372 (Delhi), Syed Anwar v. DCIT

146 Taxmann.com 247High Court2014#4917 most cited

What is 372 (Delhi), Syed Anwar v. DCIT authority for?

A document seized during a search operation indicating a higher consideration for a property purchase is relevant evidence for making an addition to income, even if the assessee later contests its validity.

24

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2021 to 2025.

Also referred to as

Syed Anwar v. DCIT · 146 Taxmann.com 247 · section 132 · section 153A · seized documents · property purchase · higher consideration · on-money · concealment of income · addition to income

Sections most often in play

Section 132Section 143(3)Section 153ASection 153Aa(1)(b)

Issues it is cited on

section 271aabstatement under section 132(4)retracted statementdumb documentssection 271aasection 271asection 40a(3)on-moneytnmmsection 40aconcealment of incomerevenue expenditure

Judgments citing 372 (Delhi), Syed Anwar v. DCIT

Array Land Developers P. Ltd, Chennai vs. DCIT, Central Circle- 2(2), Chennai

The appeals stand allowed

ITA 380/CHNY/2022[2017-18]Status: DisposedITAT Chennai09 Jun 2023AY 2017-18

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri R. Venkata Raman (C.A)- Ld.ARFor Respondent: Shri M.Rajan (CIT) – Ld. DR
Section 142(1)Section 143

…titled to make a pure guess and make an assessment without reference to any evidence or any material at all. There must be something more than bare suspicion to support the assessment order. Similar is the decision of same court in CIT vs. Akme Projects Ltd. (42 Taxmann.com 379) wherein it has - 25 – ITA NOS.379 TO 381/Chny/2022 Assessment Years 2015-16 to 2017-18 similarly been held that the additions made on the basis of unsigned draft agreement could not be sustained when AO had not made any investigation. The draft agreement could have been the starting point of investigation and further detailed verification…

Array Land Developers Private Limited, Chennai vs. DCIT Central Circle 2(2), Chennai

The appeals stand allowed

ITA 379/CHNY/2022[2015-2016]Status: DisposedITAT Chennai09 Jun 2023AY 2015-2016

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri R. Venkata Raman (C.A)- Ld.ARFor Respondent: Shri M.Rajan (CIT) – Ld. DR
Section 142(1)Section 143

…titled to make a pure guess and make an assessment without reference to any evidence or any material at all. There must be something more than bare suspicion to support the assessment order. Similar is the decision of same court in CIT vs. Akme Projects Ltd. (42 Taxmann.com 379) wherein it has - 25 – ITA NOS.379 TO 381/Chny/2022 Assessment Years 2015-16 to 2017-18 similarly been held that the additions made on the basis of unsigned draft agreement could not be sustained when AO had not made any investigation. The draft agreement could have been the starting point of investigation and further detailed verification…

M/S. Viraj Profiles Pvt. Ltd (Formerly Known As Viraj Profiles Ltd, Mumbai vs. DCIT Central Cir 3(2), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 691/MUM/2022[2016-17]Status: DisposedITAT Mumbai01 May 2023AY 2016-17

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 131Section 133ASection 153A

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘J’ BENCH, MUMBAI. Before Shri B.R. Baskaran (AM) & Shri Pavan Kumar Gadale (JM) I.T.A. No. 691/Mum/2022 (A.Y. 2016-17) Vs. DCIT, Circle 3(2) Viraj Profiles Limited Ground and First Floor Room No. 1923 Viraj Towers, Near Western 19th Floor Express Highway Metro Air India Building Station, Andheri East Nariman Point Mumbai-400 069. Mumbai-400 021. PAN : AABCV1740N (Appellant) (Respondent) Assessee by Shri Pratik Jain Department by Shri Manoj Kumar Date of Hearing 16.03.2023 Date of Pronouncement 01.05.2023 O R D E R PER B.R. Baskaran (AM) :- The appeal filed by t…

Deputy Commissioner of Income Tax Central Circle-3, Thane vs. Sonam Builders, Mumbai

In the result appeal filed by the revenue is hereby dismissed

ITA 2926/MUM/2019[2013-14]Status: DisposedITAT Mumbai21 Apr 2021AY 2013-14

Bench: Shri Shamim Yahya & Shri Amarjit Singhआयकर अपील सं/ I.T.A. No.2926/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) बिधम/ Dcit, Cc-3 M/S. Sonam Builders Shanti Niwas, 1St Floor Room No.10, A-Wing, Vs. 6Th Floor, Ashar I.T.Park New Golden Road No.16-Z, Wagle Nest Phase Xiii, 100 Industrial Estate, Thane(W) Ft.Road, Opp. Hanuman Mandir, Bhayander(E), Dist.Thane-401 105 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacfs3498J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Purushottam Tripuri,Cit-Dr Assessee By: Shri Vimal Punmiya, Ar सुनवाई की तारीख / Date Of Hearing: 23/02/2021 घोषणा की तारीख /Date Of Pronouncement: 21/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 28/02/2019 Passed By The Commissioner Of Income Tax (Appeals) -11, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2013- 14. 2. The Revenue Has Raised The Following Grounds: - 1. "On The Facts & Circumstances Of The Case & In Law Cit(A) Erred In Deleting The Addition Of Rs.8,17,50/- Made On Account Of Unaccounted Sales Of Car Parking Area, Not Included In The Sale Of Agreements Of The Flats. A.Y.2013-14 Ii) On The Facts & Circumstances Of The Case & In Law Cit(A) Erred In Deleting The Addition Of Rs.,50,000/- Made On Account Of Unaccounted Income On F.S.I Sale, Without Appreciating The Fact, That The Assessee Has Failed To Prove, The Sale Consideration Mentioned In The Seized Unsigned Agreement Is Not True.

For Appellant: Shri Vimal Punmiya, ARFor Respondent: Shri Purushottam Tripuri,CIT-DR
Section 132Section 143(3)Section 145Section 80GSection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER आयकर अपील सं/ I.T.A. No.2926/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) बिधम/ DCIT, CC-3 M/s. Sonam Builders Shanti Niwas, 1st Floor Room No.10, A-Wing, Vs. 6th Floor, Ashar I.T.Park New Golden Road No.16-Z, Wagle Nest Phase XIII, 100 Industrial Estate, Thane(W) Ft.Road, Opp. Hanuman Mandir, Bhayander(E), Dist.Thane-401 105 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AACFS3498J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue by: Shri Purushottam Tripuri,CIT-DR A…