PCIT v. Super Malls Pvt Ltd T20161

ACIT, CENTRAL CIRCLE- 16, NEW DELHI vs. VINITA CHAURASIA, NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singh(Through Video Conference)

…is Court which have explained the aforementioned decision and in particular the phrase „belongs to‟ occurring in Section 153C of the Act. He placed particular reliance on the decisions in Principal Commissioner of Income- tax-8 v. Super Malls (P.) Ltd. [2017] 291 CTR 142 (Del), Principal Commissioner of Income Tax, Circle-II v. Satkar Fincap (decision dated 16th November, 2016 in ITA No. 82 of 2016) and Principal Commissioner of Income Tax (Central)-2 v. Nau Nidh Overseas Pvt. Ltd. (decision dated 3rd February, 2017 in ITA No. 58/2017). 16. At the outset, it requires to be noticed that the search in the present c…

DCIT, NEW DELHI vs. M/S STC DEVELOPERS PVT. LTD.,, NEW DELHI

Bench: Shri Amit Shukla & Shri Dr. B.R.R. Kumar

…his Court which have explained the aforementioned decision and in particular the phrase ‘belongs’ to occurring in Section 153C of the Act. He placed particular reliance on the decisions in Principal Commissioner of Income-tax-8 v. Super Malls (P.) Ltd. [2017] 291 CTR 142 (Del), Principal Commissioner of Income Tax, Circle-II v. Satkar Fincap (decision dated 16th November, 2016in ITA No. 82 of 2016)and Principal Commissioner of Income Tax (Central)-2 v. Nau Nidh Overseas Pvt. Ltd. (decision dated 3rdFebruary, 2017in ITA No. 58/2017). 16. At the outset, it requires to be noticed that the search in the present case…

DCIT, NEW DELHI vs. M/S SUNCITY PROJECTS PVT. LTD.,, NEW DELHI

Bench: Shri Amit Shukla & Shri Dr. B.R.R. Kumar

…his Court which have explained the aforementioned decision and in particular the phrase ‘belongs’ to occurring in Section 153C of the Act. He placed particular reliance on the decisions in Principal Commissioner of Income-tax-8 v. Super Malls (P.) Ltd. [2017] 291 CTR 142 (Del), Principal Commissioner of I.T.A. No.2737/DEL/2016 15 Income Tax, Circle-II v. Satkar Fincap (decision dated 16th November, 2016in ITA No. 82 of 2016)and Principal Commissioner of Income Tax (Central)-2 v. Nau Nidh Overseas Pvt. Ltd. (decision dated 3rdFebruary, 2017in ITA No. 58/2017). 16. At the outset, it requires to be noticed that the…

M/S. SIR SHADILAL ENTERPRISES LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 5727/Del/2014 : Asstt. Year : 2004-05 Ita No. 5728/Del/2014 : Asstt. Year : 2005-06 M/S Sir Shadilal Enterprises Vs Deputy Commissioner Of Income Ltd., 4A, Hansalaya, 15, Tax, Circle-8(1), Barakhamba Road, New Delhi New Delhi (Appellant) (Respondent) Pan No. Aaecs3636D Assessee By : Sh. G. N. Gupta, Adv. Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing: 17.09.2019 Date Of Pronouncement: 16.12.2019

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 5727/Del/2014 : Asstt. Year : 2004-05 ITA No. 5728/Del/2014 : Asstt. Year : 2005-06 M/s Sir Shadilal Enterprises Vs Deputy Commissioner of Income Ltd., 4A, Hansalaya, 15, Tax, Circle-8(1), Barakhamba Road, New Delhi New Delhi (APPELLANT) (RESPONDENT) PAN No. AAECS3636D Assessee by : Sh. G. N. Gupta, Adv. Revenue by : Sh. S. S. Rana, CIT DR Date of Hearing: 17.09.2019 Date of Pronouncement: 16.12.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present…

M/S. SIR SHADILAL ENTERPRISES LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 5727/Del/2014 : Asstt. Year : 2004-05 Ita No. 5728/Del/2014 : Asstt. Year : 2005-06 M/S Sir Shadilal Enterprises Vs Deputy Commissioner Of Income Ltd., 4A, Hansalaya, 15, Tax, Circle-8(1), Barakhamba Road, New Delhi New Delhi (Appellant) (Respondent) Pan No. Aaecs3636D Assessee By : Sh. G. N. Gupta, Adv. Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing: 17.09.2019 Date Of Pronouncement: 16.12.2019

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 5727/Del/2014 : Asstt. Year : 2004-05 ITA No. 5728/Del/2014 : Asstt. Year : 2005-06 M/s Sir Shadilal Enterprises Vs Deputy Commissioner of Income Ltd., 4A, Hansalaya, 15, Tax, Circle-8(1), Barakhamba Road, New Delhi New Delhi (APPELLANT) (RESPONDENT) PAN No. AAECS3636D Assessee by : Sh. G. N. Gupta, Adv. Revenue by : Sh. S. S. Rana, CIT DR Date of Hearing: 17.09.2019 Date of Pronouncement: 16.12.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present…

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

…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/s 153C in respective the as…

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

…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/s 153C in respective the as…

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

…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/s 153C in respective the as…

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

…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/s 153C in respective the as…

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

…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/s 153C in respective the as…

ADARSH KUMAR,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

…iven 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 [2016] 76 taxmann.com 267 / {Delhi/[2017] 393 ITR 557 {Delhil/[2017] 291 CTR 142 (Delhi) (Copy Enclosed) 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 terminology used in said note. Satisfaction note recorded u/s 153C…

ADARSH KUMAR,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

…iven 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 [2016] 76 taxmann.com 267 / {Delhi/[2017] 393 ITR 557 {Delhil/[2017] 291 CTR 142 (Delhi) (Copy Enclosed) 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 terminology used in said note. Satisfaction note recorded u/s 153C…

PR. COMMISSIONER OF INCOME TAX (CENTRAL-2) vs. SMT. VINITA CHAURASIA

The appeals are dismissed

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

…ITA Nos. 1004 of 2015 & 1005 of 2015 Page 1 of 14 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 4. + ITA 1004/2015 PR. COMMISSIONER OF INCOME TAX (CENTRAL-2) ..... Appellant Through: Mr. Dileep Shivpuri, Senior Standing Counsel with Mr. Sanjay Kumar, Advocate. versus VINITA CHAURASIA ..... Respondent Through: Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Bhuwan Dhoopar, Advocates. AND 5. + ITA 1005/2015 PR. COMMISSIONER OF INCOME TAX (CENTR…