CIT v. Silver Streak Trading Pvt. Ltd.

Chand Monammad, Ajmer vs. ITO, Ward 1(3), Ajmer

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…United Mill Limiked Vs State of MP 60 ITR 41 (SC), Late Mangilal Agarwal Vs ACIT 208 CTR 159 (Raj), CIT Vs Daulat Ram Rawat Mull 87 ITR 349 and Union of India Vs Kamalaxmi Finance Corporation 92 Taxmann 43…..” (PB 153) CIT vs. Silver Streak Trading Pvt. Ltd. 326 ITR 418 (Del) (PB 155-157) “11. In so far as the present case is concerned, it is not the case of the assessee that it ever received notice dt. 28th Nov., 1998. In fact, its case has been that the only notice ever received by it was the one dt. 21st Oct., 1999. In the duplicate copy of the notice dt. 21st Oct., 1999, learned counsel for the assessee had…

Smt. Shweta Goyal, Jaipur vs. ITO, Ward-5(2), Jaipur

In the result, the appeal of the assessee is allowed

…davit as sufficient proof on this point. 6 Smt. Shweta Goyal vs. ITO 8. It was submitted that the assessee would also like to rely on the decision on similar lines rendered by the Delhi High Court in the case of CIT vs. Silver Streak Trading Pvt. Ltd. (2010) 326 ITR 418. Further, the Allahabad High Court in the case of L. Sohanlal Gupta vs. CIT(1958) 33 ITR 786 was confronted with the question of rejection of affidavits. The Hon’ble High Court held that rejection of affidavits is not justified unless assessee has either been cross examined or called upon to produce documentary evidence in support of affidavit sw…