IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘D’ NEW DELHI)

BEFORE S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER ITA No. 4055/Del/2015 (A.Y. 2010-11) ITA No. 4056/Del/2015 (A.Y. 2011-12)

DCIT Vs Bennett Williamson Engineers Ltd.

Central Circle-19, C/o Sandeep Chilana, Adv.

Room No. 362, ARA Chilana & Chilana Law Offices, Centre, E-2, Advocate for the respondent, C-56, Jhandewalan LGF, Jangpura Extension, Extension, New Delhi-110014 New Delhi PAN: AAFCB9088F Appellant Respondent C.O No. 391/Del/2015 (in ITA No. 4056/Del/2015)

C.O No. 32/Del/2016 (in ITA No. 4055/Del/2015)

Bennett Williamson Engineers Ltd. Vs DCIT, Central Circle- C/o Sandeep Chilana, Adv. 19, Room No. 362, Chilana & Chilana Law Offices, ARA Centre, E-2, Advocate for the respondent, C-56, Jhandewalan LGF, Jangpura Extension, Extension, New Delhi New Delhi-110014 PAN: AAFCB9088F Appellant Respondent Assessee by Sh. Amit Goel, CA, Sh. Pranav Yadav, Adv, , Sh. Mohit Jain, CA, Sh. Sandeep Chilana, Adv & Ms. Anjali Jain, Adv.

Revenue by Sh. M. S. Nethrapal, CIT, DR Date of Hearing 20/08/2025 Date of Pronouncement 19/09/2025 ORDER PER YOGESH KUMAR, U.S. JM:

The above two appeals and two Cross Objections are filed by the Revenue and the Assessee respectively, pertaining to Assessment Years2010-11& 2011-12, wherein both the parties have assailed the orders of Commissioner of Income Tax (Appeals)-XXVII, (‘Ld. CIT(A)’

for short)New Delhi dated 25.03.2015.

2. The Revenue have raised identical grounds of Appeal in both the appeals, for the sake convenience the grounds of appeal of A.Y. 2010-

11 are reproduced as under:

“1. The Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in holding that there is merit in the contention of the appellant regarding the unlawful initiation of proceedings u/s 153C of Income Tax Act.

2. The Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in holding that assessee company is not resident in terms of provisions under section 6(3)(ii) of the 1.T. Act for the purpose of tax liability whereas on the basis of seized documents/e-mails and various statements of Sh. Ajay Kalsi/Sh. Anil Aggarwal, it has been established that control and management of the assessee company is situated wholly in India.

3. The Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in ignoring that underlying assets and sources of revenue of all the overseas companies are the Indian Companies.

4. The Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in ignoring the substantial evidence in form of seized material, E-mails, Share Holding pattern showing the ultimate control and management of Indian companies and overseas companies lies with Sh. Ajay Kalsi and Smt. Mala Kalsi, who have created different verticals of corporate veil under them to avoid taxability in India.

5. The Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in ignoring the provisions of section 9(1) of the I.T. Act as the revenue has been earned because of underlying assets of the assessee wholly and totally situated in India.

6. The Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in deleting) the addition of Rs.4,93,04,936/-made by Assessing Officer.

7. (a) The order of the Ld. CIT (Appeals) is erroneous and not tenable in law and on facts.

(b) The appellant craves leave to add, alter or amend any/all of the grounds of appeal before or during the course of the hearing of the appeal.”

3. The grounds of the Cross Objection in CO for A.Y. 2010-11is as under:-

“1. That on the facts and circumstances of the case, the DCIT has erred, both on facts and in law, in assuming jurisdiction to assess the income of the appellant. The assumption of jurisdiction over the appellant by DCIT and/or any other Income Tax Authority is totally illegal.

2. That on the facts and circumstances of the case, the notice issued by learned DCIT unde