CIT (Central) v. Kabul Chawla

DCIT, New Delhi vs. M/S. M.A. Projects (P) Ltd., New Delhi

In the result the Cross Objection filed by assessee stands allowed and the appeal filed by Revenue stands dismissed

Bench: Sri R.K.Panda & Smt. Beena A Pillaia.Y. 2007-08 Dcit, Central Circle-03 Vs. M.A. Projects (P) Ltd. New Delhi Ba-17A, Dda Flats Asok Vihar New Delhi 110 052 Pan: Aaecm 2372 E Cross Objection No.257/Del/2014 (In Ita 565/Del/2014) Assessment Year 2007-08 M.A.Projects (P) Ltd. Vs. Dcit, C.C. 3 New Delhi New Delhi (Appellant) (Respondent)

…133 (4) of Sh.Mahesh Mehta do not refer to any seized material relating to share application money received by assessee for the year under consideration. 5.3. In a subsequent decision by Hon’ble Delhi High Court in the case of CIT vs Kabul Chawla reported in 380 ITR 570, Hon’ble Court observed and held as under: “35. In Commissioner of Income Tax v. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 58 Taxmann.Com 78 (Bom) the question addressed by the Bombay High Court was whether the scope of assessment under Section 153A encompasses additions, not based on any incriminating material found during th…

DCIT, New Delhi vs. Shri M.K.R. Construction Pvt. Ltd., Delhi

Bench: Hon’Ble, Shri G.D. Agrawal & Shri Kuldip Singh

…CIT vs. Anil Kumar Bhatia reported in 352 ITR 493 which has been distinguished by the coordinate Bench of the Tribunal in preceding reproduced para 12 (11). 14. In view of the principle laid down by Hon’ble Delhi High Court in CIT vs. Kabul Chawla – (2016) 380 ITR 570, we are of the considered view that since the AO could not lay hand on any incriminating material qua the impugned addition, the assessment order u/s 153A is not sustainable, which is beyond the purview of 7 ITA No.3348 & 3349/Del./2014 assessment made u/s 153A. So, by following the decision rendered by coordinate Bench of the Tribunal in asses…

DCIT, New Delhi vs. Shri M.K.R. Construction Pvt. Ltd., Delhi

Bench: Hon’Ble, Shri G.D. Agrawal & Shri Kuldip Singh

…CIT vs. Anil Kumar Bhatia reported in 352 ITR 493 which has been distinguished by the coordinate Bench of the Tribunal in preceding reproduced para 12 (11). 14. In view of the principle laid down by Hon’ble Delhi High Court in CIT vs. Kabul Chawla – (2016) 380 ITR 570, we are of the considered view that since the AO could not lay hand on any incriminating material qua the impugned addition, the assessment order u/s 153A is not sustainable, which is beyond the purview of 7 ITA No.3348 & 3349/Del./2014 assessment made u/s 153A. So, by following the decision rendered by coordinate Bench of the Tribunal in asses…

ACIT, New Delhi vs. Mkr Construction (P) Ltd., New Delhi

In the result Revenue’s appeal is dismissed and assessee’s

Bench: Shri G.D. Agrawal & Shri Amit Shuklain Ita No. 5444/Del/2013 Co. No. 128/Del/2014 Assessment Year: 2004-05 Acit Central Circle-2, Vs. Mkr Construction Room No. 355, 3Rd Floor, (P)Ltd., 2042, Katra Ara Centre, Jhandewalan Extn. Tobacco, Khari Baoli, New Delhi New Delhi (Applicant) (Respondent) (Pan: Aadcm6195J) Assessee By: Shri Suresh Gupta, Ca Revenue By: Shri H.K. Chaudhary, Cit Dr Date Of Hearing 22/06/2017 Date Of Pronouncement 10/07/2017

…sessment year is substantiated from record, therefore no addition can be made within the scope of assessment u/s 153A. In support of this proposition, he strongly relied upon the decision of Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawala (2016) 380 ITR 570; and latest Hon'ble Delhi High Court decision of in the case of Pr. CIT vs. Meeta Gutgutia, Prop. M/S. FERNS N’ PETALS, in ITA No. 306 and 310/2010, vide judgment and order dated 25.5.2017. He submitted Page 4 of 15 that in the latest judgment, the Hon'ble High Court have considered not only the decision of Hon'ble Delhi High Court in the variou…

ACIT, New Delhi vs. M/S. Tirupati Infra Project Pvt. Ltd., New Delhi

Bench: Shri H. S. Sidhu & Shri Prashant Maharishiacit, Tirupati Infra Projects Pvt. Ltd, Central Circle-09, Vs. Plot-D, Distt. Centre, Paschim New Delhi Vihar, New Delhi Pan: Aadct5825H (Appellant) (Respondent) Co No. 07/Del/2015 (Assessment Year: 2008-09) Tirupati Infra Projects Pvt. Ltd, Plot- Acit, D, Distt. Centre, Paschim Vihar, Vs. Central Circle-09, New Delhi New Delhi Pan:Aadct5825H (Appellant) (Respondent)

…d hence no addition can be made in the hands of the assessee. He relied upon the order of Hon'ble Delhi High Court in case of CIT Vs. Kabul Chawla 380 ITR 573(Del). He further referred to the Page 5 of 29 decision to the case of Kureel Paper Mills reported in 388 ITR 571 of the Hon'ble Delhi High Court. 9. The ld DR objecting to the submission of the assessee that no incriminating material was found during the course of search. Firstly stated that there is no requirement of any incriminating material for making an addition u/s 153A of the Act and he further stated that independent enquiry conducted by the ld AO a…

M/S. Lairy Distributors Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the assessees stand allowed on legal grounds Nos

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

…de as per the provisions and procedures laid down in section 153A of the Act and the provisions of the said section have been interpreted by various high courts and very recently Hon’ble jurisdictional high court in the case of CIT vs Kabul Chawla reported in 126 DTR 130 after analyzing each and every judgment of various high courts on this issue and also the judgments as relied on by learned CIT DR {judgment of Hon ’ble Delhi High Court on the cases of CIT vs Chetan Dass Lachman Dass reported in 211 Taxman 61 and Filatex India Ltd. vs CIT reported in 229 Taxman 555 and also of Madugula Venu vs CIT reported in 2…