(c) In Savesh Kumar Agarwal v. Union of India

353 ITR 26High Court2013#4305 most cited

What is (c) In Savesh Kumar Agarwal v. Union of India authority for?

A notice under section 153C can be issued even if the Assessing Officer does not find anything adverse against the assessee upon examination of account books and even if seized goods have already been released.

28

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Also referred to as

Savesh Kumar Agarwal v. Union of India · section 153C · section 153A · satisfaction note · incriminating material · undisclosed income · search and seizure · assessment procedure · Allahabad High Court

Also reported as

216 Taxmann 109

Issues it is cited on

share application moneysatisfaction notecross objectionsection 153cincriminating materialundisclosed incomesection 153section 132appeal before the tribunalsection 15personcompany

Judgments citing (c) In Savesh Kumar Agarwal v. Union of India

DCIT, CENTRAL CIRCLE , NOIDA vs. MUNNI ENTERTAINMENT P. LTD., PANCHKULA

In the result all the appeals of Revenue and 14

ITA 4954/DEL/2018[2014-15]Status: DisposedITAT Delhi04 Jan 2023AY 2014-15

Bench: Shri Anil Chaturvedi & Shri N.K Choudhry

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Sarita Kumari, Sr. DR
Section 132Section 153C

…2016) 76 taxmann.com 311 (Gujarat) 5. SSP Aviation ltd vs. DCIT (20 taxmann.com 214) 6. CIT vs Classic Enterprises (35 taxmann.com 244, 219 Taxmann 237, 358 ITR 465, 268 CTR 364) 7. Savesh Kumar Agarwal vs Union of India (35 taxmann.com 85, 216 Taxman 109, 353 ITR 26) 10 ITA.Nos.4952 to 4954/Del./2018 CO Nos.169 to 171/Del./2018 Munny Entertainment Pvt. Ltd., 6. She therefore submitted the order of the Ld. CIT(A) be set aside and the order of A.O. be upheld. 7. Ld.AR on the other hand reiterated the submissions made before A.O. and Ld. CIT(A). He further placed on record the copy of satisfaction note for…

DCIT, CENTRAL CIRCLE , NOIDA vs. MUNNI ENTERTAINMENT P. LTD., PANCHKULA

In the result all the appeals of Revenue and 14

ITA 4953/DEL/2018[2013-14]Status: DisposedITAT Delhi04 Jan 2023AY 2013-14

Bench: Shri Anil Chaturvedi & Shri N.K Choudhry

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Sarita Kumari, Sr. DR
Section 132Section 153C

…2016) 76 taxmann.com 311 (Gujarat) 5. SSP Aviation ltd vs. DCIT (20 taxmann.com 214) 6. CIT vs Classic Enterprises (35 taxmann.com 244, 219 Taxmann 237, 358 ITR 465, 268 CTR 364) 7. Savesh Kumar Agarwal vs Union of India (35 taxmann.com 85, 216 Taxman 109, 353 ITR 26) 10 ITA.Nos.4952 to 4954/Del./2018 CO Nos.169 to 171/Del./2018 Munny Entertainment Pvt. Ltd., 6. She therefore submitted the order of the Ld. CIT(A) be set aside and the order of A.O. be upheld. 7. Ld.AR on the other hand reiterated the submissions made before A.O. and Ld. CIT(A). He further placed on record the copy of satisfaction note for…

DCIT, CENTRAL CIRCLE , NOIDA vs. MUNNI ENTERTAINMENT P. LTD., PANCHKULA

In the result all the appeals of Revenue and 14

ITA 4952/DEL/2018[2011-12]Status: DisposedITAT Delhi04 Jan 2023AY 2011-12

Bench: Shri Anil Chaturvedi & Shri N.K Choudhry

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Sarita Kumari, Sr. DR
Section 132Section 153C

…2016) 76 taxmann.com 311 (Gujarat) 5. SSP Aviation ltd vs. DCIT (20 taxmann.com 214) 6. CIT vs Classic Enterprises (35 taxmann.com 244, 219 Taxmann 237, 358 ITR 465, 268 CTR 364) 7. Savesh Kumar Agarwal vs Union of India (35 taxmann.com 85, 216 Taxman 109, 353 ITR 26) 10 ITA.Nos.4952 to 4954/Del./2018 CO Nos.169 to 171/Del./2018 Munny Entertainment Pvt. Ltd., 6. She therefore submitted the order of the Ld. CIT(A) be set aside and the order of A.O. be upheld. 7. Ld.AR on the other hand reiterated the submissions made before A.O. and Ld. CIT(A). He further placed on record the copy of satisfaction note for…

ECONOMIC MEDICAL STORES ,HOOGHLY vs. JCIT, RANGE - 1, HOOGHLY, HOOGHLY

Appeal is partly allowed in above terms

ITA 118/KOL/2018[2011-12]Status: DisposedITAT Kolkata11 Dec 2019AY 2011-12

Bench: Shri P. M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.118/Kol/2018 ("नधा"रण वष" / Assessment Year: 2011-12) Economic Medical Stores Vs. Jcit, Range-I, Hooghly 23/1, Panchanantala Street, P.O & P.S. Rishra, Dist: Hooghly, Pin- 712101. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaafe8315Q (Appellant) .. (Respondent)

For Appellant: Shri Manoj Dutt, CAFor Respondent: Smt. Ranu Biswas, Sr. DR
Section 143(3)Section 194HSection 197Section 197(1)Section 40Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “A”, BENCH KOLKATA BEFORE SHRI P. M. JAGTAP, V.P & SHRI S. S. GODARA, JM आयकर अपीलसं./I.T.A No.118/Kol/2018 ("नधा"रण वष" / Assessment Year: 2011-12) Economic Medical Stores Vs. JCIT, Range-I, Hooghly 23/1, Panchanantala Street, P.O & P.S. Rishra, Dist: Hooghly, Pin- 712101. "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AAAFE8315Q (Appellant) .. (Respondent) Appellant by : Shri Manoj Dutt, CA Respondent by : Smt. Ranu Biswas, Sr. DR सुनवाईक"तार"ख/ Date of Hearing : 23/09/2019 घोषणाक"तार"ख/Date of Pronouncement :11/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This assessee’s appeal…

ACIT, NEW DELHI vs. SMT URMILA CHANDULAL PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1459/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…erned Assessing Officer, who after recording satisfaction issued notice under section 153C and completed assessment under section 153C/143(3), assessment was in accordance with law 10. Savegh Kumar Aqarwal Vs Union of India (35 taxmann.com 85. 216 Taxman 109. 353 ITR 26) where Hon’ble Allahabad High Court held that even if assessing authority receiving satisfaction note had not found any thing adverse against assessee on examination of account books, and further seized goods had already been released, notice under section 153C could still be issued to assessee to file return of income. Where bullion seized was re…

ACIT, NEW DELHI vs. KRISH PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1458/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…erned Assessing Officer, who after recording satisfaction issued notice under section 153C and completed assessment under section 153C/143(3), assessment was in accordance with law 10. Savegh Kumar Aqarwal Vs Union of India (35 taxmann.com 85. 216 Taxman 109. 353 ITR 26) where Hon’ble Allahabad High Court held that even if assessing authority receiving satisfaction note had not found any thing adverse against assessee on examination of account books, and further seized goods had already been released, notice under section 153C could still be issued to assessee to file return of income. Where bullion seized was re…

ACIT, NEW DELHI vs. PRADUMAN PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1457/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…erned Assessing Officer, who after recording satisfaction issued notice under section 153C and completed assessment under section 153C/143(3), assessment was in accordance with law 10. Savegh Kumar Aqarwal Vs Union of India (35 taxmann.com 85. 216 Taxman 109. 353 ITR 26) where Hon’ble Allahabad High Court held that even if assessing authority receiving satisfaction note had not found any thing adverse against assessee on examination of account books, and further seized goods had already been released, notice under section 153C could still be issued to assessee to file return of income. Where bullion seized was re…

ACIT, NEW DELHI vs. HIMANSHU PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1456/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…erned Assessing Officer, who after recording satisfaction issued notice under section 153C and completed assessment under section 153C/143(3), assessment was in accordance with law 10. Savegh Kumar Aqarwal Vs Union of India (35 taxmann.com 85. 216 Taxman 109. 353 ITR 26) where Hon’ble Allahabad High Court held that even if assessing authority receiving satisfaction note had not found any thing adverse against assessee on examination of account books, and further seized goods had already been released, notice under section 153C could still be issued to assessee to file return of income. Where bullion seized was re…

ACIT, NEW DELHI vs. ROHAN PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1455/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…erned Assessing Officer, who after recording satisfaction issued notice under section 153C and completed assessment under section 153C/143(3), assessment was in accordance with law 10. Savegh Kumar Aqarwal Vs Union of India (35 taxmann.com 85. 216 Taxman 109. 353 ITR 26) where Hon’ble Allahabad High Court held that even if assessing authority receiving satisfaction note had not found any thing adverse against assessee on examination of account books, and further seized goods had already been released, notice under section 153C could still be issued to assessee to file return of income. Where bullion seized was re…

M/S. M.L. SINGHI & ASSOCIATES (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

ITA 3337/DEL/2017[2008-09]Status: DisposedITAT Delhi17 Sept 2018AY 2008-09

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 3335/Del/2017 : Asstt. Year : 2006-07

For Appellant: Sh. Gautam Jain, Adv. &For Respondent: Smt. Shefali Swaroop, CIT DR
Section 153ASection 68

…hai Patel Vs CIT (2013) 31 Taxmann.com 50 (Guj.) " Rajesh Sunderdas Vaswani Vs ACIT (2016) 76 Taxmann.com 311 (Guj.) " SSP Aviation Ltd. Vs DCIT 20 Taxmann.com 214 (Del.) " CIT Vs Classic Enterprises 358 ITR 465 (All.) " Savesh Kumar Agarwal Vs Union of India 353 ITR 26 (All.) " CIT Vs Anil Kumar Bhatia 24 Taxmann.com 98 (Del.) 22. We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that a search was conducted simultaneously in the cases belonging to the Brahmaputra Group. Few of the cases related to the said group ha…

M/S. M.L. SINGHI & ASSOCIATES (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

ITA 3336/DEL/2017[2007-08]Status: DisposedITAT Delhi17 Sept 2018AY 2007-08

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 3335/Del/2017 : Asstt. Year : 2006-07

For Appellant: Sh. Gautam Jain, Adv. &For Respondent: Smt. Shefali Swaroop, CIT DR
Section 153ASection 68

…hai Patel Vs CIT (2013) 31 Taxmann.com 50 (Guj.) " Rajesh Sunderdas Vaswani Vs ACIT (2016) 76 Taxmann.com 311 (Guj.) " SSP Aviation Ltd. Vs DCIT 20 Taxmann.com 214 (Del.) " CIT Vs Classic Enterprises 358 ITR 465 (All.) " Savesh Kumar Agarwal Vs Union of India 353 ITR 26 (All.) " CIT Vs Anil Kumar Bhatia 24 Taxmann.com 98 (Del.) 22. We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that a search was conducted simultaneously in the cases belonging to the Brahmaputra Group. Few of the cases related to the said group ha…

M/S. M.L. SINGHI & ASSOCIATES (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

ITA 3335/DEL/2017[2006-07]Status: DisposedITAT Delhi17 Sept 2018AY 2006-07

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 3335/Del/2017 : Asstt. Year : 2006-07

For Appellant: Sh. Gautam Jain, Adv. &For Respondent: Smt. Shefali Swaroop, CIT DR
Section 153ASection 68

…hai Patel Vs CIT (2013) 31 Taxmann.com 50 (Guj.) " Rajesh Sunderdas Vaswani Vs ACIT (2016) 76 Taxmann.com 311 (Guj.) " SSP Aviation Ltd. Vs DCIT 20 Taxmann.com 214 (Del.) " CIT Vs Classic Enterprises 358 ITR 465 (All.) " Savesh Kumar Agarwal Vs Union of India 353 ITR 26 (All.) " CIT Vs Anil Kumar Bhatia 24 Taxmann.com 98 (Del.) 22. We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that a search was conducted simultaneously in the cases belonging to the Brahmaputra Group. Few of the cases related to the said group ha…

DCIT, NEW DELHI vs. M/S. M.N. SECURITIES PVT. LTD., NEW DELHI

In the result, the appeals of the department are dismissed

ITA 3833/DEL/2014[2006-07]Status: DisposedITAT Delhi27 Feb 2018AY 2006-07

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 3832/Del/2014 : Asstt. Year : 2005-06 Ita No. 3833/Del/2014 : Asstt. Year : 2006-07 Asstt. Commissioner Of Income Vs M/S M. N. Securities Pvt. Ltd., 8Th Floor, Statesman House, Tax, Central Circle-19, New Delhi Barakhamba Road, New Delhi-110001 (Appellant) (Respondent) Pan No. Aadcm0102D Assessee By : Sh. Shashi Tulsiyan, Adv. Revenue By : Smt. Shefali Swroop, Cit Dr Date Of Hearing : 06.02.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 25.04.2014 Of Ld. Cit(A)-Xii, New Delhi.

For Appellant: Sh. Shashi Tulsiyan, AdvFor Respondent: Smt. Shefali Swroop, CIT DR
Section 132Section 142(1)Section 143(3)Section 153CSection 68

…hai Patel Vs CIT (2013) 31 Taxmann.com 50 (Guj.) " Rajesh Sunderdas Vaswani Vs ACIT (2016) 76 Taxmann.com 311 (Guj.) " SSP Aviation Ltd. Vs DCIT 20 Taxmann.com 214 (Del.) " CIT Vs Classic Enterprises 358 ITR 465 (All.) " Savesh Kumar Agarwal Vs Union of India 353 ITR 26 (All.) " Filatex India Ltd. Vs CIT 49 Taxmann.com 465 (Del.) " CIT Vs Anil Kumar Bhatia 24 Taxmann.com 98 (Del.) " CIT, Delhi Vs M/s N. R. Portfolio Pvt. Ltd. in ITA No. 134/2012 order dated 21.12.2012 of the Hon’ble Delhi H.C. 15. In his rival submissions, the ld. Counsel for the assessee reiterated the submissions made before the authorities bel…

DCIT, NEW DELHI vs. M/S. M.N. SECURITIES PVT. LTD., NEW DELHI

In the result, the appeals of the department are dismissed

ITA 3832/DEL/2014[2005-06]Status: DisposedITAT Delhi27 Feb 2018AY 2005-06

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 3832/Del/2014 : Asstt. Year : 2005-06 Ita No. 3833/Del/2014 : Asstt. Year : 2006-07 Asstt. Commissioner Of Income Vs M/S M. N. Securities Pvt. Ltd., 8Th Floor, Statesman House, Tax, Central Circle-19, New Delhi Barakhamba Road, New Delhi-110001 (Appellant) (Respondent) Pan No. Aadcm0102D Assessee By : Sh. Shashi Tulsiyan, Adv. Revenue By : Smt. Shefali Swroop, Cit Dr Date Of Hearing : 06.02.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 25.04.2014 Of Ld. Cit(A)-Xii, New Delhi.

For Appellant: Sh. Shashi Tulsiyan, AdvFor Respondent: Smt. Shefali Swroop, CIT DR
Section 132Section 142(1)Section 143(3)Section 153CSection 68

…hai Patel Vs CIT (2013) 31 Taxmann.com 50 (Guj.) " Rajesh Sunderdas Vaswani Vs ACIT (2016) 76 Taxmann.com 311 (Guj.) " SSP Aviation Ltd. Vs DCIT 20 Taxmann.com 214 (Del.) " CIT Vs Classic Enterprises 358 ITR 465 (All.) " Savesh Kumar Agarwal Vs Union of India 353 ITR 26 (All.) " Filatex India Ltd. Vs CIT 49 Taxmann.com 465 (Del.) " CIT Vs Anil Kumar Bhatia 24 Taxmann.com 98 (Del.) " CIT, Delhi Vs M/s N. R. Portfolio Pvt. Ltd. in ITA No. 134/2012 order dated 21.12.2012 of the Hon’ble Delhi H.C. 15. In his rival submissions, the ld. Counsel for the assessee reiterated the submissions made before the authorities bel…

ADARSH KUMAR,NEW DELHI vs. DCIT, NEW DELHI

ITA 5096/DEL/2015[2010-11]Status: DisposedITAT Delhi15 Nov 2017AY 2010-11

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: Sh. Amit Goel, & Nippun Mital, CAsFor Respondent: Sh. Ms. Rachna Singh, CIT(DR)
Section 132Section 132(1)Section 153C

…d Assessing Officer, who after recording satisfaction issued notice under section 153C and completed assessment under section 153C/143(3), assessment was in accordance with law 10. Savesh Kumar Agarwal Vs Union of India (35 taxmann.com 85, 216 Taxman 109, 353 ITR 26) (Copy Enclosed) where Hon'ble Allahabad High Court held that even if assessing authority receiving satisfaction note had not found any thing adverse against assessee on examination of account books, and further seized goods had already been released, notice under section 153C could still be issued to assessee to file return of income. Where bu…

ADARSH KUMAR,NEW DELHI vs. DCIT, NEW DELHI

ITA 5095/DEL/2015[2009-10]Status: DisposedITAT Delhi15 Nov 2017AY 2009-10

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: Sh. Amit Goel, & Nippun Mital, CAsFor Respondent: Sh. Ms. Rachna Singh, CIT(DR)
Section 132Section 132(1)Section 153C

…d Assessing Officer, who after recording satisfaction issued notice under section 153C and completed assessment under section 153C/143(3), assessment was in accordance with law 10. Savesh Kumar Agarwal Vs Union of India (35 taxmann.com 85, 216 Taxman 109, 353 ITR 26) (Copy Enclosed) where Hon'ble Allahabad High Court held that even if assessing authority receiving satisfaction note had not found any thing adverse against assessee on examination of account books, and further seized goods had already been released, notice under section 153C could still be issued to assessee to file return of income. Where bu…

ASST.C.I.T., MANGALORE vs. DR. YUSUF KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

ITA 1379/BANG/2015[2010-11]Status: DisposedITAT Bangalore03 May 2017AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…jected the argument that during assessment under Section 153A additions had to be restricted or limited to incriminating material only, found during course of search. (c) In Savesh Kumar Agarwal v. Union of India [2013] 35 taxmann.com 85/216 Taxman 109 (Mag.)/353 ITR 26 (All.), the question considered was whether on receipt of satisfaction note, the Assessing Officer had not found anything adverse against the assessee and seized goods having been released in favour of the assessee, notice could be issued under Section 153C of the Act to file returns for six years. The stand of the Revenue therein was that the Ass…

ASST.C.I.T., MANGALORE vs. DR. YUSUF KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

ITA 1378/BANG/2015[2009-10]Status: DisposedITAT Bangalore03 May 2017AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…jected the argument that during assessment under Section 153A additions had to be restricted or limited to incriminating material only, found during course of search. (c) In Savesh Kumar Agarwal v. Union of India [2013] 35 taxmann.com 85/216 Taxman 109 (Mag.)/353 ITR 26 (All.), the question considered was whether on receipt of satisfaction note, the Assessing Officer had not found anything adverse against the assessee and seized goods having been released in favour of the assessee, notice could be issued under Section 153C of the Act to file returns for six years. The stand of the Revenue therein was that the Ass…

ASST.C.I.T., MANGALORE vs. DR. ALI KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

ITA 1377/BANG/2015[2010-11]Status: DisposedITAT Bangalore03 May 2017AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…jected the argument that during assessment under Section 153A additions had to be restricted or limited to incriminating material only, found during course of search. (c) In Savesh Kumar Agarwal v. Union of India [2013] 35 taxmann.com 85/216 Taxman 109 (Mag.)/353 ITR 26 (All.), the question considered was whether on receipt of satisfaction note, the Assessing Officer had not found anything adverse against the assessee and seized goods having been released in favour of the assessee, notice could be issued under Section 153C of the Act to file returns for six years. The stand of the Revenue therein was that the Ass…

ASST.C.I.T., MANGALORE vs. DR. ALI KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

ITA 1376/BANG/2015[2009-10]Status: DisposedITAT Bangalore03 May 2017AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…jected the argument that during assessment under Section 153A additions had to be restricted or limited to incriminating material only, found during course of search. (c) In Savesh Kumar Agarwal v. Union of India [2013] 35 taxmann.com 85/216 Taxman 109 (Mag.)/353 ITR 26 (All.), the question considered was whether on receipt of satisfaction note, the Assessing Officer had not found anything adverse against the assessee and seized goods having been released in favour of the assessee, notice could be issued under Section 153C of the Act to file returns for six years. The stand of the Revenue therein was that the Ass…

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