ACIT, CENTRAL CIRCLE-15, NEW DELHI vs. LUXMAN BUILDERS PVT. LTD., NEW DELHI
In the result, the CO filed by the assessee is allowed and the appeal filed by the Revenue is dismissed
ITA 817/DEL/2018[2010-11]Status: DisposedITAT Delhi14 Dec 2021AY 2010-11
Bench: Shri R.K. Panda & Shri Kul Bharatassessment Year: 2010-11 Acit, Vs Lumax Builders Pvt. Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Bengali Market, New Delhi. Pan: Aaacl2184R Co No.93/Del/2018 (Ita No.817/Del/2018) Assessment Year: 2010-11 Lumax Builders Pvt. Ltd., Vs. Acit, 25, Bazar Lane, Central Circle-15, Bengali Market, New Delhi New Delhi. Pan: Aaacl2184R (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Lalit Mohan, Advocate Revenue By : Ms Paramita M. Biswas, Cit, Dr Date Of Hearing : 16.09.2021 Date Of Pronouncement : 14.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 3Rd November, 2017 Of The Cit(A)-26, New Delhi, Relating To Assessment Year 2010- 11. Co No.93/Del/2018 2. The Assessee Has Filed The Co Against The Appeal Filed By The Revenue. For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.
For Appellant: Shri Gautam Jain, Advocate &For Respondent: Ms Paramita M. Biswas, CIT, DR
Section 132Section 132(4)Section 153A
…see has miserably failed to prove all the three ingredients required as per the provisions of section 68 of the IT Act. Referring to the following decisions, he submitted that the addition made by the AO was fully justified:- (i) CIT vs MAF Academy Pvt. Ltd., 361 ITR 258; (ii) CIT vs. Navodaya Castles Pvt. Ltd. 367 ITR 306; (iii) Konark Structural Engineering (P) Ltd. vs. DCIT, 90 taxmann.com 56 (Bom); 18 CO No.93/Del/2018 (iv) Prem Castings (P) Ltd. vs. DCIT, 88 taxmann.com 189; (v) CIT Vs. Nipun Builders & Developers Pvt. Ltd. 350 ITR 407; (vi) CIT vs Nova Promoters & Finlease (P) Ltd.,342 ITR 169; (vii) CIT v…