CIT(A) v. Real Time Marketing Pvt. Ltd.

306 ITR 55High Court#15591 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2018 to 2022.

Judgments citing CIT(A) v. Real Time Marketing Pvt. Ltd.

Potent Foods Private Limted, Faridabad vs. ITO Ward-2(1), Faridabad

In the result, appeal of the Assessee is allowed

ITA 104/DEL/2021[2016-17]Status: DisposedITAT Delhi05 May 2022AY 2016-17

Bench: Shri R.K. Panda

For Appellant: Shri Shyam SunderFor Respondent: Shri Om Prakash, Sr. DR

Section 143(1)Section 68

…hing more which was necessary and required to be done by the AO was not done. The AO failed to carry his suspicious to logical conclusion by further investigation. 6.6. I find the Hon’ble Delhi High Court in the case of CIT vs., Real Time Marketing (P) Ltd., 306 ITR 55 (Del.) has observed as under : 52 ITA.No.104/Del./2021 M/s. Potent Foods Pvt. Ltd., Sector 20-B, Faridabad, Haryana. “8. There is a finding of fact given by the two authorities namely CIT(A) and the Tribunal to the effect that :- The confirmation of M/s. ACL has been filed by the Assessee. The said company was assessed to tax. The source of ACL…

Mantram Commodities Pvt. Ltd., Faridabad vs. ITO Ward-1(5), Faridabad

In the result, appeal of the Assessee is allowed

ITA 105/DEL/2021[2016-17]Status: DisposedITAT Delhi25 Apr 2022AY 2016-17

Bench: Shri R.K. Panda

For Appellant: Shri Shyam SunderFor Respondent: Shri Om Prakash, Sr. DR

Section 133(6)Section 143(1)Section 143(2)Section 56Section 68

…Haryana. which was necessary and required to be done by the AO was not done. The AO failed to carry his suspicious to logical conclusion by further investigation. 7.6. I find the Hon’ble Delhi High Court in the case of CIT vs., Real Time Marketing (P) Ltd., 306 ITR 55 (Del.) has observed as under : “8. There is a finding of fact given by the two authorities namely CIT(A) and the Tribunal to the effect that :- The confirmation of M/s. ACL has been filed by the Assessee. The said company was assessed to tax. The source of ACL had been explained as out of transfer of funds from the accounts of M/s. BTL. Thus, th…

ACIT, Central Circle-19, New Delhi vs. M/S K.R. Pulp & Papers Ltd, New Delhi

In the result, the appeal of the Revenue is

ITA 5064/DEL/2017[2009-10]Status: DisposedITAT Delhi31 Mar 2022AY 2009-10

Bench: Shri R.K. Panda & Shri N.K. Choudhry

For Appellant: Ms. Monika Aggarwal, AdvocateFor Respondent: Smt. Sunita Singh, CIT-DR

Section 132Section 143(3)Section 147Section 80I

…n can be made under section 68 of the I.T. Act, 1961. In support of this contention, the Learned Counsel for the Assessee relied upon the following decisions: 1. CIT vs., Value Capital Services Ltd., 307 ITR 334 (Del.) CIT vs., Real Time Marketing (P) Ltd., 306 ITR 55 2. (Del.) CIT vs., Kamdhenu Steel and Alloys Ltd., 361 ITR 220 3. (Del.) CIT vs., Five Vision Promoters (P) Ltd., 380 ITR 289 4. (Del.). 7.2. He submitted that out of the 54 shareholders, response duly accepted as received in the case of 46 shareholders and only in respect of one shareholder notice remained unserved and in case of 07 sharehold…

Bmr Polymers (P) Ltd., New Delhi vs. ITO, Ward- 1(3), Gurgaon

Appeal of the assessee is allowed

ITA 5936/DEL/2017[2012-13]Status: DisposedITAT Delhi06 Nov 2020AY 2012-13

Bench: Shri G. S. Pannu & Ms Suchitra Kamblei.T.A. No. 5936/Del/2017 (A.Y 2012-13) (Through Video Conferencing) Vs Ito Bmr Polymers (P) Ltd. Flat No. 42, Bank Apartments, Ward-1(3) Plot No. 22, Sector-4, Dwarka, Gurgaon, Haryana New Delhi Aabcb4954E (Respondent) (Appellant) Appellant By Sh. Rajiv Saxena & Sh. Shyam Sunder, Advs Respondent By Sh. R. K. Gupta, Sr. Dr

Section 133(6)Section 68

…tainable in law. The assessee relied upon the decision of the Hon’ble Delhi High Court in case of CIT(A) Vs. Value Capital Services Pvt. Ltd. 307 ITR 334 and also the decision of the Hon’ble Delhi High Court in case of CIT(A) Vs. Real Time Marketing Pvt. Ltd. 306 ITR 55. The Ld. AR also relied upon the decision of the Hon’ble Gujrat High Court in case of DCIT Vs. Rohini Builders 256 ITR 316 thereby following the judgment of Hon’ble Apex Court in case of Orissa Corporations 159 ITR 78. The Ld. AR further submitted that during the course of assessment proceedings copy of confirmation of account along with copy of b…

Vijay Aggarwal, Delhi vs. ITO, Ward- 48(5), New Delhi

In the result, all the appeals of different assessees are partly allowed

ITA 1077/DEL/2019[2010-11]Status: DisposedITAT Delhi30 May 2019AY 2010-11

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year: 2010-11

Section 147Section 148Section 56(2)(vii)Section 68

…his has not been shown insofar as the present case is concerned and that has been noted by the Tribunal also.” [Emphasis Supplied] 33. The assessee also submits that the Hon’ble Delhi High Court in the case of CIT vs. Real Time Marketing (P) Ltd. reported in 306 ITR 55 has held that burden is on the Assessing Officer to show that money received originated from the coffers of the assessee company. The finding of the High Court are as under: “8. There is a finding of fact given by the two authorities namely CIT(A) and the Tribunal to the effect that:- The confirmation of M/s. ACL has been filed by the Assessee.…

Ajay Kumar Mamgain, Dehradun vs. ITO, Ward-1(4)(1), Rishikesh

In the result, the Appeal filed by the Assessee stands

ITA 903/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Oct 2018AY 2014-15

Bench: Shri H.S. Sidhuay: 2014-15 Ajay Kumar Mamgain Ito, Ward 1(4)(1), Village Kaluwala, Vs. Haridwar Badowala Bhaniawala Dehradun Uttaranchal-248144 (Pan: Ceypm0160F) (Assessee) (Respondent)

For Appellant: Sh. Gautam Jain, AdvFor Respondent: Sh. B.S. Anant, Sr. DR

Section 143(2)Section 143(3)Section 68

…are not bogus and fictitious therefore, the impugned order is set aside.” 13 ITA.Nos.449, 450, 451 /Del./2016 & C.Os. 5.1 I also find support from the decision of the Hon’ble Delhi High Court in the case of CIT vs.Real Time Marketing (P) Ltd. reported in 306 ITR 55 and CIT vs. Value Capital Services Ltd. reported in 307 ITR 334 wherein, it has been held that burden is on the Assessing Officer to show that money received originated from the coffers of the assessee and since in the instant case, burden had not been discharged addition made is not valid. 5.2 I further find that it is a settled law that credi…