CIT v. Virgin Securities & Credits (P) Ltd.

332 ITR 396High Court2011#1344 most cited

What is CIT v. Virgin Securities & Credits (P) Ltd. authority for?

The Commissioner of Income-tax (Appeals) must admit additional evidence if it is crucial for the proper disposal of the appeal, ensuring substantial justice to the appellant.

85

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Virgin Securities & Credits (P) Ltd. · Rule 46A admission additional evidence · Commissioner (Appeals) powers · crucial for appeal disposal · Delhi High Court 2011 · Section 143(3) assessment · Section 68 cash credit · genuineness of transaction · assessee submission additional documents · substantial justice principle · 332 ITR 396 · appellate stage evidence

Issues it is cited on

Judgments citing CIT v. Virgin Securities & Credits (P) Ltd.

Saptarshi Realtors Pvt Ltd, Mumbai vs. Income Tax Officer-Ward 8 (1)(1), Mumbai

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

ITA 3291/MUM/2022[2013-14]Status: DisposedITAT Mumbai22 Mar 2024AY 2013-14

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Saptarshi Realtors Private The Income Tax Officer Limited Ward 8(1)(1) Room No.651, 6Th Floor, 5, 40-45 Kamar Mansion, Aaykar Bhavan, Nanabhai Raralkar Marg, Vs. M.K. Road, Paral Village, Mumbai-400 020 Mumbai-400 012 (Appellant) (Respondent) Pan No. Aaacm6828M Saptarshi Realtors Private The Income Tax Officer Limited Ward 8(1)(1) Room No.651, 6Th Floor, 5, 40-45 Kamar Mansion, Nanabhai Raralkar Marg, Aaykar Bhavan, Vs. Paral Village, M.K. Road, Mumbai-400 020 Mumbai-400 012 (Appellant) (Respondent) Assessee By : Shri Advocate Devendra Jain, Ar Revenue By : Shri Manoj Kumar Singh, Sr Dr Date Of Hearing: 14.03.2024 Date Of Pronouncement : 22.03.2024

For Appellant: Shri Advocate Devendra JainFor Respondent: Shri Manoj Kumar Singh, SR DR
Section 143Section 250

…nce details. He further notes that in compliance with the earlier notices the assessee has submitted the details completely. In the circumstances, he admitted the additional evidence relying on the decision of the honourable Delhi High Court in case of (2011) 332 ITR 396, 202 taxmann 262 and other coordinate bench decision is holding that assessee was prevented by sufficient cause. ii. On the merits of the case, on the addition under section 68 of ₹ 19,762,025/– he found ITA No. 3291 & 3293/Mum/2022 M/s Saptarshi Relators Pvt. Ltd; A.Y. 13-14 that the addition of the above amount is incorrect the total unsecured…

ACIT, Circle- 27(1), New Delhi vs. U K Paints India Pvt. Ltd., New Delhi

In the result, appeal of Revenue for A

ITA 764/DEL/2018[2014-15]Status: DisposedITAT Delhi16 Jun 2023AY 2014-15

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaacit Vs. M/S. U. K. Paints (India) Pvt. Central Circle – 10 Ltd., 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi - 48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Co No. 244/Del/2013 (Arising Out Of Ita No.4115/Del/2013) (For Assessment Year : 2008-09) M/S. U. K. Paints (India) Vs. Acit Pvt. Ltd., 19, Dda Central Circle – 10 Commercial Complex, New Delhi Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Acit Vs. U. K. Paints (India) Pvt. Ltd. Circle – 27(1) 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent)

Section 143(3)Section 14ASection 80I

…AO had submitted remand report dated 13/02/2012 & 22.10.2012. We find that CIT(A) for admission of additional evidences had relied on the decision 6 rendered by Hon’ble Delhi High Court in the case of CIT vs. Virgin Securities and Credits P. Ltd. reported in 332 ITR 396 (Delhi) and concluded that the admission of additional evidences was crucial for the disposal of appeal. Before us, no fallacy in the findings of CIT(A) has been pointed out by Revenue nor has Revenue pointed that the required procedure was not followed by CIT(A) before admission of additional evidences. In such a situation, we find no reason to…

ACIT, New Delhi vs. M/S U.K. Paints (India) Pvt. Ltd., New Delhi

In the result, appeal of Revenue for A

ITA 4115/DEL/2013[2008-09]Status: DisposedITAT Delhi16 Jun 2023AY 2008-09

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaacit Vs. M/S. U. K. Paints (India) Pvt. Central Circle – 10 Ltd., 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi - 48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Co No. 244/Del/2013 (Arising Out Of Ita No.4115/Del/2013) (For Assessment Year : 2008-09) M/S. U. K. Paints (India) Vs. Acit Pvt. Ltd., 19, Dda Central Circle – 10 Commercial Complex, New Delhi Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Acit Vs. U. K. Paints (India) Pvt. Ltd. Circle – 27(1) 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent)

Section 143(3)Section 14ASection 80I

…AO had submitted remand report dated 13/02/2012 & 22.10.2012. We find that CIT(A) for admission of additional evidences had relied on the decision 6 rendered by Hon’ble Delhi High Court in the case of CIT vs. Virgin Securities and Credits P. Ltd. reported in 332 ITR 396 (Delhi) and concluded that the admission of additional evidences was crucial for the disposal of appeal. Before us, no fallacy in the findings of CIT(A) has been pointed out by Revenue nor has Revenue pointed that the required procedure was not followed by CIT(A) before admission of additional evidences. In such a situation, we find no reason to…

Nawany Corporation India Pvt Ltd, Mumbai vs. DCIT 13(1)(1), Mumbai

In the result, impugned order is set aside and appeal by the assessee is allowed for statistical purpose

ITA 539/MUM/2022[2014-15]Status: DisposedITAT Mumbai06 Apr 2023AY 2014-15

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.539/मुं/ 2022 ("न.व.2014-15) Nawany Corporation (I) Pvt. Ltd. 384/1, Bandana 15Th Road, Bandra (West)Mumbai 400 050 Pan: Aaacn-1471-D ...... अपीलाथ" /Appellant बनाम Vs. Dcit 13(1)(1), Mumbai. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Deepak P. Tikekar ""तवाद" "वारा/Respondent By : Shri Tejinder Pal Singh Anand सुनवाई क" "त"थ/ Date Of Hearing : 13/01/2023 घोषणा क" "त"थ/ Date Of Pronouncement : 06/04/2023

For Appellant: Shri Deepak P. TikekarFor Respondent: Shri Tejinder Pal Singh Anand

…mits that these additional evidences are crucial for deciding the issue raised in the appeal by the 5 assessee. For admission of additional evidences the assessee placed reliance on the following decisions: (i) CIT vs. Virgin Securities and Credits Pvt. Ltd. 332 ITR 396 (Del) (ii) PCIT vs. Daljit Singh SRA, 247 Taxman 240 (P&H) 8. On the other hand, ld. Departmental Representative vehemently opposed admission of additional evidences at this belated stage. The ld. Departmental Representative submits that no reason whatsoever has been given by the assessee for non-furnishing of the documents during assessment pro…

Shri Mahesh Yadav, A-225, Jai Nagar, Sikar Road, Jaipur vs. ITO Ward-4(3), Jaipur, Ward-4(3)

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

ITA 590/JPR/2019[2008-09]Status: DisposedITAT Jaipur28 Jan 2021AY 2008-09

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 590/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 Cuke Mahesh Yadav, Ito, Vs. A-225, Jai Nagar, Sikar Road, Ward-4(3), Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aatpy 9371 K Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri C.L. Yadav (Ca) Jktlo Dh Vksj Ls@ Revenue By :Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 18/01/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 28/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A), Ajmer Dated 15/02/2019 For The A.Y. 2008-09, Wherein The Assessee Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Not Admitting The Additional Evidence Furnished During The Course Of Appellate Proceedings Under Rule 46A. 2. The Ld. Cit(A) Has Erred In Not Adjudicating The Issue On Merits. 3. The Ld. Cit(A) Has Erred In Law & On Facts In Confirming The Addition Of Rs. 46,27,571/- Made By The Ao. On Account Of Unexplained Cash Deposited In The Saving Bank Account, Ignoring

For Appellant: Shri C.L. Yadav (CA)For Respondent: Smt. Monisha Choudhary(Addl.CIT)
Section 148

…itional evidence. 1.8 The assessee also respectfully draw your honors kind attention towards the following decisions which support the contention of the appellant – 6 ITA 590/JP/2019_ Mahesh Yadav Vs ITO 1. CIT v. Virgin Securities and Credits P. Ltd (2011) 332 ITR 396 (Del) 2. Chandrakant Chanu Bhai Patel 202 Taxman 262(Del) 3. Avan Gidwani Vs ACTT I.T.A. No. 5138/Mum/2015(ITAT Mumbai) 4. Abhay Kumar Shroff V/s. ITO 63 ITD 144(Pat) (ITAT Patna It is further submitted that the Hon'ble Supreme Court in the case of Collector Land Acquisition Vs. Mst. Katji, 167 ITR 471 (SC) have held that when technical considera…