March 16, 2016, in W. P. (C) No. 9659 of 2015 (Rajiv Agarwal v. Asst. CIT

Santosh Rani Legal Heir of Late Sh Parveen Kalyan, Kurukshetra vs. Income Tax Officer, Ward 1, Karnal

In the result, appeal of the assessee is allowed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2011-12] Santosh Rani Vs Ito, Legal Heir Of Late Shri Parveen Ward-1, Karnal, Kalyan, Krishna Nagar, Gamri, Haryana-132001. Thanesar, Distt.-Kurukshetra, Haryana-136118. Pan-Awhpr4944D Appellant Respondent Appellant By Shri Suresh K.Gupta, Ca Respondent By Shri Dheeraj Kumar Jaiswal, Sr.Dr Date Of Hearing 01.07.2025 Date Of Pronouncement 19.09.2025 Order

…ITA No.4770/Del/2024 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2011-12] Santosh Rani vs ITO, Legal Heir of Late Shri Parveen Ward-1, Karnal, Kalyan, Krishna Nagar, Gamri, Haryana-132001. Thanesar, Distt.-Kurukshetra, Haryana-136118. PAN-AWHPR4944D APPELLANT RESPONDENT Appellant by Shri Suresh K.Gupta, CA Respondent by Shri Dheeraj Kumar Jaiswal, Sr.DR Date of Hearing 01.07.2025 Date of Pronouncement 19.09.2025 ORDER PER MANISH AGARWAL, AM : The present appeal is filed by assessee again…

Sobhin Buildwell Private Limited, Delhi vs. Income Tax Officer, Ward 24(1), Delhi, New Delhi

…eopen the assessment by issue of notice u/s 148 without making any further enquiries. Ld. Counsel for the assessee referring to para 35 of this judgment submitted that the Hon'ble Delhi High Court reiterated its decision in the case of Rajiv Aggarwal vs. CIT (395 ITR 255) that “even in cases where the AO comes across certain unverified information, it is necessary for him to take further steps, make enquiries and garner further material and such material indicates that income of an assessee has escaped assessment, form a believe that income of the assessee has escaped assessment. There is non-application of mind…

Pr.Commissioner of Income Tax Delhi-04 vs. M/S Ganesh Ganga Insvestments Pvt Ltd

Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA

…ormation from any source would not by itself tantamount to reason to believe that income chargeable to tax has escaped assessments". 35. In the decision of this court dated March 16, 2016, in W. P. (C) No. 9659 of 2015 (Rajiv Agarwal v. Asst. CIT (2017) 395 ITR 255 (Delhi)) it was emphasised that "even in cases where the Assessing Officer comes across certain unverified information, it is necessary for him to take further steps, make inquiries and garner further material and if such material indicates that income of an assessee has escaped assessment, form a belief that income of the assessee has esca…

Raghubir Singh Punia, New Delhi vs. ITO, Ward 30(8), New Delhi.

In the result, the appeal of the assessee is partly allowed as

Bench: Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.2252/Del/2024 िनधा"रणवष"/Assessment Year: 2012-13

…onsistencies in the reasons recorded. The proceedings initiated u/s 148 and the reasons suggests that reopening was attempted on mere suspicion that the income to the tune of Rs.1,25,46,000/- had escaped assessment. 12. In the case of Rajiv Aggarwal Vs. ACIT (395 ITR 255) held as under: - I.T.A.No.2252/Del/2024 “Secondly, the Assessing Officer’s belief that income of an assessee has escaped assessment must be based on tangible material. It has been explained in a number of decisions that there must be a “close nexus” or “live link” between tangible material and the reason to believe that income has escaped ass…

Champion Builder Pvt. Ltd., Kolkata vs. ITO, Ward-1(3), Gurgaon

In the result, both the appeals of the assessee are partly

Bench: Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A Nos.462 & 463/Del/2024 िनधा"रणवष"/Assessment Years: 2015-16 & 2016-17

…I.T.A.Nos.462 & 463/Del/2024 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं/.I.T.A Nos.462 & 463/Del/2024 िनधा"रणवष"/Assessment Years: 2015-16 & 2016-17 बनाम CHAMPION BUILDER PVT. LTD. ITO, 5, J.B.S., Halden Avenue, Vs. Ward-1(3), Silver Arcade, 2nd Floor, Room No.52, Gurgaon, Kolkata, West Bengal, 700105 Haryana. PAN No.AAACC0281G अपीलाथ" Appellant ""यथ"/Respondent Shri Manoj Kataruka, Adv. िनधा"रतीक"ओरसे /Assessee by Shri Om Parkash, Sr. DR राज"वक"ओरसे /Revenue by सुनवाईक"तारीख/ Date of hearing: 01.07.2024 21.08.2024 उ"ोषणाक"तारीख/P…

Nisha Goel, Delhi vs. Income Tax Officer, Ward 52(3), Ward

In the result, appeal of the assessee is partly allowed as

Bench: Shri Shamim Yahya & Shri Challa Nagendra Prasadिनधा"रणवष"/Assessment Year: 2012-13

…sistencies in the reasons recorded. The proceedings initiated u/s 148 and the reasons suggests that reopening was attempted on mere suspicion that the income to the tune of Rs.1,25,46,000/- had escaped assessment. 12. In the case of Rajiv Aggarwal Vs. ACIT (395 ITR 255) held as under: - “Secondly, the Assessing Officer’s belief that income of an assessee has escaped assessment must be based on tangible material. It has been explained in a number of decisions that there must be a “close nexus” or “live link” between tangible material and the reason to 12 ITAA.No.2767/Del/2023 believe that income has escaped…

Vikas Paruthi, Ghaziabad vs. ITO, Ward- 2(1), Ghaziabad

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

Bench: Shri Narendra Kumar Billaiyaa N D Shri Challa Nagendra Prasad(Through Video Conferencing) आ.अ.सं./ I.T.A No.2772/Del/2018 िनधा"रणवष"/Assessment Year: 2011-12 Shri Vikas Paruthi, Income Tax Officer, Akhilesh Kumar, Advocate, बनाम Chamber No. 206 – 207, Ward : 2 (1), Vs. Ansal Satyam, Rdc Raj Nagar, Ghaziabad. Ghaziabad. Pan No. Amgpp9379M अपीलाथ" /Appellant ""यथ"/Respondent

…I.T.A. No. 2772/Del/2018 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F” NEW DELHI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER (Through Video Conferencing) आ.अ.सं./ I.T.A No.2772/Del/2018 िनधा"रणवष"/Assessment Year: 2011-12 Shri Vikas Paruthi, Income Tax Officer, Akhilesh Kumar, Advocate, बनाम Chamber No. 206 – 207, Ward : 2 (1), Vs. Ansal Satyam, RDC Raj Nagar, Ghaziabad. Ghaziabad. PAN No. AMGPP9379M अपीलाथ" /Appellant ""यथ"/Respondent Shri Akhilesh Kumar, Adv.; & िनधा"रतीक"ओरसे /Assessee by : Shri Pushkar Pandey, Advocate. राज"वक"ओरसे /Reven…

Sastvijay Investment & Consultancy Services P.Ltd, New Delhi vs. ITO, Ward-22(4), New Delhi

In the result, both the appeals filed by the assessee are allowed

Bench: Shri R.K. Panda & Shri Vijay Pal Rao

…corded and the escapement of income. The entire reopening of the assessment was on account of borrowed satisfaction and there is no clear application of mind. 8. Referring to the decision of the Hon’ble Delhi High Court in the case of Rajiv Aggarwal vs. ACIT, 395 ITR 255, he submitted that the Hon’ble High Court has held that even in cases where the AO comes across certain unverified information, it is necessary for him to take further steps, make inquiries and garner further material and if such material indicates that income of an assessee has escaped assessment, form a belief that income of the assessee has es…

R.N. Khemka Enterprises (P) Ltd., Delhi vs. ITO Ward- 20(3), New Delhi

In the result, the appeal filed by the assessee is

Bench: Shri R.K. Panda & Ms. Suchitra Kamble[Assessment Year: 2011-12]

…ssessment proceedings in the instant case is based on borrowed satisfaction based on the conclusion drawn by Investigation tax possible escapement of income. Referring to the decision of the Hon’ble Delhi High Court in the case of Sh. Rajiv Agarwal vs ACIT 395 ITR 255(Del.), he submitted that the Hon’ble Delhi High Court held that even in cases where the AO comes across certain unverified information, it is necessary for him to take further steps, make enquiries and garner further material and if such material indicates that income of an assessee has escaped assessment form a belief that income of the asses…

Savita Holdings Pvt. Ltd., Delhi vs. ITO, Ward- 22(4), New Delhi

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

…on Wing for about 2 years and did not verify the same and just repeated the same for the purpose of reopening of the assessment. He has relied upon 13 ITA.No.1389/Del./2019 the judgment of Hon’ble Delhi High Court in the case of Shri Rajiv Agarwal vs. ACIT 395 ITR 255 in which it was held that “even in cases, where the AO comes across certain unverified information, it is necessary for him to take further steps, make inquiries and garner further material and, if such material indicates that income of an Assessee has escaped assessment, form a belief that income of the assessee has escaped assessment. Ther…

Radiance Stock Traders Pvt. Ltd., Delhi vs. ITO, Ward- 20(4), New Delhi

In the result, the Appeal filed by the Assessee stands allowed

Bench: Shri H.S. Sidhuassessment Year : 2010-11

…l Aggarwal vs. ACIT in ITA No. 1662/Del/2018 dated 29.6.2018. 3. ITAT, Jaipur Bench decision in the case of DCIT vs. Gyandeep Khemka in ITA No. 695/JP/2018. 4. CIT vs. Kelvinator of India Ltd. reported in 320 ITR 561 (SC) 5. reported in 291 ITR 500 (SC) 6. 395 ITR 255 (Del.) Rajiv Aggarwal vs. ACIT 7. 321 ITR 526 (Del.) CIT vs. Batra Bhatta & Co. 8. 132 ITR 707 at page 710 Ashok Kumar Sen vs. ITO. 9. 298 ITR 198 (Del.) Sabh Infrastructure Ltd. vs. ACIT. 10. 87 ITR 349 (SC) CIT vs. Daulat Ram Rawatmull 11. 82 ITR 147 (SC) Sheo Nath Singh vs. AAC. 12. 258 ITR 317 (Del.) United Electrical Co. (P) Ltd. vs. C…

Prabhu Dayal Aggarwal, New Delhi vs. ACIT, Circle-59(1), New Delhi

In the result, the appeal filed by the assessee is allowed

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2009-10 Prabhu Dayal Aggarwal, Acit, Circle- 59(1), G- 47, Preet Vihar, New Delhi. Vs. New Delhi.

…he case of Pr.CIT vs. G & Pharma India Ltd. reported in 384 ITR 147 and Pr.CIT vs. Meenakshi Overseas (P) Ltd. reported in 395 ITR 677. He also referred to the decision of the Hon’ble Delhi High Court in the case of Rajiv Agarwal & Ors. vs. ACIT reported in 395 ITR 255 to the proposition that where the reopening is based on suspicion without any tangible supportive material the reassessment was held to be unsustainable in law. 14. On the point of CCM modification not resulting into a valid reassessment, he referred to the decision of the Hon’ble Bombay High Court in Writ Petition No.2627/2016 order dated 23…

Gorika Investment and Exports Pvt. Ltd., New Delhi vs. ITO, Ward- 10(2), New Delhi

In the result, appeal of the assessee is allowed

Bench: Sh. N. K. Sainiita No. 3396/Del/2018 : Asstt. Year : 2009-10 M/S Gorika Investment & Vs Income Tax Officer, Exports (P) Ltd., 531Sg Ward-10(2), Complex, Dc Chowk Market, New Delhi Sector-9, Rohini, Delhi-110085 (Appellant) (Respondent) Pan No. Aaacg2462K Assessee By : Sh. Gautam Jain, Adv., Sh. Piyush Kumar Kamal, Adv. & Sh. Lalit Mohan, Ca Revenue By : Sh. B. R. Mishra, Sr. Dr Date Of Hearing : 04.06.2018 Date Of Pronouncement : 13.06.2018 Order This Is An Appeal By The Assessee Against The Order Dated 15.02.2018 Of Ld. Cit(A)-35, New Delhi.

…operties (P) Ltd. Vs ITO in ITA No. 6398/Del/2016 order dated 28.04.2017 " M/s Layak Fabrics (P) Ltd. Vs ITO in ITA No. 491/Del/2014 order dated 15.07.2016 " Pragati Vanijya Ltd. Vs ACIT in ITA No. 5096/Del/2014 order dated 31.07.2017 " Rajiv Aggarwal Vs ACIT 395 ITR 255 (Del.) " CIT Vs Batra Bhatta & CO. 321 ITR 526 (Del.) " Ashok Kumar Sen Vs ITO 132 ITR 707 (Del.) " Sabh Infrastructure Ltd. Vs ACIT 398 ITR 198 (Del.) " CIT Vs G&G Pharma India Ltd. 384 ITR 147 (Del.) " Unique Metal Industries Vs ITO in ITA No. 1372/Del/2015 order dated 28.10.2015 " Punjab Metal Store Vs ITO in ITA No. 512/Del/2015 order dated 0…