Sargam Cinema v. CIT

Deputy Commissioner of Income Tax Central Circle-2, Ludhiana vs. Periwal Enterprises Private Limited, Tilak Marg

Appeal stands dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.174/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) M/S Periwal Enterprises Pvt. Ltd. Dcit, Central Circle -2, बनाम/ B-38, Sagar Apartments Ludhiana, Punjab. 110001. Vs. 6 Tilak Marg, Delhi. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-0026-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपीलसं./ Ita No.213/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) Dcit, Central Circle -2, M/S Periwal Enterprises Pvt. Ltd बनाम/ Vs. Ludhiana. B-38, Sagar Apartments, 6 Tilak Marg Delhi. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-0026-A (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal(Adv.). – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld.Dr सुनवाईकीतारीख/Date Of Hearing : 27-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-5, Ludhiana [Cit(A)] Dated 29-12-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM 1. आयकरअपीलसं./ ITA No.174/CHANDI/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) M/s Periwal Enterprises Pvt. Ltd. DCIT, Central Circle -2, बनाम/ B-38, Sagar Apartments Ludhiana, Punjab. 110001. Vs. 6 Tilak Marg, Delhi. "थायीलेखासं./जीआइआरसं./PAN/GIR No. AAACP-0026-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपीलसं./ ITA No.213/CHANDI/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) DCIT, Central Circle -2, M/s Periwal Enterprises Pvt. Ltd बनाम/ Vs. Ludhia…

Periwal Enterprises Private Limited B-38, Sagar Apartments, 6 Tilak Marg Delhi, Delhi vs. The Deputy Commissioner of Income Tax Central Circle-2, Ludhiana, Punjab

Appeal stands dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.174/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) M/S Periwal Enterprises Pvt. Ltd. Dcit, Central Circle -2, बनाम/ B-38, Sagar Apartments Ludhiana, Punjab. 110001. Vs. 6 Tilak Marg, Delhi. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-0026-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपीलसं./ Ita No.213/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) Dcit, Central Circle -2, M/S Periwal Enterprises Pvt. Ltd बनाम/ Vs. Ludhiana. B-38, Sagar Apartments, 6 Tilak Marg Delhi. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-0026-A (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal(Adv.). – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld.Dr सुनवाईकीतारीख/Date Of Hearing : 27-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-5, Ludhiana [Cit(A)] Dated 29-12-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM 1. आयकरअपीलसं./ ITA No.174/CHANDI/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) M/s Periwal Enterprises Pvt. Ltd. DCIT, Central Circle -2, बनाम/ B-38, Sagar Apartments Ludhiana, Punjab. 110001. Vs. 6 Tilak Marg, Delhi. "थायीलेखासं./जीआइआरसं./PAN/GIR No. AAACP-0026-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपीलसं./ ITA No.213/CHANDI/2024 (िनधा"रणवष" / Assessment Year: 2019-2020) DCIT, Central Circle -2, M/s Periwal Enterprises Pvt. Ltd बनाम/ Vs. Ludhia…

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…e DDIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…e DDIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…e DDIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon'ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

Bench: Shri Sanjay Garg & Shri Krinwant Sahay

…T u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon'ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternatel…

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…e DDIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

Bench: Shri Sanjay Garg & Shri Krinwant Sahayआयकर अपील सं./Ita No. 579/Chd /2023 निर्धारण वर्ष / Assessment Year : 2017-18 & आयकर अपील सं./Ita Nos.582 To 584/Chd/ 2023 निर्धारण वर्ष / Assessment Years : 2014-15 To 2016-17 & आयकर अपील सं./Ita No. 591/Chd /2023 निर्धारण वर्ष / Assessment Year : 2018-19

…was without rejecting the books of the accounts which was bad in law 52 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…was without rejecting the books of the accounts which was bad in law ... ... ... ... 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…e DDIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

Bench: Shri Sanjay Garg & Shri Krinwant Sahayआयकर अपील सं./Ita No. 579/Chd/2023 निर्धारण वर्ष / Assessment Year : 2017-18 & आयकर अपील सं./Ita Nos.582 To 584/Chd/2023 निर्धारण वर्ष / Assessment Years : 2014-15 To 2016-17 & आयकर अपील सं./Ita No. 591/Chd/2023 निर्धारण वर्ष / Assessment Year : 2018-19 Maxport India Pvt. Ltd. C/O Parikshit Aggarwal, Chartered Accountant, H. No. 3035, Sector 27D, Chandigarh- 160019. स्था.लेखा सं./Pan No: Aaicm9120E अपीलाथ/Appellant बनाम प्रथीय/Respondent Deputy Commissioner Of Income-Tax, Centre Circle-1, Chandigarh. & आयकर अपील सं./Ita Nos.482 & 483/Chd/2023 निर्धारण वर्ष / Assessment Years : 2017-18 & 2018-19 Vaishali Aggarwal C/O Parikshit Aggarwal, Chartered Accountant, H No. 3035, Sector 27D, Chandigarh- 160022. स्था.लेखा सं./Pan No: Aaqpa4025M अपीलाथ/Appellant बनाम प्रथीय/Respondent Deputy Commissioner Of Income-Tax, Centre Circle-1, Chandigarh. & आयकर अपील सं./Ita No. 846/Chd/2023

…eleted the addition by following the above reasoning of mortgage of properties and 45 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon'ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…e DDIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Maxport India Private Limited, Chandigarh vs. Dy. Commissioner of Income Tax, Central Circle-1, Chandigarh

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Maxport India Private Limited, Chandigarh vs. Dy. Commissioner of Income Tax, Central Circle-1, Chandigarh

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

DCIT, CC 1, Chandigarh vs. Sanjeev Aggarwal, Chandigarh

The appeals of the revenue are treated as dismissed

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 52 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon'ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…

Sanjeev Aggarwal, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

…DIT u/s 132(9D) was without rejecting the books of the accounts which was bad in law 51 and that the subsequent DVO report was also legally not sustainable as per the judicial precedent laid down by the Hon’ble Apex Court in the case of Sargam Cinema vs. CIT, 328 ITR 513. 50. The ld. Counsel for the assessee further contended that the ld. AO did not have any incriminating evidence to prove that the assessee incurred out-of-book construction expenses. Therefore, the addition made solely on the basis of the DVO report without any evidence was incorrect. 51. The ld. Counsel for the assessee has further, alternately,…