CIT v. Anil Kumar Bhatia

Mr. Vipin Mantaktala, New Delhi vs. DCIT, New Delhi

Appeals are allowed

Bench: Shri R.S. Syal & Smt. Beena A. Pillai

…eturn filed by the assessee u/s.139of the Act. 6.2. The Hon’ble jurisdictional High Court while deciding the case of Kabul Chawla (supra) has relied upon the findings by the coordinate bench of the Hon’ble Court in the case of CIT vs. Anil Kumar Bhatia (2012) 211 Taxmann 453 (Del.), while deciding the issue. The relevant para No. 8 & 9 in this regard is being reproduced as under :- I.T.A.Nos. 1767 to 1770/Del/2012 “8. We are unable to accept the contention advanced on behalf of the Revenue for the reason that if both the pending and completed assessment were to be taken on same pedestal, then there was no need…

Mr. Vipin Mantaktala, New Delhi vs. DCIT, New Delhi

Appeals are allowed

Bench: Shri R.S. Syal & Smt. Beena A. Pillai

…eturn filed by the assessee u/s.139of the Act. 6.2. The Hon’ble jurisdictional High Court while deciding the case of Kabul Chawla (supra) has relied upon the findings by the coordinate bench of the Hon’ble Court in the case of CIT vs. Anil Kumar Bhatia (2012) 211 Taxmann 453 (Del.), while deciding the issue. The relevant para No. 8 & 9 in this regard is being reproduced as under :- I.T.A.Nos. 1767 to 1770/Del/2012 “8. We are unable to accept the contention advanced on behalf of the Revenue for the reason that if both the pending and completed assessment were to be taken on same pedestal, then there was no need…

Mr. Vipin Mantaktala, New Delhi vs. DCIT, New Delhi

Appeals are allowed

Bench: Shri R.S. Syal & Smt. Beena A. Pillai

…eturn filed by the assessee u/s.139of the Act. 6.2. The Hon’ble jurisdictional High Court while deciding the case of Kabul Chawla (supra) has relied upon the findings by the coordinate bench of the Hon’ble Court in the case of CIT vs. Anil Kumar Bhatia (2012) 211 Taxmann 453 (Del.), while deciding the issue. The relevant para No. 8 & 9 in this regard is being reproduced as under :- I.T.A.Nos. 1767 to 1770/Del/2012 “8. We are unable to accept the contention advanced on behalf of the Revenue for the reason that if both the pending and completed assessment were to be taken on same pedestal, then there was no need…

Rajeev Chawla, Delhi vs. ACIT, New Delhi

Appeals are allowed

Bench: Shri N.K. Saini & Smt. Beena Pillai

…) Kusum Gupta vs. DCIT – ITA No. 4873/Del/2009 dt.28.3.2013; v) ACIT vs. Asha Kataria – ITA No. 3105/Del/2011 dated 20.5.2013; vi) Sanjay Aggarwal vs. DCIT – dt.16.2.2014; vii) Jai Steel India vs. ACIT – 259 CTR 281 (Raj.); & viii) CIT vs. Anil Kumar Bhatia – 352 ITR 493 (Del.). 3.2 On the contrary ld. DR on the other hand submitted that there is no need of finding of incriminating material during the course of search to justify the validity of assessment framed under sec. 153A read with sec. 143(3) of the Income-tax Act, 1961 and the only requirement is that search has been conducted at the premises of the asses…

M/S Dharampal Premchand Ltd., Delhi vs. DCIT, New Delhi

In the result all, the three appeals are partly allowed

Bench: Shri A.T.Varkey & Shri Prashant Maharishi

…007-08, which was unearthed in search proceedings. 26. Ld. CIT (A) has upheld the jurisdiction u/s 153A of the act relying up on decision of Honorable Delhi High court in case of CIT V Shri Anil Bhatia in 21 | P a g e ITA no 1626/2010 dated 7th August 2012 ( 352 ITR 493) ( Delhi). In that case, there were incriminating documents found during the course of search for that particular year where loan was not disclosed in the regular return of the assessee. In this case, there is no instance of any document, which shows that particular income / expenditure assets or liabilities are not disclosed in the return of inc…

Commissioner Ofincome Lax-(Central)-I vs. Jakson Engineers Ltd

The appeals are dismissed with the above observations

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1 + ITA 910/2015 COMMISSIONER OF INCOME TAX-(CENTRAL)-I Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raglivendra Singh, Junior standing counsel, Mr. Sharad Agarwal and Mr. Shikhaf Garg, Advocates. versus JAKSON ENGINEERS LTD. Respondent Through Mr. Pranjal Srivasatav, Advocate With + ITA 911/2015 COMMISSIONER OF INCOME TAX-(CENTRAI.)-I Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raghvendra Singh, Junior standing counsel, Mr. Sharad Agamal and Mr. - Shikhar Garg, Advocates. versus JAKSON ENGINEERS LTD. Respond…

Commissioner of Income Tax-(Central)-I vs. Jakson Engineers Ltd

The appeals are dismissed with the above observations

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1 + ITA 910/2015 COMMISSIONER OF INCOME TAX-(CENTRAL)-I Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raglivendra Singh, Junior standing counsel, Mr. Sharad Agarwal and Mr. Shikhaf Garg, Advocates. versus JAKSON ENGINEERS LTD. Respondent Through Mr. Pranjal Srivasatav, Advocate With + ITA 911/2015 COMMISSIONER OF INCOME TAX-(CENTRAI.)-I Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raghvendra Singh, Junior standing counsel, Mr. Sharad Agamal and Mr. - Shikhar Garg, Advocates. versus JAKSON ENGINEERS LTD. Respond…

Commissioner of Income Tax-(Central)-I vs. Jakson Engineering Ltd

The appeals are dismissed with the above observations

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1 + ITA 910/2015 COMMISSIONER OF INCOME TAX-(CENTRAL)-I Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raglivendra Singh, Junior standing counsel, Mr. Sharad Agarwal and Mr. Shikhaf Garg, Advocates. versus JAKSON ENGINEERS LTD. Respondent Through Mr. Pranjal Srivasatav, Advocate With + ITA 911/2015 COMMISSIONER OF INCOME TAX-(CENTRAI.)-I Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raghvendra Singh, Junior standing counsel, Mr. Sharad Agamal and Mr. - Shikhar Garg, Advocates. versus JAKSON ENGINEERS LTD. Respond…

Commissioner of Income Tax-(Central)-I vs. Jakson Engineers Ltd

The appeals are dismissed with the above observations

…wance under Section 14A of the Act and restricted the disallowance to 1.06% of the gross income. 9. The Assessee then appealed to the ITAT which has, in the impugned order dated 11th April 2014, followed the decision of this Court in CIT v. Anil Bhatia 352 ITR 493 (Del) and held thus: “13. We thus decide the issue of validity of initiation of proceeding under Section 153A of the Act and the assessment framed there under in furtherance to the said notice in favour of the Assessee. In result, we hold that the notice issued under Section 153A in absence of incriminating material was invalid and accordin…

ACIT, New Delhi vs. M/S Brijwasi Impex Pvt. Ltd., Delhi

The appeal is allowed

Bench: Shri I.C. Sudhir & Shri Inturi Rama Rao Assessment Year: 2002-03 Assistant Cit, Vs. Brijwasi Impex Pvt. Ltd., Central Circle-12, 1170- Kuccha Mahajani, New Delhi. Chandni Chowk, Delhi-1100 06 (Pan: Aabcb7530L) Cross-Objection No.9/Del/2013 Assessment Year: 2002-03 Brijwasi Impex Pvt. Ltd., Vs. Assistant Cit, 1170- Kuccha Mahajani, Central Circle-12, Chandni Chowk, New Delhi. (Pan: Aabcb7530L) (Appellant) (Respondent) Assessment Year: 2004-05 Deputy Cit, Vs. Brijwasi Impex Pvt. Ltd., Central Circle-12, 1170- Kuccha Mahajani, New Delhi. Chandni Chowk, Delhi-1100 06 (Pan: Aabcb7530L) Cross-Objection No.10/Del/2013 Assessment Year: 2004-05 Brijwasi Impex Pvt. Ltd., Vs. Assistant Cit, 1170- Kuccha Mahajani, Central Circle-12, Chandni Chowk, New Delhi. (Pan: Aabcb7530L) (Appellant) (Respondent) Assessment Years: 2006-07 & 2007-08 Brijwasi Pvt. Ltd., Vs. Assistant Cit, 1170-Kucha Mahajani, Central Circle 12, Chandni Chowk, Delhi. New Delhi. (Pan: Aabcb7530L) (Appellant) (Respondent) Assessment Year: 2006-07 Deputy Cit, Vs. Brijwasi Pvt. Ltd., Central Circle-12, 1170-Kucha Mahajani, New Delhi. Chandni Chowk, Delhi. (Pan: Aabcb7530L) (Appellant) (Respondent)

…) All Cargo Global Logistics Ltd. vs. DCIT (2012) – 18 ITR (Trib.) 106 (Mumbai) (S.B); vii ) CTI vs. Continental Warehousing Corporation (NHAVA SHEVA) Ltd. & All Cargo Global Logistics Ltd.- 374 ITR 645(Bom.) (2015) ; viii) CIT vs. Anil Kumar Bhatia (2013) - 352 ITR 493 (Del.); ix) CIT vs. Kabul Chawla- ITA No. 707/2014 and ors. Judgment dated 28.2.2015( Delhi H.C. ). 12. Learned CIT(DR) on the other hand tried to justify the orders of the authorities below on the issue. He submitted that there are conflicting decisions of different Hon'ble High Courts on the issue i.e. regarding validity of assessment framed…

Commissioner of Income Tax (Central)-III vs. Kabul Chawla

…he advances were given during the normal course of business and, therefore, that contention was rejected. As regards the failure to unearth any incriminating materials, reference was made to the decision of the High Court in CIT v. Anil Kumar Bhatia [2013] 352 ITR 493 (Del). It was held that the addition need not be restricted only to the seized material. The order of the ITAT 9. The Assessee then appealed to the ITAT. One of the issues considered by the ITAT was whether the completed assessment on the date of the search would stand on the same footing as the pending assessments which in terms of the…

Commissioner of Income Tax (Central)-III vs. Kabul Chawla

…he advances were given during the normal course of business and, therefore, that contention was rejected. As regards the failure to unearth any incriminating materials, reference was made to the decision of the High Court in CIT v. Anil Kumar Bhatia [2013] 352 ITR 493 (Del). It was held that the addition need not be restricted only to the seized material. The order of the ITAT 9. The Assessee then appealed to the ITAT. One of the issues considered by the ITAT was whether the completed assessment on the date of the search would stand on the same footing as the pending assessments which in terms of the…

Commissioner of Income Tax (Central)-III vs. Kabul Chawla

…he advances were given during the normal course of business and, therefore, that contention was rejected. As regards the failure to unearth any incriminating materials, reference was made to the decision of the High Court in CIT v. Anil Kumar Bhatia [2013] 352 ITR 493 (Del). It was held that the addition need not be restricted only to the seized material. The order of the ITAT 9. The Assessee then appealed to the ITAT. One of the issues considered by the ITAT was whether the completed assessment on the date of the search would stand on the same footing as the pending assessments which in terms of the…

Commissioner of Income Tax (C)-I vs. Mgf Automobiles Ltd

…ITA Nos.13 & 14 of 2014 ` Page 1 of 8 $~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 13/2014 COMMISSIONER OF INCOME TAX (C)-I ..... Appellant Through: Mr. N.P. Sahni, Senior Standing Counsel with Mr. Nitin Gulati, Advocate versus MGF AUTOMOBILES LTD. ..... Respondent Through: Ms. Premlata Bansal, Senior Advocate with Mr. Sunil Magon, Advocate with + ITA 14/2014 COMMISSIONER OF INCOME TAX (C)-I ..... Appellant Through: Mr. N.P. Sahni, Senior Standing…

Commissioner of Income Tax (C)-I vs. Mgf Automobiles Ltd

…ITA Nos.13 & 14 of 2014 ` Page 1 of 8 $~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 13/2014 COMMISSIONER OF INCOME TAX (C)-I ..... Appellant Through: Mr. N.P. Sahni, Senior Standing Counsel with Mr. Nitin Gulati, Advocate versus MGF AUTOMOBILES LTD. ..... Respondent Through: Ms. Premlata Bansal, Senior Advocate with Mr. Sunil Magon, Advocate with + ITA 14/2014 COMMISSIONER OF INCOME TAX (C)-I ..... Appellant Through: Mr. N.P. Sahni, Senior Standing…