VISHNU KUMAR GARG,FARIDABAD vs. DCIT CENTRAL CIRCLE-4, NEW DELHI
What did the Tribunal hold?
The Tribunal found that the seized documents indicated the assessee acted as an intermediary for payments from a financial services company to an educational society. The addition made by the AO was based on surmises and conjectures without sufficient evidence.
What were the facts?
During a search operation, documents were seized from the assessee's premises. The Assessing Officer made additions to the assessee's income based on these documents, including transactions related to payments made to an educational society. The CIT(A) granted partial relief.
What were the issues?
Whether additions made under Section 153A based on seized documents are justified when the assessee acted as an intermediary and whether the AO's rejection of the assessee's explanation was based on sufficient evidence.
Which sections of the Income-tax Act were involved?
Section 132,Section 153A,Section 153C,Section 69A,Section 69C
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Cases cited in this judgment(12)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Excel Industries Ltd.935 citing358 ITR 295 · 2013 · SC · Read judgment
- Godhra Electricity Co. Ltd. v. CIT514 citing225 ITR 746 · 1997 · SC
- CBI v. V.C. Shukla442 citing3 SCC 410 · 1998 · SC
- Vijaya Bank v. CIT392 citing323 ITR 166 · 2010 · SC · Read judgment
- Mumbai), DCIT v. Vipin Aggarwal237 citing82 ITD 85 · 2002 · ITAT
- Anantharam Veerasinghaiah & Co. v. CIT202 citing123 ITR 457 · 1980 · SC
- CIT v. Ved Prakash Choudhary95 citing305 ITR 245 · 2008 · HC · Read judgment
- CIT v. Goyal MG Gases P. Ltd.52 citing303 ITR 159 · 2008 · HC
- CIT v. Sonal Construction44 citing359 ITR 532 · 2013 · HC
- CIT v. Motor Credit Co. P. Ltd.42 citing127 ITR 572 · 1981 · HC
- Asian Paints ltd. v. DCIT31 citing225 ITR 447 · 1997 · SC
- ACIT v. Ashok Kumar Poddar9 citing16 DTR 55 · 2008 · ITAT
Income Tax Appellate Tribunal, DELHI BENCHES “F” : DELHI
Before: SHRI R.K. PANDA & Ms. SUCHITRA KAMBLE
PER R.K. PANDA, A.M.
ITA.No.9147/Del./2019 to ITA.No.9152/Del./
2019 filed by the assessee are directed against the common
order dated 30.09.2019 of the Ld. CIT(A)-23, New Delhi
relating to A.
The order continues below.
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