1. Pr. CIT v. M/s. Dreamcity Buildwell Pvt. Ltd.

ACIT, CENTRAL CIRCLE-2, GURGAON vs. AKANSHA FASHION, NEW DELHI

In the result, appeals are dismissed

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

…proprietary concern of the assessee. Thus, he submitted, learned first appellate authority was justified in deleting the additions. In support of such contention, he relied upon the following decisions: 1. Pr. CIT Vs. M/s. Dreamcity Buildwell Pvt. Ltd. (2019) 417 ITR 617 (Del) 2. Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (2017) 397 ITR 400 (Del.) 3. CIT & Ors. Vs. Renu Construction Pvt. ltd. & Ors. (2017) 399 ITR 262 (Del). 4. Orient Craft Ltd. Vs. DCIT, ITA Nos.3310/2019 and 5037/2019, dated 24.09.2021 for AY 2013-14 (Del) 5. Orient Craft Ltd. Vs. DCIT, ITA Nos. 3311/2019 and 5038/2019, dated 24.09.2021 for AY 2014-15…

DCIT CENTRAL CIRCLE-01, DELHI vs. DL HEERA BHAI JEWELLERY ARCADE PVT. LTD. , DELHI

Bench: SHRI SAKTIJIT DEY, VICE PRESIDENT [AS (Third Member)

…ines International Limited v. ACIT ITA No.203/Del/2021 (Del.Trib.) (v) Anil Kumar Gopikishan Agrawal v. ACIT [2019] 418 ITR 25 (Guj. HC) (vi) Canyon Financial Services Ltd. v. ITO [2017] 399 ITR 202 (Del. HC) (vii) PCIT v. Dreamcity Buildwell (P.) Ltd. [2019] 417 ITR 617 (Del. HC) (viii) Shri Vinod Kumar v. DCIT, ITA No.2526/Del/2017 (Del. Trib.) (ix) Shri Sanjay Thakur v. DCIT, ITA No.3559/Del/2015 (Del. Trib.) (x) Mikado Realtors P. Ltd. v. PCIT, ITA No.50/Del/2021 (Del.Trib.) (xi) M/s. BNB Investment & Properties Ltd. v. DCIT, (xii) M/s Ambawatta Buildwell Pvt. Ltd. v. DCIT, ITA No.2592/Del/2015 (Del. Trib.) (…

DL HEERA BHAI JEWELLERY ARCADE PVT. LTD. ,DELHI vs. ACIT CENTRAL CIRCLE-1, NEW DELHI

Bench: SHRI SAKTIJIT DEY, VICE PRESIDENT [AS (Third Member)

…ines International Limited v. ACIT ITA No.203/Del/2021 (Del.Trib.) (v) Anil Kumar Gopikishan Agrawal v. ACIT [2019] 418 ITR 25 (Guj. HC) (vi) Canyon Financial Services Ltd. v. ITO [2017] 399 ITR 202 (Del. HC) (vii) PCIT v. Dreamcity Buildwell (P.) Ltd. [2019] 417 ITR 617 (Del. HC) (viii) Shri Vinod Kumar v. DCIT, ITA No.2526/Del/2017 (Del. Trib.) (ix) Shri Sanjay Thakur v. DCIT, ITA No.3559/Del/2015 (Del. Trib.) (x) Mikado Realtors P. Ltd. v. PCIT, ITA No.50/Del/2021 (Del.Trib.) (xi) M/s. BNB Investment & Properties Ltd. v. DCIT, (xii) M/s Ambawatta Buildwell Pvt. Ltd. v. DCIT, ITA No.2592/Del/2015 (Del. Trib.) (…

ACIT, CENTRAL CIRCLE-II, GURGAON vs. SANJAY JINDAL, DELHI

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

…rietary concern of the assessee. Thus, he submitted, learned first appellate authority was justified in deleting the additions. In support of such contention, he relied upon the following decisions: 1. Pr. CIT Vs. M/s. Dreamcity Buildwell Pvt. Ltd. (2019) 417 ITR 617 (Del) 2. Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (2017) 397 ITR 400 (Del.) 3. CIT & Ors. Vs. Renu Construction Pvt. ltd. & Ors. (2017) 399 ITR 262 (Del). 9 | P a g e ITA Nos.8511 to 8516 /Del/2019 & C.O. Nos.17 to 22/Del/2020 AY: 2011-12 to 2016-17 4. Orient Craft Ltd. Vs. DCIT, ITA Nos.3310/2019 and 5037/2019, dated 24.09.2021 for AY 2013-14 (D…

ACIT, CENTRAL CIRCLE-II, GURGAON vs. SANJAY JINDAL, DELHI

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

…rietary concern of the assessee. Thus, he submitted, learned first appellate authority was justified in deleting the additions. In support of such contention, he relied upon the following decisions: 1. Pr. CIT Vs. M/s. Dreamcity Buildwell Pvt. Ltd. (2019) 417 ITR 617 (Del) 2. Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (2017) 397 ITR 400 (Del.) 3. CIT & Ors. Vs. Renu Construction Pvt. ltd. & Ors. (2017) 399 ITR 262 (Del). 9 | P a g e ITA Nos.8511 to 8516 /Del/2019 & C.O. Nos.17 to 22/Del/2020 AY: 2011-12 to 2016-17 4. Orient Craft Ltd. Vs. DCIT, ITA Nos.3310/2019 and 5037/2019, dated 24.09.2021 for AY 2013-14 (D…

ACIT, CENTRAL CIRCLE-II, GURGAON vs. SANJAY JINDAL, DELHI

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

…rietary concern of the assessee. Thus, he submitted, learned first appellate authority was justified in deleting the additions. In support of such contention, he relied upon the following decisions: 1. Pr. CIT Vs. M/s. Dreamcity Buildwell Pvt. Ltd. (2019) 417 ITR 617 (Del) 2. Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (2017) 397 ITR 400 (Del.) 3. CIT & Ors. Vs. Renu Construction Pvt. ltd. & Ors. (2017) 399 ITR 262 (Del). 9 | P a g e ITA Nos.8511 to 8516 /Del/2019 & C.O. Nos.17 to 22/Del/2020 AY: 2011-12 to 2016-17 4. Orient Craft Ltd. Vs. DCIT, ITA Nos.3310/2019 and 5037/2019, dated 24.09.2021 for AY 2013-14 (D…

ACIT, CENTRAL CIRCLE-II, GURGAON vs. SANJAY JINDAL, DELHI

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

…rietary concern of the assessee. Thus, he submitted, learned first appellate authority was justified in deleting the additions. In support of such contention, he relied upon the following decisions: 1. Pr. CIT Vs. M/s. Dreamcity Buildwell Pvt. Ltd. (2019) 417 ITR 617 (Del) 2. Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (2017) 397 ITR 400 (Del.) 3. CIT & Ors. Vs. Renu Construction Pvt. ltd. & Ors. (2017) 399 ITR 262 (Del). 9 | P a g e ITA Nos.8511 to 8516 /Del/2019 & C.O. Nos.17 to 22/Del/2020 AY: 2011-12 to 2016-17 4. Orient Craft Ltd. Vs. DCIT, ITA Nos.3310/2019 and 5037/2019, dated 24.09.2021 for AY 2013-14 (D…

ACIT, CENTRAL CIRCLE-II, GURGAON vs. SANJAY JINDAL, DELHI

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

…rietary concern of the assessee. Thus, he submitted, learned first appellate authority was justified in deleting the additions. In support of such contention, he relied upon the following decisions: 1. Pr. CIT Vs. M/s. Dreamcity Buildwell Pvt. Ltd. (2019) 417 ITR 617 (Del) 2. Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (2017) 397 ITR 400 (Del.) 3. CIT & Ors. Vs. Renu Construction Pvt. ltd. & Ors. (2017) 399 ITR 262 (Del). 9 | P a g e ITA Nos.8511 to 8516 /Del/2019 & C.O. Nos.17 to 22/Del/2020 AY: 2011-12 to 2016-17 4. Orient Craft Ltd. Vs. DCIT, ITA Nos.3310/2019 and 5037/2019, dated 24.09.2021 for AY 2013-14 (D…

ACIT, CENTRAL CIRCLE-II, GURGAON vs. SANJAY JINDAL, DELHI

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

…rietary concern of the assessee. Thus, he submitted, learned first appellate authority was justified in deleting the additions. In support of such contention, he relied upon the following decisions: 1. Pr. CIT Vs. M/s. Dreamcity Buildwell Pvt. Ltd. (2019) 417 ITR 617 (Del) 2. Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (2017) 397 ITR 400 (Del.) 3. CIT & Ors. Vs. Renu Construction Pvt. ltd. & Ors. (2017) 399 ITR 262 (Del). 9 | P a g e ITA Nos.8511 to 8516 /Del/2019 & C.O. Nos.17 to 22/Del/2020 AY: 2011-12 to 2016-17 4. Orient Craft Ltd. Vs. DCIT, ITA Nos.3310/2019 and 5037/2019, dated 24.09.2021 for AY 2013-14 (D…

SHREE GOPAL LANDCRAFT P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, the appeals of the assessee are allowed in the manner as indicated above

Bench: Shri Chandra Mohan Garg & Girish Agrawal

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

SHREE GOPAL LANDCRAFT P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, the appeals of the assessee are allowed in the manner as indicated above

Bench: Shri Chandra Mohan Garg & Girish Agrawal

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

SHREE GOPAL LANDCRAFT P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, the appeals of the assessee are allowed in the manner as indicated above

Bench: Shri Chandra Mohan Garg & Girish Agrawal

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

SHREE GOPAL LANDCRAFT (P) LTD.,DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, the appeals of the assessee are allowed in the manner as indicated above

Bench: Shri Chandra Mohan Garg & Girish Agrawal

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

SHREE GOPAL LANDCRAFT (P) LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, the appeals of the assessee are allowed in the manner as indicated above

Bench: Shri Chandra Mohan Garg & Girish Agrawal

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

KIRTIMAAN BUILDTECH PRIVATE LIMITED,NEW DELHI vs. DCIT, CC-16, NEW DELHI, JHANDEWALAN EXTN.

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2014-15 Kirtimaan Buildtech P. Ltd., The Dcit, Central Circle 16, New Delhi 130, Avtar Enclave, Pashim Vihar, New Delhi 110063 Vs. Pan Aadck 5559 N (Appellant) (Respondent) For Assessee: Shri R.K Gupta, Ca For Revenue : Mr. Waseem Arshad, Cit(Dr) Date Of Hearing : 10.08.2023 Date Of Pronouncement : 30.08.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Cit(A)-28, New Delhi Dated 26.12.2022 For A.Y. 2014-15. Application Of Assessee Seeking Additional Grounds. 2. The Ld. Assessee Representative (Ar) Submitted Written Submissions/Application To Support Legal Contention & Seeking Admission Of Additional Grounds Of Assessee Wherein It Has Been Stated That The Legal Grounds Are Pure Legal Issues Which Goes To The Root Of The Matter & All Material Facts & Documents Are Already Available On Record For Adjudication Of Legal Additional Grounds. The Ld. Ar Placed Reliance On The Judgment Of Hon’Ble Supreme Court In The Case Of Cit Vs. Sinhgad Technical Education Society 398 Itr 344 (Sc) & Gedore Tools Pvt. Ltd. 238 Itr 268 (Del.)

…the Act. • CIT v RRJ Securities Ltd. (supra) (DHC) • ARN Infrastructure India Ltd v ACIT 394 ITR 569 (Del.) • MIKADOREALTORS P. LTD. VERSUS PR. CIT (CENTRAL) GURUGRAM. 2021 (5)TMI 722 - ITAT DELHI I.T.A. No.50/DEL/2021 • PCIT vs. Dreameity Buildwell (P) Ltd. 417 ITR 617 (Del) 4 Memorandum explaining the said amendment to the Finance Bill (it provides that the amended provisions of Sec.l53C(l) shall be applicable only in case of searched on or after 01.04.17. 6. In addition to above submissions the ld. AR also placed reliance on the judgment of Hon’ble Jurisdictional High Court of Delhi in the case of PCIT vs. S…

ACIT, CENTRAL CIRCLE-2, NEW DELHI vs. OPAL BUILDWELL P.LTD, DELHI

Accordingly notice was issued on 18.10.2016. Thus, there is no substance in the grounds raised and the same are decided against the Revenue. The appeal of Revenue is dismissed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaacit, Vs. M/S. Opal Buildwell P. Ltd. Central Circle-2 (Formerly Namo Resorts Pvt. New Delhi Ltd.) 445, Kucha Baijnath, Chandni Chowk, Delhi Pan : Aabcn9757H (Appellant) (Respondent)

…Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. Opal Buildwell P. Ltd. 18 ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

DCIT CIRCLE-05, NEW DELHI vs. KARINA AIRLINES INTERNATIONAL LIMITED, NEW DELHI

In the result, the appeal is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2011-12

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

M/S. GREAT VALUE INFRA PROMOTERS PVT. LTD.,MEERUT vs. ACIT, MEERUT

In the result, the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

…ation. Therefore, it cannot be a party to the said receipt cum agreement dated 28.03.2009. 14. Strong reliance was placed on the decision of the Hon'ble Supreme Court in the case of Singhad Technical Education Society 397 ITR 344, Dreamcit Buildwell Pvt Ltd 417 ITR 617 of the Hon'ble High Court of Delhi and also in the case of Ankit Gupta ITA No. 41/2017 dated 05.09.2017. 15. Per contra, the ld. DR stated that since subsequently the property was purchased by the assessee, therefore, it can be safely concluded that the impugned documents belonged to the assessee and there is no error or infirmity in applicati…

DCIT CIRCLE- 05, NEW DELHI vs. OJJUS MEDICARE PRIVATE LIMITED, NEW DELHI

In the result, the appeal of the assessee is allowed, as indicated above

Bench: Shri C.M. Garg & Shri Anadee Nath Misshraassessment Year: 2012-13 Ojjus Medicare Private Limited, Vs. Acit, No.11, Gali No.5, Block-A, Circle-05, West Karawal Nagar, New Delhi. New Delhi – 110 094. Pan: Aabch6207Q Assessment Year: 2012-13

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…

OJJUS MEDICARE PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE- 05, NEW DELHI

In the result, the appeal of the assessee is allowed, as indicated above

Bench: Shri C.M. Garg & Shri Anadee Nath Misshraassessment Year: 2012-13 Ojjus Medicare Private Limited, Vs. Acit, No.11, Gali No.5, Block-A, Circle-05, West Karawal Nagar, New Delhi. New Delhi – 110 094. Pan: Aabch6207Q Assessment Year: 2012-13

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In 14 the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought a…