Sheraton Apparels v. ACIT

256 ITR 20High Court2002#2779 most cited

What is Sheraton Apparels v. ACIT authority for?

Books of account include electronic records and are maintained to provide credible financial data for tax returns and to determine income. Penalty under section 271B for not getting accounts audited is applicable only when accounts are maintained, whereas section 271A applies if no accounts are maintained at all.

42

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

Sheraton Apparels v. ACIT · Section 2(12A) · books of account definition · objectives of books of account · penalty under Section 271A · penalty under Section 271B · failure to maintain accounts · failure to get accounts audited · Section 44AB audit · electronic records · 256 ITR 20 · Bombay High Court

Sections most often in play

Section 144Section 2(12A)Section 148Section 271ASection 271BSection 44ABSection 115BBESection 131

Issues it is cited on

books or books of accountsection 2(12a)penalty under section 271bprejudicial to interest of revenuesection 271cinadequate enquiryassessment order erroneoussection 271black of enquirysection 194asection 194cmere change of opinion

Judgments citing Sheraton Apparels v. ACIT

Vishal Kashyap, New Delhi vs. ITO, Ward-39(1), New Delhi

In the result, all the 03 appeals of the assessees are partly allowed

ITA 8221/DEL/2018[2014-15]Status: DisposedITAT Delhi05 Mar 2019AY 2014-15

Bench: Shri H.S. Sidhuay: 2014-15 Smt. Kamlesh Rani, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Alpr0483C) (Appellant) (Respondent) Ay: 2014-15 Vishal Kashyap, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Bmypk9851L) (Appellant) (Respondent) Ay: 2014-15 Prem Rattan Gupta, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg5856G) (Appellant) (Respondent)

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 139Section 143(2)Section 68Section 69C

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Kamlesh Rani, New Delhi vs. ITO, Ward-39(1), New Delhi

In the result, all the 03 appeals of the assessees are partly allowed

ITA 8218/DEL/2018[2014-15]Status: DisposedITAT Delhi05 Mar 2019AY 2014-15

Bench: Shri H.S. Sidhuay: 2014-15 Smt. Kamlesh Rani, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Alpr0483C) (Appellant) (Respondent) Ay: 2014-15 Vishal Kashyap, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Bmypk9851L) (Appellant) (Respondent) Ay: 2014-15 Prem Rattan Gupta, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg5856G) (Appellant) (Respondent)

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 139Section 143(2)Section 68Section 69C

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Aashna Capital Services (P) Ltd., Gurgaon vs. ITO, Ward- 1(2), New Delhi

In the result, all the 03 appeals of the assessees are partly allowed

ITA 7710/DEL/2018[2014-15]Status: DisposedITAT Delhi05 Mar 2019AY 2014-15

Bench: Shri H.S. Sidhuay: 2014-15 Aashna Capital Services (P) Vs. Ito, Ward 1(2), Ltd., New Delhi C/O Kapil Goel, Advocate, F-26/124, Sector-7, Rohini, Delhi (Pan: Aahca2030J) (Appellant) (Respondent) Ay: 2015-16 Nishank Gupta, Vs. Ito, Ward 32(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg2238E) (Appellant) (Respondent) Ay: 2015-16 Prity Gupta, Vs. Ito, Ward 32(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Ahepg6510C) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 1Section 10(38)Section 139Section 143(2)Section 68Section 69C

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Rekha Maheshwari, New Delhi vs. ITO, Ward- 55(1), New Delhi

In the result, the assessees’s appeal is partly allowed

ITA 43/DEL/2019[2015-16]Status: DisposedITAT Delhi01 Mar 2019AY 2015-16

Bench: Shri H.S. Sidhuay: 2015-16 Ms. Rekha Maheswari, Vs. Ito, Ward 55(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2941L (Appellant) (Respondent)

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 115BSection 139Section 143(2)Section 68

…intained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6 | P a g e 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Rima Maheshwari, New Delhi vs. ITO, Ward- 61(2), New Delhi

In the result, both the appeals filed by the assessees are partly allowed

ITA 7211/DEL/2018[2015-16]Status: DisposedITAT Delhi01 Mar 2019AY 2015-16

Bench: Shri H.S. Sidhuay: 2015-16 Vinesh Maheswari, Vs. Ito, Ward 61(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2940M) (Appellant) (Respondent) & Ay: 2015-16 Rima Maheswari, Vs. Ito, Ward 61(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm6735L) (Appellant) (Respondent)

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 115BSection 139Section 143(2)Section 68

…| P a g e maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Vinesh Maheshwari, New Delhi vs. ITO, Ward- 61(3), New Delhi

In the result, both the appeals filed by the assessees are partly allowed

ITA 7210/DEL/2018[2015-16]Status: DisposedITAT Delhi01 Mar 2019AY 2015-16

Bench: Shri H.S. Sidhuay: 2015-16 Vinesh Maheswari, Vs. Ito, Ward 61(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2940M) (Appellant) (Respondent) & Ay: 2015-16 Rima Maheswari, Vs. Ito, Ward 61(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm6735L) (Appellant) (Respondent)

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 115BSection 139Section 143(2)Section 68

…| P a g e maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Surender Kumar, New Delhi vs. ITO, Ward-39(2), New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 8219/DEL/2018[2014-15]Status: DisposedITAT Delhi18 Feb 2019AY 2014-15

Bench: Shri H.S. Sidhuay: 2014-15 Surender Kumar, Vs. Ito, Ward 39(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2941L (Appellant) (Respondent)

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 139Section 143(2)Section 68Section 69A

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: 7 | P a g e “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts cons…

Amit Garg, Delhi vs. ITO, Ward- 10(2), New Delhi

In the result, the assessees’s appeal is partly allowed

ITA 2724/DEL/2018[2014-15]Status: DisposedITAT Delhi18 Feb 2019AY 2014-15

Bench: Shri H.S. Sidhuay: 2014-15 Amit Garg, Vs. Ito, Ward 10(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aahpg2528C) (Appellant) (Respondent)

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 139Section 143(2)Section 68Section 69CSection 69c

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: 6 | P a g e “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts cons…

Naseem Saad, New Delhi vs. ITO, Ward-46(5), New Delhi

In the result, all the 04 appeals of all the above assessee are partly

ITA 208/DEL/2019[2015-16]Status: DisposedITAT Delhi11 Feb 2019AY 2015-16

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 131Section 133ASection 139Section 143(2)Section 68Section 69C

…s of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the r…

Naseem Zafar, New Delhi vs. ITO, Ward-46(3), New Delhi

In the result, all the 04 appeals of all the above assessee are partly

ITA 207/DEL/2019[2015-16]Status: DisposedITAT Delhi11 Feb 2019AY 2015-16

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 131Section 133ASection 139Section 143(2)Section 68Section 69C

…s of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the r…

Nazia Zafar, Delhi vs. ITO, Ward- 46(3), New Delhi

In the result, all the 04 appeals of all the above assessee are partly

ITA 8093/DEL/2018[2014-15]Status: DisposedITAT Delhi11 Feb 2019AY 2014-15

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 131Section 133ASection 139Section 143(2)Section 68Section 69C

…s of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the r…

Daya Bansal, Delhi vs. ACIT, Circle- 48(1), New Delhi

In the result, all the 03 appeals of the assessees are partly allowed

ITA 7806/DEL/2018[2015-16]Status: DisposedITAT Delhi11 Feb 2019AY 2015-16

Bench: Shri H.S. Sidhuay: 2015-16 Amitabh Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Actpb6786D) (Appellant) (Respondent) Ay: 2015-16 Anjul Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Allpb6364J) (Appellant) (Respondent) Ay: 2015-16 Daya Bansal, Vs. Ito, Ward 48(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aalpb6363R) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 139Section 143(2)Section 68Section 69C

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Amitabh Bansal, Delhi vs. ITO, Ward- 46(4), New Delhi

In the result, all the 03 appeals of the assessees are partly allowed

ITA 7804/DEL/2018[2015-16]Status: DisposedITAT Delhi11 Feb 2019AY 2015-16

Bench: Shri H.S. Sidhuay: 2015-16 Amitabh Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Actpb6786D) (Appellant) (Respondent) Ay: 2015-16 Anjul Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Allpb6364J) (Appellant) (Respondent) Ay: 2015-16 Daya Bansal, Vs. Ito, Ward 48(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aalpb6363R) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 139Section 143(2)Section 68Section 69C

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

Anjul Bansal, Delhi vs. ITO, Ward- 46(4), New Delhi

In the result, all the 03 appeals of the assessees are partly allowed

ITA 7802/DEL/2018[2015-16]Status: DisposedITAT Delhi11 Feb 2019AY 2015-16

Bench: Shri H.S. Sidhuay: 2015-16 Amitabh Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Actpb6786D) (Appellant) (Respondent) Ay: 2015-16 Anjul Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Allpb6364J) (Appellant) (Respondent) Ay: 2015-16 Daya Bansal, Vs. Ito, Ward 48(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aalpb6363R) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 10(38)Section 139Section 143(2)Section 68Section 69C

…of books maintained by assessee within the meaning of section 2 clause 12A and section 44AA of the Act. 6.3 It is noted that judicial analysis of books of accounts is available in Hon’ble Bombay High Court decision in case of Sheraton Apparels reported at 256 ITR 20 relevant extract is reproduced below for sake of ready reference: “..27. The appellants' case is that the diaries, which were seized, were regularly maintained in the regular course of business as regular books of account, which contained all the transactions entered into by the appellants. It reflected a true state of accounts constituting the…

ITO 20(2)(3), Mumbai vs. Karan R. Shah, Mumbai

ITA 3652/MUM/2015[2010-11]Status: DisposedITAT Mumbai04 Oct 2018AY 2010-11

Bench: Hon’Ble Shri R. C. Sharma, Am & Hon’Ble Sh. Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 3652 & 4290/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2010-11 & 2009-10)

For Appellant: Shri M. C. OmiFor Respondent: Shri Syed Nadeem
Section 133(6)Section 40A(2)(b)

…re, assumption, presumption etc. ? 30 I.T.A. No. 3652 & 4290/Mum/2015 & 1238/Mum/2018 Karan R. Shah The judicial views in this respect are given in subsequent paragraphs. 14.9. The Honorable Bombay High court in the case of Sheraton Apparels Vs. AC1T (2002) 256 ITR 20 have held as under with respect to addition made on the basis of mere mention of' expenses: „Now, turning to the facts of the cases in hand, private diariesmay have been most regularly maintained, it may have been exhibiting record of the factual facts, contemporaneously made but they were never maintained for the purposes of the Income-tax Act…

Suresh Mohan Kanwar, Mumbai vs. Asst CIT Cen Cir 20, Mumbai

ITA 70/MUM/2016[2006-07]Status: DisposedITAT Mumbai27 Mar 2018AY 2006-07

Bench: Sri Mahavir Singh & Sri Ramit Kocharआयकर अपीऱ सं./Ita No. 69/Mum/2016 (नििाारण वर्ा / Assessment Year: 2006-07) आयकर अपीऱ सं./Ita No. 68/Mum/2016 (नििाारण वर्ा / Assessment Year: 2007-08) आयकर अपीऱ सं./Ita No. 67/Mum/2016 (नििाारण वर्ा / Assessment Year: 2008-09) आयकर अपीऱ सं./Ita No. 66/Mum/2016 (नििाारण वर्ा / Assessment Year: 2009-10) आयकर अपीऱ सं./Ita No. 65/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) आयकर अपीऱ सं./Ita No. 64/Mum/2016 (नििाारण वर्ा / Assessment Year: 2011-12)

For Appellant: Milin Dattani &For Respondent: V. Justin, DR
Section 139(1)Section 153ASection 271(1)(c)

…t the assessee has furnished inaccurate particulars of income . It was submitted that wrong advise has been given by the Chartered Accountants which has been rejected by the Hon‟ble Bombay High Court in the case of Sheraton Apparels v. ACIT reported in (2002) 256 ITR 20(Bom) . The learned DR also relied on the Hon‟ble Delhi High Court decision in the case of CIT v. Zoom Communication Pvt. Ltd in ITA No.07/ 2010, dated 24-05-2010. On being asked by the Bench, the learned Counsel for the assessee submitted that this income which was not declared in the original return of income u/s 139(1) have originated /reflected…

Samita Suresh Kanwar, Mumbai vs. Asst CIT Cen Cir 20, Mumbai

ITA 69/MUM/2016[2006-07]Status: DisposedITAT Mumbai27 Mar 2018AY 2006-07

Bench: Sri Mahavir Singh & Sri Ramit Kocharआयकर अपीऱ सं./Ita No. 69/Mum/2016 (नििाारण वर्ा / Assessment Year: 2006-07) आयकर अपीऱ सं./Ita No. 68/Mum/2016 (नििाारण वर्ा / Assessment Year: 2007-08) आयकर अपीऱ सं./Ita No. 67/Mum/2016 (नििाारण वर्ा / Assessment Year: 2008-09) आयकर अपीऱ सं./Ita No. 66/Mum/2016 (नििाारण वर्ा / Assessment Year: 2009-10) आयकर अपीऱ सं./Ita No. 65/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) आयकर अपीऱ सं./Ita No. 64/Mum/2016 (नििाारण वर्ा / Assessment Year: 2011-12)

For Appellant: Milin Dattani &For Respondent: V. Justin, DR
Section 139(1)Section 153ASection 271(1)(c)

…t the assessee has furnished inaccurate particulars of income . It was submitted that wrong advise has been given by the Chartered Accountants which has been rejected by the Hon‟ble Bombay High Court in the case of Sheraton Apparels v. ACIT reported in (2002) 256 ITR 20(Bom) . The learned DR also relied on the Hon‟ble Delhi High Court decision in the case of CIT v. Zoom Communication Pvt. Ltd in ITA No.07/ 2010, dated 24-05-2010. On being asked by the Bench, the learned Counsel for the assessee submitted that this income which was not declared in the original return of income u/s 139(1) have originated /reflected…

Radhey Ram Godara, Jaipur vs. ITO, Jaipur

In the result, appeal of the assessee is partly allowed for Statistical purposes

ITA 349/JPR/2016[2008-09]Status: DisposedITAT Jaipur29 Nov 2017AY 2008-09
For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Shri R.A. Verma, Addl.CIT -DR
Section 143(2)Section 143(3)Section 234A

…ntained by the assessee within the meaning of S. 68. Here also the AO made addition on the basis of deposit in bank account. Also refer Jawahar Lal Oswal V/s ACIT 71 TTJ 240(Chd.) and Kishore Lahoti Vs. ACIT 27 TW 164. In the case of Sheraton Apparels V/s CIT 256 ITR 20(Bom.) meaning of books of account has been defined. 3. If it is deemed that AO rightly made addition u/s 68 than kindly consider following submissions 4. Sources Explained with Evidence and not rebutted by the AO: The lower authority alleged that the appellant could not file satisfactory reply and produce the persons to prove the genuineness of th…

Dhanraj Mills P. Ltd, Mumbai vs. ACIT (OSD)-II Cen RG-7, Mumbai

The appeals of the assessee are dismissed

ITA 3830/MUM/2009[1987-88]Status: DisposedITAT Mumbai21 Mar 2017AY 1987-88

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 271(1)(c)Section 273Section 68

…s held in Jyoti Prakash Mitter vs UOI 112 ITR 378 (Cal.). In AM Shah and Company vs. CIT 108 taxman 137 (Guj). It was held that concealment/inaccuracy must be considered up to final stage. The Hon’ble jurisdictional High court in the Shereton apparels vs ACIT 256 ITR 20 (Bom.) held that books of account refers to those books which are maintained for income tax purposes. The assessee has maintained its books of accounts in such a manner so that the legitimate taxes, due to the Department, are reduced without the permission of the law meaning thereby with wrong intention 16 Dhanraj Mills Pvt. Ltd. ITA Nos.3830 to…

Dr Sarita Milind Davare, Mumbai vs. ACIT Cen Cir 40, Mumbai

In the result, the appeal filed by the assessee is treated as allowed and the appeal of the Revenue is dismissed

ITA 2187/MUM/2014[2009-10]Status: DisposedITAT Mumbai21 Dec 2016AY 2009-10

Bench: Shri B.R. Baskaran (Am)& Ramlal Negi (Jm) I.T.A. No. 2187/Mum/2014 (Assessment Year 2009-10)

Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

…y contended that the provisions of Explanation 5A would fail in the cases where “cash” is found during the course of search. The Ld A.R also placed reliance on the decision rendered by Hon’ble Bombay High Court in the case of Sheraton Apparels Vs. ACIT (2002)(256 ITR 20), wherein the Hon’ble High Court has explained the intention of introducing Explanation 5 (identical to Explanation 5A) under the head “Legislative intention”. He submitted that the Explanation 5/5A has been introduced to curb the practice of explaining the sources of undisclosed assets as income of earlier years. He submitted that Explanation5/5A…