CIT v. Orissa Corporation Pvt. Ltd.

M/S. Best Realtors (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best City Realtors (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best City Realtors (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best City Developers (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best City Developers India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best City Projects (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best City Projects (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best Infrastructure (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best Infrastructure (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best Infrastructure (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

M/S. Best Infrastructure (India) Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

…th February, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (ix) Suncity Projects Pvt.Ltd. Vs. DCIT & others – ITA No.14/Del/2012 and others, order dated 21st March, 2016 of ITAT, Delhi Bench ‘G’, New Delhi. (x) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 33. He further submitted that the Assessing Officer made the addition mainly on the basis of the statement of Shri Tarun Goyal wherein he has allegedly stated to have provided the accommodation entries to the assessee. He stated that the statement of Shri Tarun Goyal was recorded behind the back of the assessee and the assessee was never al…

ACIT, New Delhi vs. M/S. Suncity Projects Pvt. Ltd., New Delhi

In the result, the appeals of the Revenue for the all the years are dismissed and the appeal of the assessee for assessment year 2004-05

Bench: Shri Before Shri G.D. Agrawalbefore Shri Before Shri G.D. Agrawalg.D. Agrawal & G.D. Agrawal & And & Shri Shri Chandra Mohan Garg Shri Shri Chandra Mohan Garg Chandra Mohan Gargchandra Mohan Garg

…(iii) CIT Vs. Fair Finvest Ltd. – [2013] 357 ITR 146 (Delhi). (iv) CIT Vs. Goel Sons Golden Estate P.Ltd. – ITA No.212/2012 (Delhi). (v) CIT Vs. Gangeshwari Metal Pvt.Ltd. – [2014] 361 ITR 10 (Delhi). (vi) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 50. We have considered the rival submissions and perused relevant material placed before us. The Assessing Officer, at page 7 paragraph 4.9 of his order, has mentioned “The assessee has filed its reply dated 15-12-2010 alongwith documents stated therein and the same has been duly examined and placed on records of each assessment year”. 33…

ACIT, New Delhi vs. M/S. Suncity Projects Pvt. Ltd., New Delhi

In the result, the appeals of the Revenue for the all the years are dismissed and the appeal of the assessee for assessment year 2004-05

Bench: Shri Before Shri G.D. Agrawalbefore Shri Before Shri G.D. Agrawalg.D. Agrawal & G.D. Agrawal & And & Shri Shri Chandra Mohan Garg Shri Shri Chandra Mohan Garg Chandra Mohan Gargchandra Mohan Garg

…(iii) CIT Vs. Fair Finvest Ltd. – [2013] 357 ITR 146 (Delhi). (iv) CIT Vs. Goel Sons Golden Estate P.Ltd. – ITA No.212/2012 (Delhi). (v) CIT Vs. Gangeshwari Metal Pvt.Ltd. – [2014] 361 ITR 10 (Delhi). (vi) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 50. We have considered the rival submissions and perused relevant material placed before us. The Assessing Officer, at page 7 paragraph 4.9 of his order, has mentioned “The assessee has filed its reply dated 15-12-2010 alongwith documents stated therein and the same has been duly examined and placed on records of each assessment year”. 33…

Suncity Projects Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the Revenue for the all the years are dismissed and the appeal of the assessee for assessment year 2004-05

Bench: Shri Before Shri G.D. Agrawalbefore Shri Before Shri G.D. Agrawalg.D. Agrawal & G.D. Agrawal & And & Shri Shri Chandra Mohan Garg Shri Shri Chandra Mohan Garg Chandra Mohan Gargchandra Mohan Garg

…(iii) CIT Vs. Fair Finvest Ltd. – [2013] 357 ITR 146 (Delhi). (iv) CIT Vs. Goel Sons Golden Estate P.Ltd. – ITA No.212/2012 (Delhi). (v) CIT Vs. Gangeshwari Metal Pvt.Ltd. – [2014] 361 ITR 10 (Delhi). (vi) CIT, Orissa Vs. Orissa Corporation P.Ltd. – [1986] 159 ITR 78 (SC). 50. We have considered the rival submissions and perused relevant material placed before us. The Assessing Officer, at page 7 paragraph 4.9 of his order, has mentioned “The assessee has filed its reply dated 15-12-2010 alongwith documents stated therein and the same has been duly examined and placed on records of each assessment year”. 33…

ACIT, Meerut vs. M/S. Gangol Sahkari Dugdh Utpadak Sangh Ltd., Meerut

The appeal is dismissed

Bench: Shri I.C. Sudhir & Shri Prashant Maharishi Assessment Year: 2010-11 Acit, Vs. Gangol Sahkari Dugdh Circle-1, Utpadak Sangh Ltd., Meerut. Gangol Road, Partapur, Meerut. (Pan: Aaaag0147K) (Appellant) (Respondent) Assessee By: Shri R.K. Garg, Adv. Department By: Shri Bharat Bhushan Garg, Sr. Dr Date Of Hearing : 18 .12.2015 Date Of Pronouncement: 16 :03.2016 Order Per I.C. Sudhir:The Revenue Has Questioned First Appellate Order Whereby The Learned Cit(Appeals) Has Deleted The Addition Of Rs.4,51,24,795 Made By The Assessing Officer On Account Of Unconfirmed Liability. 2. In Support Of The Ground, The Learned Senior Dr Has Placed Reliance On The Assessment Order With The Submission That The Learned Cit(Appeals) Has Accepted The Version Of The Assessee Regarding Unconfirmed Balances Of Sundry Creditors Worth Rs.4,51,24,795 Without Proper Verification Of The Fact.

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH “Meerut Camp at MEERUT ) BEFORE SHRI I.C. SUDHIR AND SHRI PRASHANT MAHARISHI Assessment Year: 2010-11 ACIT, vs. Gangol Sahkari Dugdh Circle-1, Utpadak Sangh Ltd., Meerut. Gangol Road, Partapur, Meerut. (PAN: AAAAG0147K) (Appellant) (Respondent) Assessee by: Shri R.K. Garg, Adv. Department by: Shri Bharat Bhushan Garg, Sr. DR Date of hearing : 18 .12.2015 Date of pronouncement: 16 :03.2016 ORDER PER I.C. SUDHIR: JUDICIAL MEMBER The Revenue has questioned first appellate order whereby the Learned CIT(Appeals) has deleted the addition of Rs.4,51,24,795 made by the As…

Sachin Kumar, Meerut vs. ITO, Meerut

The appeal is allowed

Bench: Shri I.C. Sudhir & Shri Prashant Maharishi Assessment Year: 2009-10 Sachin Kumar, Vs. Ito, C/O. Mehra & Co., Ca, Ward-2(3), 7-Rajeshwari Palace, Near New Delhi. Commissioner Residence, Civil Lines, Meerut. (Pan: Acopk5840N) (Appellant) (Respondent) Assessee By: Shri Chander Mehra, Ca Department By: Shri Bharat Bhushan Garg, Sr. Dr Date Of Hearing : 17 .12.2015 Date Of Pronouncement: 15:03.2016 Order Per I.C. Sudhir:The Assessee Has Questioned First Appellate Order On The Sole Ground That The Learned Cit(Appeals) Has Erred In Upholding The Addition Of Rs.18,58,100 Made By The Assessing Officer Under Sec. 68 Of The Income-Tax Act, 1961. In Support Of The Ground, The Learned Ar Submitted That During The Year The Assessee Has Taken Gift Of Rs.18,58,100 Consisting Of Rs.6 Lacs From His Father Shri Balraj Singh, Rs.10 Lacs From His Sister Smt. Anju, Rs.4 Lacs Each From His Uncle Shri Raghuraj Singh & Shri Davender Kumar & Rs.3 Lacs Was Received From Shri Dev Raj Another Uncle Of The Assessee. He Submitted That Gifts Were Received In Cash On Various Dates & The Assessee

…remand report of the Assessing Officer and reply of the assessee thereto. The Learned AR also placed reliance on the following decisions: i) CIT vs. Landmark Innovation (P) Ltd. (2013) – 38 Taxmann.com 217 (All.); 3 ii) CIT vs. Orissa Corporation (P) Ltd. – 159 ITR 78 (SC); iii) Varender Singh vs. ITO – ITA No. 6011/Del/2010 (2012) – 31 CCH 467 (Del.) ; iv) v) Subhash Chand vs. ITO – ITA No. 4928/Del/2009 (2012) – 32 CCH 474 (Del.); 2. The Learned Senior DR placed reliance on the orders of the authorities below with the submission that onus lies upon the claimant to establish the genuineness of the claim to wh…

M/S. Goel & Jain Moulds Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is dismissed

Bench: Shri I.C.Sudhir & Shri O.P. Kantassessment Year: 2006-07

…ers and persons who provided unsecured loans to the AO, despite that, the AO did not examine the creditworthiness, identity and genuineness of the share holders and unsecured loan providers. The Ld. AR relying on the judgments CIT vs. Orissa Corporation 1986, 159 ITR 78 submitted that the Assessing Officer was required to conduct inquiry in the particulars of the creditors furnished by the assessee. The ld. AR further submitted that the PAN Card or the voter ID is one of the valid identity proof but same was not accepted by the Ld. CIT(A) in support of the identity. The ld. AR also submitted that all the loans we…

Mr. Hitendra Pal Singh, New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2009-10 Sh. Hitendra Pal Singh, C/O- Vs. Income Tax Officer, Ward 37(1), Vinod Rawat, C.A., Vishal New Delhi Tower, District Centre, Janakpuri, New Delhi. (Pan: Akaps3100R) (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘C’: NEW DELHI BEFORE SH. I.C. SUDHIR, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2009-10 Sh. Hitendra Pal Singh, C/o- Vs. Income Tax Officer, Ward 37(1), Vinod Rawat, C.A., Vishal New Delhi Tower, District Centre, Janakpuri, New Delhi. (PAN: AKAPS3100R) (Appellant) (Respondent) Appellant by Sh. P.C. Yadav, Advocate Respondent by Sh. T. Vasanthan, Sr. DR Date of hearing 19.01.2016 Date of pronouncement 24.02.2016 ORDER PER O.P. KANT, A.M.: This appeal of the assessee is directed against the order dated 22.08.2013 of the Commissioner of…

ITO, Ghaziabad vs. M/S Shah Associates, Ghaziabad

In the result, the appeal of the Revenue is dismissed

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Chandra Mohan Garg Shri Chandra Mohan Gargshri Chandra Mohan Garg Shri Chandra Mohan Garg

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI BENCH ‘ DELHI DELHI BENCH ‘ BENCH ‘G’ : NEW DELHI BENCH ‘ ’ : NEW DELHI ’ : NEW DELHI ’ : NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND AND BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND , JUDICIAL MEMBER SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG , JUDICIAL MEMBER , JUDICIAL MEMBER ITA No 36/De…