CIT v. Hotel Hoshi (

The Commissioner of Income Tax vs. M.S.Aggarwal

…aper and Board Limited and Others versus Deputy Commissioner of Income Tax, [1998] 234 ITR 733(Guj.). In this context, we may now refer to the decision of the Rajasthan High Court in Commissioner of Income Tax versus Elegant Homes Private Limited, [2003] 259 ITR 232 (Raj.) which with respect reflects and resonates a compelling opposite view. The tribunal in the said case had deleted additions of Rs.41,000/- as cash credits not proved as genuine. Deposits of Rs. 41,000/- were recorded in the regular cash books maintained by the assessee. Rajasthan High Court reversed the findings of the tribunal and h…

The Commissioner of Income Tax Xiii vs. Qimat Ali Garg

The appeal is allowed to the extent indicated above

Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE MANMOHAN

…al deserves to be re- considered. 9. The learned counsel for the assessee, controverting the said submission, has corrunended us'to the decisions in Commissioner of Income Tax a. Raai Kant fain, [2001] 250 ITR 141 (Delhi), CIT a. Elegant Homes P. Ltd., [2003] 259 ITR 232, Commissioner of rncome Tax a. Ashim Krishna Mondal, [2004] 270 ITR L60 (calcuna), commissioner of rncome Tax a. vishal Aggarual,lz00il283 ITR 326 (Delhi), Commissioner of Income Tax a. G.K. Senniappan,120061 284 ITR 220, Commissioner of rncome Tax, Neut Delhi a. Aggarwal Deaelopers (P) Ltd., [2007] 163 Taxman 699 (Delhi) and Commissioner of Inco…

Commissioner of Income Tax vs. Sh. Ashok Dua

The appeal is dismissed

Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE RAJIV SHAKDHER

…t this juncture, it may be also relevant to notice another decision of this Court in the case CIT v. Vishal Aggarwal : 283 ITR 326 (Delhi) wherein this Court noted, with approval, the observations of the Rajasthan High Court in CIT v. Elegant Homes P. Ltd:259 ITR 232 (Raj) that in Chapter XIV-B of the Act, special provisions for assessment in search cases have been given and if ITA No. 1085 of 2005 Page 8 of 9 any amount of income has not been taxed and during the course of search, if some undisclosed income is found on the basis of the material seized, that should be treated as undiscl…

Commissioner of Income Tax Delhi-VII vs. Shri Ashok Dua

The appeal is dismissed

…t this juncture, it may be also relevant to notice another decision of this Court in the case CIT v. Vishal Aggarwal : 283 ITR 326 (Delhi) wherein this Court noted, with approval, the observations of the Rajasthan High Court in CIT v. Elegant Homes P. Ltd:259 ITR 232 (Raj) that in Chapter XIV-B of the Act, special provisions for assessment in search cases have been given and if 2008:DHC:2509-DB ITA No. 1085 of 2005 Page 8 of 9 any amount of income has not been taxed and during the course of search, if some undisclosed income is found on the basis of the material seized, that should be t…

Commissioner of Income Tax vs. M/S Balaji Wire Pvt.Ltd

Bench: Us, Collectively Called The Bansal Group. Thereafter, Proceedings Were Initiated Against The Assessee Under Section 158-Bc Of The Act. The Assessing Officer Made Huge Additions & These Additions Were, By & Large, Confirmed By The Commissioner Of Income Tax (Appeals) [Cit (A)]. The Tribunal Set Aside The Orders Of The Cit (A) & That Is Why The Revenue Is Before Us. Since The Facts Of All The Cases Are More Or Less Similar, They Were Dealt With By The Tribunal By One Order & We Do The Same. 3. Two Issues Have Been Canvassed Before Us: Firstly With

…other materials or information as are available with the Assessing Officer. Evidence found as a result of search is clearly relatable to sections 132 and 132A.” 10. Similarly, in Commissioner of Income Tax v. Elegant Homes Pvt. Ltd., [2003] 259 ITR 232, the Rajasthan High Court held: “In Chapter XIV-B of the Act, special provisions for assessment in search cases have been given and if any amount of income has not been taxed and during the course of search, if some “undisclosed” income is found on the basis of material seized, that should be treated as undisclosed i…