CIT v. Kabul Chawla

380 ITR 573High Court2016#3 most cited

What is CIT v. Kabul Chawla authority for?

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

3,235

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Kabul Chawla · Kabul Chawla · section 153A · section 132 · incriminating material · search assessment · non-abated years · scope of assessment · additions · undisclosed income

Also reported as

61 Taxmann.com 412234 Taxmann 300281 CTR 45

Sections most often in play

Section 153ASection 132Section 143(3)Section 147Section 148Section 153CSection 132ASection 143(2)
Read the full judgment

Issues it is cited on

section 158bcstatement under section 132(4)section 132asection 158bblock periodsection 132(1)section 153a(1)section 158section 153bsearch assessmentpanchnamaincriminating material

Judgments citing CIT v. Kabul Chawla

ACIT, Central Circle-3, Jaipur vs. Laxmi Narain Agarwal, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 1023/JPR/2015[2010-11]Status: DisposedITAT Jaipur21 Mar 2018AY 2010-11
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…ears are not sustainable in law. In support of his contention he has relied upon the decision of Hon’ble Jurisdiction High Court in case of Jai Steel (India) vs ACIT 259 CTR 281 as well as decision of Hon’ble Delhi High Court in case of CIT vs. Kabul Chawla 380 ITR 573. The ld. AR has also relied upon the decision of Coordinate Bench of this Tribunal dated 27.12.2017 in case of M/s Gorbandh Marbles Pvt. Ltd. vs. DCIT in ITA No. 605/JP/2017. Thus, the ld. AR has submitted that when the assessments for the assessment years 2009- 10 & 2010-11 were already stood completed as on the date of search and no incrimi…

ACIT, Central Circle-3, Jaipur vs. Laxmi Narain Agarwal, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 1022/JPR/2015[2009-10]Status: DisposedITAT Jaipur21 Mar 2018AY 2009-10
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…ears are not sustainable in law. In support of his contention he has relied upon the decision of Hon’ble Jurisdiction High Court in case of Jai Steel (India) vs ACIT 259 CTR 281 as well as decision of Hon’ble Delhi High Court in case of CIT vs. Kabul Chawla 380 ITR 573. The ld. AR has also relied upon the decision of Coordinate Bench of this Tribunal dated 27.12.2017 in case of M/s Gorbandh Marbles Pvt. Ltd. vs. DCIT in ITA No. 605/JP/2017. Thus, the ld. AR has submitted that when the assessments for the assessment years 2009- 10 & 2010-11 were already stood completed as on the date of search and no incrimi…

Principal Commissioner of Income Tax(Central)-3 vs. Gahoi Chemicals Pvt. Ltd

ITA/301/2018HC Delhi14 Mar 2018

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

Section 132Section 68

…been established. The additions were confirmed by the Appellate Commissioner, but, directed to be ITA 301/2018 Page 1 of 2 deleted by the Tribunal, which followed this Court’s rulings in Commissioner of Income Tax vs. Kabul Chawla, 380 ITR 573 and Commissioner of Income Tax vs. Meeta Gutgutia, 395 ITR 526. Since concededly the search assessment was completed not on the basis of fresh incriminating material seized or recovered in the search and seizure operation under Section 132 of the Income Tax Act, the AO relied upon the materials that were already on the record to form anot…

Pr.Commisioner of Income Tax-1 vs. Rakesh Kumar Garg

ITA/1029/2017HC Delhi12 Mar 2018

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

Section 132Section 143Section 143(2)Section 153A

…se i.e. order dated 19.10.2016. The appeals before this Court related to ITA No.2083 & 2833/Del/2012. This Court was of the opinion that the decision in Commissioner of Income Tax v. Kabul Chawla ITA 984/2017 & connected matters Page 4 of 5 380 ITR 573 concludes the issue as no incriminating material relating to the assessee was found. This Court further holds that the analysis of the ITAT in the circumstances, appears to be correct firstly for the reason that the previous assessments had adverted to the genuineness of the transactions vis-a-vis Nageshwar Investments in the course of a…

Pr.Commisioner of Income Tax-1 vs. Kusum Lata Garg

ITA/94/2018HC Delhi12 Mar 2018

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

Section 132Section 143Section 143(2)Section 153A

…se i.e. order dated 19.10.2016. The appeals before this Court related to ITA No.2083 & 2833/Del/2012. This Court was of the opinion that the decision in Commissioner of Income Tax v. Kabul Chawla ITA 984/2017 & connected matters Page 4 of 5 380 ITR 573 concludes the issue as no incriminating material relating to the assessee was found. This Court further holds that the analysis of the ITAT in the circumstances, appears to be correct firstly for the reason that the previous assessments had adverted to the genuineness of the transactions vis-a-vis Nageshwar Investments in the course of a…

Asstt.Commissioner of Income Tax 1(2), Raipur (Cg) vs. M/S Maruti Clean Coal & Power Ltd, Raipur(Cg)

ITA 98/BIL/2012[2004-05]Status: DisposedITAT Raipur07 Mar 2018AY 2004-05

Bench: Shri N.K. Billaiya & Shri Ram Lal Negi)

For Appellant: Shri P.K. Mishra, D.RFor Respondent: Shri Salil Kapoor, Adv. , Raman
Section 139Section 142Section 143Section 143(3)Section 147Section 148Section 153ASection 68

…ent is bad in law as it has been framed u/s. 153A r.w.s. 143(3) of the Act without there being any incriminating material found at the time of search. Strong reliance was placed in on the decision of the Hon’ble High Court of Delhi in the case of Kabul Chawla 380 ITR 573 and the decision of the Tribunal Kolkata Bench in the case of Peerless General Finance and Investment Company Ltd. 21 SOT 440. 11 & C.O. No. 01/RPR/16 and Others . A.Y. 2004-05 21. We have given a thoughtful consideration to the orders of the authorities below. We will first adhere to the challenge of the assessment on the ground that no incrimi…

ACIT, New Delhi vs. M/S. S P Singla Construction P Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 4594/DEL/2016[2009-10]Status: DisposedITAT Delhi27 Feb 2018AY 2009-10

Bench: Sh. N. K. Saini, Am & Sh. Bhavnesh Saini, Jm Ita No. 4593/Del/2016 : Asstt. Year : 2007-08 Ita No. 4594/Del/2016 : Asstt. Year : 2009-10 Acit, Vs S P Singla Construction P. Ltd., D/10, Flat No. 22, 1St Floor, Dda Central Circle-26, New Delhi Flats, Sector-7, Rohini, New Delhi (Appellant) (Respondent) Pan No. Aagcs5773B Assessee By : Sh. Ashwani Kumar, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 10.01.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 31.05.2016 Of Ld. Cit(A)-29, New Delhi.

For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. S. S. Rana, CIT DR
Section 132Section 139Section 143(1)Section 143(3)Section 147Section 148Section 153ASection 68

…AO even when no incriminating material was found during the course of search. A reference was made to paras 6.3 & 6.4 of the impugned order. Reliance was placed on the judgment of the Hon’ble Jurisdictional High Court in the case of CIT Vs Kabul Chawla (2016) 380 ITR 573. 12. We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case, it is an admitted fact that the original assessment was framed by the AO vide order dated 08.12.2009 u/s 143(3) of the Act, thereafter, the case was reopened and the assessment was framed u/s 147/143(3)…

ACIT, New Delhi vs. M/S. S P Singla Construction P Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 4593/DEL/2016[2007-08]Status: DisposedITAT Delhi27 Feb 2018AY 2007-08

Bench: Sh. N. K. Saini, Am & Sh. Bhavnesh Saini, Jm Ita No. 4593/Del/2016 : Asstt. Year : 2007-08 Ita No. 4594/Del/2016 : Asstt. Year : 2009-10 Acit, Vs S P Singla Construction P. Ltd., D/10, Flat No. 22, 1St Floor, Dda Central Circle-26, New Delhi Flats, Sector-7, Rohini, New Delhi (Appellant) (Respondent) Pan No. Aagcs5773B Assessee By : Sh. Ashwani Kumar, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 10.01.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 31.05.2016 Of Ld. Cit(A)-29, New Delhi.

For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. S. S. Rana, CIT DR
Section 132Section 139Section 143(1)Section 143(3)Section 147Section 148Section 153ASection 68

…AO even when no incriminating material was found during the course of search. A reference was made to paras 6.3 & 6.4 of the impugned order. Reliance was placed on the judgment of the Hon’ble Jurisdictional High Court in the case of CIT Vs Kabul Chawla (2016) 380 ITR 573. 12. We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case, it is an admitted fact that the original assessment was framed by the AO vide order dated 08.12.2009 u/s 143(3) of the Act, thereafter, the case was reopened and the assessment was framed u/s 147/143(3)…

Getamber Anand, Noida vs. DCIT, Noida

In the result, the appeal of the assessee stands

ITA 3127/DEL/2016[2004-05]Status: DisposedITAT Delhi27 Feb 2018AY 2004-05

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Amit Jain, Sr. DR
Section 142(1)Section 153Section 153ASection 271(1)(c)Section 68

…tsoever, to any seized/incriminating material found during the course of search which led the Assessing Officer to inquire about these gifts having been received from the assessee. The Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla reported in 380 ITR 573 (Del) has held that although section 153A does not say that additions should be strictly made on the basis of evidence found during the course of search or other post search material or information available with the Assessing Officer which can be related to the evidence found, it does not mean that the assessment can be arbitrary or made wit…

DCIT, New Delhi vs. M/S. M.N. Securities Pvt. Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 3833/DEL/2014[2006-07]Status: DisposedITAT Delhi27 Feb 2018AY 2006-07

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 3832/Del/2014 : Asstt. Year : 2005-06 Ita No. 3833/Del/2014 : Asstt. Year : 2006-07 Asstt. Commissioner Of Income Vs M/S M. N. Securities Pvt. Ltd., 8Th Floor, Statesman House, Tax, Central Circle-19, New Delhi Barakhamba Road, New Delhi-110001 (Appellant) (Respondent) Pan No. Aadcm0102D Assessee By : Sh. Shashi Tulsiyan, Adv. Revenue By : Smt. Shefali Swroop, Cit Dr Date Of Hearing : 06.02.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 25.04.2014 Of Ld. Cit(A)-Xii, New Delhi.

For Appellant: Sh. Shashi Tulsiyan, AdvFor Respondent: Smt. Shefali Swroop, CIT DR
Section 132Section 142(1)Section 143(3)Section 153CSection 68

…ted by the ld. CIT(A). The reliance was placed on the following case laws: " ACIT Vs M/s New India City Developers P. L. in ITA No. 3639/Del/2014 order dated 10.04.2017 (Del. ITAT) " CIT Vs RRJ Securities (2016) 380 ITR 612 (Del.) " CIT Vs Kabul Chawla (2016) 380 ITR 573 (Del.) " DCIT Vs Gunvardhan Vyapaar Pvt. Ltd. (2014) 40 CCH 0164 (Del.) " All Cargo Global Logistics Ltd. Vs DCIT, CC-44, Mumbai 137 ITD 287 (Mumbai S.B.) " CIT Vs Virgin Securities & Credits (P) Ltd. (2011) 332 ITR 0396 (Del.) " Collector of Central Excise Vs ITC Ltd. 2 SCC 38 (SC) " CIT Vs Text Hundred India Pvt. Ltd. 351 ITR 57 (Del.) " Sarupc…

DCIT, New Delhi vs. M/S. M.N. Securities Pvt. Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 3832/DEL/2014[2005-06]Status: DisposedITAT Delhi27 Feb 2018AY 2005-06

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 3832/Del/2014 : Asstt. Year : 2005-06 Ita No. 3833/Del/2014 : Asstt. Year : 2006-07 Asstt. Commissioner Of Income Vs M/S M. N. Securities Pvt. Ltd., 8Th Floor, Statesman House, Tax, Central Circle-19, New Delhi Barakhamba Road, New Delhi-110001 (Appellant) (Respondent) Pan No. Aadcm0102D Assessee By : Sh. Shashi Tulsiyan, Adv. Revenue By : Smt. Shefali Swroop, Cit Dr Date Of Hearing : 06.02.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 25.04.2014 Of Ld. Cit(A)-Xii, New Delhi.

For Appellant: Sh. Shashi Tulsiyan, AdvFor Respondent: Smt. Shefali Swroop, CIT DR
Section 132Section 142(1)Section 143(3)Section 153CSection 68

…ted by the ld. CIT(A). The reliance was placed on the following case laws: " ACIT Vs M/s New India City Developers P. L. in ITA No. 3639/Del/2014 order dated 10.04.2017 (Del. ITAT) " CIT Vs RRJ Securities (2016) 380 ITR 612 (Del.) " CIT Vs Kabul Chawla (2016) 380 ITR 573 (Del.) " DCIT Vs Gunvardhan Vyapaar Pvt. Ltd. (2014) 40 CCH 0164 (Del.) " All Cargo Global Logistics Ltd. Vs DCIT, CC-44, Mumbai 137 ITD 287 (Mumbai S.B.) " CIT Vs Virgin Securities & Credits (P) Ltd. (2011) 332 ITR 0396 (Del.) " Collector of Central Excise Vs ITC Ltd. 2 SCC 38 (SC) " CIT Vs Text Hundred India Pvt. Ltd. 351 ITR 57 (Del.) " Sarupc…

Parag Dalmia, New Delhi vs. DCIT, Central Circle-26, New Delhi

In the result, the appeal filed by the assessee is partly allowed for

ITA 5499/DEL/2017[2006-07]Status: DisposedITAT Delhi26 Feb 2018AY 2006-07

Bench: Shri R. K. Panda & Shri Kuldip Singhassessment Year : 2006-07 Parag Dalmia, Dcit, Central Circle-26, A-238, Ground Floor, New Delhi. Vs. Okhla Industrial Area, Phase-1, New Delhi. Pan : Aaapd3725B (Appellant) (Respondent)

For Appellant: Shri Hiren Mehta, CAFor Respondent: Shri Vijay Verma, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 153ASection 271(1)(b)

…y incriminating document unearthed during the course of search. 3.1 That on the facts and circumstances of the case and in law the CIT(A) erred by not following the proposition of law laid down the jurisdictional High Court in the case of CIT Vs. Kabul Chawla 380 ITR 573 (Delhi). 4. That the impugned order passed by the CIT(A) is non-speaking, laconic, cryptic and devoid of cogent reasoning. 4.1 That on the facts and circumstances of the case ad in law the CIT(A) erred in not following the proposition laid down by the Hon'ble ITAT in the case of Bishwanath Goradia Vs. DCIT 78 taxmann.com 81 (Kol) and Shyam Sunder…

Surendra L. Hiranandani, Mumbai vs. Pr CIT Cen 1, Mumbai

In the result all the appeals for A

ITA 3226/MUM/2017[2008-09]Status: DisposedITAT Mumbai14 Feb 2018AY 2008-09

Bench: D.T. Garasia & Shri N. K. Pradhan

For Appellant: Shri Vijay MehtaFor Respondent: ShriManjunatha Swamy
Section 139Section 143(3)Section 153ASection 24Section 263

…3A have to be undertaken. The learned DR further relied upon decision of Hon’ble Karnataka High Court in case of Canara Housing Development and Co.and submitted this decision has been considered by the Hon’ble Delhi High Court in case of CIT Vs. Kabul Chawla [380 ITR 573 (Del) and the proposition canvassed inserted during the course of search. The Hon’ble Karnataka High Court has disprove the decision of All Cargo Global Logistics 137 ITD 287 (SB). The learned DR also relied upon the decision of Hon’ble Delhi High Court in case of CIT Vs. Anil Kumar Bhatiaand submitted that Assessing Officer is empowered to asses…

Madhusha Holdings P.Ltd, Mumbai vs. ITO 3(2)(2), Mumbai

The appeal of the assessee is partly allowed

ITA 6676/MUM/2013[2010-11]Status: DisposedITAT Mumbai25 Jan 2018AY 2010-11

Bench: Shri Joginder Singh & Shri Rajesh Kumar

Section 2(22)(e)

…was contended that in the absence of any incriminating material, the AO should not have made an addition. In support thereof the learned AR relied upon the order of the jurisdictional Delhi High Court in the case CIT (Central) – III versus Kabul Chawla [2016] 380 ITR 573 (Del). 10. On the issue of the merit, it was contended by the learned AR that the additions are untenable as the assessee has paid the advances to its subsidiary companies out of EEFC accounts. The EEFC account even otherwise does not earn any interest. The advances given to the subsidiary companies were in the nature of quasi capital and were f…

Madhusha Holdings P.Ltd, Mumbai vs. ITO 3(2)(2), Mumbai

The appeal of the assessee is partly allowed

ITA 6675/MUM/2013[2009-10]Status: DisposedITAT Mumbai25 Jan 2018AY 2009-10

Bench: Shri Joginder Singh & Shri Rajesh Kumar

Section 2(22)(e)

…was contended that in the absence of any incriminating material, the AO should not have made an addition. In support thereof the learned AR relied upon the order of the jurisdictional Delhi High Court in the case CIT (Central) – III versus Kabul Chawla [2016] 380 ITR 573 (Del). 10. On the issue of the merit, it was contended by the learned AR that the additions are untenable as the assessee has paid the advances to its subsidiary companies out of EEFC accounts. The EEFC account even otherwise does not earn any interest. The advances given to the subsidiary companies were in the nature of quasi capital and were f…

M/S Rajasthan Fort & Palace Pvt. Ltd., Jaipur vs. Deputy Commissioner of Income Tax, Jaipur

In the result, the appeals of the asessee are allowed

ITA 597/JPR/2017[2009-10]Status: DisposedITAT Jaipur24 Jan 2018AY 2009-10
For Appellant: Shri Manish Agrawal (C.A.)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 143(1)(a)Section 143(2)Section 143(3)Section 153ASection 40

…f income declared by the assessee. In support of his contention, he has relied upon the decision of Hon’ble jurisdiction High Court in case of Jai Steel India V ACIT 259 CTR 281 as well as decision of Hon’ble Delhi High Court in case of CIT v. Kabul Chawla 380 ITR 573 and submitted that the Hon’ble High Court has held that in case where nothing incriminating material is found though section 153A would be triggered an assessment or reassessment to ascertain total income is required to be done, the same would not result any addition and the assessment made earlier may have to be reiterated. Harmonious construc…

ITO 3(2)(2), Mumbai vs. Millennium Appliances India Ltd, Mumbai

The appeal of the Revenue is dismissed

ITA 5149/MUM/2015[2011-12]Status: DisposedITAT Mumbai18 Jan 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2011-12 Income Tax Officer-3(2)(2), M/S Millenium Room No.673, 6Th Floor, Appliances India Ltd. बनाम/ Aayakar Bhavan, 171-C, Mittal Court, Vs. M.K. Road, Nariman Point, Mumbai-400020 Mumbai-400021 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaccm7838D

Section 143(3)Section 144CSection 14ASection 153A

…was contended that in the absence of any incriminating material, the AO should not have made an addition. In support thereof the learned AR relied upon the order of the jurisdictional Delhi High Court in the case CIT (Central) – III versus Kabul Chawla [2016] 380 ITR 573 (Del). 5 M/s Millenium Appliances India Ltd. 10. On the issue of the merit, it was contended by the learned AR that the additions are untenable as the assessee has paid the advances to its subsidiary companies out of EEFC accounts. The EEFC account even otherwise does not earn any interest. The advances given to the subsidiary companies were in…

Sopariwala Exports, Mumbai vs. Asst CIT Cen Cir 44, Mumbai

Appeal stands allowed in terms of our above order

ITA 3077/MUM/2014[2006-07]Status: DisposedITAT Mumbai17 Jan 2018AY 2006-07

Bench: Shri D.T. Garasia, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos.3037, 3038 &3040/Mum/2014 (िनधा"रण वष" / Assessment Years: 2004-05 To 2006-07) Deputy Commissioner Of Sopariwala Exports Income Tax 21St Floor, Nirmal बनाम/ Central Circle-44 Nariman Point R.No.656,6T H Floor Mumbai-400 021 Vs. Aaykar Bhavan, M.K.Road Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No.3077/Mum/2014 (िनधा"रण वष" / Assessment Year: 2006-07) Sopariwala Exports Assistant Commissioner Of बनाम 21St Floor, Nirmal Income Tax Nariman Point Central Circle-44 / Vs. Mumbai-400 021 Mumbai "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Dr. K.Shivram, Ld. ARFor Respondent: Manjunatha Swamy,Ld. CIT(DR)
Section 132Section 143(3)Section 153ASection 92

…efore, we find that, at the moment, the issue stood squarely covered in assessee’s favor by the cited decision of jurisdictional Bombay High Court as rightly noted by Ld. CIT(A). Similar view has been taken by Hon’ble Delhi High Court in CIT Vs. Kabul Chawla [380 ITR 573]. Further, upon perusal of SLP No. 18560 of 2015 dated 12/10/2015 admitted by Hon’ble Supreme Court against the decision of Hon’ble Bombay High Court rendered in CIT Vs. Continental Warehousing Corporation [supra], we find that Hon’ble apex court has only admitted SLP against the ruling of the Hon'ble Bombay High Court's finding that no addition…

DCIT CC 44, Mumbai vs. Sopariwala Exports, Mumbai

Appeal stands allowed in terms of our above order

ITA 3037/MUM/2014[2005-06]Status: DisposedITAT Mumbai17 Jan 2018AY 2005-06

Bench: Shri D.T. Garasia, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos.3037, 3038 &3040/Mum/2014 (िनधा"रण वष" / Assessment Years: 2004-05 To 2006-07) Deputy Commissioner Of Sopariwala Exports Income Tax 21St Floor, Nirmal बनाम/ Central Circle-44 Nariman Point R.No.656,6T H Floor Mumbai-400 021 Vs. Aaykar Bhavan, M.K.Road Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No.3077/Mum/2014 (िनधा"रण वष" / Assessment Year: 2006-07) Sopariwala Exports Assistant Commissioner Of बनाम 21St Floor, Nirmal Income Tax Nariman Point Central Circle-44 / Vs. Mumbai-400 021 Mumbai "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Dr. K.Shivram, Ld. ARFor Respondent: Manjunatha Swamy,Ld. CIT(DR)
Section 132Section 143(3)Section 153ASection 92

…efore, we find that, at the moment, the issue stood squarely covered in assessee’s favor by the cited decision of jurisdictional Bombay High Court as rightly noted by Ld. CIT(A). Similar view has been taken by Hon’ble Delhi High Court in CIT Vs. Kabul Chawla [380 ITR 573]. Further, upon perusal of SLP No. 18560 of 2015 dated 12/10/2015 admitted by Hon’ble Supreme Court against the decision of Hon’ble Bombay High Court rendered in CIT Vs. Continental Warehousing Corporation [supra], we find that Hon’ble apex court has only admitted SLP against the ruling of the Hon'ble Bombay High Court's finding that no addition…

Asha Rani Lakhotia, New Delhi vs. ACIT, New Delhi

In the result, appeal of the assessee is allowed

ITA 424/DEL/2015[2007-08]Status: DisposedITAT Delhi16 Jan 2018AY 2007-08

Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2007-08 Vs. Acit, Central Circle-9, New Asha Rani Lakhotia (Through Legal Heir Sh. R.N. Delhi Lakhotia), S-228, Greater Kailash –Ii, New Delhi Pan : Aaapl0591K (Appellant) (Respondent)

Section 132Section 139(1)Section 143(2)Section 153A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘A’, NEW DELHI BEFORE SH. AMIT SHUKLA, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2007-08 Vs. ACIT, Central Circle-9, New Asha Rani Lakhotia (Through Legal Heir Sh. R.N. Delhi Lakhotia), S-228, Greater Kailash –II, New Delhi PAN : AAAPL0591K (Appellant) (Respondent) Appellant by Sh. P.C. Yadav, Adv. Respondent by Smt. Aparna Karan, CIT(DR) Date of hearing 18.12.2017 Date of pronouncement 16.01.2018 ORDER PER O.P. KANT, A.M.: This appeal by the assessee is directed against order dated 27/11/2014 passed by the learned Commissioner of…