What is Fakir Mohmed Haji Hasan v. CIT authority for?

Income deemed under sections 68, 69, 69A, 69B, or 69C of the Income-tax Act is a distinct category, separate from regular heads of income under Section 14, and losses from other heads, including business losses, cannot be set off against such deemed income.

How many judgments cite Fakir Mohmed Haji Hasan v. CIT?

136 judgments on BharatTax cite Fakir Mohmed Haji Hasan v. CIT (247 ITR 290), spanning 2015 to 2026.

Which sections of the Income Tax Act does Fakir Mohmed Haji Hasan v. CIT come up under?

It is most often cited in judgments turning on Section 115BBE, Section 68, Section 145(3), Section 143(3), Section 153A, Section 144.

Fakir Mohmed Haji Hasan v. CIT (247 ITR 290)

Shri Rajesh Chachwani, Jaipur vs. Income Tax Officer, Ward-6-4, Jaipur

In the result, the appeal of the assessee is dismissed

ITA 628/JPR/2018[2008-09]Status: DisposedITAT Jaipur29 Oct 2019AY 2008-09

For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Smt. Runi Pal (JCIT)

Section 115BSection 139(1)Section 147Section 148Section 56Section 68

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH ’SMC’, JAIPUR Jh fot; iky jkWo] U;kf;d lnL; ds le{k BEFORE: SHRI SHRI VIJAY PAL RAO, JUDICIAL MEMBER vk;dj vihy la-@ITA No. 628/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2008-09. cuke Shri Rajesh Chachwani, The Income Tax Officer, Vs. 790, Ashok Chowk, Adarsh Nagar, Ward 6(4), Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. AHFPC 5628 Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri S.L. Poddar (Advocate) jktLo dh vksj ls@ Revenue by : Smt. Runi Pal (JCIT) lquokbZ dh rkjh[k@ Dat…

S.A.Enterprises, Mumbai vs. Pr. CIT - 32, Mumbai

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 2419/MUM/2019[2009-10]Status: DisposedITAT Mumbai13 Sept 2019AY 2009-10

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.2419/Mum/2019 (ननधधारण वर्ा / Assessment Years: 2009-10) बनधम/ M/S. S. A. Enterprises Pr. Cit-32 Mumbai Bunglow No.70/74, Vs. Sheyas Goral Link Road, Near Gorai Bridge Bus Stop, Borivali (W), Mumbai-400092. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abafs8654B (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Rajiv Khandelwal Revenue By: Shri Laxmi Vara Prasad Gude (Dr) सुनवाई की तारीख / Date Of Hearing: 16/07/2019 घोषणा की तारीख /Date Of Pronouncement: 13/09/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 27.03.2019 Passed By The Principal Commissioner Of Income Tax-32, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2009-10 In Which The Principal Commissioner Of Income Tax-32 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “The Ground Or Grounds Of Appeal Are Without Prejudice To One Another. 1. On The Facts & In The Circumstances Of The Case & In Law, The Id. Pr. Cit-32, Mumbai Erred In Holding That The Assessment Order Dated 22-12- 2016 Passed U/S.143(3) R.W.S. 147 By The Asst. Cit, 32(3), Mumbai Is Erroneous In So Far As It Is Prejudicial To The Interest Of The Revenue By Invoking The Provisions Of Section 263 Because In His Opinion, The Additions Of Rs.1,05,16,040/- & Rs.3,15,482/- Are Made U/S.68 & 69C Respectively Ought To Have Not Been Set Off Against The Loss Incurred During The Year & Thereby Further Erred In Setting Aside The Assessment Order & Directing The Ao To Complete The Assessment Accordingly

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri Laxmi Vara Prasad Gude

Section 143(3)Section 263Section 68

…ion 68/69 of the Act was applicable in the circumstances when the income claimed is outside all the heads of income against business income loss. The CIT(A) also relied by the decision of Hon’ble Gujarat High Court in the case Fakir Mohammad HajiHasan Vs. CIT 247 ITR 290 (Guj) as well as the Hon’ble Punjab & Haryana High Court in the case of Dulari Digital Photo Services Pvt. Ltd. Vs. CIT (P&H) (2013) 94 DTR 259. The Commissioner has held that the order 4 A.Y. 2009-10 passed u/s 143(3) r.w.s. 147 of the Act dated 22.12.2016 was erroneous and prejudicial to the interest of the revenue. Accordingly, the order of t…

ACIT Circle 1(1), Ujjain vs. A One Enclave, Ujjain

In the result, grounds taken by Revenue are dismissed

ITA 828/IND/2018[2012-13]Status: DisposedITAT Indore26 Jul 2019AY 2012-13

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 Acit, Circle-1(1), V/S M/S. A One Enclave, Ujjain 3687/1, Hariphatak Road, Ujjain

Section 115BSection 133ASection 143(2)Section 143(3)Section 263Section 68

…A One Enclave आयकर अपील"य अ"धकरण, इंदौर "यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE HON'BLE KUL BHARAT, JUDICIAL MEMBER AND HON'BLE MANISH BORAD, ACCOUNTANT MEMBER Assessment Year 2012-13 ACIT, Circle-1(1), V/s M/s. A One Enclave, Ujjain 3687/1, Hariphatak Road, Ujjain (Revenue) (Respondent) PAN AACFI3971J Revenue by Smt. Vinita Dubey, Sr.DR Assessee by S/Shri S.S. Deshpande& V.K. Ladda, CAs Date of Hearing 22.07.2019 Date of Pronouncement 26.07.2019 O R D E R PER MANISH BORAD, AM. The above captioned appeal of revenue pertaining to Assessment Year 2012-13 is directed aga…

Sh. Sanjay Bairathi, Jaipur vs. Assistant Commissioner of Income Tax, Central Circle-2, Jaipur

In the result, grounds taken by Revenue are dismissed

ITA 1343/JPR/2018[2013-14]Status: DisposedITAT Jaipur13 Jun 2019AY 2013-14

For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT)

Section 115BSection 132Section 132(4)Section 251

…sessee to set off loss other than of capital gains against income from other head. It was further submitted that in the said decision, the Gujarat High Court has taken into consideration its earlier decisions rendered in case of Fakir Mohmed HajiHasan vs CIT (247 ITR 290), the decision of DCIT vs Radhe Developers India Ltd (329 ITR 1) and decision of Madras High Court in case of CIT vs Chensing Ventures (291 ITR 258). It was further submitted that the Hon’ble Punjab & Haryana High Court in case of Kim Pharma (P) ltd (258 CTR 454) has in fact relied on the decision of Gujarat 18 ITA N0. 1343/JP/2018 Shri Sanjay B…

M/S Om Educational and Social Welfare Trust, Yamunanagar vs. DCIT, Yamunanagar

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

ITA 684/CHANDI/2015[2009-10]Status: DisposedITAT Chandigarh28 Nov 2018AY 2009-10

For Appellant: Shri Tej Mohan SinghFor Respondent: Shri Manjit Singh, Sr.DR

Section 115Section 133Section 133ASection 158BSection 69C

…lar receipts/income of the Trust and thus, required the assessee to explain why it should not be added as undisclosed income. Attention of the assessee was invited to the decision of the Gujarat High Court in the case of M/s Fakir Mohammad Haji Hassan Vs CIT (247 ITR 290). Not accepting the explanation, the said amount was added to the income of the assessee. 5. The assessee carried the issue in appeal before the CIT(Appeals) Attention was invited to the statements recorded in the course of the search. For ready reference the relevant extract from the impugned order is reproduced hereunder : “5. I have gone thro…

The DCIT, Circle-3, Surat vs. M/S. Sai Enterprise, Surat

In the result, penalty appeal for A

ITA 2373/AHD/2014[2010-11]Status: DisposedITAT Surat14 Nov 2018AY 2010-11

Bench: C .M. Garg & O. P. Meenaआ सं अ

Section 133ASection 14Section 69Section 69A

…3A was conducted wherein unaccounted on money of receipts Rs.1,50,10,225/- were detected. The assessee has also admitted as undisclosed income in his statement recorded during the course of survey. Relying on the decision in the case of Fakir Mohd. Haji Hasan 247 ITR 290 (Gujarat), the AO was of the opinion that the on money receipts were required to be taxed u/s.69 and being in the nature of deemed income would not fall under any head of income including income from other sources. In response to show cause notice, it was explained that the assessee had disclosed 1.50 crores on account of collection of money agai…

The ACIT, Circle-2(1)(1), Surat vs. Ujala Dyeing & Printing Mills Pvt. Ltd., Surat

In the result, appeal of the Revenue and CO of the assessee, are dismissed

ITA 17/AHD/2015[2009-10]Status: DisposedITAT Surat13 Nov 2018AY 2009-10

Bench: Shri Rajpal Yadav & Shri Amarjit Singhwith Co No.29/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2009-10 Acit, Cir.2(1)(1) Vs. Ujala Dyeing & Printing Surat. S/112, Jj A.C. Market Ring Road Dist. Surat Pan : Aaacu 2949 M "नधा"रण वष"/Asstt. Year: 2009-10 Ujala Dyeing & Printing Vs. Acit, Cir.2(1)(1) S/112, Jj A.C. Market Surat. Ring Road Dist. Surat Pan : Aaacu 2949 M (Applicant) (Respondent)

For Appellant: Shri Ramesh Malpani, CAFor Respondent: Smt.Smitha V. Nair, Sr.DR

Section 133ASection 143(3)Section 154

…274/Ahd/2016 9 AO was of the view that income declared during the course of survey is under a different head and against this income depreciation cannot be set off. He followed the decision of Hon’ble Gujarat High Court in the case of Fakir Mohmed Haji Hasan, 247 ITR 290. On appeal, the ld.CIT(A) examined this aspect and observed that in the total income an addition of Rs.5,87,605/- was made on account of GP. Atleast against this income, depreciation can be set off, and hence, if any depreciation is to be disallowed, then it is the amount of Rs.19,87,110/- only (Rs.25,74,715/- minus Rs.5,87,605/-). However, the l…

Ujala Dyeing & Printing Mills Pvt. Ltd., Surat vs. The Dy. Commissioner of Income Tax, Circle-2(1)(2), Surat

In the result, appeal of the Revenue and CO of the assessee, are dismissed

ITA 2274/AHD/2016[2009-10]Status: DisposedITAT Surat06 Nov 2018AY 2009-10

Bench: Shri Rajpal Yadav & Shri Amarjit Singhwith Co No.29/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2009-10 Acit, Cir.2(1)(1) Vs. Ujala Dyeing & Printing Surat. S/112, Jj A.C. Market Ring Road Dist. Surat Pan : Aaacu 2949 M "नधा"रण वष"/Asstt. Year: 2009-10 Ujala Dyeing & Printing Vs. Acit, Cir.2(1)(1) S/112, Jj A.C. Market Surat. Ring Road Dist. Surat Pan : Aaacu 2949 M (Applicant) (Respondent)

For Appellant: Shri Ramesh Malpani, CAFor Respondent: Smt.Smitha V. Nair, Sr.DR

Section 133ASection 143(3)Section 154

…274/Ahd/2016 9 AO was of the view that income declared during the course of survey is under a different head and against this income depreciation cannot be set off. He followed the decision of Hon’ble Gujarat High Court in the case of Fakir Mohmed Haji Hasan, 247 ITR 290. On appeal, the ld.CIT(A) examined this aspect and observed that in the total income an addition of Rs.5,87,605/- was made on account of GP. Atleast against this income, depreciation can be set off, and hence, if any depreciation is to be disallowed, then it is the amount of Rs.19,87,110/- only (Rs.25,74,715/- minus Rs.5,87,605/-). However, the l…

Bhima Jewellers, Sulthan Bathery, Wayanad vs. The Pr CIT, Kozhikkode

In the result, appeal of the assessee is dismissed

ITA 208/COCH/2018[2013-14]Status: DisposedITAT Cochin17 Aug 2018AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.208/Coch/2018 Assessment Year : 2013-14 M/S. Bhima Jewellers, Vs. The Pr. Commissioner Of Income- 6/785 Ai, Tax, Kozhikode. Mysore Road, Chungum Junction, Sulthan Bathery, Wayanad-673 592. [Pan: Aakfb 9817C] (Assessee-Appellant) (Revenue-Respondent) Revenue By Shri Dhanaraj A. Sr. Dr Assessee By Shri R. Krishnan, Ca Date Of Hearing 05/07/2018 Date Of Pronouncement 20/08/2018

Section 115BSection 14Section 143(3)Section 263Section 68Section 69Section 69ASection 69BSection 69CSection 69D

…gain we reiterate that the facts of the instant case as cited above are different from those involved in the above said case. Therefore, both the above judgments do not help the assessee's case. 6.5 In the case law of Fakir Mohmed Haji Hasan Vs. CIT ( [2001] 247 ITR 290 (Guj.) wherein the addition was under the Chapter VI of the Act (under section 9 69A). The scheme of the Act makes it clear that Sections 68, 69, 69A to 69D deal with cash credits, unexplained investments, unexplained money, amount of investments not fully disclosed in the books of account, unexplained expenditure and amount borrowed or repaid at…

Ashish Arora, Chandigarh vs. DCIT, Chandigarh

The appeals of the Assessee are allowed

ITA 321/CHANDI/2016[2009-10]Status: DisposedITAT Chandigarh06 Aug 2018AY 2009-10

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2009-10

For Appellant: Shri. Jaspal SharmaFor Respondent: Smt. Chandrakanta

Section 133ASection 148Section 271(1)(c)Section 54

…income u/s 69A of the Act, therefore, the corresponding deductions under the head Profits and gains are not available to the assessee. 8. Further we have also perused the judgment of Hon’ble Gujarat High Court in the case of Fakir Mohammad Hazi Hasan Vs. CIT 247 ITR 290 while interpreting the scope in describing the scheme of Section 69, 69A, 69B and 69C which is as under: "The scheme of sections 69, 69A, 69B and 69C of the Income-tax Act, 1961, would show that in cases where the nature and source of investments made by the assessee or the nature and source of expenditure incurred by the assessee are not explai…

Hiteish Arora, Chandigarh vs. DCIT, Chandigarh

The appeals of the Assessee are allowed

ITA 320/CHANDI/2016[2009-10]Status: DisposedITAT Chandigarh06 Aug 2018AY 2009-10

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2009-10

For Appellant: Shri. Jaspal SharmaFor Respondent: Smt. Chandrakanta

Section 133ASection 148Section 271(1)(c)Section 54

…income u/s 69A of the Act, therefore, the corresponding deductions under the head Profits and gains are not available to the assessee. 8. Further we have also perused the judgment of Hon’ble Gujarat High Court in the case of Fakir Mohammad Hazi Hasan Vs. CIT 247 ITR 290 while interpreting the scope in describing the scheme of Section 69, 69A, 69B and 69C which is as under: "The scheme of sections 69, 69A, 69B and 69C of the Income-tax Act, 1961, would show that in cases where the nature and source of investments made by the assessee or the nature and source of expenditure incurred by the assessee are not explai…