER OF INCOME TAX vs. SMT MEERA DEVI

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

68 in Meera Devi’s case. These clearly reflected that but for the search and seizure and subsequent proceedings, the two assessees had no intention of disclosing the income and had in fact indulged in concealing their income and amounts which had to be taxed in their original returns. This omission clearly amounted to conduct that attracted Section 271

COMMISSIONER OF INCOME TAX vs. SMT MEERA DEVI

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

68 in Meera Devi’s case. These clearly reflected that but for the search and seizure and subsequent proceedings, the two assessees had no intention of disclosing the income and had in fact indulged in concealing their income and amounts which had to be taxed in their original returns. This omission clearly amounted to conduct that attracted Section 271

SURESH CHAND BANSAL,HARYANA vs. ACIT, CENTRAL CIRCLE-16 , DELHI

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

68 (Delhi) (MAG.)/[2012] 253 CTR 559 (Delhi), interpreted the applicability of Expln. 5 to Section 271[1][c] of the Income Tax Act, 1961. Where in compliance to notice u/s 153C, assessee disclosed substantially higher income adding other sources, i.e. rent from house property and income from other sources. It was held that conduct of assessees in filing

AMIT BANSAL,HARYANA vs. ACIT, CENTRAL CIRCLE-16, DELHI

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

68 (Delhi) (MAG.)/[2012] 253 CTR 559 (Delhi), interpreted the applicability of Expln. 5 to Section 271[1][c] of the Income Tax Act, 1961. Where in compliance to notice u/s 153C, assessee disclosed substantially higher income adding other sources, i.e. rent from house property and income from other sources. It was held that conduct of assessees in filing

AMIT BANSAL,HARYANA vs. ACIT CENTRAL CIRCLE-16, DELHI

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

68 (Delhi) (MAG.)/[2012] 253 CTR 559 (Delhi), interpreted the applicability of Expln. 5 to Section 271[1][c] of the Income Tax Act, 1961. Where in compliance to notice u/s 153C, assessee disclosed substantially higher income adding other sources, i.e. rent from house property and income from other sources. It was held that conduct of assessees in filing

HCL TECHNOLOGIES LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri N.K.Billaiya & Shri K.Narasimha Chary

B) of Explanation-1 are satisfied and a finding in this behalf is arrived at by the Assessing Officer, the legal fiction created thereunder would be attracted. 40. For the purpose of invoking Clause (iii) of sub-section (1) of Section 271, the expression amount of tax sought to be evaded is set out in Explanation 4. This

NEW HOLLAND TRACTORS (INDIA) PRIVATE LIMITED

68,50,000/- is taxable in the assessment year 1996-97. ITA No. 255/2003 24. By order dated 17th September, 2003, the following substantial question of law was framed:- ―Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that penalty under Section 271(1)(c) of the Income