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

5A below the section 271(1)(c) of the Act is attracted in the case of the assessee being a deeming provision and thus assessee cannot escape from the liability of penalty under section 271(1)(c) of the Act. In support of the contention, the Ld. DR relied upon following decisions: 1. Saniav Aqqarwal Vs CIT f20in

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

5A below the section 271(1)(c) of the Act is attracted in the case of the assessee being a deeming provision and thus assessee cannot escape from the liability of penalty under section 271(1)(c) of the Act. In support of the contention, the Ld. DR relied upon following decisions: 1. Saniav Aqqarwal Vs CIT f20in

DCIT, NEW DELHI vs. SH. AMANDEEP SINGH SRAN, NEW DELHI

Accordingly, the appeal of the ld AO is allowed and CO of the assessee is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing) Amandeep Singh Saran, Vs. Acit, B-53, B-1, Community Centre, Central Circle-4, Janakpuri, New Delhi New Delhi Pan: Auvps5370E (Appellant) (Respondent) Dcit, Vs. Amandeep Singh Saran, Central Circle-29, 7/73, Punjabi Bagh West New Delhi Pan: Auvps5370E

68. Provision for penalty for concealment in search and seizure cases.-68.1 A new section 271AAA has also been inserted so as to provide that, in a case where search has been initiated under section 132 on or after 1st June, 2007, the assessee shall be liable to pay by way of penalty, in addition

DCIT, NEW DELHI vs. SH. HARMENDER SINGH SRAN, NEW DELHI

Accordingly, the appeal of the ld AO is allowed and CO of the assessee is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing) Amandeep Singh Saran, Vs. Acit, B-53, B-1, Community Centre, Central Circle-4, Janakpuri, New Delhi New Delhi Pan: Auvps5370E (Appellant) (Respondent) Dcit, Vs. Amandeep Singh Saran, Central Circle-29, 7/73, Punjabi Bagh West New Delhi Pan: Auvps5370E

68. Provision for penalty for concealment in search and seizure cases.-68.1 A new section 271AAA has also been inserted so as to provide that, in a case where search has been initiated under section 132 on or after 1st June, 2007, the assessee shall be liable to pay by way of penalty, in addition

M/S. NARSI IRON AND STEEL PVT. LTD.,UTTAR PRADESH vs. DCIT, NEW DELHI

In the result, the appeal is dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahu

68. Provision for penalty for concealment in search and seizure cases.-68.1 A new section 271AAA has also been inserted so as to provide that, in a case where search has been initiated under section 132 on or after 1st June, 2007, the assessee shall be liable to pay by way of penalty, in addition

PR. COMMISSIONER OF INCOME TAX -7 vs. SUMITOMO CORPORATION INDIA (P) LTD.

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

Section 144C of the Act refers to the Dispute Resolution Panel. Sub-section (1) of section 144C provides that in case of an eligible assessee, the Assessing Officer shall notwithstanding anything to the contrary contained in the Act forward a draft of the proposed order of assessment to the assessee if he proposes to make

THE PR. COMMISSIONER OF INCOME TAX -6 vs. MICROSOFT INDIA ( R & D) PVT. LTD.

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

Section 144C of the Act refers to the Dispute Resolution Panel. Sub-section (1) of section 144C provides that in case of an eligible assessee, the Assessing Officer shall notwithstanding anything to the contrary contained in the Act forward a draft of the proposed order of assessment to the assessee if he proposes to make

THE PR. COMMISSIONER OF INCOME TAX -6 vs. MARUTI SUZUKI INDIA LTD.

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

Section 144C of the Act refers to the Dispute Resolution Panel. Sub-section (1) of section 144C provides that in case of an eligible assessee, the Assessing Officer shall notwithstanding anything to the contrary contained in the Act forward a draft of the proposed order of assessment to the assessee if he proposes to make

SH. KRISHAN KUMAR MODI,NEW DELHI vs. ACIT, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

SH. KRISHAN KUMAR MODI,NEW DELHI vs. ACIT, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

ACIT, CC- 26, , NEW DELHI vs. KRISHAN KUMAR MODI, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

ACIT, CC- 26, , NEW DELHI vs. KRISHAN KUMAR MODI, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

ACIT, CC- 26, , NEW DELHI vs. KRISHAN KUMAR MODI, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

SH. KRISHAN KUMAR MODI,NEW DELHI vs. ACIT, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

ACIT, CC- 26, , NEW DELHI vs. KRISHAN KUMAR MODI, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

ACIT, CC- 26, , NEW DELHI vs. KRISHAN KUMAR MODI, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

ACIT, CC- 26, , NEW DELHI vs. KRISHAN KUMAR MODI, NEW DELHI

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

5A under section 271(1)(c) of the Act, subject to there being no penalty and/or prosecution under the provisions of the Act.” 2.3 Subsequently, pursuant to search under section 132 of the Act, proceedings under section 153A of the Act were initiated by the assessing officer vide separate notices dated 2.11.2012 for assessment years

AGSON GLOBAL PVT. LTD,DELHI vs. ACIT CENTRAL CIRCLE-28, NEW DELHI

Appeals of the assessee are partly allowed and 6 appeals of the ld AO are dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

68 of the Act. 5a That section 2451 of the Act makes the order of the Settlement Commission under section 245D (4

ACIT, CENTRAL CIRCLE- 28 , NEW DELHI vs. AGSON GLOBAL PVT. LTD., DELHI

Appeals of the assessee are partly allowed and 6 appeals of the ld AO are dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

68 of the Act. 5a That section 2451 of the Act makes the order of the Settlement Commission under section 245D (4