Pr. CIT v. Ram Avtar Verma

Chandra Vidya Investment & Finance Pvt. Ltd., New Delhi vs. Deputy Commissioner of Income Tax, Central Circle -28, Delhi, New Delhi

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal, Accountnat Member

…such enquiry if it is apparent that the documents/assets in question have no bearing on the income of the assessee for the relevant assessment years." 14. Yet another judgment which merits notice is that of Pr. CIT v. Ram Avtar Verma [2017] 88 taxmann.com 666/395 ITR 252 (Delhi)/IT Appeal Nos.61 & 62 of 2017, dated 7-2-2017, where the following pertinent observations were made:- "3. CIT(A), after considering the record, was of the opinion that the additions could not be justified, and accordingly granted relief,, holding that no incriminating material was recovered during the search. The Revenue's appeal was reje…

Chandra Vidya Investment & Finance Pvt. Ltd., New Delhi vs. Deputy Commissioner of Income Tax, Central Circle -28, Delhi, New Delhi

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal, Accountnat Member

…such enquiry if it is apparent that the documents/assets in question have no bearing on the income of the assessee for the relevant assessment years." 14. Yet another judgment which merits notice is that of Pr. CIT v. Ram Avtar Verma [2017] 88 taxmann.com 666/395 ITR 252 (Delhi)/IT Appeal Nos.61 & 62 of 2017, dated 7-2-2017, where the following pertinent observations were made:- "3. CIT(A), after considering the record, was of the opinion that the additions could not be justified, and accordingly granted relief,, holding that no incriminating material was recovered during the search. The Revenue's appeal was reje…

Deputy Commissioner of Income Tax, Central Circle-25, New Delhi vs. Neelam Arya, Delhi

The appeal of the Revenue is dismissed

Bench: Ms. Madhumita Roy & Shri Naveen Chandradcit, Central Circle -25, Vs. Neelam Arya Room No. 317, 3Rd Floor, 7, Neelanchal, Bandh E-2, Ara Centre, Road,Chandanhulla, Jhandewalan Extension Chattarpur, New Delhi – 110055 Delhi – 110074 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Adtpa6583A Appellant .. Respondent

…in the course of search which were not produced or not already disclosed or made known in the course of original assessment. 5.4.2 In the subsequent decisions also, Hon'ble Court has reiterated their aforesaid views, In the case of Pr, CIT vs Ram Avtar Verma 395 ITR 252, Hon'ble Delhi High Court has supported the aforesaid view that if the assessments are completed on the date of search and no. incriminating material Is found during the search, assessment u/s 153A / 153C of the Act is invalid. Similar view has been taken by Hon'ble jurisdictional Court In the case of Pr. CIT vs Meeta Gutgutia 395 ITR 526 also wh…

ACIT, Central Circle- 30, New Delhi vs. Kuber Securities, New Delhi

Bench: Shri Satbeer Singh Godara & Shri S Rifaur Rahman, Accountnat Member

…such enquiry if it is apparent that the documents/assets in question have no bearing on the income of the assessee for the relevant assessment years." 14. Yet another judgment which merits notice is that of Pr. CIT v. Ram Avtar Verma [2017] 88 taxmann.com 666/395 ITR 252 (Delhi)/IT Appeal Nos.61 & 62 of 2017, dated 7-2-2017, where the following pertinent observations were made:- "3. CIT(A), after considering the record, was of the opinion that the additions could not be justified, and accordingly granted relief,, holding that no incriminating material was recovered during the search. The Revenue's appeal was reje…

ITO, Ward- 6(4), New Delhi vs. Creative Techno Solutions Pvt. Ltd., New Delhi

Bench: Shri Satbeer Singh Godara & Shri S Rifaur Rahman, Accountnat Member

…such enquiry if it is apparent that the documents/assets in question have no bearing on the income of the assessee for the relevant assessment years." 14. Yet another judgment which merits notice is that of Pr. CIT v. Ram Avtar Verma [2017] 88 taxmann.com 666/395 ITR 252 (Delhi)/IT Appeal Nos.61 & 62 of 2017, dated 7-2-2017, where the following pertinent observations were made:- "3. CIT(A), after considering the record, was of the opinion that the additions could not be justified, and accordingly granted relief,, holding that no incriminating material was recovered during the search. The Revenue's appeal was reje…

Partistha Commercial Centre Private Limited, Delhi vs. Commissioner of Income Tax (Appeals), Delhi

Bench: Shri Satbeer Singh Godara & Shri S Rifaur Rahman, Accountnat Member

…such enquiry if it is apparent that the documents/assets in question have no bearing on the income of the assessee for the relevant assessment years." 14. Yet another judgment which merits notice is that of Pr. CIT v. Ram Avtar Verma [2017] 88 taxmann.com 666/395 ITR 252 (Delhi)/IT Appeal Nos.61 & 62 of 2017, dated 7-2-2017, where the following pertinent observations were made:- "3. CIT(A), after considering the record, was of the opinion that the additions could not be justified, and accordingly granted relief,, holding that no incriminating material was recovered during the search. The Revenue's appeal was reje…

DCIT, Ghaziabad vs. M/S. Devidayal Aluminium Industries Pvt. Ltd., Ghaziabad

Bench: Shri Satbeer Singh Godara & Shri S Rifaur Rahman, Accountnat Member

…such enquiry if it is apparent that the documents/assets in question have no bearing on the income of the assessee for the relevant assessment years." 14. Yet another judgment which merits notice is that of Pr. CIT v. Ram Avtar Verma [2017] 88 taxmann.com 666/395 ITR 252 (Delhi)/IT Appeal Nos.61 & 62 of 2017, dated 7-2-2017, where the following pertinent observations were made:- "3. CIT(A), after considering the record, was of the opinion that the additions could not be justified, and accordingly granted relief,, holding that no incriminating material was recovered during the search. The Revenue's appeal was reje…

DCIT Central Circle-20, Delhi vs. Sumit Mittal, Delhi

Appeals of the Revenue are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kediasl. Ita/Co No(S) Asst. Appeal(S) By No Year(S) Appellant Vs. Respondent Appellant Respondent 1. 2011-12 Dcit Sumit Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West Delhi, Delhi-110 035 2. Co No.9/Del/2023 -Do- Sumit Mittal Dcit (In Ita No.833/Del/2022) Circle – 20 (Pan : Aegpm 9069 R) Delhi 3. -Do- Dcit Kailash Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West Delhi, Delhi-110 035 4. Co No.10/Del/2023 -Do- Kailash Mittal Dcit (In Ita No.831/Del/2022) Circle – 20 (Pan : Aaipm 8100 H) Delhi 5. -Do- Dcit Aanshika Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West, New Delhi -110 035 (Pan : Adupa 7586 J) Assessee By Shri Shri Anmol Sinha, Adv. Revenue By Shri H. K. Choudhary, Cit-D.R. Date Of Hearing: 26.09.2023 Date Of Pronouncement: 09.11.2023 O R D E R

…8. The aforesaid challenge has been adjudicated by the CIT(A) in favour of the assessee by placing reliance upon the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla (2015) 61 taxmann.com 412 (Delhi) and Pr. CIT vs. Ram Avtar Verma 395 ITR 252 (Delhi). The CIT(A) also categorically observed that the assessment stood concluded at the time of search and thus the addition under s. 153A depended upon the incriminating material found during the search to corroborate the impugned addition, which was found to be absent. In the absence of any incriminating material unearthed at the time of sea…

DCIT Central Circle-20, Delhi vs. Kailash Mittal, Delhi

Appeals of the Revenue are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kediasl. Ita/Co No(S) Asst. Appeal(S) By No Year(S) Appellant Vs. Respondent Appellant Respondent 1. 2011-12 Dcit Sumit Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West Delhi, Delhi-110 035 2. Co No.9/Del/2023 -Do- Sumit Mittal Dcit (In Ita No.833/Del/2022) Circle – 20 (Pan : Aegpm 9069 R) Delhi 3. -Do- Dcit Kailash Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West Delhi, Delhi-110 035 4. Co No.10/Del/2023 -Do- Kailash Mittal Dcit (In Ita No.831/Del/2022) Circle – 20 (Pan : Aaipm 8100 H) Delhi 5. -Do- Dcit Aanshika Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West, New Delhi -110 035 (Pan : Adupa 7586 J) Assessee By Shri Shri Anmol Sinha, Adv. Revenue By Shri H. K. Choudhary, Cit-D.R. Date Of Hearing: 26.09.2023 Date Of Pronouncement: 09.11.2023 O R D E R

…8. The aforesaid challenge has been adjudicated by the CIT(A) in favour of the assessee by placing reliance upon the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla (2015) 61 taxmann.com 412 (Delhi) and Pr. CIT vs. Ram Avtar Verma 395 ITR 252 (Delhi). The CIT(A) also categorically observed that the assessment stood concluded at the time of search and thus the addition under s. 153A depended upon the incriminating material found during the search to corroborate the impugned addition, which was found to be absent. In the absence of any incriminating material unearthed at the time of sea…

DCIT Circle-20, Delhi vs. Aanshika Mittal, Delhi

Appeals of the Revenue are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kediasl. Ita/Co No(S) Asst. Appeal(S) By No Year(S) Appellant Vs. Respondent Appellant Respondent 1. 2011-12 Dcit Sumit Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West Delhi, Delhi-110 035 2. Co No.9/Del/2023 -Do- Sumit Mittal Dcit (In Ita No.833/Del/2022) Circle – 20 (Pan : Aegpm 9069 R) Delhi 3. -Do- Dcit Kailash Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West Delhi, Delhi-110 035 4. Co No.10/Del/2023 -Do- Kailash Mittal Dcit (In Ita No.831/Del/2022) Circle – 20 (Pan : Aaipm 8100 H) Delhi 5. -Do- Dcit Aanshika Mittal Circle – 20 A-23/01, Lawrence Road, Delhi Industrial Area, North West, New Delhi -110 035 (Pan : Adupa 7586 J) Assessee By Shri Shri Anmol Sinha, Adv. Revenue By Shri H. K. Choudhary, Cit-D.R. Date Of Hearing: 26.09.2023 Date Of Pronouncement: 09.11.2023 O R D E R

…8. The aforesaid challenge has been adjudicated by the CIT(A) in favour of the assessee by placing reliance upon the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla (2015) 61 taxmann.com 412 (Delhi) and Pr. CIT vs. Ram Avtar Verma 395 ITR 252 (Delhi). The CIT(A) also categorically observed that the assessment stood concluded at the time of search and thus the addition under s. 153A depended upon the incriminating material found during the search to corroborate the impugned addition, which was found to be absent. In the absence of any incriminating material unearthed at the time of sea…

ACIT, New Delhi vs. Shri Pawan Kansal, Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Shri Shamim Yahya & Shri Challa Nagendra Prasad

…vered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. In the subsequent decisions also, Hon'ble Court has reiterated their aforesaid views. In the case of Pr. CIT vs. Ram Avtar Verma 395 ITR 252, Hon'ble Court has supported the aforesaid view that if the assessments are completed on the date of search and no incriminating 4 ITA. No. 694/Del/2022 material is found during the search, assessment u/s 153A of the Act is invalid. 5.4 Now the facts of the appellant are to be examined in view of this legal position. It is clear from the assess…

DCIT, Central Circle-1, Noida vs. Aashikyana Civil Contractors P.Ltd, New Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

…THE INCOME TAX APPELLATE TRIBUNAL DELHIBENCH ‘A’, NEW DELHI Before Sh. C. M. Garg, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 9025/Del/2019 : Asstt. Year: 2014-15 DCIT, Vs. M/s Aashiyana Civil Contractors Pvt. Central Circle-1, Ltd., R/o 302-304, Harsha Corner Noida Complex, Ghazipur, New Delhi-110096 (APPELLANT) (RESPONDENT) PAN No. AAECA4833G Assessee by : None Sh. Manoj Kumar, CA (LOA filed) Revenue by : Sh. Kanv Bali, Sr. DR Date of Hearing: 16.02.2023 Date of Pronouncement: 23.03.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by Revenue against…

ACIT Circlie-19, New Delhi vs. Pawan Kansal, New Delhi

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2010-11 Acit, Vs. Pawan Kansal, Circle-19, A-7, Antriksh Apartment, New Delhi. Plot No.D-3, Sector-14, New Delhi. Pan: Ahepk0574C

…scovered in the course of search, which were not produced or not already disclosed or made known in the course of original assessment. In the subsequent decisions also, Hon'ble Court has substantiated the aforesaid view. In the case Pr. CIT vs Ram Avtar Verma 395 ITR 252, Hon'ble Court has reiterated the aforesaid finding that if the assessments are completed on the date of search and no incriminating material is found during the search, assessment u/s 153A of the Act is invalid. Similar view has been taken by Hon'ble Court in the recent case i.e. Pr. CIT vs Meeta Gutgutia 395 ITR 526 also wherein assessments wer…

ACIT, Central Circle-19, New Delhi vs. Mamta Agarwal, New Delhi

In the result, all the Departmental Appeals and Cross Objections of the Assessee and Appeal of assessee in the case of Shri Gopal Agarwal in ITA

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

…iscovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. In the subsequent decisions also, Hon'ble Court has substantiated the aforesaid view. In the case Pr. CIT vs Ram Avtar Verma 395 ITR 252, Hon'ble Court has reiterated the aforesaid finding that if the assessments are completed on the date of search and no incriminating material is found during the search, assessment u/s 153A of the Act is invalid. Similar view has been taken by Hon'ble Court in another case i.e. Pr. CIT vs Meeta Gutgutia 395 ITR 526 also wherein assessments were c…

ACIT, Central Circle- 19, New Delhi vs. Sabhyata Agarwal, New Delhi

In the result, all the Departmental Appeals and Cross Objections of the Assessee and Appeal of assessee in the case of Shri Gopal Agarwal in ITA

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

…iscovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. In the subsequent decisions also, Hon'ble Court has substantiated the aforesaid view. In the case Pr. CIT vs Ram Avtar Verma 395 ITR 252, Hon'ble Court has reiterated the aforesaid finding that if the assessments are completed on the date of search and no incriminating material is found during the search, assessment u/s 153A of the Act is invalid. Similar view has been taken by Hon'ble Court in another case i.e. Pr. CIT vs Meeta Gutgutia 395 ITR 526 also wherein assessments were c…

ACIT, Central Circle- 19, New Delhi vs. Madhusudan Packaging LLP, Delhi

In the result, all the Departmental Appeals and Cross Objections of the Assessee and Appeal of assessee in the case of Shri Gopal Agarwal in ITA

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

…iscovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. In the subsequent decisions also, Hon'ble Court has substantiated the aforesaid view. In the case Pr. CIT vs Ram Avtar Verma 395 ITR 252, Hon'ble Court has reiterated the aforesaid finding that if the assessments are completed on the date of search and no incriminating material is found during the search, assessment u/s 153A of the Act is invalid. Similar view has been taken by Hon'ble Court in another case i.e. Pr. CIT vs Meeta Gutgutia 395 ITR 526 also wherein assessments were c…

ACIT, Central Circle- 19, New Delhi vs. Suman Agarwal, New Delhi

In the result, all the Departmental Appeals and Cross Objections of the Assessee and Appeal of assessee in the case of Shri Gopal Agarwal in ITA

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

…iscovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. In the subsequent decisions also, Hon'ble Court has substantiated the aforesaid view. In the case Pr. CIT vs Ram Avtar Verma 395 ITR 252, Hon'ble Court has reiterated the aforesaid finding that if the assessments are completed on the date of search and no incriminating material is found during the search, assessment u/s 153A of the Act is invalid. Similar view has been taken by Hon'ble Court in another case i.e. Pr. CIT vs Meeta Gutgutia 395 ITR 526 also wherein assessments were c…