Ramanlal P Chordia v. ACIT

100 TTJ 1006Income Tax Appellate Tribunal2006#10193 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2024.

Issues it is cited on

hundi transactionpreponderance of probabilitysection 132(4a)documents seizedcommissioner (appeals)section 132(4)section 131unexplained moneysection 153csection 139(1)assistant commissionersection 139

Judgments citing Ramanlal P Chordia v. ACIT

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. SHRI BIHARILAL SHADHURAM CHHABRIYA, NAGPUR

In the result, appeal filed by the Revenue for the assessment year

ITA 109/NAG/2023[2019-20]Status: DisposedITAT Nagpur21 Aug 2024AY 2019-20

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…ained the said diaries. In this context the proposition of the Ld. Counsel of the appellant referred to the decisions by the Pune Tribunal in the case of Ramanlal P Chordia vs. ACIT, 87 TTJ 713 and by the Mumbai Tribunal in the case of Biren V Sawla vs. ACIT, 100 TTJ 1006 are found squarely applicable to the case of the present Shri Biharilal Shadhuram Chhabriya ITA no.106 to 109/Nag./2023 appellant. In the cited cases also, the appellant were finance brokers and certain diaries were seized from their possession containing records of cash transactions. It was held by the Hon'ble Tribunals that the amount recorde…

DEPUTY COMMISSIONER OF INCOME TAX,CENTRLL CIRCLE-2(1), NAGPUR vs. SHRI BIHARILAL SHADHURAM CHHABRIYA, NAGPUR

In the result, appeal filed by the Revenue for the assessment year

ITA 108/NAG/2023[2018-19]Status: DisposedITAT Nagpur21 Aug 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…ained the said diaries. In this context the proposition of the Ld. Counsel of the appellant referred to the decisions by the Pune Tribunal in the case of Ramanlal P Chordia vs. ACIT, 87 TTJ 713 and by the Mumbai Tribunal in the case of Biren V Sawla vs. ACIT, 100 TTJ 1006 are found squarely applicable to the case of the present Shri Biharilal Shadhuram Chhabriya ITA no.106 to 109/Nag./2023 appellant. In the cited cases also, the appellant were finance brokers and certain diaries were seized from their possession containing records of cash transactions. It was held by the Hon'ble Tribunals that the amount recorde…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. SHRI BIHARILAL SHADHURAM CHHABRIYA, NAGPUR

In the result, appeal filed by the Revenue for the assessment year

ITA 107/NAG/2023[2017-18]Status: DisposedITAT Nagpur21 Aug 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…ained the said diaries. In this context the proposition of the Ld. Counsel of the appellant referred to the decisions by the Pune Tribunal in the case of Ramanlal P Chordia vs. ACIT, 87 TTJ 713 and by the Mumbai Tribunal in the case of Biren V Sawla vs. ACIT, 100 TTJ 1006 are found squarely applicable to the case of the present Shri Biharilal Shadhuram Chhabriya ITA no.106 to 109/Nag./2023 appellant. In the cited cases also, the appellant were finance brokers and certain diaries were seized from their possession containing records of cash transactions. It was held by the Hon'ble Tribunals that the amount recorde…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. SHRI BIHARILAL SHADHURAM CHHABRIYA, NAGPUR

In the result, appeal filed by the Revenue for the assessment year

ITA 106/NAG/2023[2016-17]Status: DisposedITAT Nagpur21 Aug 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…ained the said diaries. In this context the proposition of the Ld. Counsel of the appellant referred to the decisions by the Pune Tribunal in the case of Ramanlal P Chordia vs. ACIT, 87 TTJ 713 and by the Mumbai Tribunal in the case of Biren V Sawla vs. ACIT, 100 TTJ 1006 are found squarely applicable to the case of the present Shri Biharilal Shadhuram Chhabriya ITA no.106 to 109/Nag./2023 appellant. In the cited cases also, the appellant were finance brokers and certain diaries were seized from their possession containing records of cash transactions. It was held by the Hon'ble Tribunals that the amount recorde…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE AJMER vs. MUKESH KUMAR SOMANI , KISHANGARH

In the result appeals of the revenue in ITA Nos

ITA 336/JPR/2022[2019-20]Status: DisposedITAT Jaipur08 Dec 2022AY 2019-20
For Appellant: Shri C. M Agarwal (C.A.)For Respondent: Shri Shailendra Sharma (CIT)
Section 143(3)Section 69

…T (1999) 65 TTJ (Pune) 327: (1999) 71 ITD 245 (Pune) and T.S Kumarasamu vs Asstt. CIT (1998) 65 ITD 188 (Mad) relied on. (Para 12) 6. BIREN V. SAVLA vs. ASSISTANT COMMISSIONER OF INCOME TAX, ITAT, MUMBAI BENCH, reported in (2005) 24 CCH 0634 MumTrib.. (2006) 100 TTJ 1006 Held: If presumption under s. 132(4) is raised in respect of A-2 and A-4 then same should be equally and in identical proportion be raised in respect of A-3 and A-5. The principle is that a document found in search should be treated as genuine with respect to all the entries recorded therein. The Revenue is not Justified in taking a view that on…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE AJMER vs. ALOK MALPANI, KISHANGARH

In the result appeals of the revenue in ITA Nos

ITA 334/JPR/2022[2019-20]Status: DisposedITAT Jaipur08 Dec 2022AY 2019-20
For Appellant: Shri C. M Agarwal (C.A.)For Respondent: Shri Shailendra Sharma (CIT)
Section 143(3)Section 69

…T (1999) 65 TTJ (Pune) 327: (1999) 71 ITD 245 (Pune) and T.S Kumarasamu vs Asstt. CIT (1998) 65 ITD 188 (Mad) relied on. (Para 12) 6. BIREN V. SAVLA vs. ASSISTANT COMMISSIONER OF INCOME TAX, ITAT, MUMBAI BENCH, reported in (2005) 24 CCH 0634 MumTrib.. (2006) 100 TTJ 1006 Held: If presumption under s. 132(4) is raised in respect of A-2 and A-4 then same should be equally and in identical proportion be raised in respect of A-3 and A-5. The principle is that a document found in search should be treated as genuine with respect to all the entries recorded therein. The Revenue is not Justified in taking a view that on…

RNR DEVCON,INDORE vs. PR CIT( CENTRAL), BHOPAL

Appeal of the assessee is allowed in the terms indicated herein above

ITA 459/IND/2018[2012-13]Status: DisposedITAT Indore19 Nov 2019AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 M/S Rnr Devcon Pr. 309, Darshan Mall, 15/2, Cit(Central) बनाम/ Race Course Road, Bhopal Vs. Indore (Appellant) (Revenue ) P.A. No.Aanfr6735N

Section 132Section 144Section 153ASection 263

…High Court rendered in the case of CIT(central) Cochin vs. P.D. Abraham @ Appachan (2012) 252 CTR (Ker) 407. The reliance was also placed on the decision of the Coordinate Bench, I.T.A.T., Pune, rendered in the case of Ramanlal P. Chordiya vs. ACIT (2004) 87 TTJ 713 (Pune). 10. Ld. counsel for the assessee further reiterated the submissions as made in the written synopsis. 11. Ld. CIT-DR vehemently opposed the submissions and relied on the order of the authorities below and reiterated [ITA No.459/Ind/2018] M/s RNR Devcon the submissions as made in the para-wise reply to the synopsis. It is contended that…

DCIT CEN CIR 23 CEN RG 7, MUMBAI vs. KANAKIA HOSPITALITY P.LTD, MUMBAI

ITA 3186/MUM/2014[2011-12]Status: DisposedITAT Mumbai07 Aug 2019AY 2011-12

Bench: Shri G. Manjunatha & Shri Ravish Sooddeputy Commissioner Of Kanakia Hospitality Pvt. Ltd. Income Tax, Central Circle-23, 10Th Floor, 215, Autrium Room No. 409, 4Th Floor, Andheri Kurla Road, Vs. Aayakar Bhavan, Andheri (East) M.K. Road, Churchgate, Mumbai 400 059 Mumbai – 400020 Pan – Aacck7755R (Appellant) (Respondent) Kanakia Hospitality Pvt. Ltd. Deputy Commissioner Of 10Th Floor, 215 Autrium, Income Tax, Central Circle-23, Near Meriott Courtyad Hotel, Room No. 409, 4Th Floor, Andheri Kurla Road, Vs. Aayakar Bhavan, Andheri (East) M.K. Road, New Marine Lines, Mumbai 400 053 Mumbai – 400 020

For Appellant: Shri B.Srinivas, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 132Section 143(3)

…e assessee was not able to prove the nexus between the capital expenses in cash and cash from bogus bills? 2. Whether on the facts and circumstances of the case and in law, the CIT(A) was correct in applying the three case law of Biren V. Salva vs. ACIT (2006)100 TTJ 1006; the decision of Supreme Court in the case of Dhakeshwari Cotton Mills 26 ITR 775; and the Kerala High Court in the case of CIT vs. P. D. Abrahan Alias Appachan 349 ITR 442, even though the facts of the cases applied and the instant case are completely different? P a g e | 3 ITA No.3186 & 3098/Mum/2014 AY. 2011-12 DCIT,CC-23 Vs Kanakia Hospital…

SUPREME REAL ESTATE DEVELOPERS P/ LTD,MUMBAI vs. ACIT CEN CIR 23, MUMBAI

The appeal of the assessee stands allowed

ITA 3097/MUM/2014[2011-12]Status: DisposedITAT Mumbai31 Mar 2017AY 2011-12

Bench: S/Sh.Rajendra & Amarjit Singhआयकर अपील सं./I.T.A./3097/Mum/2014,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2011-12 िनधा"रण िनधा"रण वष" वष" M/S. Supreme Real Estate Developers Acit-Central Circle-23 Private Limited Aayakar Bhavan, 4Th Floor, Mk Road 215, Atrium, 10Th Floor, Near Marriot, New Marine Lines Vs. Courtyard Hotel,Andheri-Kurla Rd. Mumbai-400 020. Andheri-(E),Mumbai-400 093. Pan:Aaacs 5871 N (अपीलाथ" /Appellant) (""यथ" / Respondent) अपील अपील संसंसंसं./I.T.A./3185/Mum/2014,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2011-12 अपील अपील िनधा"रण िनधा"रण वष" वष" Acit-Central Circle-23 M/S. Supreme Real Estate Developers Mumbai-400 020. Vs. Private Limited Mumbai-400 093. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से / Revenue By: Shri Anand Mohan-Cit--Dr अपीलाथ" क" ओर से /Assessee By: Shri Vijay Mehta सुनवाई क" तारीख / Date Of Hearing: 23/03/2017 घोषणा क" तारीख / Date Of Pronouncement: 31.03.2017 लेखा सद"य सद"य राजे"" राजे"" केकेकेके अनुसार अनुसार /Per Rajendra, Am- लेखा लेखा लेखा सद"य सद"य राजे"" राजे"" अनुसार अनुसार Challenging The Order,Dated 28/02/2014, Of The Cit(A)-40,Mumbai The Assessing Officer (Ao) & The Assessee Have Filed Cross Appeals For The Above Assessment Year.Assessee-Company,Is A Real Estate Developer.The Ao Completed The Assessment,On 28/03/2013,U/S.143 (3) Of The Act, Determining Its Income At Rs. 43.30 Lakhs.

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan-CIT--DR
Section 131Section 132Section 143

…ors of the company,that directors of the company had confirmed the statement made by the DGM,that 3097/M/14(11-12) SupremeRealEstate considering these evidences the AO should not have doubted the claim of the assessee.He referred to the case of Biren V Savla (100 TTJ 1006) and held that entire document should be read as a whole and that contents of the document should be treated as correct/rejected a whole, that the sum of Rs. 45 lakhs was generated on account of sale of scrap, that same had to be treated as business income in the hands of the assessee, that it was not required to be reduced out of the work in pr…

DCIT CEN CIR 23, MUMBAI vs. SARANG PROPERTY DEVELOPERS P.LTD, MUMBAI

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

ITA 3563/MUM/2014[2011-12]Status: DisposedITAT Mumbai03 Jan 2017AY 2011-12

Bench: S/Sh. Rajendra & Pawan Singhआयकर अपील सं/.Ita No.3563/Mum/2014,"नधा"रण वष"/Assessment Year-2011-12 Dcit, Cc-23, M/S. Sarang Property Developers Room No. 409, 4Th Floor, Pvt. Ltd. 10Th Floor, 215 Atrium, बनाम Aayakar Bhavan, M.K. Road, Andheri Kurla Road, Andheri (E), Vs. Mumbai-400020. Mumbai-400059 Pan: Aadcs6382B (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व ओर से / Revenue By : Shri B.B. Rajendra Prasad (Dr) "नधा"रती क" ओर से/ Assessee By : Shri Anuj Kisnadwala

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri B.B. Rajendra Prasad (DR)
Section 132Section 143(3)Section 254(1)Section 53

…ct in deleting the addition made by AO, on account of receipt of possible on- money?" 2. "Whether on the facts and in the circumstances of the case and in law, the CIT(A) was correct in applying the law pronounced in the cases of Biren V Salva vs. ACIT (2006) 100 TTJ 1006?" 3. "Whether on the facts and in the circumstances of the case and in law, the CIT(A) was correct in holding that the diary seized and marked as annexure A-2, was a conclusive piece of evidence and could be relied upon?" 4. "The Appellant craves leave, to amend add/ or to alter any of ground of appeal, if need be". 5. "The Appellant, therefore,…

DCIT CEN CIR 23, MUMBAI vs. CENTAUR MERCANTILE P.LTD, MUMBAI

The appeal of the Revenue is dismissed

ITA 3562/MUM/2014[2011-12]Status: DisposedITAT Mumbai23 Nov 2015AY 2011-12

Bench: Shri Joginder Singh & Shri Ashwani Tanejaassessment Year- 2011-12 Dcit, M/S Centaur Mercantile Pvt Central Circle-23, Ltd. बनाम/ Room No.409, 4Th Floor, 10Th Floor, 215 Atrium Vs. Aaykar Bhan, Andheri Kurla Road, M.K. Road, Andheri (East), Mumbai-400020 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaccc4199F

Section 143(3)

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ,सी,मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “C”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी अ"नी तनेजा, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Ashwani Taneja, Accountant Member Assessment Year- 2011-12 DCIT, M/s Centaur Mercantile Pvt Central Circle-23, Ltd. बनाम/ Room No.409, 4th Floor, 10th Floor, 215 Atrium Vs. Aaykar Bhan, Andheri Kurla Road, M.K. Road, Andheri (East), Mumbai-400020 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No.AACCC4199F राज"व क" ओर से / Revenue by Shri L.K.S. DAHIA-DR "नधा"रती क" ओर से / Ass…