CIT v. Kabul Chawla

ACIT, New Delhi vs. M/S. Accurate Transformers Ltd., New Delhi

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

…minating material only, if any, seized during the search operation, which is undisputedly not there on the file for AY 2004-05. Reliance in this regard is placed on the decision rendered by Hon’ble jurisdictional High Court in case of CIT vs. Kabul Chawla - 380 ITR 173 (Del.). Operative part of which his reproduced below :- “37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: 8 ITA Nos.1929 & 1930/Del./2012 i. Once a search takes place under Section 132 of the Ac…

Jakson Ltd., New Delhi vs. ACIT, New Delhi

The appeal of the assessee is allowed

Bench: Shri N. K. Saini & Ms Suchitra Kamblejakson Ltd. Vs Acit 101, Ratan Jyoti Building, Central Circle-25 18, Rajendra Place New Delhi New Delhi Aaacj5347C (Respondent) (Appellant)

…the part of the clerk working in the office of its accountant, there is a delay in filing the appeal by 589 days. 12. Even otherwise, assessee’s case is squarely covered by the decision of the Jurisdictional High Court in the case CIT vs. Kabul Chawla [2016] 380 ITR 573 as well as in the case of assessee’s group concern, CIT vs. Jakson Engineers Ltd. ITA no.910-913/2015 dated 07/12/2015. 3 In the case of Jakson Engineers Ltd., Hon’ble High Court has quashed the assessment made by the AO, whereby similar additions u/s 14A was made. 13. That as explained above, it is humbly submitted that the delay in filing the a…

Metbrass Plassim India Ltd., New Delhi vs. ACIT, Central Circle- 15, New Delhi

Bench: Shri G.D. Agarwal & Shri K. Narasimha Charyassessment Year : 2014-15 M/S Versatile Datamatics (P) Ltd. Acit, Central Circle- 15, 25, Bazar Land, Bengali Market Vs. New Delhi. New Delhi 110001 Pan : Aabcv8793K (Appellant) (Respondent) Assessment Year : 2013-14 M/S Superior Calltech (P) Ltd., Acit, Central Circle- 15, 25, Bazar Lane, Bangali Market, Vs. New Delhi. New Delhi. Pan : Aakcs2341F (Appellant) (Respondent) Assessment Year : 2013-14 Metbrass Plassim India Ltd., Acit, Central Circle- 15, 25, Bazar Lane, Bangali Market, Vs. New Delhi. New Delhi. Pan : Aadcm9501A (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Adv. Shri Piyush Kumar Kamal, Ca Department By : Ms. Shefali Swaroop, Cit-Dr Date Of Hearing : 30-07-2018 Date Of Pronouncement : 17.09.2018 Per Bench: These Appeals Are By The Respective Assessees Challenging The Separate Orders Of The Cit(A)- Xxvi, New Delhi ( For Short “Ld. Cit(A)”) Relating To Assessment Year 2013-14. Since Both The Assessees Are Group Companies & The Impugned Assessment Had Arisen Pursuant To The Search & Seizure Operations Dated 28.3.2015 & Facts & Grounds Raised In This Appeal Are Similar, We Deem It Just & Convenient To Dispose Them Of By Way Of This Common Order.

…t of search, initiation of proceeding us/s 153A are bad and the addition of Rs.39 lacs by the learned AO and upholding of the same by the learned CIT(A) are against the law declared by the Hon’ble jurisdictional High Court in the cases of CIT vs Kabul Chawla, 380 ITR 573 and PCIT vs Meeta Gutgutia, 395 ITR 526. Assessee further assailed the findings of the learned CIT(A) that the original assessment in this matter was pending as on the date of issuance of notice u/s 153A of the Act is factually incorrect. It is further stated by the assessee in the grounds of appeal that the authorities below wrongly assumed that…

Superior Calltech (P) Ltd., New Delhi vs. ACIT, Central Circle- 15, New Delhi

Bench: Shri G.D. Agarwal & Shri K. Narasimha Charyassessment Year : 2014-15 M/S Versatile Datamatics (P) Ltd. Acit, Central Circle- 15, 25, Bazar Land, Bengali Market Vs. New Delhi. New Delhi 110001 Pan : Aabcv8793K (Appellant) (Respondent) Assessment Year : 2013-14 M/S Superior Calltech (P) Ltd., Acit, Central Circle- 15, 25, Bazar Lane, Bangali Market, Vs. New Delhi. New Delhi. Pan : Aakcs2341F (Appellant) (Respondent) Assessment Year : 2013-14 Metbrass Plassim India Ltd., Acit, Central Circle- 15, 25, Bazar Lane, Bangali Market, Vs. New Delhi. New Delhi. Pan : Aadcm9501A (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Adv. Shri Piyush Kumar Kamal, Ca Department By : Ms. Shefali Swaroop, Cit-Dr Date Of Hearing : 30-07-2018 Date Of Pronouncement : 17.09.2018 Per Bench: These Appeals Are By The Respective Assessees Challenging The Separate Orders Of The Cit(A)- Xxvi, New Delhi ( For Short “Ld. Cit(A)”) Relating To Assessment Year 2013-14. Since Both The Assessees Are Group Companies & The Impugned Assessment Had Arisen Pursuant To The Search & Seizure Operations Dated 28.3.2015 & Facts & Grounds Raised In This Appeal Are Similar, We Deem It Just & Convenient To Dispose Them Of By Way Of This Common Order.

…t of search, initiation of proceeding us/s 153A are bad and the addition of Rs.39 lacs by the learned AO and upholding of the same by the learned CIT(A) are against the law declared by the Hon’ble jurisdictional High Court in the cases of CIT vs Kabul Chawla, 380 ITR 573 and PCIT vs Meeta Gutgutia, 395 ITR 526. Assessee further assailed the findings of the learned CIT(A) that the original assessment in this matter was pending as on the date of issuance of notice u/s 153A of the Act is factually incorrect. It is further stated by the assessee in the grounds of appeal that the authorities below wrongly assumed that…

Versatile Datamicts (P) Ltd., New Delhi vs. ACIT, Central Circle- 15, New Delhi

Bench: Shri G.D. Agarwal & Shri K. Narasimha Charyassessment Year : 2014-15 M/S Versatile Datamatics (P) Ltd. Acit, Central Circle- 15, 25, Bazar Land, Bengali Market Vs. New Delhi. New Delhi 110001 Pan : Aabcv8793K (Appellant) (Respondent) Assessment Year : 2013-14 M/S Superior Calltech (P) Ltd., Acit, Central Circle- 15, 25, Bazar Lane, Bangali Market, Vs. New Delhi. New Delhi. Pan : Aakcs2341F (Appellant) (Respondent) Assessment Year : 2013-14 Metbrass Plassim India Ltd., Acit, Central Circle- 15, 25, Bazar Lane, Bangali Market, Vs. New Delhi. New Delhi. Pan : Aadcm9501A (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Adv. Shri Piyush Kumar Kamal, Ca Department By : Ms. Shefali Swaroop, Cit-Dr Date Of Hearing : 30-07-2018 Date Of Pronouncement : 17.09.2018 Per Bench: These Appeals Are By The Respective Assessees Challenging The Separate Orders Of The Cit(A)- Xxvi, New Delhi ( For Short “Ld. Cit(A)”) Relating To Assessment Year 2013-14. Since Both The Assessees Are Group Companies & The Impugned Assessment Had Arisen Pursuant To The Search & Seizure Operations Dated 28.3.2015 & Facts & Grounds Raised In This Appeal Are Similar, We Deem It Just & Convenient To Dispose Them Of By Way Of This Common Order.

…t of search, initiation of proceeding us/s 153A are bad and the addition of Rs.39 lacs by the learned AO and upholding of the same by the learned CIT(A) are against the law declared by the Hon’ble jurisdictional High Court in the cases of CIT vs Kabul Chawla, 380 ITR 573 and PCIT vs Meeta Gutgutia, 395 ITR 526. Assessee further assailed the findings of the learned CIT(A) that the original assessment in this matter was pending as on the date of issuance of notice u/s 153A of the Act is factually incorrect. It is further stated by the assessee in the grounds of appeal that the authorities below wrongly assumed that…

M/S. M.L. Singhi & Associates (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 3335/Del/2017 : Asstt. Year : 2006-07

…pital in the year under consideration has been made without relying on any incriminating material found during the course of search. 9. On a consideration of the entire material in the light of the law laid down in the case of CIT vs. Kabul Chawla reported in 380 ITR 573, the coordinate Bench of this tribunal concluded that, - 4.20 In view of the above finding, both the conditions as completed assessment and no incriminating material, have been satisfied in the case, thus, no addition could have been made in the instant assessment year in view of the finding of the Hon'ble Delhi High Court in the case of Kabul Ch…

M/S. M.L. Singhi & Associates (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 3335/Del/2017 : Asstt. Year : 2006-07

…pital in the year under consideration has been made without relying on any incriminating material found during the course of search. 9. On a consideration of the entire material in the light of the law laid down in the case of CIT vs. Kabul Chawla reported in 380 ITR 573, the coordinate Bench of this tribunal concluded that, - 4.20 In view of the above finding, both the conditions as completed assessment and no incriminating material, have been satisfied in the case, thus, no addition could have been made in the instant assessment year in view of the finding of the Hon'ble Delhi High Court in the case of Kabul Ch…

M/S. M.L. Singhi & Associates (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 3335/Del/2017 : Asstt. Year : 2006-07

…pital in the year under consideration has been made without relying on any incriminating material found during the course of search. 9. On a consideration of the entire material in the light of the law laid down in the case of CIT vs. Kabul Chawla reported in 380 ITR 573, the coordinate Bench of this tribunal concluded that, - 4.20 In view of the above finding, both the conditions as completed assessment and no incriminating material, have been satisfied in the case, thus, no addition could have been made in the instant assessment year in view of the finding of the Hon'ble Delhi High Court in the case of Kabul Ch…

ACIT, Central Circle- 26, New Delhi vs. Gd Foods Manufacturing (India) Pvt. Ltd., New Delhi

The appeal of the revenue is dismissed

Bench: Shri Prashant Maharishi & Shri K. N. Chary

…nts indicating undisclosed income was found during the course of search, therefore, the addition made was unjustified and deserves to be deleted on this account. He vehemently relied upon the decision of the Hon’ble Delhi High Court in CIT versus Kabul Chawla 380 ITR 573 (Delhi). He further supported the above contention by the series of the decision of Hon’ble Delhi High Court. 15. With respect to the addition of scrap sale as per ground number 5 of appeal, his arguments also remained the same as pertaining to the addition of the bogus purchase. He submitted that the same is included in the actual profitability…

ACIT, Central Circle- 26, New Delhi vs. Gd Foods Manufacturing (India) Pvt. Ltd., New Delhi

The appeal of the revenue is dismissed

Bench: Shri Prashant Maharishi & Shri K. N. Chary

…nts indicating undisclosed income was found during the course of search, therefore, the addition made was unjustified and deserves to be deleted on this account. He vehemently relied upon the decision of the Hon’ble Delhi High Court in CIT versus Kabul Chawla 380 ITR 573 (Delhi). He further supported the above contention by the series of the decision of Hon’ble Delhi High Court. 15. With respect to the addition of scrap sale as per ground number 5 of appeal, his arguments also remained the same as pertaining to the addition of the bogus purchase. He submitted that the same is included in the actual profitability…

ACIT, Central Circle- 26, New Delhi vs. Gd Foods Manufacturing (India) Pvt. Ltd., New Delhi

The appeal of the revenue is dismissed

Bench: Shri Prashant Maharishi & Shri K. N. Chary

…nts indicating undisclosed income was found during the course of search, therefore, the addition made was unjustified and deserves to be deleted on this account. He vehemently relied upon the decision of the Hon’ble Delhi High Court in CIT versus Kabul Chawla 380 ITR 573 (Delhi). He further supported the above contention by the series of the decision of Hon’ble Delhi High Court. 15. With respect to the addition of scrap sale as per ground number 5 of appeal, his arguments also remained the same as pertaining to the addition of the bogus purchase. He submitted that the same is included in the actual profitability…

ACIT, Central Circle- 26, New Delhi vs. Gd Foods Manufacturing (India) Pvt. Ltd., New Delhi

The appeal of the revenue is dismissed

Bench: Shri Prashant Maharishi & Shri K. N. Chary

…nts indicating undisclosed income was found during the course of search, therefore, the addition made was unjustified and deserves to be deleted on this account. He vehemently relied upon the decision of the Hon’ble Delhi High Court in CIT versus Kabul Chawla 380 ITR 573 (Delhi). He further supported the above contention by the series of the decision of Hon’ble Delhi High Court. 15. With respect to the addition of scrap sale as per ground number 5 of appeal, his arguments also remained the same as pertaining to the addition of the bogus purchase. He submitted that the same is included in the actual profitability…

ACIT, Central Circle- 26, New Delhi vs. Gd Foods Manufacturing (India) Pvt. Ltd., New Delhi

The appeal of the revenue is dismissed

Bench: Shri Prashant Maharishi & Shri K. N. Chary

…nts indicating undisclosed income was found during the course of search, therefore, the addition made was unjustified and deserves to be deleted on this account. He vehemently relied upon the decision of the Hon’ble Delhi High Court in CIT versus Kabul Chawla 380 ITR 573 (Delhi). He further supported the above contention by the series of the decision of Hon’ble Delhi High Court. 15. With respect to the addition of scrap sale as per ground number 5 of appeal, his arguments also remained the same as pertaining to the addition of the bogus purchase. He submitted that the same is included in the actual profitability…