Sargam Cinema v. CIT

Assistant Commissioner of Income Tax, Central Circle -I, Raipur vs. Lord Buddha Educational Society, Raipur

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…after 01.10.2014) without rejection of books of accounts was in accordance to the prevailing provision of law and nothing was illegal about such reference and ratio of the judgment pronounce by Hon'ble Supreme Court in the case of Sargam Cinema v/s CIT (2010) 328 ITR 513 (SC) and other case laws is not applicable to the facts of this case in view of changed legal scenario.” 21 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 18. As the issue, whether rejection of books of account is mandatory or not for making a reference to DVO u/s 142A? has been discussed, deliberated and decided by the L…

Assistant Commissioner of Income Tax, Central Circle -I, Raipur vs. Lord Buddha Educational Society, Raipur

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…after 01.10.2014) without rejection of books of accounts was in accordance to the prevailing provision of law and nothing was illegal about such reference and ratio of the judgment pronounce by Hon'ble Supreme Court in the case of Sargam Cinema v/s CIT (2010) 328 ITR 513 (SC) and other case laws is not applicable to the facts of this case in view of changed legal scenario.” 21 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 18. As the issue, whether rejection of books of account is mandatory or not for making a reference to DVO u/s 142A? has been discussed, deliberated and decided by the L…

Assistant Commissioner of Income Tax, Central Circle -I, Raipur vs. Lord Buddha Educational Society, Raipur

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…after 01.10.2014) without rejection of books of accounts was in accordance to the prevailing provision of law and nothing was illegal about such reference and ratio of the judgment pronounce by Hon'ble Supreme Court in the case of Sargam Cinema v/s CIT (2010) 328 ITR 513 (SC) and other case laws is not applicable to the facts of this case in view of changed legal scenario.” 21 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 18. As the issue, whether rejection of books of account is mandatory or not for making a reference to DVO u/s 142A? has been discussed, deliberated and decided by the L…

Assistant Commissioner of Income Tax, Central Circle -I, Raipur vs. Lord Buddha Educational Society, Raipur

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…after 01.10.2014) without rejection of books of accounts was in accordance to the prevailing provision of law and nothing was illegal about such reference and ratio of the judgment pronounce by Hon'ble Supreme Court in the case of Sargam Cinema v/s CIT (2010) 328 ITR 513 (SC) and other case laws is not applicable to the facts of this case in view of changed legal scenario.” 21 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 18. As the issue, whether rejection of books of account is mandatory or not for making a reference to DVO u/s 142A? has been discussed, deliberated and decided by the L…

Assistant Commissioner of Income Tax, Central Circle -I, Raipur vs. Lord Buddha Educational Society, Raipur

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…after 01.10.2014) without rejection of books of accounts was in accordance to the prevailing provision of law and nothing was illegal about such reference and ratio of the judgment pronounce by Hon'ble Supreme Court in the case of Sargam Cinema v/s CIT (2010) 328 ITR 513 (SC) and other case laws is not applicable to the facts of this case in view of changed legal scenario.” 21 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 18. As the issue, whether rejection of books of account is mandatory or not for making a reference to DVO u/s 142A? has been discussed, deliberated and decided by the L…

Assistant Commissioner of Income Tax, Central Circle -I, Raipur vs. Lord Buddha Educational Society, Raipur

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…after 01.10.2014) without rejection of books of accounts was in accordance to the prevailing provision of law and nothing was illegal about such reference and ratio of the judgment pronounce by Hon'ble Supreme Court in the case of Sargam Cinema v/s CIT (2010) 328 ITR 513 (SC) and other case laws is not applicable to the facts of this case in view of changed legal scenario.” 21 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 18. As the issue, whether rejection of books of account is mandatory or not for making a reference to DVO u/s 142A? has been discussed, deliberated and decided by the L…

ACIT Central -2, Bhopal vs. Shri Agarwal Education & Cultural Socitey, Bhopal

In the result, this appeal of revenue is dismissed

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2013-14 Dcit(Central)-Ii, Shri Agarwal Education & Bhopal Welfare Society बनाम/ Bhopal Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aacts 0481 M Assessee By Shri S.S. Deshpandey, Ar Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 14.10.2022 Date Of Pronouncement 19.10.2022

…beyond the scheme of section 142A and therefore illegal. Ld. AR relied upon several judicial rulings which have already been discussed by Ld. CIT(A) in his order, the leading being the direct authority by Hon’ble Supreme Court in Sargam Cinema Vs. CIT (2010) 328 ITR 513 (SC), wherein it was categorically held thus: “3. In the present case, we find that the Tribunal decided the matter rightly in favour of the Assessee in as much as the Tribunal came to the conclusion that the assessing authority could not have referred the matter to the Departmental Valuation Officer (DVO) without the books of account being reje…

DCIT Central-2, Bhopal vs. Shri Agrawal Educational & Welfare Society, Indore

In the result, this appeal of revenue is dismissed

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2013-14 Dcit(Central)-Ii, Shri Agarwal Education & Bhopal Welfare Society बनाम/ Bhopal Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aacts 0481 M Assessee By Shri S.S. Deshpandey, Ar Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 14.10.2022 Date Of Pronouncement 19.10.2022

…beyond the scheme of section 142A and therefore illegal. Ld. AR relied upon several judicial rulings which have already been discussed by Ld. CIT(A) in his order, the leading being the direct authority by Hon’ble Supreme Court in Sargam Cinema Vs. CIT (2010) 328 ITR 513 (SC), wherein it was categorically held thus: “3. In the present case, we find that the Tribunal decided the matter rightly in favour of the Assessee in as much as the Tribunal came to the conclusion that the assessing authority could not have referred the matter to the Departmental Valuation Officer (DVO) without the books of account being reje…

DCIT-1(1), Bhopal vs. M/S Globus Mega Project Pvt. Ltd, Bhopal

In the result, both the appeals filed by the Revenue are dismissed and C

…IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE (Conducted Through Virtual Court) Before: Shri T.R. Senthil Kumar, Judicial Member And Shri B.M. Biyani, Accountant Member ITA Nos. 577 & 578/Ind/2018 & C.O. Nos. 26 & 27/Ind/2019 Assessment Years: 2010-11 & 2011-12 Deputy Commissioner M/s. Globus Mega of Income Tax -1(1), Project Pvt. Ltd., Plot Bhopal Vs No. 176, 1st Floor M.P. Nagar, Zone-II, Bhopal (Appellant) PAN No: AADCG4620N (Respondent) M/s. Globus Mega Vs Deputy Commissioner Project Pvt. Ltd., Plot of Income Tax -1(1), No. 176, 1st Floor M.P. Bhopal Nagar, Zone-II, Bhopal (Respondent/App…

Khemchand Kangumal Tharwani, Na

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2867-2869/Ahd/2016 (िनधा"रणवष" / Assessment Years: (2008-09 To 2010-11) (Virtual Court Hearing) Assistant Commissioner Of Income Shri Rajesh Khemchand Tharwani, Tax, Navsari Circle, Room L/H Lt. Shri Khemchandbhai Vs. No./302, Aaykar Bhavan, Nr. Kungmal Tharwani, Prop. Of K.K. Biscuit Bakery, 154-155, Gidc, Charpool Police Chowki, Kabilpore, Navsari-396445 Lunsikui, Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent) आयकरअपीलसं./Ita Nos.3135/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) Shri Khemchand Kangumal Assistant Commissioner Of Income Tharwani, By L/R Rajesh Tax, Navsari Circle, Room No./302, Vs. Khemchand Tharwani, Prop. Of M/S Aaykar Bhavan, Nr. Charpool K.K. Biscuit Bakery, 154-155, Police Chowki, Lunsikui, Gidc, Kabilpore, Navsari-396445 Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent)

…volved in this lis is no longer res-integra. The Assessment, on the basis of DVO's report, cannot be reopened as held by the Hon'ble Supreme Court in the case of M/s Dhairya Construction Co. reported in 328 ITR 555 and in the case of Sargam Cinema reported in 328 ITR 513. Therefore, Let us, first analyze the reasons recorded by the assessing officer. For the sake of clarity, the reasons recorded by the assessing officer are re-produced below: "Form for recording the reasons for initiating proceedings u/s 147 of the Income tax Act, 1961. Name and address of the assessee M/s. Shri Khemchand Kungmal Tharwani Prop, o…

The Asstt. Commissioner of Income Tax, Na vs. Ari Circle, Navsari

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2867-2869/Ahd/2016 (िनधा"रणवष" / Assessment Years: (2008-09 To 2010-11) (Virtual Court Hearing) Assistant Commissioner Of Income Shri Rajesh Khemchand Tharwani, Tax, Navsari Circle, Room L/H Lt. Shri Khemchandbhai Vs. No./302, Aaykar Bhavan, Nr. Kungmal Tharwani, Prop. Of K.K. Biscuit Bakery, 154-155, Gidc, Charpool Police Chowki, Kabilpore, Navsari-396445 Lunsikui, Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent) आयकरअपीलसं./Ita Nos.3135/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) Shri Khemchand Kangumal Assistant Commissioner Of Income Tharwani, By L/R Rajesh Tax, Navsari Circle, Room No./302, Vs. Khemchand Tharwani, Prop. Of M/S Aaykar Bhavan, Nr. Charpool K.K. Biscuit Bakery, 154-155, Police Chowki, Lunsikui, Gidc, Kabilpore, Navsari-396445 Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent)

…volved in this lis is no longer res-integra. The Assessment, on the basis of DVO's report, cannot be reopened as held by the Hon'ble Supreme Court in the case of M/s Dhairya Construction Co. reported in 328 ITR 555 and in the case of Sargam Cinema reported in 328 ITR 513. Therefore, Let us, first analyze the reasons recorded by the assessing officer. For the sake of clarity, the reasons recorded by the assessing officer are re-produced below: "Form for recording the reasons for initiating proceedings u/s 147 of the Income tax Act, 1961. Name and address of the assessee M/s. Shri Khemchand Kungmal Tharwani Prop, o…

The Asstt. Commissioner of Income Tax, Na vs. Ari Circle, Navsari

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2867-2869/Ahd/2016 (िनधा"रणवष" / Assessment Years: (2008-09 To 2010-11) (Virtual Court Hearing) Assistant Commissioner Of Income Shri Rajesh Khemchand Tharwani, Tax, Navsari Circle, Room L/H Lt. Shri Khemchandbhai Vs. No./302, Aaykar Bhavan, Nr. Kungmal Tharwani, Prop. Of K.K. Biscuit Bakery, 154-155, Gidc, Charpool Police Chowki, Kabilpore, Navsari-396445 Lunsikui, Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent) आयकरअपीलसं./Ita Nos.3135/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) Shri Khemchand Kangumal Assistant Commissioner Of Income Tharwani, By L/R Rajesh Tax, Navsari Circle, Room No./302, Vs. Khemchand Tharwani, Prop. Of M/S Aaykar Bhavan, Nr. Charpool K.K. Biscuit Bakery, 154-155, Police Chowki, Lunsikui, Gidc, Kabilpore, Navsari-396445 Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent)

…volved in this lis is no longer res-integra. The Assessment, on the basis of DVO's report, cannot be reopened as held by the Hon'ble Supreme Court in the case of M/s Dhairya Construction Co. reported in 328 ITR 555 and in the case of Sargam Cinema reported in 328 ITR 513. Therefore, Let us, first analyze the reasons recorded by the assessing officer. For the sake of clarity, the reasons recorded by the assessing officer are re-produced below: "Form for recording the reasons for initiating proceedings u/s 147 of the Income tax Act, 1961. Name and address of the assessee M/s. Shri Khemchand Kungmal Tharwani Prop, o…