Pr. CIT v. Meeta Gutgutia

395 ITR 526High Court2017#35 most cited

What is Pr. CIT v. Meeta Gutgutia authority for?

In search assessments under Section 153A, additions to income are permissible only if incriminating material is found during the search; in the absence of such material, completed assessments cannot be disturbed. A statement recorded under Section 132(4) and later retracted may not, on its own, constitute sufficient incriminating evidence for making additions.

1,226

judgments rely on this decision, according to BharatTax’s citation analysis of 367,735 Indian tax judgments — from 2017 to 2026.

Also referred to as

Pr. CIT v. Meeta Gutgutia · 395 ITR 526 · search assessment · Section 153A · Section 132(4) · incriminating material · retracted statement · completed assessments · additions without incriminating evidence · Kabul Chawla principle

Also reported as

82 Taxmann.com 287248 Taxmann 384157 DTR 20

Sections most often in play

Section 153ASection 143(3)Section 132Section 147Section 148Section 153CSection 132(4)Section 143(2)
Read the full judgment

Issues it is cited on

section 153(1)statement under section 132(4)retracted statementsection 132(1)section 153a(1)section 153bpanchnamasection 132asearch assessmentblock periodsection 158bsection 158

Judgments citing Pr. CIT v. Meeta Gutgutia

ACIT, New Delhi vs. M/S Alankar Saphire Developers Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2607/DEL/2016[2004-05]Status: DisposedITAT Delhi27 Apr 2020AY 2004-05

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S Alankar Saphire Developers Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2606/DEL/2016[2003-04]Status: DisposedITAT Delhi27 Apr 2020AY 2003-04

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S Witness Constructions Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2603/DEL/2016[2006-07]Status: DisposedITAT Delhi27 Apr 2020AY 2006-07

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S Worldwide Realtors Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2601/DEL/2016[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

M/S. Worldwide Realtors (P) Ltd, New Delhi vs. DCIT, New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2280/DEL/2016[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

M/S. Alankar Saphire Developers, New Delhi vs. DCIT, New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2279/DEL/2016[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

M/S. Alankar Saphire Developers, New Delhi vs. DCIT, New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2278/DEL/2016[2004-05]Status: DisposedITAT Delhi27 Apr 2020AY 2004-05

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

M/S. Alankar Saphire Developers, New Delhi vs. DCIT, New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2277/DEL/2016[2003-04]Status: DisposedITAT Delhi27 Apr 2020AY 2003-04

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

M/S. Pegasus Softech (P) Ltd, New Delhi vs. DCIT, New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 2274/DEL/2016[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S Vinman Estates Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 1980/DEL/2016[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S Gee Gee Builders Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 1975/DEL/2016[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S Nageshwar Realtors Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 1972/DEL/2016[2006-07]Status: DisposedITAT Delhi27 Apr 2020AY 2006-07

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S Witness Builders Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 1971/DEL/2016[2006-07]Status: DisposedITAT Delhi27 Apr 2020AY 2006-07

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

M/S Vinman Estates (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 1589/DEL/2016[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

ACIT, New Delhi vs. M/S. Believe Developers & Promoters Pvt. Ltd., New Delhi

In the result, appeal of the Assessee allowed and appeal of the Department dismissed

ITA 6444/DEL/2015[2005-06]Status: DisposedITAT Delhi27 Apr 2020AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…ng material unearthed during course of search which was not produced or not already disclosed or made known in course of original assessment.” 20.2. The Hon’ble jurisdictional Delhi High Court in the case of Pr. CIT, Central IT, New Delhi vs., Meeta Gutgutia 395 ITR 526 (Del.) in paras 69 to 72 considering the Judgment in the case of CIT vs., Kabul Chawla (supra), held as under : “69. What weighed with the Court in the above decision as the “habitual concealing of income and indulging in clandestine operations” and that a person indulging in 34 ITA.No.2277/Del./2016 etc., batch M/s. Alankar Saphire Developers,…

M/S. Saluja Construction Co. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 219/DEL/2017[2008-09]Status: DisposedITAT Delhi20 Apr 2020AY 2008-09

Bench: Ms. Sushma Chowladr. B. R. R. Kumarita No. 219/Del/2017 :Asstt. Year : 2008-09 Saluja Construction Co. Ltd., Vs Acit, Munirka Marg, Vasant Vihar, Central Circle-30, New Delhi-110057 New Delhi (Appellant) (Respondent) Pan No. Aabcs3788H Assessee By : Sh. R. S. Ahuja, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr 8 Date Of Hearing: 28.01.2020 Date Of Pronouncement: 20.04.2020

For Appellant: Sh. R. S. Ahuja, AdvFor Respondent: Sh. H. K. Choudhary, CIT DR
Section 132Section 143(3)Section 153Section 153ASection 68

…e fact that assessment has not been abated, these twin conditions go against the order of the revenue as declared by the judicial pronouncement of the Hon’ble Jurisdictional High Court in the case of CIT Vs Kabul Chawala 380 ITR 057 and PCIT Vs Meeta Gutgutia 395 ITR 526 (Del.). Hence the addition is liable to be deleted. 13. In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 20/04/2020. (Sushma Chowla) (Dr. B. R. R. Kumar) Vice President Accountant Member Dated: 20/04/2020 *Subodh*…

Asst CIT CC 1 (1), Mumbai vs. M/S B & M Buildcon, Mumbai

Appeal stand allowed in terms of our above order whereas the revenue’s appeal stands dismissed

ITA 7472/MUM/2019[2013-14]Status: DisposedITAT Mumbai20 Mar 2020AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No.6673/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) & आयकरअपील िं./ I.T.A. No.6674/Mum/2019 (धििाारण वर्ा / Assessment Year: 2014-15) M/S. B & M Buildcon Dcit-Central Circle-1(1) V-Time Square, Level 13 Room No.903, 9Th Floor बिाम/ Plot No.3, Sector-15 Pratishtha Bhavan Vs. Palm Beach Road, Cbd Belapur Old Cgo Bdg. (Annexe) Navi Mumbai- 400 614. M.K. Road, Mumbai- 400 020. स्थायीलेखा िं./जीआइआर िं./Pan/Gir No. Aalfb-6551-C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & आयकरअपील िं./ I.T.A. No.7472/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) Acit-Central Circle-1(1) M/S. B & M Buildcon Room No.903, 9Th Floor V-Time Square, Level 13 बिाम/ Pratishtha Bhavan Plot No.3, Sector-15 Vs. Old Cgo Bdg. (Annexe) Palm Beach Road, Cbd Belapur M.K. Road, Mumbai- 400 020. Navi Mumbai- 400 614. स्थायीलेखा िं./जीआइआर िं./Pan/Gir No. Aalfb-6551-C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Vijay Mehta-Ld.Ar Revenue By : Shri Rahul Raman-Ld. Cit- Dr ुनवाई की तारीख/ : 20/02/2020 Date Of Hearing घोषणा की तारीख / : 20/03/2020 Date Of Pronouncement

For Appellant: Shri Vijay Mehta-Ld.ARFor Respondent: Shri Rahul Raman-Ld. CIT- DR
Section 143(3)Section 153A

…s are the decision of Hon’ble Apex Court in B.Kishore Kumar V/s CIT (234 Taxman 771), the decision of Hon’ble Kerala High Court in CIT V/s St.Francis Clay Décor Tiles (70 Taxmann.com 234) & the decision of Hon’ble Delhi High Court in Dayawanti & Ors. V/s CIT (390 ITR 496). However, upon perusal of contents thereof as extracted in the impugned order, we find that reliance on all these decisions is misplaced since it is evident that in all those cases, the sworn statements were made by the assessee himself during the course of search proceedings and it was held that the same would constitute valuable piece of evide…

B & M Buildcon, Mumbai vs. DCIT, CC- 1 (1), Mumbai

Appeal stand allowed in terms of our above order whereas the revenue’s appeal stands dismissed

ITA 6674/MUM/2019[2014-15]Status: DisposedITAT Mumbai20 Mar 2020AY 2014-15

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No.6673/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) & आयकरअपील िं./ I.T.A. No.6674/Mum/2019 (धििाारण वर्ा / Assessment Year: 2014-15) M/S. B & M Buildcon Dcit-Central Circle-1(1) V-Time Square, Level 13 Room No.903, 9Th Floor बिाम/ Plot No.3, Sector-15 Pratishtha Bhavan Vs. Palm Beach Road, Cbd Belapur Old Cgo Bdg. (Annexe) Navi Mumbai- 400 614. M.K. Road, Mumbai- 400 020. स्थायीलेखा िं./जीआइआर िं./Pan/Gir No. Aalfb-6551-C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & आयकरअपील िं./ I.T.A. No.7472/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) Acit-Central Circle-1(1) M/S. B & M Buildcon Room No.903, 9Th Floor V-Time Square, Level 13 बिाम/ Pratishtha Bhavan Plot No.3, Sector-15 Vs. Old Cgo Bdg. (Annexe) Palm Beach Road, Cbd Belapur M.K. Road, Mumbai- 400 020. Navi Mumbai- 400 614. स्थायीलेखा िं./जीआइआर िं./Pan/Gir No. Aalfb-6551-C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Vijay Mehta-Ld.Ar Revenue By : Shri Rahul Raman-Ld. Cit- Dr ुनवाई की तारीख/ : 20/02/2020 Date Of Hearing घोषणा की तारीख / : 20/03/2020 Date Of Pronouncement

For Appellant: Shri Vijay Mehta-Ld.ARFor Respondent: Shri Rahul Raman-Ld. CIT- DR
Section 143(3)Section 153A

…s are the decision of Hon’ble Apex Court in B.Kishore Kumar V/s CIT (234 Taxman 771), the decision of Hon’ble Kerala High Court in CIT V/s St.Francis Clay Décor Tiles (70 Taxmann.com 234) & the decision of Hon’ble Delhi High Court in Dayawanti & Ors. V/s CIT (390 ITR 496). However, upon perusal of contents thereof as extracted in the impugned order, we find that reliance on all these decisions is misplaced since it is evident that in all those cases, the sworn statements were made by the assessee himself during the course of search proceedings and it was held that the same would constitute valuable piece of evide…

B & M Buildcon, Mumbai vs. DCIT, CC- 1 (1), Mumbai

Appeal stand allowed in terms of our above order whereas the revenue’s appeal stands dismissed

ITA 6673/MUM/2019[2013-14]Status: DisposedITAT Mumbai20 Mar 2020AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No.6673/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) & आयकरअपील िं./ I.T.A. No.6674/Mum/2019 (धििाारण वर्ा / Assessment Year: 2014-15) M/S. B & M Buildcon Dcit-Central Circle-1(1) V-Time Square, Level 13 Room No.903, 9Th Floor बिाम/ Plot No.3, Sector-15 Pratishtha Bhavan Vs. Palm Beach Road, Cbd Belapur Old Cgo Bdg. (Annexe) Navi Mumbai- 400 614. M.K. Road, Mumbai- 400 020. स्थायीलेखा िं./जीआइआर िं./Pan/Gir No. Aalfb-6551-C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & आयकरअपील िं./ I.T.A. No.7472/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) Acit-Central Circle-1(1) M/S. B & M Buildcon Room No.903, 9Th Floor V-Time Square, Level 13 बिाम/ Pratishtha Bhavan Plot No.3, Sector-15 Vs. Old Cgo Bdg. (Annexe) Palm Beach Road, Cbd Belapur M.K. Road, Mumbai- 400 020. Navi Mumbai- 400 614. स्थायीलेखा िं./जीआइआर िं./Pan/Gir No. Aalfb-6551-C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Vijay Mehta-Ld.Ar Revenue By : Shri Rahul Raman-Ld. Cit- Dr ुनवाई की तारीख/ : 20/02/2020 Date Of Hearing घोषणा की तारीख / : 20/03/2020 Date Of Pronouncement

For Appellant: Shri Vijay Mehta-Ld.ARFor Respondent: Shri Rahul Raman-Ld. CIT- DR
Section 143(3)Section 153A

…s are the decision of Hon’ble Apex Court in B.Kishore Kumar V/s CIT (234 Taxman 771), the decision of Hon’ble Kerala High Court in CIT V/s St.Francis Clay Décor Tiles (70 Taxmann.com 234) & the decision of Hon’ble Delhi High Court in Dayawanti & Ors. V/s CIT (390 ITR 496). However, upon perusal of contents thereof as extracted in the impugned order, we find that reliance on all these decisions is misplaced since it is evident that in all those cases, the sworn statements were made by the assessee himself during the course of search proceedings and it was held that the same would constitute valuable piece of evide…

Mr. Yunus Zia, Bangalore vs. DCIT, Bangalore

In the result, all the five appeals of the assessee are allowed in the terms indicated above

ITA 126/BANG/2013[2003-04]Status: DisposedITAT Bangalore20 Mar 2020AY 2003-04

Bench: Shri N. V. Vasudevan & Shri A. K. Garodia

For Appellant: Shri. S. Ramasubramanian, CAFor Respondent: Shri. Dilip, Junior Standing Counsel
Section 132Section 143(1)Section 143(2)Section 153ASection 154

…Delhi High Court rendered in the case of CIT vs. Kabul Chawala, 380 ITR 573, of Hon’ble Gujrat High Court rendered in the case of PCIT vs. Saumya Construction (P) Ltd., 387 ITR 529, of Hon’ble Delhi High Court rendered in the case of PCIT vs. Meeta Gutgutia, 395 ITR 526 against which SLP was filed by the revenue before Hon’ble Apex court which is dismissed as per judgment reported in 257 Taxman 441 (SC) and of Hon’ble Bombay High Court rendered in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva) Ltd., 374 ITR 645 . Reliance was also placed ITA No. 126 to 130/Bang/2013 Page 3 of 24 on the T…