295 ITR 105 (Del) CIT v. Dharam Pal Prem

Marathon Finlease Ltd., Delhi vs. ITO, New Delhi

In the result, appeal is allowed on legal grounds

Bench: Sri G.D. Agarwal, Hon’Blesri C.M.Garg

…“assessee company has introduced his own unaccounted money in its bank account by way of accommodation entries”. 8. Mr. Kapil Goel, learned counsel for the Assessee, placed reliance on other decisions of this Court including CIT v. Pradeep Kumar Gupta (2008) 303 ITR 95; the decision dated 27th March 2015 in W.P.(C) No. 5330 of 2014 (Krown Agro Foods Pvt. Ltd. v. ACIT); the decision dated 4th August 2015 in ITA No. 486 of 2015 (CIT v. Shri Govind Kripa Builders P.Ltd.) and the decision dated 24th August 2015 in ITA No. 226 of 2015 (CIT v. Ashian Needles Pvt. Ltd.) 9. The Court at the outset proposes to recapitula…

Sh. Suresh M. Bajaj, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed on legal grounds

Bench: Sri G.D. Agarwal, Hon’Blesri C.M.Gargita No. 7/Del./2013 : Asstt. Year : 2005-06

…“assessee company has introduced his own unaccounted money in its bank account by way of accommodation entries”. 8. Mr. Kapil Goel, learned counsel for the Assessee, placed reliance on other decisions of this Court including CIT v. Pradeep Kumar Gupta (2008) 303 ITR 95; the decision dated 27th March 2015 in W.P.(C) No. 5330 of 2014 (Krown Agro Foods Pvt. Ltd. v. ACIT); the decision dated 4th August 2015 in ITA No. 486 of 2015 (CIT v. Shri Govind Kripa Builders P.Ltd.) and the decision dated 24th August 2015 in ITA No. 226 of 2015 (CIT v. Ashian Needles Pvt. Ltd.) 9. The Court at the outset proposes to recapitula…

M/S Roger Enterpriese P. Ltd vs. Commissioner of Income Tax Delhi

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…natural justice, reliance was placed on the decision of the Supreme Court in Andaman Timber Industries v. Commissioner of Central Excise, Kolkata-II (2015) 62 taxmann.com 3 (SC) and of this Court in Commissioner of Income Tax v. Praveen Kumar Gupta (2008) 303 ITR 95 (Del). Reliance was also placed on the decision of the Supreme Court in Kishanchand Chellaram v. CIT (1980) 125 ITR 713 (SC). 22. Ms. Gurung, learned counsel for the Revenue, on the other hand pointed out that sufficient opportunities had been granted to the Assessee for cross- examination of the witnesses whose statements were recorded in…

ACIT, New Delhi vs. Shri Vimal Gupta, New Delhi

In the result the C.O.No

Bench: Shri J. Sudhakar Reddy & Shri Sudhanshu Srivastavaay: 2006-07 Acit, Central Circle 7 Vs. Vinod Kumar Gupta Room No.363, E 2 C 9/28, Yamuna Vihar Ara Center New Delhi 110 053 Jhandewalan Extension New Delhi Pan: Aahpg 7807 J &

…n it. He relied on the following case laws. 6: (i) Kisnichand Chellaram vs. CIT (1980) 125 ITR 713 (S.C.) (ii) Laxmnbhai S Patel vs. CIT(2008) 174 Taxman 206 (Guj.) (iii) CIT vs. Rajesh Kumar (2008) 172 Taxman 74 (Del.) (iv) CIT vs. Pradeep Kumar Gupta(2008) 303 ITR 95 (Del.) 6. The Ld.Counsel for the assessee relied on the order of the Ld.CIT(A), the written submissions made by the Ld.CIT(A) as well as that made before the Tribunal which is at pages A to G of the paper book. 6.1. In reply the Ld.DR submitted that he would produce the revised return of income filed by Mr. Mr.Jamil A Khan in support of his cont…

ACIT, New Delhi vs. Sh Vinod Kumar Gupta, New Delhi

In the result the C.O.No

Bench: Shri J. Sudhakar Reddy & Shri Sudhanshu Srivastavaay: 2006-07 Acit, Central Circle 7 Vs. Vinod Kumar Gupta Room No.363, E 2 C 9/28, Yamuna Vihar Ara Center New Delhi 110 053 Jhandewalan Extension New Delhi Pan: Aahpg 7807 J &

…n it. He relied on the following case laws. 6: (i) Kisnichand Chellaram vs. CIT (1980) 125 ITR 713 (S.C.) (ii) Laxmnbhai S Patel vs. CIT(2008) 174 Taxman 206 (Guj.) (iii) CIT vs. Rajesh Kumar (2008) 172 Taxman 74 (Del.) (iv) CIT vs. Pradeep Kumar Gupta(2008) 303 ITR 95 (Del.) 6. The Ld.Counsel for the assessee relied on the order of the Ld.CIT(A), the written submissions made by the Ld.CIT(A) as well as that made before the Tribunal which is at pages A to G of the paper book. 6.1. In reply the Ld.DR submitted that he would produce the revised return of income filed by Mr. Mr.Jamil A Khan in support of his cont…

Pr. Commissioner of Income Tax-4 vs. G & G Pharma India Ltd

The appeal is dismissed

…ITA No. 545/2015 Page 1 of 8 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 9 + ITA 545/2015 PR. COMMISSIONER OF INCOME TAX-4 ..... Appellant Through: Mr.Kamal Sawhney, Senior Standing counsel with Mr. Raghvendra Singh, Junior Standing counsel. versus G & G PHARMA INDIA LTD ..... Respondent Through: Mr. Kapil Goel, Advocate. CORAM: DR. JUSTICE S.MURALIDHAR MR. JUSTICE VIBHU BAKHRU O R D E…

Pr. Commissioner of Income Tax-4 vs. G & G Pharma India Ltd

The appeal is dismissed

…ITA No. 545/2015 Page 1 of 8 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 9 + ITA 545/2015 PR. COMMISSIONER OF INCOME TAX-4 ..... Appellant Through: Mr.Kamal Sawhney, Senior Standing counsel with Mr. Raghvendra Singh, Junior Standing counsel. versus G & G PHARMA INDIA LTD ..... Respondent Through: Mr. Kapil Goel, Advocate. CORAM: DR. JUSTICE S.MURALIDHAR MR. JUSTICE VIBHU BAKHRU O R D E…

Commissioner of Income Tax-II vs. Maf Academy P. Ltd

…IT and Ors., ITA No.110 of 2004 dated 18 - 01-2006, CIT vs. Goel Sons Golden Estate Pvt. Ltd., ITA No.212 of 2012 dated 11-04-2012 (Del), CIT vs. Expo Globe India Ltd., ITA No.1257 of 2011 dated 20 - 07-2012 (Del) and CIT vs. Sh. Pradeep Kumar Gupta (2008) 303 ITR 95 (Del). 2013:DHC:6128 ======================================================================= ITA 341/2012 Page 61 of 67 39. None of the judgments, referred to by the learned counsel for the respondent, advance the case of the respondent inasmuch as the jud…

Commissioner of Income Tax-II vs. Maf Academy P. Ltd

…IT and Ors., ITA No.110 of 2004 dated 18 - 01-2006, CIT vs. Goel Sons Golden Estate Pvt. Ltd., ITA No.212 of 2012 dated 11-04-2012 (Del), CIT vs. Expo Globe India Ltd., ITA No.1257 of 2011 dated 20 - 07-2012 (Del) and CIT vs. Sh. Pradeep Kumar Gupta (2008) 303 ITR 95 (Del). 2013:DHC:6128 ======================================================================= ITA 341/2012 Page 61 of 67 39. None of the judgments, referred to by the learned counsel for the respondent, advance the case of the respondent inasmuch as the jud…

CIT vs. Expo Globe India Ltd

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

…hand it is seen that appellant has discharged primary onus despite the fact that primary onus was upon the AO since these proceedings have been initiated u/s 147 and in view of the judgment of Hon‟ble Delhi High Court in the case of CIT vs. Pradeep Gupta 303 ITR 95. It is further noticed that in all there are 19 share applicants out of whom 17 are the companies who exist on the record of Registrar of companies. All the persons are assessed to tax. Appellant has also submitted that the amount has been refunded to all these persons in ITA-1257/2011 Page 4 subsequent years and appellant was not e…

CIT vs. Dua Auto Components Pvt Ltd

…,000/- and consequently penalty proceeding u/s 271(c) are being initiated on this point.? . . . ?? . ?? . . . 2. The order of the CIT(Appeals) refers to the judgment of this Court in the case of CIT Vs. Pradeep Gupta (2008) 303 ITR 95 and hold that the primary burden of proof was upon the AO, which has not discharged with the help of cogent material. He deleted the entire addition. . 3. Revenue preferred an appeal before the Tribunal raising the following ground : . . ?On the facts and circumstances of the case and in law, the order of the C.I.T.(A) has…

Gupta Citi Shelters Ltd vs. Commissioner of Income Tax New Delhi

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…where the officer does not do so, no inference can be drawn against the assessee, Reliance is also placed on the decision of the jurisdictional High Court i.e. Delhi High Court in Commissioner of Income Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat reopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on beha…

Infomediary India Pvt Ltd vs. Commissioner of Income Tax

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…0 of CPC and where the officer does not do so, no inference can be drawn against the as.sessee/ Reliance is also placed on the decision of the jurisdictional HighCourti.e.De|hiHighCourtinCommissionerof Iniome Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat ieopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on behalf of the appel…

CIT vs. Laxman Industrial Resources Ltd

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…0 of CPC and where the officer does not do so, no inference can be drawn against the as.sessee/ Reliance is also placed on the decision of the jurisdictional HighCourti.e.De|hiHighCourtinCommissionerof Iniome Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat ieopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on behalf of the appel…

Commissioner of Income Tax vs. Vijay Foils P.Ltd

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…0 of CPC and where the officer does not do so, no inference can be drawn against the as.sessee/ Reliance is also placed on the decision of the jurisdictional HighCourti.e.De|hiHighCourtinCommissionerof Iniome Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat ieopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on behalf of the appel…

CIT vs. Jh Finvest Pvt Ltd

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…0 of CPC and where the officer does not do so, no inference can be drawn against the as.sessee/ Reliance is also placed on the decision of the jurisdictional HighCourti.e.De|hiHighCourtinCommissionerof Iniome Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat ieopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on behalf of the appel…

Infomediary India Pvt Ltd vs. Comissioner of Income Tax

Appeals of the assessee are allowed

…0 of CPC and where the officer does not do so, no inference can be drawn against the as.sessee/ Reliance is also placed on the decision of the jurisdictional HighCourti.e.De|hiHighCourtinCommissionerof Iniome Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat ieopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on behalf of the appel…

Commissioner of Income Tax-III vs. Sham Mohan Pvt Ltd

Appeals of the assessee are allowed

…0 of CPC and where the officer does not do so, no inference can be drawn against the as.sessee/ Reliance is also placed on the decision of the jurisdictional HighCourti.e.De|hiHighCourtinCommissionerof Iniome Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat ieopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on behalf of the appel…

Gupta Citi Shelters Ltd vs. Commissioner of Income Tax New Delhi

Appeals of the assessee are allowed

…where the officer does not do so, no inference can be drawn against the assessee, Reliance is also placed on the decision of the jurisdictional High Court i.e. Delhi High Court in Commissioner of Income Tax Vs. Pradeep Kumar Gupta and Vijay Gupta (2008) 303 ITR 95 (Delhi) wherein it was held hat reopening of assessment is not permissible on mere adverse statements from others. Such statement by itself does not constitute information, unless the Assessing Officer has made enquiries thereon and inferred understatement of income. I am therefore inclined to agree with the submissions made on beha…