Commissioner of Income Tax v. Jupiter Builders P. Ltd.

Commissioner of Income Tax vs. Sangeeta Mishra

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

…hat the scope of block assessment is limited to ITA 119/2004 & 423/2004 Page 28 of 28 material found during the search, and thereby, cannot include material already revealed. This was similarly highlighted in CIT v. Jupiter Builders P. Ltd. ((2006) 287 ITR 287 (Del)) and Commissioner of Income Tax v. Shri Vishal Aggarwal (2006 (283) ITR326(Del)) that where an income and assets are disclosed in the books of account and no incriminating material is found during search and seizure, addition in the block assessment is not valid. Therefore, the gifts received by the assessees from Jhanwar Lal Kothari, a…

Sh. Dhirendra Nath Trivedy, Uttar Pradesh vs. DCIT, Ghaziabad

In the result, the appeal of the Assessee is allowed

Bench: Shri H.S. Sidhua.Y. : 2011-12 Sh. Dhirendra Nath Trivedy, Dcit, Circle-1, C-4014, Gaur Green City, Vs. Ghaziabad Vaibhav Kahdn, Indirapuram, Ghaziabad, Uttar Pradesh (Pan: Accpt8767F) (Appellant) (Appellant) (Appellant) (Appellant) (Respondent) (Respondent) (Respondent) (Respondent)

…bad High Court) reported in 346 ITR 67 - CIT vs. Cebon India Ltd. (Punjab & Haryana High Court) reported in 347 ITR 583 - CIT vs. Vishnu & Co. P Ltd. (Delhi High Court) reported in 319 ITR 151 - CIT vs. Bhan Textiles (P) Ltd. (Delhi High Court) reported in 287 ITR 287 - Madan Singh Kangarot vs. ITO (ITAT Jaipur Bench) reported in 145 TTH 262 - Dr. KC Verma vs. ACIT (ITAT, Delhi Bench) reported in 84 ITD 33. - Raj Kumar Chawla vs. ITO (Delhi ITAT Special Bench) reported in 94 ITD 1 6. On the other hand, Ld. DR relied upon the order passed by the revenue authorities and stated that the assessee has joined the…

Commissioner of Income Tax vs. Shri Mukesh Luthra

The appeal is disposed of accordingly

…n can only be made for undisclosed income discovered during the course of search, such income cannot be the subject matter of regular assessment. He referred to the judgment of this Court in the case of Commissioner of Income Tax Vs. Jupiter Builders P. Ltd. [287 ITR 287 (Del) and the judgment of the Gujarat High Court in the case of N.R. Paper and Board Limited and Ors. Vs. Deputy Commissioner of Income Tax [234 ITR 733]. 10. He argued that in the present case, the apparent position is that M/s Globe Meditech is the proprietary concern of Shri Rajesh Khurana. On the basis of evidence alleged to be found during…

Commissioner of Income Tax vs. Shri Mukesh Luthra

The appeal is disposed of accordingly

…only be made for undisclosed income discovered during the course of search, such income cannot be the subject matter of regular assessment. He referred to the judgment of this Court in the case of Commissioner of Income Tax Vs. Jupiter Builders P. Ltd. [287 ITR 287 (Del) and the judgment of the Gujarat High Court in the case of N.R. Paper and Board Limited and Ors. Vs. Deputy Commissioner of Income Tax [234 ITR 733]. 10. He argued that in the present case, the apparent position is that M/s Globe Meditech is the proprietary concern of Shri Rajesh Khurana. On the basis of evidence alleged to be fo…

CIT vs. Naveen Gera

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

…the said Section does not apply in respect of assessments made on or before 30th September, 2004. To fortify the said submission, learned counsel relied upon this Court’s decision in Commissioner of Income Tax Vs. M/s. Jupiter Builders Pvt. Ltd., (2006) 287 ITR 287 (Del.). 8. We have heard the learned counsel for the parties and also perused the record. 9. We do not find merit in the submission made by Ms. Suruchii Aggarwal that the concealed income was detected during the course of ITA 736/2010…

ITA No.353/2009 vs. Three-N Products Pvt. Ltd

…made by a third party on 25.9.2001 and 14.12.2001. As it was manifestly not any part of the sequence of the Search, the said statement was held not to be of any consequence. A similar analysis is available in CIT ?vs- Jupiter Builders P. Ltd., [2006] 287 ITR 287 (Delhi) where the conclusion was that income not disclosed or unearthed as a result of the Search or Requisition cannot be brought to tax under Chapter-XIVB of the Act. 6. So far as the case in hand is concerned, the CIT(A) as well as the ITAT have arrived at the conclusion that the Revenue had taken into consideration a Stateme…

Commissioner of Income Tax vs. Jmd International

The appeal is dismissed

…he scope and ambit of Chapter XIV-B of the said Act. The Tribunal placed reliance on the **D**:  decisions of this Court in the case of <u>CIT v. Ravikant Jain</u>: 250 ITR 141 and <u>CIT v. Jupiter Builders Private Limited</u>: 287 ITR 287 wherein the scope of block assessment proceedings under Chapter XIV-B had been settled. The findings returned by the Tribunal are pure findings of fact. It is only thereafter that the Tribunal has applied the law as laid down by this Court in *Ravikant Jain* (supra) and *Jupiter Builders*Private Limited (supra). No substantial question of law…

Commissioner of Income Tax vs. M/S Balaji Wire Pvt.Ltd

Bench: Us, Collectively Called The Bansal Group. Thereafter, Proceedings Were Initiated Against The Assessee Under Section 158-Bc Of The Act. The Assessing Officer Made Huge Additions & These Additions Were, By & Large, Confirmed By The Commissioner Of Income Tax (Appeals) [Cit (A)]. The Tribunal Set Aside The Orders Of The Cit (A) & That Is Why The Revenue Is Before Us. Since The Facts Of All The Cases Are More Or Less Similar, They Were Dealt With By The Tribunal By One Order & We Do The Same. 3. Two Issues Have Been Canvassed Before Us: Firstly With

…Chapter.” 11. The view expressed by this Court in Ravi Kant Jain is, of course, binding on us and we have also followed the view expressed by the Rajasthan High Court in Elegant Homes. In Commissioner of Income Tax v. Jupiter Builders Pvt. Ltd., [2006] 287 ITR 287, this Court reiterated the law that the undisclosed income must be unearthed as a result of the search. This is what was said on page 298 of the ITA No.1117/2006 Page 6 of 12 Report: “Assessment proceedings undertaken under Chapter XIV-B are only in respect of undisclosed income that is that income which has not been, or would not have b…