PCIT v. Super Malls Pvt. Ltd.

Jagjit Singh, Punjab vs. ACIT, New Delhi

Bench: Shri R.K. Panda & Shri Kuldip Singh

…ies were made as regards source/receipt of funds in bank accounts and otherwise. Therefore, the AO was justified in making additions. 7. As regards proceedings u/s 153C, reliance is placed on the following decisions- (i) PCIT Vs. Super Malls Pvt. Ltd. [2016] 393 ITR 557 (Delhi) (ii) Ganpati Fincap Services Pvt. Ltd. Vs. CIT [2017] 395 ITR 692 (Delhi) (iii) SSP Aviation Ltd. Vs. DCIT [2012] 346 ITR 177 (Delhi)” (iv) PCIT Vs. Nau Nidh Overseas Pvt. Ltd. [2017] 394 ITR 753 (Delhi)” 9. Ld. AR for the assessee further contended that the satisfaction note dated 20.01.2014 prepared by AO of M/s. ABW Infrastructure (P…

Jagjit Singh, Punjab vs. ACIT, New Delhi

Bench: Shri R.K. Panda & Shri Kuldip Singh

…ies were made as regards source/receipt of funds in bank accounts and otherwise. Therefore, the AO was justified in making additions. 7. As regards proceedings u/s 153C, reliance is placed on the following decisions- (i) PCIT Vs. Super Malls Pvt. Ltd. [2016] 393 ITR 557 (Delhi) (ii) Ganpati Fincap Services Pvt. Ltd. Vs. CIT [2017] 395 ITR 692 (Delhi) (iii) SSP Aviation Ltd. Vs. DCIT [2012] 346 ITR 177 (Delhi)” (iv) PCIT Vs. Nau Nidh Overseas Pvt. Ltd. [2017] 394 ITR 753 (Delhi)” 9. Ld. AR for the assessee further contended that the satisfaction note dated 20.01.2014 prepared by AO of M/s. ABW Infrastructure (P…

Jagjit Singh, Punjab vs. ACIT, New Delhi

Bench: Shri R.K. Panda & Shri Kuldip Singh

…ies were made as regards source/receipt of funds in bank accounts and otherwise. Therefore, the AO was justified in making additions. 7. As regards proceedings u/s 153C, reliance is placed on the following decisions- (i) PCIT Vs. Super Malls Pvt. Ltd. [2016] 393 ITR 557 (Delhi) (ii) Ganpati Fincap Services Pvt. Ltd. Vs. CIT [2017] 395 ITR 692 (Delhi) (iii) SSP Aviation Ltd. Vs. DCIT [2012] 346 ITR 177 (Delhi)” (iv) PCIT Vs. Nau Nidh Overseas Pvt. Ltd. [2017] 394 ITR 753 (Delhi)” 9. Ld. AR for the assessee further contended that the satisfaction note dated 20.01.2014 prepared by AO of M/s. ABW Infrastructure (P…

Jagjit Singh, Punjab vs. ACIT, New Delhi

Bench: Shri R.K. Panda & Shri Kuldip Singh

…ies were made as regards source/receipt of funds in bank accounts and otherwise. Therefore, the AO was justified in making additions. 7. As regards proceedings u/s 153C, reliance is placed on the following decisions- (i) PCIT Vs. Super Malls Pvt. Ltd. [2016] 393 ITR 557 (Delhi) (ii) Ganpati Fincap Services Pvt. Ltd. Vs. CIT [2017] 395 ITR 692 (Delhi) (iii) SSP Aviation Ltd. Vs. DCIT [2012] 346 ITR 177 (Delhi)” (iv) PCIT Vs. Nau Nidh Overseas Pvt. Ltd. [2017] 394 ITR 753 (Delhi)” 9. Ld. AR for the assessee further contended that the satisfaction note dated 20.01.2014 prepared by AO of M/s. ABW Infrastructure (P…

ACIT, New Delhi vs. M/S. Srg Infrastructure Pvt. Ltd., New Delhi

In the result, the appeal filed by the Revenue is allowed for statistical purposes

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2010-11 Acit, Vs Srg Infrastructure Pvt. Ltd., Central Circle-07, 8-A/3, Wea, Karol Bagh, Ara Centre, Jhandewalan Extn., New Delhi. New Delhi. Pan: Aajcs1335C (Appellant) (Respondent) Assessee By : Shri Rakesh Kumar Khiwani, Ca Revenue By : Mrs. Naina Soin Kapil, Sr. Dr Date Of Hearing : 01.07.2019 Date Of Pronouncement : 15.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 24Th March, 2015 Of The Cit(A)-24, New Delhi, Relating To Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company. A Search & Seizure Operation U/S 132 Of The Income Tax Act Was Carried Out On M/S Satya Parkash & Brothers Group Of Cases On 28.10.2010 Headed By Sh. Satya Prakash Gupta. M/S S.R.G. Infrastructures P. Ltd. Is One Of The Associate Companies Of The Group. During Search On The Group, Certain Documents Relating To M/S S.R.G. Infrastructures P. Ltd. Were Found & Seized. The Assessing Officer Accordingly Issued Notice U/S 153C Of The Act On 8Th May, 2012 Requiring The Assessee To File Return Of Income Within 15 Days From The Service Of Notice U/S 153C Of The It Act, 1961. The Assessee, Vide Letter Dated 27.11.2012, Submitted That The Return Already Filed On 30Th March, 2012 Declaring Total Income Of Rs.8,270/- May Be Treated As Return Filed In Response To Notice U/S 153C Of The It Act. During The Course Of Assessment Proceedings, The Assessee Objected To The Notice Issued U/S 153C Terming The Same As Illegal. The Assessing Officer Disposed Of That Objection And, Thereafter, Proceeded To Complete The Assessment. Rejecting Various Explanations Given By The Assessee From Time To Time, The Assessing Officer Determined The Total Income Of The Assessee At Rs.1,43,23,550/-.

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER Assessment Year: 2010-11 ACIT, Vs SRG Infrastructure Pvt. Ltd., Central Circle-07, 8-A/3, WEA, Karol Bagh, ARA Centre, Jhandewalan Extn., New Delhi. New Delhi. PAN: AAJCS1335C (Appellant) (Respondent) Assessee by : Shri Rakesh Kumar Khiwani, CA Revenue by : Mrs. Naina Soin Kapil, Sr. DR Date of Hearing : 01.07.2019 Date of Pronouncement : 15.07.2019 ORDER PER R.K. PANDA, AM: This appeal filed by the Revenue is directed against the order dated 24th March, 2015 o…

ACIT, New Delhi vs. Smt Urmila Chandulal Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

…erusal and despite of being given several opportunities no submission on merits of case was made by assessee, assessment order passed under said section to make additions was justified. 4. PCIT Vs Super Malls Pvt Ltd T20161 76 taxmann.com 267 (Delhi) / T20171 393 ITR 557 (Delhi)/f20171 291 CTR 142 (Delhi) where Hon’ble Delhi High Court held that where Assessing Officer had issued satisfaction note under section 153C after satisfying himself with contents of documents seized, Tribunal could not declare it as invalid on hyper technical ground of incorrect terminologyTised in said note. Satisfaction note recorded u/…

ACIT, New Delhi vs. Krish Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

…erusal and despite of being given several opportunities no submission on merits of case was made by assessee, assessment order passed under said section to make additions was justified. 4. PCIT Vs Super Malls Pvt Ltd T20161 76 taxmann.com 267 (Delhi) / T20171 393 ITR 557 (Delhi)/f20171 291 CTR 142 (Delhi) where Hon’ble Delhi High Court held that where Assessing Officer had issued satisfaction note under section 153C after satisfying himself with contents of documents seized, Tribunal could not declare it as invalid on hyper technical ground of incorrect terminologyTised in said note. Satisfaction note recorded u/…

ACIT, New Delhi vs. Praduman Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

…erusal and despite of being given several opportunities no submission on merits of case was made by assessee, assessment order passed under said section to make additions was justified. 4. PCIT Vs Super Malls Pvt Ltd T20161 76 taxmann.com 267 (Delhi) / T20171 393 ITR 557 (Delhi)/f20171 291 CTR 142 (Delhi) where Hon’ble Delhi High Court held that where Assessing Officer had issued satisfaction note under section 153C after satisfying himself with contents of documents seized, Tribunal could not declare it as invalid on hyper technical ground of incorrect terminologyTised in said note. Satisfaction note recorded u/…

ACIT, New Delhi vs. Himanshu Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

…erusal and despite of being given several opportunities no submission on merits of case was made by assessee, assessment order passed under said section to make additions was justified. 4. PCIT Vs Super Malls Pvt Ltd T20161 76 taxmann.com 267 (Delhi) / T20171 393 ITR 557 (Delhi)/f20171 291 CTR 142 (Delhi) where Hon’ble Delhi High Court held that where Assessing Officer had issued satisfaction note under section 153C after satisfying himself with contents of documents seized, Tribunal could not declare it as invalid on hyper technical ground of incorrect terminologyTised in said note. Satisfaction note recorded u/…

ACIT, New Delhi vs. Rohan Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

…erusal and despite of being given several opportunities no submission on merits of case was made by assessee, assessment order passed under said section to make additions was justified. 4. PCIT Vs Super Malls Pvt Ltd T20161 76 taxmann.com 267 (Delhi) / T20171 393 ITR 557 (Delhi)/f20171 291 CTR 142 (Delhi) where Hon’ble Delhi High Court held that where Assessing Officer had issued satisfaction note under section 153C after satisfying himself with contents of documents seized, Tribunal could not declare it as invalid on hyper technical ground of incorrect terminologyTised in said note. Satisfaction note recorded u/…

M/S. Simbhaoli Sugars Limited, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

ACIT, New Delhi vs. M/S. Simbhaoli Sugars, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

M/S. U.P. Distillery Association, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

M/S. U.P. Distillery Association, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

M/S. U.P. Distillery Association, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

M/S. U.P. Distillery Association, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

DCIT, New Delhi vs. M/S. Svp Industries Ltd., Muzaffarnagar

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

DCIT, New Delhi vs. M/S. Svp Industries Ltd., Muzaffarnagar

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

DCIT, New Delhi vs. M/S. Svp Industries Ltd., Muzaffarnagar

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…

DCIT, New Delhi vs. M/S. Svp Industries Ltd., Muzaffarnagar

In the result, the appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Suchitra Kambleassessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2005-06

…sessees. In our considered opinion, the Assessing Officer has exceeded in his jurisdiction to initiate the proceedings u/s 153C of the Act. 51. The ld. DR has heavily relied upon the judgment of the Hon'ble Delhi High Court in the case of Super Malls Pvt Ltd 393 ITR 557. In our considered view, this judgment has no application at all on the facts of the cases in hand. In this judgment, the Hon'ble High Court has only examined whether a satisfaction note prepared in the case of the person other than the person searched by the same Assessing Officer in the file of the person searched could be held as valid. If the…