CIT v. Kabul Chawla

Pr. Commissioner of Income Tax -7 vs. Pilot Industries Limited

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

…essment years in which the assessments were completed under Section 143(3) of the Act and not in those years wherein no scrutiny assessment was carried out. 5. He submits that the ITAT has erred in relying on the judgement of this Court in CIT vs Kabul Chawla 380 ITR 573 (Del) without considering that this issue is pending before the Supreme Court. 6. A perusal of the paper book reveals that both CIT(A) and ITAT have given concurrent findings of fact that no incriminating material or corroborative material with respect to the statement of Mr. Vishesh Gupta was brought on record by the Department and that no asses…

Brainware Computers Pvt Ltd, New Delhi vs. ITO Ward - 5(2), New Delhi

In the result, both the appeals, being ITA nos

Bench: Shri Anil Chaturvedi & Shri Narender Kumar Choudhry

…1 ITA nos. 6107 & 6108/Del/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA Nos. 6107 & 6108/Del/2019 [Assessment Years: 2006-07 & 2007-08 Brainware Computers Pvt. Ltd., Vs Income-tax Officer, B-4/71A, Lawrence Road, Ward-5(2), New Delhi. New Delhi-110035 PAN: AAACB0607K APPELLANT RESPONDENT Assessee represented by: Sh. Rajeev Saxena, Ld. Adv. & Ms. Sumangla Saxena, Ld. ADV Department represented by: Sh. Ishtiyaque Ahmed, Ld. CIT(DR) &Sh. Kanav Bali, Ld. Sr. DR Date of hearing 29.09.2022…

Brainware Computers Pvt Ltd, New Delhi vs. ITO Ward - 5(2), New Delhi

In the result, both the appeals, being ITA nos

Bench: Shri Anil Chaturvedi & Shri Narender Kumar Choudhry

…1 ITA nos. 6107 & 6108/Del/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA Nos. 6107 & 6108/Del/2019 [Assessment Years: 2006-07 & 2007-08 Brainware Computers Pvt. Ltd., Vs Income-tax Officer, B-4/71A, Lawrence Road, Ward-5(2), New Delhi. New Delhi-110035 PAN: AAACB0607K APPELLANT RESPONDENT Assessee represented by: Sh. Rajeev Saxena, Ld. Adv. & Ms. Sumangla Saxena, Ld. ADV Department represented by: Sh. Ishtiyaque Ahmed, Ld. CIT(DR) &Sh. Kanav Bali, Ld. Sr. DR Date of hearing 29.09.2022…

M/S. Jindal (India) Ltd., West Bengal vs. ACIT, New Delhi

In the result, all the three appeals of the assessee are allowed for the reasons given here in above

Bench: Sh. N.K. Billaiya & Sh. Kul Bharat

…ear A.Y .2007-08 becomes a non- abated assessment year, therefore, the same becomes nonest since nothing was found incriminating during the search proceedings and the ratio laid down by the Hon’ble Jurisdiction High Court of Delhi in the case of Kabul Chawla 380 ITR 573 squarely apply. 9. Per contra the DR strongly supported the findings of the AO. 10. We have carefully perused the orders of the authorities below. The Hon’ble Delhi High Court in the case of Kabul Chawla (supra) has categorically held that a non-abated assessment can only be reopened u/s. 153A of the Act if during the course of the search proce…

M/S. Jindal (India) Ltd., West Bengal vs. ACIT, New Delhi

In the result, all the three appeals of the assessee are allowed for the reasons given here in above

Bench: Sh. N.K. Billaiya & Sh. Kul Bharat

…ear A.Y .2007-08 becomes a non- abated assessment year, therefore, the same becomes nonest since nothing was found incriminating during the search proceedings and the ratio laid down by the Hon’ble Jurisdiction High Court of Delhi in the case of Kabul Chawla 380 ITR 573 squarely apply. 9. Per contra the DR strongly supported the findings of the AO. 10. We have carefully perused the orders of the authorities below. The Hon’ble Delhi High Court in the case of Kabul Chawla (supra) has categorically held that a non-abated assessment can only be reopened u/s. 153A of the Act if during the course of the search proce…

M/S. Jindal (India0 Ltd., West Bengal vs. ACIT, New Delhi

In the result, all the three appeals of the assessee are allowed for the reasons given here in above

Bench: Sh. N.K. Billaiya & Sh. Kul Bharat

…ear A.Y .2007-08 becomes a non- abated assessment year, therefore, the same becomes nonest since nothing was found incriminating during the search proceedings and the ratio laid down by the Hon’ble Jurisdiction High Court of Delhi in the case of Kabul Chawla 380 ITR 573 squarely apply. 9. Per contra the DR strongly supported the findings of the AO. 10. We have carefully perused the orders of the authorities below. The Hon’ble Delhi High Court in the case of Kabul Chawla (supra) has categorically held that a non-abated assessment can only be reopened u/s. 153A of the Act if during the course of the search proce…

The Pr. Commissioner of Income Tax -Central -1 vs. Gautam Bhalla

Appeal is dismissed

Bench: The Supreme Court In Many Other Cases Including Cit V Continental Warehousing Corporation (Nhava Sheva) Ltd., (2015) 374 Itr 645. 4. Upon A Perusal Of The Paper Book, This Court Finds That Both The Cit(A) & The Itat Have Given Concurrent Findings Of Fact That No Incriminating Material / Evidence Had Been Found During The Search. The

…ment under Section 153A of the Income Tax Act, 1961 (for short ‘Act’) and, consequently, deleted the addition without going into merits of the same. 3. He states that the ITAT has erred in relying upon the judgement of this Court in CIT vs Kabul Chawla (2016) 380 ITR 573 ignoring the fact Digitally Signed By:JASWANT SINGH RAWAT Signing Date:19.10.2022 19:23:42 Signature Not Verified Neutral Citation Number: 2022/DHC/004377 ITA 410/2022 Page 2 of 5 that Revenue's SLPs on similar issue are pending before the Supreme Court in many other cases including CIT v Continental Warehousing Corporation (Nhava Sheva) Ltd.,…