CIT v. Smt. Shakuntala\nDevi

The Commissioner of Income Tax Central III vs. Sunil Bedi

The appeals are allowed

Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE V.K. JAIN

…questions of fact. The appeal filed by the Revenue was dismissed. The learned Counsel for Mr. Sunil Bedi has also relied upon CIT v. Ved Prakash Choudhary [2008] 305 ITR 245 (Del), CIT v. Prem Nath Nagpal 214 CTR 51 (Del) CIT v. Shakuntala Devi [2009] 316 ITR 46 (Del) CIT v. Naveen Gera [2010] 328 ITR 516 (Del) CIT v. Kishan Kumar and Others [2009] 315 ITR 204 (Raj.) and CIT v. Dr. S.Bharti [2002] 254 ITR 261 (Del). In Ved Prakash (supra) during the course of search at the residence of respondent two MoUs were recovered. The assessee admitted signatures on those MoUs but denied having received t…

The Commissioner of Income Tax Central III vs. Sunil Bedi

The appeals are allowed

…questions of fact. The appeal filed by the Revenue was dismissed. The learned Counsel for Mr. Sunil Bedi has also relied upon CIT v. Ved Prakash Choudhary [2008] 305 ITR 245 (Del), CIT v. Prem Nath Nagpal 214 CTR 51 (Del) CIT v. Shakuntala Devi [2009] 316 ITR 46 (Del) CIT v. Naveen Gera [2010] 328 ITR 516 (Del) CIT v. Kishan Kumar and Others [2009] 315 ITR 204 (Raj.) and CIT v. Dr. S.Bharti [2002] 254 ITR 261 (Del). In Ved Prakash (supra) during the course of search at the residence of respondent two MoUs were recovered. The assessee admitted signatures on those MoUs but denied having received t…

CIT vs. Jaipur Golden Transport

Appeal is allowed

Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE MANMOHAN

…as been an under-statement or concealment of income. It is only when such burden has been discharged, it would be permissible to rely upon the valuation given by the DVO (See K.P. Varghese Vs. ITO, (1981) 131 ITR 597 (SC), CIT Vs. Shakuntala Devi, (2009) 316 ITR 46, CIT Vs. Ashok Khetrapal, (2007) 294 ITR 143 (Del.) and Commissioner of Income Tax Vs. Manoj Jain, (2006) 287 ITR 285 (Del.)). 5. In any event, the opinion of the DVO, per se, is not an information and cannot be relied upon. The Supreme Court in its order dated 19th October, 2009 in Civil Appeal No. 6973/2009 has held as under:- “Dela…

CIT vs. Jaipur Golden Transport

Appeal is allowed

…as been an under-statement or concealment of income. It is only when such burden has been discharged, it would be permissible to rely upon the valuation given by the DVO (See K.P. Varghese Vs. ITO, (1981) 131 ITR 597 (SC), CIT Vs. Shakuntala Devi, (2009) 316 ITR 46, CIT Vs. Ashok Khetrapal, (2007) 294 ITR 143 (Del.) and Commissioner of Income Tax Vs. Manoj Jain, (2006) 287 ITR 285 (Del.)). 5. In any event, the opinion of the DVO, per se, is not an information and cannot be relied upon. The Supreme Court in its order dated 19th October, 2009 in Civil Appeal No. 6973/2009 has held as under:- “Dela…

Commissioner of Income Tax vs. Mahesh Kumar

Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE MANMOHAN

…ove under- statement or concealment of income is on the revenue and it is only when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. (See K.P. Varghese Vs. ITO, 131 ITR 597, CIT Vs. Shakuntala Devi, (2009) 316 ITR 46 and ITA ITA 1191-1192/2010 Page 4 of 4 No. 482/2010 decided by this Court on 5th May, 2010). 9. Further the Supreme Court in its order dated 16th February, 2010 in Civil Appeal No. 9468/2003 has held as under:- “Having examined th…

Commissioner of Income Tax vs. Bajrang Lal Bansal

Appeal is allowed

Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE MANMOHAN

…f proof to prove under- statement or concealment of income is on the revenue and it is only when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. (See K.P. Varghese (supra), CIT Vs. Shakuntala Devi, (2009) 316 ITR 46, CIT Vs. Manoj Jain, 287 ITR 285 and ITA No. 482/2010 decided by this Court on 5th May, 2010). 7. In any event, the opinion of the DVO, per se, is not an information and cannot be relied upon without the books of account being rejected—which has not been done in the present case. The Supreme Court in its order dated 19th October, 2009 in…

Commissioner of Income Tax vs. Mahesh Kumar

Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE MANMOHAN

…ove under- statement or concealment of income is on the revenue and it is only when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. (See K.P. Varghese Vs. ITO, 131 ITR 597, CIT Vs. Shakuntala Devi, (2009) 316 ITR 46 and ITA ITA 1191-1192/2010 Page 4 of 4 No. 482/2010 decided by this Court on 5th May, 2010). 9. Further the Supreme Court in its order dated 16th February, 2010 in Civil Appeal No. 9468/2003 has held as under:- “Having examined th…

Commissioner of Income Tax vs. Mahesh Kumar

…ove under- statement or concealment of income is on the revenue and it is only when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. (See K.P. Varghese Vs. ITO, 131 ITR 597, CIT Vs. Shakuntala Devi, (2009) 316 ITR 46 and ITA 2010:DHC:4127-DB No. 482/2010 decided by this Court on 5th May, 2010). 9. Further the Supreme Court in its order dated 16th February, 2010 in Civil Appeal No. 9468/2003 has held as under:- “Having examined the record, we find that in this case, the Department sought reopening of the assessment based on the opinion given by the Di…

Commissioner of Income Tax vs. Mahesh Kumar

…ove under- statement or concealment of income is on the revenue and it is only when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. (See K.P. Varghese Vs. ITO, 131 ITR 597, CIT Vs. Shakuntala Devi, (2009) 316 ITR 46 and ITA 2010:DHC:4125-DB No. 482/2010 decided by this Court on 5th May, 2010). 9. Further the Supreme Court in its order dated 16th February, 2010 in Civil Appeal No. 9468/2003 has held as under:- “Having examined the record, we find that in this case, the Department sought reopening of the assessment based on the opinion given by the Di…

CIT vs. Naveen Gera

Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE MANMOHAN

…vidence (See K.P. Varghese Vs. ITO, (1981) 131 ITR 597 (SC), Civil Appeal No. 9468/2003 (Assistant Commissioner of Income Tax, Gujarat Vs. M/s. Dhariya Construction Company) decided by the Apex Court on 16th February, 2010, CIT Vs. Shakuntala Devi, (2009) 316 ITR 46, CIT Vs. Ashok Khetrapal, (2007) 294 ITR 143 (Del.) and Commissioner of Income Tax Vs. Manoj Jain, (2006) 287 ITR 285 (Del.)). 10. Further, the reliance of learned counsel for the revenue on the Supreme Court’s decision in Mukundray K. Shah (supra) is misplaced. In the said case, the entire picture regarding the working of circular tra…

Commissioner of Income Tax vs. Suraj Devi

Appeal is allowed

Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE MANMOHAN

…Page 4 of 5 when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. (See K.P. Varghese Vs. ITO, 131 ITR 597, CIT Vs. Shakuntala Devi, (2009) 316 ITR 46 and ITA No. 482/2010 decided by this Court on 5th May, 2010). 5. In any event, the opinion of the DVO, per se, is not an information and cannot be relied upon without the books of account being rejected—which has not been done in the present case. The Supreme Court in its order dated 19th October, 2009 in Civil Appeal No. 6973/2009 has hel…

Commissioner of Income Tax vs. Suraj Devi

Appeal is allowed

…t or concealment of income is on the Revenue and it is only 2010:DHC:4009-DB when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. (See K.P. Varghese Vs. ITO, 131 ITR 597, CIT Vs. Shakuntala Devi, (2009) 316 ITR 46 and ITA No. 482/2010 decided by this Court on 5th May, 2010). 5. In any event, the opinion of the DVO, per se, is not an information and cannot be relied upon without the books of account being rejected—which has not been done in the present case. The Supreme Court in its order dated 19th October, 2009 in Civil Appeal No. 6973/2009 has hel…

Commissioner of Income Tax vs. Vinod Singhal

The appeal is dismissed

…deed had been paid by the assessee to the seller. The Income Tax Appellate Tribunal relied upon a decision of the Supreme Court in the case of K.P. Varghese vs. ITO: 131 ITR 597(SC) as also on the decision of this Court in CIT vs. Shakuntala Devi: 316 ITR 46. In the latter decision, a Division Bench of this Court held that there must be a finding of the Revenue that the assessee had received amounts over and above the consideration stated in the sale deed. This is the primary burden which has been cast upon the Revenue and it is only when such burden is discharged that it would be permissi…