CIT v. Paradise Holidays

325 ITR 13High Court2010#1046 most cited

What is CIT v. Paradise Holidays authority for?

Regularly maintained and audited books of account, free from auditor qualifications, are presumed correct. The Revenue bears the onus to prove specific defects or unreliability to justify rejecting such books under Section 145(3) or making additions.

104

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Paradise Holidays · 325 ITR 13 · Section 145(3) · rejection of books of account · audited books · onus of proof Revenue · specific defects · Section 145 · Section 143(3) · presumption correctness books

Issues it is cited on

Judgments citing CIT v. Paradise Holidays

INCOME TAX OFFICER, WARD-1(3), LUDHIANA, LUDHIANA vs. SHREE BALAJI PROCESSORS, LUDHIANA

The appeal stands dismissed

ITA 797/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh24 Nov 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No. 797/Chandi/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Ito Ward 1(3) Shree Balaji Processors बनाम/ Ludhiana – 141001 Tajpur Road, Opp. Central Jail Vs. Ludhiana - 141010 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Actfs-8428-B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Sudhir Sehgal (Advocate) - Ld. Ar Revenue By : Shri Bharat Bhushan Garg (Cit) – Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 11-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 24/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2016-17 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] Dated 18-10-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 23-12-2018 Rejecting Books Of The Assessee & Assessing Business Profit Of Rs.12.81 Crores. The Ld. Cit(A) Reversed The Action Of Ld. Ao Against Which The Revenue Is In Further Appeal Before Us With Following Grounds Of Appeal: - 1. That The Cit(A), Ludhiana Has Erred In Law, In Deleting Addition Of Rs.12,01,85,191/- Made By The Assessing Officer On Account Of Rejecting The Books Of Accounts U/S 145(3) Of The Act.

For Appellant: Shri Sudhir Sehgal (Advocate) - Ld. ARFor Respondent: Shri Bharat Bhushan Garg (CIT) – Ld. DR (Virtual)
Section 142(1)Section 143(3)Section 145(3)

…s wherein it has been held that no specific defect or discrepancy in the books of accounts maintained by the appellant has been pointed out by the AO then there is no reason to reject the books of accounts of the appellant. a. CIT vs. Paradise Holidays (2010) 325 ITR 13 (Del HC) Where the AO has not pointed out any specific defect or discrepancy in the account books maintained by the appellant which are duly audited by an independent chartered accountant, there was no justification in rejecting the books of accounts and making the addition to the declared income. b. CIT vs. Smt. Poonam Rani (2010) 326 ITR 223 (De…

SINGAL AND SONS CONSTRUCTION PVT LTD,DELHI vs. ITO WARD - 4 , HISAR

In the result, ground raised by the assessee is partly allowed

ITA 264/DEL/2024[2017-18]Status: DisposedITAT Delhi10 Jul 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmansingal & Sons Construction Pvt. Ltd., Vs. Ito, Ward 4, Behind Sbi Main Branch, Hisar. Delhi Road, Hisar – 125 001 (Haryana). (Pan : Aaccs0362C) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Manish Gupta, Sr. Dr Date Of Hearing : 10.07.2025 Date Of Order : 10.07.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi (For Short ‘Ld. Cit (A)) Dated 06.11.2023 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income Declaring Income Of Rs.5,90,940/- On 29.10.2017 For The Ay 2017-18. The Case Was Selected For Complete Scrutiny Through Cass. Accordingly, Notices

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Manish Gupta, Sr. DR
Section 143(2)Section 145(3)Section 41(1)Section 43B

…the Chartered Accountant in compliance of section 44AB of the Act on the basis of presumptions without making any further investigation was erroneous and not appreciable. The Hon'ble jurisdictional Delhi High court in the case of CIT v Paradise Holidays(2010) 325 ITR 13 (Delhi) held as under:- 6. The Assessing Officer has not pointed out any specific defect or discrepancy in the Account Books maintained by the assessee. Admittedly, the assessee had been maintaining regular Books of Accounts, which were duly audited by an independent Chartered Accountant. As noted by CIT(A), the financial results were fully suppor…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, FARIDKOT

In the result, both the appeals and the Cross Objections are dismissed

ITA 992/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh25 Jun 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Years: 2017-18, 2016-17 The Dcit, Vs Malbros International Pvt. Ltd., Central Circle-2, Village – Mansoorwal, Teh-Zira, Ludhiana. Head Offices Old Cantt. Road, Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent & C.O. Nos. 46 & 45/Chd/2024 In आयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18, 2016-17 Malbros International Pvt. Ltd., The Dcit, Village – Mansoorwal, Teh-Zira, Vs Central Circle-2, Head Offices Old Cantt. Road, Ludhiana. Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 14.05.2025 Date Of Pronouncement : 25.06.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 249Section 253Section 3Section 5

…d 25.06.2012. e) ITO vs. M/s Rajeev & Company in ITA No. 46/Lkw/2012 vide order dated 17.12.2014 f) 315 ITR 185 (P&H) CIT vs. OM Overseas g) 320 ITR 116 (All) CIT vs. Mascot India Tools & Forgings (P) Ltd. h) 64 DTR 409 (Jai) Asstt. CIT vs. Shankar Exports i) 325 ITR 13 (Del) CIT vs. Paradise Holidays “6 The AO has not pointed out any specific defect or discrepancy in the account books maintained by the assessee. Admittedly, the assessee had been maintaining regular books of accounts, which were duly audited by an independent chartered accountant. As noted by CIT(A), the financial results were fully supported by…

SUSHIL KUMAR,DELHI vs. ACIT, CIRCLE - 22(2), DELHI

In the result, Appeal of the Assessee is allowed

ITA 3482/DEL/2024[2022-23]Status: DisposedITAT Delhi04 Jun 2025AY 2022-23

Bench: Shri M. Balaganesh & Sh. Yogesh Kumar U.S.Sushil Kumar Vs. Acit Shreeram Overseas Circle-22(2) 5520, Bastiharpull C. R. Building, Singh, Sadar Bazar, Delhi Delhi Pan: Aalpk5068M Appellant Respondent Assessee By Sh. Amit Goel, Adv & Sh. Pranav Yadav, Adv Revenue By Sh. Mahesh Kumar, Cit(Dr) Date Of Hearing 07/05/2025 Date Of Pronouncement 04/06/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of The Ld. Cit(A)/National Faceless Appeal Centre (‘Nfac)’ For Short)- Delhi Dated 10/07/2024 Pertaining To The Assessment Year 2022-23. 2. The Grounds Of Appeal Are As Under:- “1.On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Addition Of Rs. 12,50,99,530/- Made By The Ao 2. On The Facts & Circumstances Of The Case & In Law, The Assessing Officer Erred In Invoking Provisions Of Section 145(3)

Section 143(2)Section 143(3)Section 144Section 144BSection 145(3)

…held that in the absence of any material pointing towards falsehood of accounts books, addition of gross profit and rejection of books of accounts cannot be made. 12. The Hon'ble jurisdictional Delhi High court in the case of CIT v Paradise Holidays(2010) 325 ITR 13 (Delhi) held as under:- 8 Sushil Kumar Vs. ACIT 6. The Assessing Officer has not pointed out any specific defect or discrepancy in the Account Books maintained by the assessee. Admittedly, the assessee had been maintaining regular Books of Accounts, which were duly audited by an independent Chartered Accountant. As noted by CIT(A), the financial…

Showing 120 of 104 · Page 1 of 6

CIT v. Paradise Holidays (325 ITR 13) — Cited in 104 Judgments | BharatTax