AddI. ITO v. T. Mudduveerappa Sons.

RISHABH STEEL SUPPLIER,GANDHIDHAM vs. DCIT, CC-1, RAJKOT, RAJKOT

In the result, all these appeals filed by the different assessees, are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकरअपीलसं./Ita No.400/Rjt/2023 Assessment Year: (2021-22)

…, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in AddI. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

PRIYANSI CORPORATION,DIST RAJKOT vs. DCIT, CC-1, RAJKOT, RAJKOT

In the result, all these appeals filed by the different assessees, are allowed for

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकर अपीलसं./Ita No.400/Rjt/2023

…n, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in Addl. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

NARENDRAKUMAR BHANWERLAL NIMBAVAT HUF,GANDHIDHAM vs. DCIT, CC-1, RAJKOT, RAJKOT

In the result, all these appeals filed by the different assessees, are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकरअपीलसं./Ita No.400/Rjt/2023 Assessment Year: (2021-22)

…, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in AddI. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

MAHAVIR IMPEX,GANDHIDHAM vs. DCIT, CC-1, RAJKOT, RAJKOT

In the result, all these appeals filed by the different assessees, are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकरअपीलसं./Ita No.400/Rjt/2023 Assessment Year: (2021-22)

…, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in AddI. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

CHAMPALAL COMPANY,GANDHIDHAM vs. DCIT, CC-1, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकर अपीलसं./Ita No.400/Rjt/2023

…n, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in Addl. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

OSWAL AGRICOMM PRIVATE LIMITED,GANDHIDHAM vs. DCIT, CC-1, RAJKOT, RAJKOT

In the result, all these appeals filed by the different assessees, are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकरअपीलसं./Ita No.400/Rjt/2023 Assessment Year: (2021-22)

…, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in AddI. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

OSWAL PETROCHEM,GANDHIDHAM vs. DCIT, CC-1, RAJKOT, RAJKOT

In the result, all these appeals filed by the different assessees, are allowed for

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकर अपीलसं./Ita No.400/Rjt/2023

…n, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in AddI. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

SHRI RAMJI HAMIR VIRDA,GANDHIDHAM vs. THE DCIT, CENTRAL CIRCLE-1, RAJKOT

In the result, all these appeals filed by the different assessees, are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha(Hybrids Hearing) आयकरअपीलसं./Ita No.400/Rjt/2023 Assessment Year: (2021-22)

…, Hon'ble Supreme Court has observed that; Loose papers seized could not be regarded as accounts within the meaning of section 90 of the Evidence Act. [Referred in AddI. ITO v. T. Mudduveerappa Sons [1993] 45 ITD 12 (Bang.)] S.P. Gramophone Co. v. CIT [1986] 158 ITR 313 (SC), wherein, it was held that An unsigned paper containing allocation of profits amongst the partners has no evidentiary value. (Referred in T. Mudduveerappa Sons (supra)) ACIT v. Ravi Agricultural Industries [2009] 117 ITD 338 (Agra) (TM). The fact of this case is that in a survey u/s. 133A the revenue authorities found certain loose papers on…

ACIT, CC, VARANASI vs. M/S VATIKA NIRMAN PVT. LTD.,, LUCKNOW

In the result, both the appeals of the revenue are dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Amit Shukla (Jm)

…BI vs. V C Shukla (1998)(3 SCC 410)(SC) (e) The AO has not examined the purported receiver of payment. No third party enquiry was made by the AO. (f) The unsigned papers does not have evidentiary value as held in S.P Gramophone Co vs. CIT (1986)(24 Taxman 507/158 ITR 313)(SC) (g) The inference drawn by the AO is based on suspicion and surmises. (h) Shri Anil Kumar Tulsiani has stated that the premium amount may be ascertained from the books of accounts. He never said that the above premium amount on purchase of FSI was actually paid in cash by the assessees herein. 9 Vatika Nirman Pvt. Ltd. & D.S. Infraheights P…

ACIT, CC,, VARANASI vs. M/S D.S. INFRAHEIGHTS PVT. LTD.,, VARANASI

In the result, both the appeals of the revenue are dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Amit Shukla (Jm)

…BI vs. V C Shukla (1998)(3 SCC 410)(SC) (e) The AO has not examined the purported receiver of payment. No third party enquiry was made by the AO. (f) The unsigned papers does not have evidentiary value as held in S.P Gramophone Co vs. CIT (1986)(24 Taxman 507/158 ITR 313)(SC) (g) The inference drawn by the AO is based on suspicion and surmises. (h) Shri Anil Kumar Tulsiani has stated that the premium amount may be ascertained from the books of accounts. He never said that the above premium amount on purchase of FSI was actually paid in cash by the assessees herein. 9 Vatika Nirman Pvt. Ltd. & D.S. Infraheights P…