CIT v. Ved Prakash Choudhary

M/S Gas Construction Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee is dismissed

Bench: Shri Kuldip Singh & Shri O.P.Meenaआ.अ.सं./I.T.A No.1738/Del/2013 िनधा"रणवष"/Assessment Year: 2006-07 बनाम M/S. Gag Construction Pvt. Ltd., Assistant Commissioner Of Vs. M-11, Middle Circular, Income Tax, Central Circle- Connaught Circus, 23, Jhandewalan Extension, New Delhi-110 001. New Delhi -110 055. [Pan: Aabcg 3001 H] अपीलाथ" Appellant ""यथ"/Respondent

…Gag Construction Pvt. Ltd. v. ACIT-CC-23-New Delhi/ I.T.A.No.1738/Del/2013/A.Y.2006-07 Page 1 of 15 आयकरअपीलीयअिधकरण, िद"ी "ायपीठ ‘सी", नई िद"ी IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES ‘C’, NEW DELHI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER आ.अ.सं./I.T.A No.1738/Del/2013 िनधा"रणवष"/Assessment Year: 2006-07 बनाम M/s. Gag Construction Pvt. Ltd., Assistant Commissioner of Vs. M-11, Middle Circular, Income Tax, Central Circle- Connaught Circus, 23, Jhandewalan Extension, New Delhi-110 001. New Delhi -110 055. [PAN: AABCG 3001 H] अपीलाथ" Appellant ""यथ"/Respondent िनध…

Smt. Kundan Singh, New Delhi vs. ACIT, New Delhi

Appeal of the Department is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

…nsactions of 14 ITA.No.2061/Del./2015 & 1797/Del./2015 Smt. Kundan Singh, New Delhi. sale have been recorded through sale deeds for a sum of Rs.60 lakhs only. The assessee relied upon decision of the Hon’ble Delhi High Court in the case of CIT vs. Ved Prakash 305 ITR 245 in which it was held that “no addition is tenable in view of non-availability of the corroborative evidence. In view of these facts, it was necessary for A.O. to bring some corroborative evidences on record before making the addition against the assessee. The sale deed clearly shows that amount is paid by assessee through banking channel and thus…

ACIT, New Delhi vs. Kundan Singh, New Delhi

Appeal of the Department is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

…nsactions of 14 ITA.No.2061/Del./2015 & 1797/Del./2015 Smt. Kundan Singh, New Delhi. sale have been recorded through sale deeds for a sum of Rs.60 lakhs only. The assessee relied upon decision of the Hon’ble Delhi High Court in the case of CIT vs. Ved Prakash 305 ITR 245 in which it was held that “no addition is tenable in view of non-availability of the corroborative evidence. In view of these facts, it was necessary for A.O. to bring some corroborative evidences on record before making the addition against the assessee. The sale deed clearly shows that amount is paid by assessee through banking channel and thus…

ACIT, New Delhi vs. Sh. Braham Arenja, New Delhi

In the result appeals filed by revenue for Assessment

Bench: Shri Nk Saini & Smt. Beena A Pillaiay: 2008-09 & Ay: 2009-10

…no other cogent material that has been brought on record to prove that seized diary entries represented expenditure incurred by assessee. He placed reliance upon decision of Hon’ble Delhi High Court in case of CIT vs. Ved Prakash Choudhary reported in (2008) 169 Taxmann 130, wherein Hon’ble Court held as under: “It is true that section 132 (4A) of the act enables the court to presume the truth of the content of such books. However, it is a presumption which can be rebutted. Moreover the presumption and discharged therein is only a factual presumption. It is in the discretion of the court, depending upon other fa…

DCIT, New Delhi vs. M/S. Jindal Pipes Ltd., New Delhi

In the result, appeal of the revenue is dismissed

Bench: Shri. N. K. Saini & Shri K. Narasimha Charyassessment Year:2005-06

…R 485 (Delhi), CIT vs. Abhinav Kumar Mittal (2013) 351 ITR 20 (Delhi), Dev Kumar Jain vs. ITO (2009) 309 ITR 240 (Delhi), CIT vs. Shakuntala Devi (2009) 316 ITR 46 (Delhi), CIT vs. Smt. Suraj Devi (2010) 328 ITR 604 (Delhi) and CIT vs. Prem Nath Nagpal (2007) 214 CTR 51 (Delhi), that no addition can be made merely on the basis of valuation report and fair market value cannot be substituted for actual consideration received. 9. In these circumstances, learned Commissioner of Income Tax (Appeals) rightly followed the binding precedents. Inasmuch as the Ld. CIT(A) basis is a decision on the binding precedent, which…

Brij Mahajan, New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA No

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava[Assessment Year: 2007-08] Shri Brij Mahajan Vs. The A.C.I.T 2 , Avenue Cassia Westend Central Circle - 2 Greens, Rajokari New Delhi New Delhi Pan : Akdpm 1320 J [Appellant] [Respondent] Date Of Hearing : 29.11.2017 Date Of Pronouncement : 27.12.2017

…cument. This also supports the contention of the assessee that sale consideration of 8 cr is correct. 12. In support of his arguments that presumption u/s 132 (4A) is rebuttable presumption he relied on the following case law a. ITO vs Ved Prakash Choudhary 305 ITR 245 (Delhi) b. M.M.Financers (P) ltd vs DCIT 17 SOT 5 (Chennai) ITAT c. ACIT vs S. Preetha ITA Nos 1313 to 1319/mds/2012 d. ACIT vs Radheshyam Poddar 41 ITD 449 (Cal ) ITAT 13. On the basis of above arguments the case of the assessee is that the AO has made the addition only on the basis of unsigned document without testing the veracity of the same…

Sh. Sanjay Dalmia, New Delhi vs. DCIT, New Delhi

In the result all the appeal filed by the assessee are dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

…ITA No. 3795 to 3801/Del/2014 (Assessment Year: 2006-07 to 2012-13 Sanjay Dalmia, Vs DCIT INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ―G‖: NEW DELHI BEFORE SHRI H.S.SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 3795 to 3801/Del/2014 (Assessment Year: 2006-07 to 2012-13) Sanjay Dalmia, Vs. DCIT, 2nd Floor, Indraprakash Building, Central Circle-2, 21, Barakhamba Road, New Delhi New Delhi PAN:AADPD9438N (Appellant) (Respondent) Assessee by : Shri Vinod Kumar Bindal, Adv Revenue by: Shri SS Rana, CIT DR Date of Hearing 28/09/2017 Date of pronouncement 05/10/2017 O R D E R PER PRASHA…

DCIT, New Delhi vs. Sh. Rajesh Kumar Kanodia, New Delhi

In the result, appeals of the department are dismissed and that of the assessee are partly allowed

Bench: Sh. N. K. Saini, Am & Smt. Beena A. Pillai, Jm Ita No. 4241/Del/2014 : Asstt. Year : 2005-06

…sessee and Mrs. Kumkum Kanodia who ITA Nos.3670 to 3672/Del/2014 thereof which the AO rejected arbitrarily. Therefore, the addition made by the AO was not sustainable. The reliance was placed on the following case laws: " CIT Vs Ved Prakash Chaudhary (2008) 305 ITR 245 (Del.) " CIT Vs S.M.S. Investment Corporation (P) Ltd. (1994) 207 ITR 364 (Raj.) " CIT Vs Raj Pal Singh Ram Avtar (2007) 288 ITR 498 (Ald.) 35. The ld. CIT(A), however, did not find merit in the submissions of the assessee and confirmed the addition by observing in paras 4.4.3 and 4.4.4. of the impugned order which read as under: “4.4.3 I have co…

Rajesh Kumar Kanodia, New Delhi vs. DCIT, New Delhi

In the result, appeals of the department are dismissed and that of the assessee are partly allowed

Bench: Sh. N. K. Saini, Am & Smt. Beena A. Pillai, Jm Ita No. 4241/Del/2014 : Asstt. Year : 2005-06

…sessee and Mrs. Kumkum Kanodia who ITA Nos.3670 to 3672/Del/2014 thereof which the AO rejected arbitrarily. Therefore, the addition made by the AO was not sustainable. The reliance was placed on the following case laws: " CIT Vs Ved Prakash Chaudhary (2008) 305 ITR 245 (Del.) " CIT Vs S.M.S. Investment Corporation (P) Ltd. (1994) 207 ITR 364 (Raj.) " CIT Vs Raj Pal Singh Ram Avtar (2007) 288 ITR 498 (Ald.) 35. The ld. CIT(A), however, did not find merit in the submissions of the assessee and confirmed the addition by observing in paras 4.4.3 and 4.4.4. of the impugned order which read as under: “4.4.3 I have co…

Shyam Sunder Jindal, New Delhi vs. ACIT, New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 5448/Del/2016 : Asstt. Year : 2006-07 Shyam Sunder Jindal, Vs Asstt. Commissioner Of Income 12A, Green Avenue, Sector-D, Tax, Central Circle-30, Pocket-3, Vasant Kunj, New Delhi New Delhi-110070 (Appellant) (Respondent) Pan No. Aagpj0184N Assessee By : Sh. Ajay Vohra, Sr. Adv. & Sh. Rohit Garg, Adv. Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 16.02.2017 Date Of Pronouncement : 10.04.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 24.08.2016 Of Ld. Cit(A)-30, New Delhi

…he name of the assessee and belonged to the assessee but that onus was not discharged. Therefore, the addition made by the AO and sustained by the ld. CIT(A) was not justified. The reliance was placed on the following case laws: " CIT Vs Ved Prakash Choudhary 305 ITR 245 (Del.) " CIT Vs Anil Bhalla 322 ITR 191 (Del.) " CIT Vs Lubtec India Ltd. 311 ITR 175 (Del.) " CIT Vs Atam Valves (P.) Ltd. 332 ITR 468 (P&H) " CIT Vs Dolphin Builders (P.) Ltd. 356 ITR 420 (MP) " ACIT Vs Sharad Chaudhary 165 TTJ 145 (Del. Trib.) " CIT Vs Ravi Kumar 294 ITR 78 (P&H) " ITO Vs Twinkle Papers (P.) Ltd. 95 TTJ 987 (Chd. Trib.) (TM) 1…

ACIT, New Delhi vs. Sh. Brij Kishor Kochar, New Delhi

In the result, appeal is dismissed

Bench: Shri R. S. Syal & Smt Suchitra Kamblei.T.A .No.-3826/Del/2013 (Assessment Year 2008-09)

…DELHI BENCH: ‘A’ NEW DELHI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND SMT SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A .No.-3826/DEL/2013 (ASSESSMENT YEAR 2008-09) ACIT vs Brij Kishor Kochar Central Circle-9 Sector-A, 1316, Pocket- B & New Delhi C. Vasant Kunj (APPELLANT) New Delhi AAIPK1338H (RESPONDENT) Appellant by Sh. S. K. Jain, SR. DR Respondent by Sh. Tarandeep Singh, Adv Date of Hearing 03.08.2016 Date of Pronouncement 26.08.2016 ORDER PER SUCHITRA KAMBLE, JM This appeal is filed against the order dated 11/02/2013 passed by CIT(A) -XXX, New Delhi 2. The grounds of appeal are as under:- “1. That the…

Commissioner of Income Tax VII vs. Shri Karan Khandelwal

The appeals are allowed

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

…endor or whether reliance could be placed on the loose sheets recovered in the search were 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 we…

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

…endor or whether reliance could be placed on the loose sheets recovered in the search were 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 we…

The Commissioner of Income Tax Central III vs. Sunil Bedi

The appeals are allowed

…endor or whether reliance could be placed on the loose sheets recovered in the search were 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 we…