Chhugamal Rajpal v. S.P. Chaliha

Shree Shyam Khatu Investments Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result the appeal filed by the assessee is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastava

…e Act as under:- “9. The Court at the outset proposes to recapitulate the jurisdictional requirement for reopening of the assessment under Section 147/148 of the Act by referring to two decisions of the Supreme Court. In Chhugamal Rajpal v. SP Chaliha (1971) 79 ITR 603, the Supreme I.T.A. No. 4810/D/2010 Assessment Year 2001-02 Court was dealing with a case where the AO had received certain communications from the Commissioner of Income Tax showing that the alleged creditors of the Assessee were “name-lenders and the transactions are bogus.” The AO came to the conclusion that there were reasons to believe that…

Sh. Ashok Arora, New Delhi vs. ITO, New Delhi

Bench: Shri N.K. Saini & Shri Kuldip Singh

…7 of the I.T. Act, 1961 is required to be taken.” 8. Hon’ble Supreme Court decided the identical issue as to the validity of the notice issued u/s 147 of the Act for reopening of the assessment in the case entitled Chhugamal Rajpal vs. S.P. Chaliha – (1971) 79 ITR 603 by returning the following findings:- “The Supreme Court was dealing with a case where the AO had received certain communications from the Commissioner of Income Tax showing that the alleged creditors of the Assessee were “name-lenders and the transactions are bogus.” The AO came to the conclusion that there were reasons to believe that income of…

M/S Anupam Tower Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri N.K. Saini & Shri Kuldip Singh

…ee has been provided with accommodation entry to the tune of Rs.15,00,000/- by a shell company/concern floated by S.K. Gupta?. 10. Identical issue has come up before the Hon’ble Supreme Court in judgment cited as Chhugamal Rajpal vs. S.P. Chaliha – (1971) 79 ITR 603, wherein it is held as under :- “The Supreme Court was dealing with a case where the AO had received certain communications from the Commissioner of Income Tax showing that the alleged creditors of the Assessee were “name-lenders and the transactions are bogus.” The AO came to the conclusion that there were reasons to believe that income of the A…

ITO, New Delhi vs. M/S Care Traders Pvt. Ltd., New Delhi

In the result Revenue’s appeal as well as assessee’s Cross Objection both are dismissed

Bench: Shri J. Sudhakar Reddy & Ms. Suchitra Kamblea.Y. 2004-05

…not the same as recording of reasons to believe for issuing a notice. The Assessing Officer has clearly substituted form for substance and, therefore, the action of the respondent falls foul of the law laid down by the Supreme Court in Chhugamal Rajpal (1971) 79 ITR 603 which is clearly applicable to the facts of these appeals.” 15. As it appears from the reading of provisions of section 147 and the cases on bogus entry, it is evident that there is no doubt that there was an allegation of the assessee obtaining the bogus/accommodation entries. However, it is crystal clear that the satisfaction note, as recorded,…

ACIT, New Delhi vs. M/S. Gulshan International (P) Ltd., New Delhi

Bench: Shri I.C. Sudhir & Shri O.P. Kant Assessment Year: 2003-04 Acit, Vs. Gulshan International (P) Ltd., Circle-12(1), B-20/1, Wazirpur International New Delhi. Area, Phase-Ii, New Delhi. (Pan: Aabcg1201H) (Appellant) (Respondent) Assessee By: S/Shri Satyen Sethi & A. Pandu, Adv. Department By: Shri T. Vasudevan, Sr. Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement: 22:04.2016 Order Per I.C. Sudhir:The Revenue Has Questioned First Appellate Order Raising The Issue As To Whether The Learned Cit(Appeals) Was Correct In Deleting The Addition Of Rs.40,02,780 Made By The Assessing Officer Under Sec. 68 Of The Income-Tax Act, 1961 Treating The Share Application Money As Unexplained Cash Credits.

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH “C” NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI O.P. KANT Assessment Year: 2003-04 ACIT, vs. Gulshan International (P) Ltd., Circle-12(1), B-20/1, Wazirpur International New Delhi. Area, Phase-II, New Delhi. (PAN: AABCG1201H) (Appellant) (Respondent) Assessee by: S/Shri Satyen Sethi & A. Pandu, Adv. Department by: Shri T. Vasudevan, Sr. DR Date of hearing : 27.01.2016 Date of pronouncement: 22:04.2016 ORDER PER I.C. SUDHIR: JUDICIAL MEMBER The Revenue has questioned first appellate order raising the issue as to whether the Learned CIT(Appeals) was correct in delet…

ITO, New Delhi vs. M/S G.A. Buildcon Pvt. Ltd., Delhi

In the result, the Assessee’s Cross Objection stands allowed and

Bench: Shri H.S. Sidhu & Shri J.S. Reddyassessment Year: 2000-01 Income Tax Officer, Vs. M/S Ga Buildcon Private Ward 12(1), Cr Building, Ltd., Room No. 205, Wadhwa New Delhi Complex, Laxmi Nagar, Delhi-92 (Pan: Aaacg9109R) (Appellant) (Respondent) & Cross Objection No. 42/Del/2014 (In Ita No. 5311/Del/2013) Assessment Year: 2000-01 M/S Ga Buildcon Private Limited, Vs. Income Tax Officer, C/O Rra Taxindia, Ward 12(1), New Delhi D-28, South Extension, Part-I, New Delhi – 49 (Appellant) (Respondent) Department By : Sh. T. Vasanthan, Sr. Dr Respondent By : Dr. Rakesh Gupta, Adv., Mr. Somil Aggarwal, Adv. & Sh. Abhishek Anand, Adv.

…ct Sales Pvt. Ltd. vs. ITO in ITA No. 3545/Del/2010 and CO No. 138/Del/2010, Delhi ‘B’ Bench, ITAT. f) Sh. Amarlal Bajaj vs. ACIT & ACIT vs. Amarlal Bajaj decided in & CO 534/Mum/2004 of ITAT, ‘E’ Bench, Mumbai. g) Chhugamal Rajpal vs. SP Chaliha & Ors. 79 ITR 603 (SC) In view of above, he requested that reopening the impugned assessment u/s. 147 is bad in law and against the facts and circumstances of the case and needs to be quashed. 8. On the contrary, Ld. DR relied upon the order passed by the CIT(A) on the issue of validity of reopening and stated that Ld. CIT(A) has rightly upheld the action of…

Shraddha Jain, Delhi vs. ITO, New Delhi

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

Bench: Sri G.D. Agarwal, Hon’Blesri C.M.Gargita No. 3280/Del. 2015 : Asstt. Year : 2004-05

…Needles Pvt. Ltd.) 9. The Court at the outset proposes to recapitulate the jurisdictional requirement for reopening of the assessment under Section 147/148 of the Act by referring to two decisions of the Supreme Court. In Chhugamal Rajpal v. SP Chaliha (1971) 79 ITR 603, the Supreme Court was dealing with a case where the AO had received certain communications from the Commissioner of Income Tax showing that the alleged creditors of the Assessee were “name- lenders and the transactions are bogus.” The AO came to the conclusion that there were reasons to believe that income of the Assessee had escaped assessment.…

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

…Needles Pvt. Ltd.) 9. The Court at the outset proposes to recapitulate the jurisdictional requirement for reopening of the assessment under Section 147/148 of the Act by referring to two decisions of the Supreme Court. In Chhugamal Rajpal v. SP Chaliha (1971) 79 ITR 603, the Supreme Court was dealing with a case where the AO had received certain communications from the Commissioner of Income Tax showing that the alleged creditors of the Assessee were “name- lenders and the transactions are bogus.” The AO came to the conclusion that there were reasons to believe that income of the Assessee had escaped assessment.…

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

…Needles Pvt. Ltd.) 9. The Court at the outset proposes to recapitulate the jurisdictional requirement for reopening of the assessment under Section 147/148 of the Act by referring to two decisions of the Supreme Court. In Chhugamal Rajpal v. SP Chaliha (1971) 79 ITR 603, the Supreme Court was dealing with a case where the AO had received certain communications from the Commissioner of Income Tax showing that the alleged creditors of the Assessee were “name- lenders and the transactions are bogus.” The AO came to the conclusion that there were reasons to believe that income of the Assessee had escaped assessment.…

Sh. Yogendra Singh, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, all the appeals are partly allowed

Bench: Shri P.K. Bansal

…2) as this was issued merely in a mechanical manner without applying the mind by the Addl. Commissioner to the reasons recorded by the AO. 8. I have gone through the decision of Hon’ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors. – 79 ITR 603. This decision, in my opinion, supports the case of the assessee. Similar view has been taken by the Hon’ble Delhi High Court in the case of Central 8 ITA Nos.1297 & 1298/Del./2014 ITA Nos.1300 to 1305/Del./2014 India Electricity Supply Co. Ltd. vs. ITO – 333 ITR 237. Hon’ble Allahabad High Court in the case of Dr. Shashi Kant Garg v. Commission…

Sh. Yogendra Singh, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, all the appeals are partly allowed

Bench: Shri P.K. Bansal

…2) as this was issued merely in a mechanical manner without applying the mind by the Addl. Commissioner to the reasons recorded by the AO. 8. I have gone through the decision of Hon’ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors. – 79 ITR 603. This decision, in my opinion, supports the case of the assessee. Similar view has been taken by the Hon’ble Delhi High Court in the case of Central 8 ITA Nos.1297 & 1298/Del./2014 ITA Nos.1300 to 1305/Del./2014 India Electricity Supply Co. Ltd. vs. ITO – 333 ITR 237. Hon’ble Allahabad High Court in the case of Dr. Shashi Kant Garg v. Commission…

Sh. Anuj Kumar, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, all the appeals are partly allowed

Bench: Shri P.K. Bansal

…2) as this was issued merely in a mechanical manner without applying the mind by the Addl. Commissioner to the reasons recorded by the AO. 8. I have gone through the decision of Hon’ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors. – 79 ITR 603. This decision, in my opinion, supports the case of the assessee. Similar view has been taken by the Hon’ble Delhi High Court in the case of Central 8 ITA Nos.1297 & 1298/Del./2014 ITA Nos.1300 to 1305/Del./2014 India Electricity Supply Co. Ltd. vs. ITO – 333 ITR 237. Hon’ble Allahabad High Court in the case of Dr. Shashi Kant Garg v. Commission…

Sh. Anuj Kumar, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, all the appeals are partly allowed

Bench: Shri P.K. Bansal

…2) as this was issued merely in a mechanical manner without applying the mind by the Addl. Commissioner to the reasons recorded by the AO. 8. I have gone through the decision of Hon’ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors. – 79 ITR 603. This decision, in my opinion, supports the case of the assessee. Similar view has been taken by the Hon’ble Delhi High Court in the case of Central 8 ITA Nos.1297 & 1298/Del./2014 ITA Nos.1300 to 1305/Del./2014 India Electricity Supply Co. Ltd. vs. ITO – 333 ITR 237. Hon’ble Allahabad High Court in the case of Dr. Shashi Kant Garg v. Commission…

Smt. Raj Kumari, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, all the appeals are partly allowed

Bench: Shri P.K. Bansal

…2) as this was issued merely in a mechanical manner without applying the mind by the Addl. Commissioner to the reasons recorded by the AO. 8. I have gone through the decision of Hon’ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors. – 79 ITR 603. This decision, in my opinion, supports the case of the assessee. Similar view has been taken by the Hon’ble Delhi High Court in the case of Central 8 ITA Nos.1297 & 1298/Del./2014 ITA Nos.1300 to 1305/Del./2014 India Electricity Supply Co. Ltd. vs. ITO – 333 ITR 237. Hon’ble Allahabad High Court in the case of Dr. Shashi Kant Garg v. Commission…

Smt. Raj Kumari, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, all the appeals are partly allowed

Bench: Shri P.K. Bansal

…2) as this was issued merely in a mechanical manner without applying the mind by the Addl. Commissioner to the reasons recorded by the AO. 8. I have gone through the decision of Hon’ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors. – 79 ITR 603. This decision, in my opinion, supports the case of the assessee. Similar view has been taken by the Hon’ble Delhi High Court in the case of Central 8 ITA Nos.1297 & 1298/Del./2014 ITA Nos.1300 to 1305/Del./2014 India Electricity Supply Co. Ltd. vs. ITO – 333 ITR 237. Hon’ble Allahabad High Court in the case of Dr. Shashi Kant Garg v. Commission…

Sh. Mahendra Singh, Muzaffarnagar vs. ITO, Muzaffarnagar

In the result, all the appeals are partly allowed

Bench: Shri P.K. Bansal

…2) as this was issued merely in a mechanical manner without applying the mind by the Addl. Commissioner to the reasons recorded by the AO. 8. I have gone through the decision of Hon’ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors. – 79 ITR 603. This decision, in my opinion, supports the case of the assessee. Similar view has been taken by the Hon’ble Delhi High Court in the case of Central 8 ITA Nos.1297 & 1298/Del./2014 ITA Nos.1300 to 1305/Del./2014 India Electricity Supply Co. Ltd. vs. ITO – 333 ITR 237. Hon’ble Allahabad High Court in the case of Dr. Shashi Kant Garg v. Commission…

Shri Rajesh Kumar Narang, Meerut vs. ITO, Meerut

In the result, appeal of the assessee is allowed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 3881/Del/2013 : Asstt. Year : 2001-02 Shri Rajesh Kumar Narang, Vs Income Tax Officer, C/O M/S Rajesh Steel, Baghpat Ward-2(2), Road, Meerut Meerut (Appellant) (Respondent) Pan No. Adfpn2097N Assessee By : Sh. Vinod Kumar Goel, Adv. Revenue By : Smt. Rasmita Jha, Sr. Dr Date Of Hearing : 07.12.2015 Date Of Pronouncement : 09.02.2016 Order Per N. K. Saini, Am:

…y bogus transactions. Such information is sent to different officers to take action/proceedings u/s 147/148 of the Income- tax Act on the basis of such statements and confession. For illustration, may refer to case of Chhugamal Rajpal Vs S.P. Chaliha & Others 79 ITR 603 (S.C.) where action was initiated on the basis of Circular issued from the Office of Commissioner of Income Tax, Bihar and Orissa which stated that three persons named in that Circular were merely name lenders and therefore, transactions carried by them were 6 Rajesh Kumar Narang bogus and proper investigation regarding loan from such persons was…