CIT v. Pawan Gupta &Ors.

ACIT, CC- 26, New Delhi vs. Krishan Kumar Modi, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

ACIT, CC- 26, New Delhi vs. Krishan Kumar Modi, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

ACIT, CC- 26, New Delhi vs. Krishan Kumar Modi, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

ACIT, CC- 26, New Delhi vs. Krishan Kumar Modi, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

ACIT, CC- 26, New Delhi vs. Krishan Kumar Modi, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

ACIT, CC- 26, New Delhi vs. Krishan Kumar Modi, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

Sh. Krishan Kumar Modi, New Delhi vs. ACIT, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

Sh. Krishan Kumar Modi, New Delhi vs. ACIT, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

Sh. Krishan Kumar Modi, New Delhi vs. ACIT, New Delhi

In the result, the assessee's appeal is allowed

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Assessment Year: 2006-07 Assessment Year: 2012-13 Krishan Kumar Modi, Acit, A-1, Maharani Bagh, Central Circle – 2, New Delhi. New Delhi. Vs (Pan: Aanpm0159M)

…section 143(3) read with section 153A/153C of the Act is invalid. He vehemently relied upon the decision of the Hon’ble Supreme Court in the case of CIT vs. Hotel Blue Moon: 321 ITR 362 (SC) and the Delhi High Court in the case of CIT vs. Pawan Gupta &Ors.: 223 CTR 487 (Del), apart from various other decisions referred in the chart. The Ld. Counsel, in fairness, submitted that the aforesaid issue is covered against the assessee by the decision of the Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO: 337 ITR 399 (Del), though he tried to distinguish the said decision. ITA 2892 to 2894/D/2017 I…

Commissioner of Income Tax vs. Kuber Tobacco Products Pvt Ltd

The appeal stands disposed of

…of notice u/s 143(2) is mandatory both in the case of a regular assessment and a block assessment made under Chapter XIV B of the Act has been considered by the jurisdictional High Court of Delhi in the case of CIT vs. Pawan Gupta and Ors., reported in (2009) 223 CTR 487, where it has been held that where the A.O. is not inclined to accept the return of undisclosed income filed by the assessee, the procedure prescribed in Section 143(2) has to be followed, and if he does not issue a notice under Section 143(2) and  the assessment, such an assessment order would not be a mere irregular…