CIT v. Rajan Nanda

349 ITR 8High Court2012#5727 most cited
21

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

Issues it is cited on

Judgments citing CIT v. Rajan Nanda

JAG MOHAN,DELHI vs. DCIT, CENTRAL CIRCLE- 18, NEW DELHI

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 7055/DEL/2017[2014-15]Status: DisposedITAT Delhi07 Jan 2026AY 2014-15

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं.7055/धिल्ली/2017(नि.व. 2014-15) Jag Mohan, 354, Tarun Enclave, Pitampura, ...... अपीलार्थी/Appellant Delhi 110034 Pan Ahdpm-3671-M बिाम Vs. Deputy Commissioner Of Income Tax, ..... प्रनिवादी/Respondent Circle-18, New Delhi अपीलार्थी द्वारा/ Appellant By : S/Shri Raghav Sharma, Mohit Gupta, Chartered Accountants & Ms. Chandrima Choudhary, Advocate प्रधिवािीद्वारा/Respondent By : Ms. Namita Khurana Cit-Dr & Shri Om Prakash, Sr.Dr सुिवाई की निथर्थ/ Date Of Hearing : 10/10/2025 घोषणा की निथर्थ/ Date Of Pronouncement: 07/01/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-28, New Delhi [In Short ‘The Cit(A)’] Dated 18/09/2017, For Assessment Year 2014-15. 2. A Search & Seizure Operation U/S.132 Of The Income Was Conducted On 26.08.2013 In The Case Of Mohan India Group. The Assessee Is One Of The Directors Of Mohan India Group & The Assessee Was Also Covered Under Said Search. During

For Appellant: S/Shri Raghav Sharma, Mohit Gupta, CharteredFor Respondent: Ms. Namita Khurana CIT-DR &
Section 132Section 143(3)Section 153A

…that for any addition to be valid in assessment, it must not only fall within the definition of income, must also be chargeable to tax under the charging provision. To support his argument he placed reliance of the following decisions: - CIT vs. Rajan Nanda 349 ITR 8 (Delhi); and - Nanikant Ambalal Mody vs CIT 61 ITR 428 (SC). 3.4 Next ld. AR of the assessee contended that the assessment order in the case of the assessee is verbatim to the assessment order dated 31.03.2016 passed in the case of Mohan India P. Ltd. for AY 2013-14. He submitted that a perusal of the assessment order in the case of Mohan India P.…

DCIT CENT. CIR-4(2), MUMBAI vs. M/S. K. RAHEJA PVT. LTD, MUMBAI

In the result, the appeal of the assessee is allowed and the appeal of the Revenue stands dismissed

ITA 2218/MUM/2021[2018-19]Status: DisposedITAT Mumbai03 Aug 2022AY 2018-19

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1970/Mum/2021 (निर्धारण वर्ा / Assessment Year:2018-19) K. Raheja Pvt. Ltd. बिधम/ Dcit Central Circle-4(2) Raheja Tower, Plot No. C- Room No.1918, Air India Vs. 30, Oppo. Sidbi, Bandra Building, Nariman Point- Kurla Complex, Bandra (E), 400021. Mumbai-400051. आयकर अपील सं/ I.T.A. No. 2218/Mum/2021 (निर्धारण वर्ा / Assessment Year:2018-19) Dcit Central Circle-4(2) बिधम/ K. Raheja Pvt. Ltd. Room No.1918, Air India Raheja Tower, Plot No. C-30, Vs. Building, Nariman Point- Oppo. Sidbi, Bandra Kurla 400021. Complex, Bandra (E), Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaack1949H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Smt. Neelam Shukla (Dr) सुनवाई की तारीख / Date Of Hearing: 17/06/2022 घोषणा की तारीख /Date Of Pronouncement: 03/08/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Cross Appeals Preferred By The Assessee & The Revenue Against The Order Of The Ld. Cit(A)-52, Mumbai Dated 08.09.2021 For The A.Y.2018-19. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: -

For Appellant: Shri Vijay MehtaFor Respondent: Smt. Neelam Shukla (DR)
Section 132Section 132(4)Section 139(1)Section 14A

…18-19 K. Raheja Pvt. Ltd. borrowed funds to a sister concern from the point of view of commercial expediency and not from the point of view whether the amount was advanced for earning profits." 34. The Hon'ble Supreme Court in the case of CIT Vs Rajan Nanda (349 ITR 8), has observed as under: — "25. After giving our due and thoughtful consideration to the submissions of the parties of both sides, we feel that the assessee has been able to make out a case in its favour and order of the Tribunal does not call for any interference. We are persuaded by the following reasons in support of this view of ours: (i) to…

K RAHEJA PVT. LTD,MUMBAI vs. DCIT CENT. CIR-4(2), `MUMBAI

In the result, the appeal of the assessee is allowed and the appeal of the Revenue stands dismissed

ITA 1970/MUM/2021[2018-19]Status: DisposedITAT Mumbai03 Aug 2022AY 2018-19

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1970/Mum/2021 (निर्धारण वर्ा / Assessment Year:2018-19) K. Raheja Pvt. Ltd. बिधम/ Dcit Central Circle-4(2) Raheja Tower, Plot No. C- Room No.1918, Air India Vs. 30, Oppo. Sidbi, Bandra Building, Nariman Point- Kurla Complex, Bandra (E), 400021. Mumbai-400051. आयकर अपील सं/ I.T.A. No. 2218/Mum/2021 (निर्धारण वर्ा / Assessment Year:2018-19) Dcit Central Circle-4(2) बिधम/ K. Raheja Pvt. Ltd. Room No.1918, Air India Raheja Tower, Plot No. C-30, Vs. Building, Nariman Point- Oppo. Sidbi, Bandra Kurla 400021. Complex, Bandra (E), Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaack1949H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Smt. Neelam Shukla (Dr) सुनवाई की तारीख / Date Of Hearing: 17/06/2022 घोषणा की तारीख /Date Of Pronouncement: 03/08/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Cross Appeals Preferred By The Assessee & The Revenue Against The Order Of The Ld. Cit(A)-52, Mumbai Dated 08.09.2021 For The A.Y.2018-19. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: -

For Appellant: Shri Vijay MehtaFor Respondent: Smt. Neelam Shukla (DR)
Section 132Section 132(4)Section 139(1)Section 14A

…18-19 K. Raheja Pvt. Ltd. borrowed funds to a sister concern from the point of view of commercial expediency and not from the point of view whether the amount was advanced for earning profits." 34. The Hon'ble Supreme Court in the case of CIT Vs Rajan Nanda (349 ITR 8), has observed as under: — "25. After giving our due and thoughtful consideration to the submissions of the parties of both sides, we feel that the assessee has been able to make out a case in its favour and order of the Tribunal does not call for any interference. We are persuaded by the following reasons in support of this view of ours: (i) to…

ACIT, NEW DELHI vs. M/S. VISHNU APARTMENTS PVT. LTD., JAIPUR

In the result, the appeal filed by the Revenue is dismissed

ITA 5828/DEL/2014[2010-11]Status: DisposedITAT Delhi30 Jan 2020AY 2010-11

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2010-11 Acit, Vs Vishnu Apartments Pvt. Ltd., Central Circle-7, Sheela Bhawan, New Delhi. 8, Motilal Atal Road, Jaipur. Pan: Aaacv6397E (Appellant) (Respondent) Assessee By : Shri I.P. Bansal & Shri Vivek Bansal, Advocates; & Ms Suman Sapra, Ca Revenue By : Shri J.K. Mishra, Cit, Dr Date Of Hearing : 18.12.2019 Date Of Pronouncement : 30.01.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 14Th August, 2014 Of The Cit(A)-1, New Delhi Relating To Assessment Year 2010-11. 2. The Grounds Raised By The Revenue Are As Under:- “1. The Order Of Ld. Cit(A) Is Not Correct In Law & Facts. 2. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law In Deleting The Addition Of Rs.47,07,37,143/- Made By The Ao On Account Of ‘Sham Transaction Of Revenue Sharing.’ 3. The Appellant Craves Leave To Add, Amend Any/All The Ground Of Appeal Before Or During The Course Of Hearing Of The Appeal.”

For Appellant: Shri I.P. Bansal &For Respondent: Shri J.K. Mishra, CIT, DR
Section 269SSection 40A(2)(b)Section 44A

…themselves in the shoes of the assessee and see how a prudent businessman would act. The authorities must not look at the matter from their own point but that of a prudent businessman. He also relied on the following decisions:- i) CIT vs. Rajan Nanda (2012) 349 ITR 8 (Del); ii) Vodafone South Ltd. vs. CIT (2015) 378 ITR 410 (Del); and iii) CIT vs. Rockman Cycle Industries (P) Ltd. (2011) 331 ITR 401 (P&H). 15. He accordingly submitted that the order of the CIT(A) be upheld and the grounds raised by the Revenue should be dismissed. 16. We have considered the rival arguments made by both the parties, perused th…

FOUR DIMENSIONS SECURITIES (I) LTD,MUMBAI vs. ADDL CIT RG 4(1), MUMBAI

The appeal of the assessee is allowed for statistical purposes, whereas, the appeal of the Revenue is dismissed

ITA 9085/MUM/2010[2007-08]Status: DisposedITAT Mumbai01 Jan 2016AY 2007-08

Bench: Shri Joginder Singh & Shri Ashwani Tanejaassessment Year: 2007-08 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 209-Arcadia Building 2Nd 6Th Floor, Aayakar Bhavan, Vs. Floor Nariman Point, Mumbai-400020 Mumbai-400021 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F Assessment Year: 2007-08 Addl. Commissioner Of M/S Four Dimensions Income Tax, Range-4(1), Securities (India) Ltd. बनाम/ 6Th Floor,Aayakar Bhavan, 209-Arcadia Building 2Nd Vs. Mumbai-400020 Floor Nariman Point, Mumbai-400021 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacf1734F

Section 14A

…paid in respect of any person, who is connected with the business of the assessee would be treated as keyman. There is no requirement, that such person should be a working partner or managing partner. The Hon’ble Delhi High Court in CIT vs Rajan Nanda (2012) 349 ITR 8 (Del.) held that premium on keyman insurance is a deductible business expenditure u/s 37 of the Act. The relevant portion of the order is reproduced hereunder for ready reference:- The assessee took keyman insurance policies on the lives of two employees/directors in different years. After paying premium for a certain period, they were assigned to…

FOUR DIMENSIONS SECURITIES (I) LTD,MUMBAI vs. ADDL CIT RG 4(1), MUMBAI

Appeals are disposed off in terms indicated hereinabove

ITA 1011/MUM/2010[2006-07]Status: DisposedITAT Mumbai28 Oct 2015AY 2006-07

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2005-06 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F Assessment Year: 2005-06 Addl. Commissioner Of M/S Four Dimensions Income Tax, Range-4(1), Securities (India) Ltd. बनाम/ 6Th Floor,Aayakar Bhavan, 29, Bank Street, 1St Floor, Vs. Mumbai-400020 Fort, Mumbai (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacf1734F Assessment Year: 2006-07 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F

Section 143(1)Section 143(3)Section 94(7)

…paid in respect of any person, who is connected with the business of the assessee would be treated as keyman. There is no requirement, that such person should be a working partner or managing partner. The Hon’ble Delhi High Court in CIT vs Rajan Nanda (2012) 349 ITR 8 (Del.) held that premium on keyman insurance is a deductible business expenditure u/s 37 of the Act. The relevant portion of the order is reproduced hereunder for ready reference:- The assessee took keyman insurance policies on the lives of two employees/directors in different years. After paying premia for a certain period, they were assigned to…

DCIT -4(1), MUMBAI vs. FOUR DIMENSION SECURITIES (I) LTD, MUMBAI

Appeals are disposed off in terms indicated hereinabove

ITA 790/MUM/2009[2005-2006]Status: DisposedITAT Mumbai28 Oct 2015AY 2005-2006

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2005-06 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F Assessment Year: 2005-06 Addl. Commissioner Of M/S Four Dimensions Income Tax, Range-4(1), Securities (India) Ltd. बनाम/ 6Th Floor,Aayakar Bhavan, 29, Bank Street, 1St Floor, Vs. Mumbai-400020 Fort, Mumbai (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacf1734F Assessment Year: 2006-07 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F

Section 143(1)Section 143(3)Section 94(7)

…paid in respect of any person, who is connected with the business of the assessee would be treated as keyman. There is no requirement, that such person should be a working partner or managing partner. The Hon’ble Delhi High Court in CIT vs Rajan Nanda (2012) 349 ITR 8 (Del.) held that premium on keyman insurance is a deductible business expenditure u/s 37 of the Act. The relevant portion of the order is reproduced hereunder for ready reference:- The assessee took keyman insurance policies on the lives of two employees/directors in different years. After paying premia for a certain period, they were assigned to…

FOUR DIMENSIONS SECURITIES (INDIA) LTD,MUMBAI vs. ADDL CIT RG 4(1), MUMBAI

Appeals are disposed off in terms indicated hereinabove

ITA 322/MUM/2009[2005-2006]Status: DisposedITAT Mumbai28 Oct 2015AY 2005-2006

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2005-06 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F Assessment Year: 2005-06 Addl. Commissioner Of M/S Four Dimensions Income Tax, Range-4(1), Securities (India) Ltd. बनाम/ 6Th Floor,Aayakar Bhavan, 29, Bank Street, 1St Floor, Vs. Mumbai-400020 Fort, Mumbai (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacf1734F Assessment Year: 2006-07 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F

Section 143(1)Section 143(3)Section 94(7)

…paid in respect of any person, who is connected with the business of the assessee would be treated as keyman. There is no requirement, that such person should be a working partner or managing partner. The Hon’ble Delhi High Court in CIT vs Rajan Nanda (2012) 349 ITR 8 (Del.) held that premium on keyman insurance is a deductible business expenditure u/s 37 of the Act. The relevant portion of the order is reproduced hereunder for ready reference:- The assessee took keyman insurance policies on the lives of two employees/directors in different years. After paying premia for a certain period, they were assigned to…

Showing 120 of 21 · Page 1 of 2