Overseas Chinese Cuisine v. Asstt. CIT

56 ITD 67Income Tax Appellate Tribunal1996#12910 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 131Section 132(4A)Section 292CSection 132(1)Section 133ASection 143(3)Section 147Section 23(3)

Issues it is cited on

section 181section 23(3)section 114(e)circle ratepreponderance of probabilitysection 132(4a)percentage completion methodon-moneysection 131(1a)section 132(1)loose papersstamp duty value

Judgments citing Overseas Chinese Cuisine v. Asstt. CIT

ACIT CENTRAL CIRCLE 1(4) MUMBAI, MUMBAI vs. KALYANEE FORTUNE CONSTRUCTIONS, MUMBAI

In the result, all the above appeals in ITA Nos

ITA 5779/MUM/2024[2019-20]Status: DisposedITAT Mumbai23 Dec 2025AY 2019-20

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Neelkanth Khandelwal, ARFor Respondent: Ms. Kavitha Kaushik, (Sr. DR)
Section 131Section 132(1)Section 133ASection 143(3)

…oney in one flat and would not accept in the neighbouring flat. Reliance was placed by the AO on the decision of Hon’ble ITAT, Pune Bench, in the case of Golani Brothers (2000) 75 ITD 1,Overseas Chinese Cuisine vs. Asstt. CIT (1996) 55 TTJ (Bo304 (TM); (1996) 56 ITD 67 (Bom) (TM) and judgement of the Bombay High Court in the case of Harish Textiles Engineers (2015) 128 DTR (Bom) 145,wherein the estimation of on-money was also upheld for the period prior to the period for which evidence was found. In this case, the AO observed P a g e | 5 ITA No. 4444, 4445, 4448 & 5779/Mum/2024 A.Y. 2017-18, 2018-19, 2019-20 & 2…

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4), MUMBAI vs. KALYANEE FORTUNE CONSTRUCTIONS, MUMBAI

In the result, all the above appeals in ITA Nos

ITA 4448/MUM/2024[2017-18]Status: DisposedITAT Mumbai23 Dec 2025AY 2017-18
Section 131Section 132(1)Section 133ASection 143(3)

…in\none flat and would not accept in the neighbouring flat. Reliance was placed by\nthe AO on the decision of Hon'ble ITAT, Pune Bench, in the case of Golani\nBrothers (2000) 75 ITD 1,Overseas Chinese Cuisine vs. Asstt. CIT (1996) 55\nTTJ (B0304 (TM); (1996) 56 ITD 67 (Bom) (TM) and judgement of the\nBombay High Court in the case of Harish Textiles Engineers (2015) 128 DTR\n(Bom) 145,wherein the estimation of on-money was also upheld for the period\nprior to the period for which evidence was found. In this case, the AO observed\nPage 5\nITA No. 4444, 4445, 4448 & 5779/Mum/2024\nΑ.Υ. 2017-18, 2018-19, 2019-20 & 2…

ASSISTANT COMMISSIONER OF INCOME TAX , MUMBAI vs. KALYANEE FORTUNE CONSTRUCTIONS, MUMBAI

In the result, all the above appeals in ITA Nos

ITA 4445/MUM/2024[2018-19]Status: DisposedITAT Mumbai23 Dec 2025AY 2018-19

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Neelkanth Khandelwal, ARFor Respondent: Ms. Kavitha Kaushik, (Sr. DR)
Section 131Section 132(1)Section 133ASection 143(3)

…oney in one flat and would not accept in the neighbouring flat. Reliance was placed by the AO on the decision of Hon’ble ITAT, Pune Bench, in the case of Golani Brothers (2000) 75 ITD 1,Overseas Chinese Cuisine vs. Asstt. CIT (1996) 55 TTJ (Bo304 (TM); (1996) 56 ITD 67 (Bom) (TM) and judgement of the Bombay High Court in the case of Harish Textiles Engineers (2015) 128 DTR (Bom) 145,wherein the estimation of on-money was also upheld for the period prior to the period for which evidence was found. In this case, the AO observed P a g e | 5 ITA No. 4444, 4445, 4448 & 5779/Mum/2024 A.Y. 2017-18, 2018-19, 2019-20 & 2…

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1 4 MUMBAI, MUMBAI vs. MS. KALYANEE FORTUNE CONSTRUCTIONS , MUMBAI

In the result, all the above appeals in ITA Nos

ITA 4444/MUM/2024[2020-21]Status: DisposedITAT Mumbai23 Dec 2025AY 2020-21
For Appellant: \nShri Neelkanth Khandelwal, ARFor Respondent: \nMs. Kavitha Kaushik, (Sr. DR)
Section 131Section 132(1)Section 133ASection 143(3)

…in\none flat and would not accept in the neighbouring flat. Reliance was placed by\nthe AO on the decision of Hon'ble ITAT, Pune Bench, in the case of Golani\nBrothers (2000) 75 ITD 1,Overseas Chinese Cuisine vs. Asstt. CIT (1996) 55\nTTJ (B0304 (TM); (1996) 56 ITD 67 (Bom) (TM) and judgement of the\nBombay High Court in the case of Harish Textiles Engineers (2015) 128 DTR\n(Bom) 145,wherein the estimation of on-money was also upheld for the period\nprior to the period for which evidence was found. In this case, the AO observed\nPage 5\nITA No. 4444, 4445, 4448 & 5779/Mum/2024\nA.Y. 2017-18, 2018-19, 2019-20 & 2…

SHREE BALAJI REALTY ,PUNE vs. INCOME TAX, CENTRAL CIRCLE 2(3), PUNE , PUNE

In the result, appeals for

ITA 877/PUN/2024[2019-2020]Status: DisposedITAT Pune07 Feb 2025AY 2019-2020

Bench: Shri R. K. Panda & Ms. Astha Chandra

Section 132Section 143(2)Section 153A

…received by the Assessee. The Hon'ble Tribunal Pune Bench while deciding the issue has followed the decision of the Hon'ble President, of the Tribunal as Third Member in the case of Overseas Chinese Cuisine vs. Asstt. CIT (1996) 55 TTJ (Bom) 304 (TM): (1996) 56 ITD 67 (Bom)(TM) wherein it has been held that once a fact has been proved to be in existence, the presumption can be raised in respect of other transactions. This treatment by the ITAT Pune was also reaffirmed by the Bombay High Court in the case reported as (2017) 160 DTR (Bom) 24. In another judgement of the Bombay High Court in the case of Harish Text…

SHREE BALAJI REALTY ,PUNE vs. INCOME TAX, CENTRAL CIRCLE 2(3), PUNE , PUNE

In the result, appeals for

ITA 876/PUN/2024[2018-19]Status: DisposedITAT Pune07 Feb 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandra

Section 132Section 143(2)Section 153A

…received by the Assessee. The Hon'ble Tribunal Pune Bench while deciding the issue has followed the decision of the Hon'ble President, of the Tribunal as Third Member in the case of Overseas Chinese Cuisine vs. Asstt. CIT (1996) 55 TTJ (Bom) 304 (TM): (1996) 56 ITD 67 (Bom)(TM) wherein it has been held that once a fact has been proved to be in existence, the presumption can be raised in respect of other transactions. This treatment by the ITAT Pune was also reaffirmed by the Bombay High Court in the case reported as (2017) 160 DTR (Bom) 24. In another judgement of the Bombay High Court in the case of Harish Text…

SHREE BALAJI REALTY,PUNE vs. INCOME TAX, CENTRAL CIRCLE 2(3), PUNE, PUNE

In the result, appeals for assessment years 2017-18 and 2018-19 are allowed and the appeal for assessment year 2019-20 is partly allowed

ITA 875/PUN/2024[2017-18]Status: DisposedITAT Pune07 Feb 2025AY 2017-18

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Neelesh KhandelwalFor Respondent: S/Shri Amol Kharnar CIT-DR &
Section 132Section 143(2)Section 153A

…received by the Assessee. The Hon'ble Tribunal Pune Bench while deciding the issue has followed the decision of the Hon'ble President, of the Tribunal as Third Member in the case of Overseas Chinese Cuisine vs. Asstt. CIT (1996) 55 TTJ (Bom) 304 (TM): (1996) 56 ITD 67 (Bom)(TM) wherein it has been raised in respect of other transactions. This treatment by the ITAT Pune was also reaffirmed by the Bombay High Court in the case reported as (2017) 160 DTR (Bom) 24. In another judgement of the Bombay High Court in the case of Harish Textiles Engineers (2015) 128 DTR (Bom) 145, the estimation of 'on-money' on machines…

ITO, NEW DELHI vs. M/S. NATHU SWEETS PVT. LTD., NEW DELHI

In the result, appeal of the Revenue is allowed whereas the cross objection of the assessee is dismissed

ITA 3266/DEL/2012[2004-05]Status: DisposedITAT Delhi13 Oct 2017AY 2004-05

Bench: Sh. Bhavnesh Saini & Sh. O.P. Kantassessment Year: 2004-05 Vs. M/S. Nathu Sweets Pvt. Ltd., 2- Income Tax Officer, Ward - 13(1), Room No. 219, C.R. Sunder Nagar Market, New Building, New Delhi Delhi Pan : Aaacn9419R (Appellant) (Respondent) & C.O. No. 307/Del/2012 [In Ita No. 3266/Del/2012] Assessment Year: 2004-05 M/S. Nathu Sweets Pvt. Ltd., 2- Vs. Income Tax Officer, Ward - Sunder Nagar Market, New 13(1), Room No. 219, C.R. Delhi Building, New Delhi Pan : Aaacn9419R (Appellant) (Respondent) Department By Ms. Sweta Nakra Datta, Sr.Dr Assessee By S/Sh. K. Sampath & Raj Kumar, Advocates Date Of Hearing 28.08.2017 Date Of Pronouncement 13.10.2017 Order Per O.P. Kant, A.M.:

Section 133A

…nning of financial year. 10. Regarding the presumption of existence of anything or state for backward period, the third member in the decision of the Tribunal in the case of Overseas Chinese Cuisine Vs. Assistant Commissioner of Income-tax, reported in (1996) 56 ITD 67 (Mum.), held as under: C.O. No. 307/Del/2012 “66. The assessee's Restaurant started in 1984 and assessment year 1986-87 is the first assessment year. Originally sales billing was made manually. Later in the middle of the accounting year, relevant to assessment year 1990-91, the computer billing was introduced. Even after computer billing was intro…

Overseas Chinese Cuisine v. Asstt. CIT (56 ITD 67) — Cited in 8 Judgments | BharatTax