Sumati Dayal v. CIT

214 ITR 801Supreme Court of India1995#12 most cited

What is Sumati Dayal v. CIT authority for?

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

1,967

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2010 to 2026.

Also referred to as

Sumati Dayal v CIT · Section 68 · human probabilities · genuineness of transaction · true nature of transaction · accommodation entry · bogus capital gains · penny stock · look behind apparent form · preponderance of probability · colourable device · unexplained loans

Also reported as

80 Taxmann 89125 CTR 124

Sections most often in play

Section 68Section 143(3)Section 147Section 148Section 142(1)Section 115BBESection 69CSection 69A
Read the full judgment

Issues it is cited on

price riggingcolourable devicepreponderance of probabilitybogus ltcgpenny stocksection 10(38)entry operatoraddition under section 68addition u/s 68genuineness of the transactionaccommodation entryshare application money

Judgments citing Sumati Dayal v. CIT

Allied Blenders and Distillers P.Ltd, Mumbai vs. DCIT 5(3)

In the result, the appeal of the assessee stands allowed and that of revenue are dismissed

ITA 2573/MUM/2015[2010-11]Status: DisposedITAT Mumbai21 Feb 2017AY 2010-11

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri K P DewanFor Respondent: Shri H M Wanare
Section 133(6)Section 143(1)Section 143(2)Section 234B

…said party. Under these circumstances, prime facie such purchases does not appear genuine. Though the appellant has tried to take shelter of the fact that payments to these parties was made through cheque, it is wroth nothing that in the case of Sumati Dayal (214 ITR 801), the Hon‟ble Apex Court has also held that one has to consider all surrounding circumstances for accepting the genuineness of a transaction. Further, in the case of P Mohankala 291 ITR 278, also after considering the entirety of surrounding circumstances the Hon'ble Supreme Court has not accepted the genuineness of cash credits even though the s…

DCIT 5(3)(1), Mumbai vs. Allied Blenders & Distillers P.Ltd, Mumbai

In the result, the appeal of the assessee stands allowed and that of revenue are dismissed

ITA 2447/MUM/2015[2010-11]Status: DisposedITAT Mumbai21 Feb 2017AY 2010-11

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri K P DewanFor Respondent: Shri H M Wanare
Section 133(6)Section 143(1)Section 143(2)Section 234B

…said party. Under these circumstances, prime facie such purchases does not appear genuine. Though the appellant has tried to take shelter of the fact that payments to these parties was made through cheque, it is wroth nothing that in the case of Sumati Dayal (214 ITR 801), the Hon‟ble Apex Court has also held that one has to consider all surrounding circumstances for accepting the genuineness of a transaction. Further, in the case of P Mohankala 291 ITR 278, also after considering the entirety of surrounding circumstances the Hon'ble Supreme Court has not accepted the genuineness of cash credits even though the s…

DCIT 5(3)(1), Mumbai vs. Allied Blenders & Distillers P.Ltd, Mumbai

In the result, the appeal of the assessee stands allowed and that of revenue are dismissed

ITA 2446/MUM/2015[2011-12]Status: DisposedITAT Mumbai21 Feb 2017AY 2011-12

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri K P DewanFor Respondent: Shri H M Wanare
Section 133(6)Section 143(1)Section 143(2)Section 234B

…said party. Under these circumstances, prime facie such purchases does not appear genuine. Though the appellant has tried to take shelter of the fact that payments to these parties was made through cheque, it is wroth nothing that in the case of Sumati Dayal (214 ITR 801), the Hon‟ble Apex Court has also held that one has to consider all surrounding circumstances for accepting the genuineness of a transaction. Further, in the case of P Mohankala 291 ITR 278, also after considering the entirety of surrounding circumstances the Hon'ble Supreme Court has not accepted the genuineness of cash credits even though the s…

Akay Industries P. Ltd, Mumbai vs. ITO 5(1)(1), Mumbai

In the result, appeal filed by the assessee in ITA No

ITA 748/MUM/2015[2010-11]Status: DisposedITAT Mumbai07 Feb 2017AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.748/Mum/2015 ("नधा"रण वष" / Assessment Year : 2010-11) M/S Akay Industries P. Ltd., Income Tax Officer – बनाम/ 22A Film Centre, 5(1)(1), V. 2 Nd Floor, 68 Tardeo Road, Aayakar Bhawan, Mumbai – 400 034. Mumbai – 400 020. "थायी लेखा सं./Pan : Aaaca9228K (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Sachhidanand Dubey
Section 143(3)Section 234Section 271(1)Section 40A(2)(b)

…ings nor during the remand proceedings, the assessee could produce the said party nor any evidence in support of actual purchase was put forward by the assessee. The learned CIT(A) relied upon the decision of Hon’ble Supreme Court in the case of Sumati Dayal (214 ITR 801(SC)) and ITA 748/Mum/2015 7 the case of P Mohankala 291 ITR 278(SC). Thus, the ld. CIT(A) vide appellate order dated 02-12-2014 confirmed the additions of Rs. 23,47,899/- on account of bogus purchases made by the assessee from Mihir Sales Private Limited by the learned A.O. in the assessment order dated 21-03-2013 passed u/s 143(3) of the Act.…

Shri Krishna Charitable Trust, New Delhi vs. JCIT, Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 2878/DEL/2015[2010-11]Status: DisposedITAT Delhi01 Feb 2017AY 2010-11

Bench: Sh. N. K. Sainiita No. 2878/Del/2015 : Asstt. Year : 2010-11 Sh. Krishna Charitable Trust, Vs Jcit, C/O-M/S Rra Taxindia, D-28, Range-2, South Extension, Part-I, Ghaziabad New Delhi-110049 (Appellant) (Respondent) Pan No. Aagts8457F Assessee By : Dr. Rakesh Gupta & Sh. Somil Agarwal, Advs. Revenue By : Sh. Anil Sharma, Sr. Dr Date Of Hearing : 02.11.2016 Date Of Pronouncement : 01.02.2017 Order This Is An Appeal By The Assessee Against The Order Dated 19.02.2015 Of Ld. Cit(A), Muzaffarnagar.

For Appellant: Dr. Rakesh Gupta &For Respondent: Sh. Anil Sharma, Sr. DR
Section 12ASection 68

…to the total income of the assessee society. The information is issued 4 Krishna Charitable Trust to concerned AO for remedial action. In view of the fact the loan are not genuine.” 5. The reliance was placed on the following case laws: " Sumati Dayal Vs CIT 214 ITR 801 (SC) " Nanak Chand Laaxman Das Vs CIT (1983) 140 ITR 151 (Alld.) " Anraj Narain Das Vs CIT (1951) 20 ITR 562 (Punj.) " A.D. Jayveerapandia Nadar Vs CIT (1964) 54 ITR 401 (Mad.) " CIT Vs V. K. Mahim (1995) 213 ITR 820 (Ker.) " Shankar Industries Vs CIT (1978) 114 ITR 689 (Cal.) " Cochin State Power & Light Corporation Ltd. Vs State of Kerala AIR 1…

DCIT 30(2), Mumbai vs. Kishore Kumar Agarwal, Mumbai

ITA 871/MUM/2015[2011-12]Status: DisposedITAT Mumbai25 Jan 2017AY 2011-12

Bench: Shri G.S.Pannu & Shri Ram Lal Negiita Nos.870 & 871/Mum/2015 ( Assessment Years 2010-11 & 2011-12) Dcit, 30(2), Room No.601, C-13, 6Th Floor, B.K.C. Bandra (E),Mumbai 400 020 ...... Appellant Vs. Shri Kishore Kumar Agarwal, 19/400/C-2, Seksaria Indl., Estate, S.V.Road, Malad(West) Mumbai 400 064 Pan:Aaa Pd4566E .... Respondent Co.No.132 & 133/Mum/2016 (Arising Out Of Ita Nos.870 & 871 /Mum/2015, Assessment Years - 2010-11& 2011-12)

For Appellant: S/Shri K. Shivram & Rahul HakaniFor Respondent: Shri A. Ramchandran
Section 143(3)Section 44A

…s of the case and in law, the Ld. C.I.T. (A) erred in directing the Assessing Officer to delete the addition made on account of bogus purchases without taking into consideration the decision of the Hon'ble Supreme Court in the case Sumati Dayal Vs. CIT (1995) 214 ITR 801, wherein it has been held that a superficial approach to the problem should be eschewed and the matter has to be considered in the light of human probabilities and further that any transaction about which direct evidence is rarely available should be inferred on the basis of circumstances available on the record. In that case, the majority opinio…

DCIT 30(2), Mumbai vs. Kishore Kumar Agarwal, Mumbai

ITA 870/MUM/2015[2010-11]Status: DisposedITAT Mumbai25 Jan 2017AY 2010-11

Bench: Shri G.S.Pannu & Shri Ram Lal Negiita Nos.870 & 871/Mum/2015 ( Assessment Years 2010-11 & 2011-12) Dcit, 30(2), Room No.601, C-13, 6Th Floor, B.K.C. Bandra (E),Mumbai 400 020 ...... Appellant Vs. Shri Kishore Kumar Agarwal, 19/400/C-2, Seksaria Indl., Estate, S.V.Road, Malad(West) Mumbai 400 064 Pan:Aaa Pd4566E .... Respondent Co.No.132 & 133/Mum/2016 (Arising Out Of Ita Nos.870 & 871 /Mum/2015, Assessment Years - 2010-11& 2011-12)

For Appellant: S/Shri K. Shivram & Rahul HakaniFor Respondent: Shri A. Ramchandran
Section 143(3)Section 44A

…s of the case and in law, the Ld. C.I.T. (A) erred in directing the Assessing Officer to delete the addition made on account of bogus purchases without taking into consideration the decision of the Hon'ble Supreme Court in the case Sumati Dayal Vs. CIT (1995) 214 ITR 801, wherein it has been held that a superficial approach to the problem should be eschewed and the matter has to be considered in the light of human probabilities and further that any transaction about which direct evidence is rarely available should be inferred on the basis of circumstances available on the record. In that case, the majority opinio…

Raj Kumar Gunwant, Keonjhar vs. ACIT, Sambalpur

In the result, the appeal filed by the assessee is allowed

ITA 314/CTK/2015[2010-11]Status: DisposedITAT Cuttack24 Jan 2017AY 2010-11

Bench: Shri N.S Sainiassessment Year :2010-2011

For Appellant: Shri P.R.Mohanty, ARFor Respondent: Shri D.K.Pradhan, DR
Section 133(6)Section 68

…s highly improbable. To produce the confirmation etc, at this stage, does not serve the purpose of evidence and, therefore, he confirmed the action of the Assessing officer by following the decision of Hon’ble Supreme Court in the case of Sumati Dayal vs CIT, 214 ITR 801 (SC) and CIT vs. D.P.More, 82 ITR 540 (SC), wherein, the Hon ‘ble Supreme Court decided that the maxim, the apparent is real is not always sacrosanct. 8. Similarly, the Assessing Officer found that the assessee has taken loan of Rs.17,00,000/- from M/s. M.D.Trading Company Pvt Ltd.. The Assessing Officer called for information u/s.133(6) of t…

Miss Himshika, Faridabad vs. ITO, Faridabad

In the result both the appeals of both the assesses are allowed

ITA 2408/DEL/2015[2005-06]Status: DisposedITAT Delhi23 Jan 2017AY 2005-06

Bench: Shri J. Sudhakar Reddyay: 2005-06 Smt. Mamta Singh Vs. Ito, Ward 1(3) H.No. D 207, Sector 11 Faridabad Faridabad Pan: Attps 0634 C Ay: 2005-06 Ms. Himshika Vs. Ito, Ward 1(3) H.No. D 207, Sector 11 Faridabad Faridabad

For Appellant: Sh. Raj Kumar Gupta, C.A. &For Respondent: Sh. Amrit Lal, Sr.D.R
Section 143(1)Section 143(3)Section 148

…and rejected various contentions raised by the assessee. On merits the Ld.CIT(A) applied the test of human probability and based on the judgement of the Apex Court in the case of CIT vs. Durga Prasad More (1971) 82 ITR 540 and Smt.Sumati Dayal vs. CIT (1995) 214 ITR 801 (SC) as well as the decision of Punjab & Haryana High Court in the case of Som Nath Maini vs CIT (2008) 306 ITR 414 (Punjab & Haryana) upheld the addition made by the A.O. He recorded that internet search made by him revealed that SEBI had initiated enquiry in the context of irregularities of the above scrips of Fast Track Entertainment Ltd. He r…

Miss Mamta Singh, Faridabad vs. ITO, Faridabad

In the result both the appeals of both the assesses are allowed

ITA 2407/DEL/2015[2005-06]Status: DisposedITAT Delhi23 Jan 2017AY 2005-06

Bench: Shri J. Sudhakar Reddyay: 2005-06 Smt. Mamta Singh Vs. Ito, Ward 1(3) H.No. D 207, Sector 11 Faridabad Faridabad Pan: Attps 0634 C Ay: 2005-06 Ms. Himshika Vs. Ito, Ward 1(3) H.No. D 207, Sector 11 Faridabad Faridabad

For Appellant: Sh. Raj Kumar Gupta, C.A. &For Respondent: Sh. Amrit Lal, Sr.D.R
Section 143(1)Section 143(3)Section 148

…and rejected various contentions raised by the assessee. On merits the Ld.CIT(A) applied the test of human probability and based on the judgement of the Apex Court in the case of CIT vs. Durga Prasad More (1971) 82 ITR 540 and Smt.Sumati Dayal vs. CIT (1995) 214 ITR 801 (SC) as well as the decision of Punjab & Haryana High Court in the case of Som Nath Maini vs CIT (2008) 306 ITR 414 (Punjab & Haryana) upheld the addition made by the A.O. He recorded that internet search made by him revealed that SEBI had initiated enquiry in the context of irregularities of the above scrips of Fast Track Entertainment Ltd. He r…

Sri Lalit Kumar Rupchandani, Kolkata vs. ITO, WD-33(3), Kolkata

In the result, the appeal filed by the assessee, is allowed

ITA 673/KOL/2015[2010-2011]Status: DisposedITAT Kolkata20 Jan 2017AY 2010-2011

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

For Appellant: Shri Akash Bansal, CAFor Respondent: Sk. Z. H. Tanveer, JCIT, Sr. DR
Section 131Section 133(6)Section 143(3)Section 271(1)(c)

…e his claim with the supporting documents/details but he failed to do so as no nexus was proved by the appellant between sub-commission vis-a-vis services rendered. In this regard reliance is also placed on the judgement of Sumati DoyaI Vs CIT (Supreme Court) 214 ITR 801 in which the Hon’ble Apex Court has discussed the issue of human probability and surrounding circumstances. In view of the above discussion, I find that the AO was justified to make the disallowance of Rs.13,01,300/-” 4.Not being satisfied with the order of the Ld. CIT(A) the assessee is in appeal before us and has taken the following grounds of…

Kiran Navin Doshi, Mumbai vs. ITO -23(2)(4), Mumbai

In the result, the assessee’s appeal for A

ITA 2601/MUM/2016[2009-10]Status: DisposedITAT Mumbai18 Jan 2017AY 2009-10

Bench: Shri Jason P. Boaz & Shri Saktijit Deysmt. Kiran Navin Doshi Income Tax Officer-23(2)(4) D-705, Kalp Nagri C-10, Pratyksha Kar Bhavan Vs. B.R. Road, Mulund (W) Bkc, Bandra East Mumbai 400080 Mumbai Pan – Abwpd5848A Appellant Respondent

For Appellant: NoneFor Respondent: Shri Milind Rajguru
Section 143Section 143(1)Section 143(3)Section 147Section 148Section 69C

…rden of proof, onus of proving is always on the person who makes the claim and not on the Revenue. While dealing with the issue of deciding the burden of proof, Hon'ble Supreme Court in the cases of CIT Vs. Durgaprasad More 82 ITR 540 and Sumati Dayal Vs. CIT 214 ITR 801 has held that the apparent must be considered real until it is shown that there are reasons to believe that the apparent is not real and that Taxing Authorities are entitled to look into surrounding circumstances to find out the reality and the matter has to be considered by applying the test of human probabilities. The Hon'ble court also held th…

ITO, Ward-46(1), Kolkata vs. Anupam Nandi, Howrah

In the result, the appeal of the revenue is dismissed

ITA 774/KOL/2012[2007-08]Status: DisposedITAT Kolkata23 Dec 2016AY 2007-08

Bench: Hon’Ble Sri Aby T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.774/Kol/2012 Assessment Year : 2007-08 I.T.O., Ward-46(1) -Vs.- Shri Anupam Nandi Kolkata Kolkata [Pan : Abipn 4303 N] (Appellant) (Respondent) For The Appellant : Md.Ghayas Uddin, Jcit,Sr.Dr For The Respondent : Shri Miraj D.Shah, Ar

For Appellant: Md.Ghayas Uddin, JCIT,Sr.DRFor Respondent: Shri Miraj D.Shah, AR
Section 28

…ction was not proved by the assessee. He argued that hence the provisions of section 68 of the Act had been rightly invoked by the ld AO in the instant case. He relied on the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs CIT reported in 214 ITR 801 (SC) in support of his contentions. The ld also placed reliance on the decision of the Hon’ble Supreme Court in the case of Roshan Di Hatti vs CIT reported in (1977) 107 ITR 938 (SC), 10. In response to this, the ld AR argued that the deposits of Rs. 49,50,000/- in the books of the assessee has been duly confirmed by Mr Anal Kanti Dey and hence n…

M/S. Khatri Projects Pvt. Ltd., Delhi vs. ITO, Delhi

In the result, the appeal filed by the assessee is allowed

ITA 4353/DEL/2016[2007-08]Status: DisposedITAT Delhi16 Dec 2016AY 2007-08

Bench: Sh. N. K. Sainiita No. 4353/Del/2016 : Asstt. Year : 2007-08 M/S Khatri Projects Pvt. Ltd., Vs Income Tax Officer, A-2/106, Sector-16, Rohini, Ward-5(2), Delhi-110085 Delhi (Appellant) (Respondent) Pan No. Aacck7376A Assessee By : Sh. Vivek Bansal, Adv. Revenue By : Sh. Rajesh Kumar, Sr. Dr Date Of Hearing : 19.10.2016 Date Of Pronouncement : 16.12.2016 Order This Is An Appeal By The Assessee Against The Order Dated 30.05.2016 Of Ld. Cit(A)-36, New Delhi.

For Appellant: Sh. Vivek Bansal, AdvFor Respondent: Sh. Rajesh Kumar, Sr. DR
Section 139(1)Section 148Section 68

…of credit entry in its books, it can be added as income. A reference was made to the following decisions of the Hon’ble Supreme Court: " Govindaraju Mudaliyar 34 ITR 807 " Kale Khan Mohd. Hanif 50 ITR 1 " Devi Prasad Biswanath Prasad 72 ITR 194 " Sumati Dayal 214 ITR 801 " P. Mohana Kala 291 ITR 278 9. The ld. CIT(A) also referred to the judgment of the Hon’ble Jurisdictional High Court in the case of CIT Vs Focus Exports Pvt. Ltd. reported at 228 Taxman 88 wherein it has been held that where the 26 Khatri Projects Pvt. Ltd. assessee failed to offer a lucid, reasonable and acceptable explanation regarding the so…

M/S. Mission Viejo Agro Pvt. Ltd., New Delhi vs. ACIT, New Delhi

ITA 4236/DEL/2015[2005-06]Status: DisposedITAT Delhi16 Dec 2016AY 2005-06

Bench: Sh. N. K. Sainiita No. 4236/Del/2015 : Asstt. Year : 2005-06 M/S Mission Verdes Estate Pvt. Ltd., Vs Acit, 48, Friends Colony, Central Circle-23, New Delhi-110065 New Delhi (Appellant) (Respondent) Pan No. Aaacm1160C Assessee By : Sh. Sashi Tulsiyan, Adv. Revenue By : Sh. F. R. Meena, Sr. Dr Date Of Hearing : 19.09.2016 Date Of Pronouncement : 16.12.2016 Order This Is An Appeal By The Assessee Against The Order Dated 10.02.2015 Of Ld. Cit(A)-30, New Delhi. 2. Following Grounds Have Been Raised In This Appeal: “1. That The Cit (Appeals) Erred On Facts & In Law In Upholding The Impugned Assessment Order Passed Under Sections 147 Of The Income Tax Act, 1961 Which Is Without Jurisdiction, Illegal & Bad In Law Since The Prerequisite Conditions For Initiating Proceedings Under Section 147 Of The Act Were Not Fulfilled In The Present Case. 2. That The Cit (Appeals) Erred On Facts & In Law In Upholding The Alleged Fair Rental Value At Rs.11,77,528/- & Thereby Making An Addition Of Rs.11,77,528/- Under The Head Income From House Property. 3. That The Cit(Appeals) Erred On Facts & In Law In Upholding The Addition Of Rs.7,00,000/- Received From M/S 2 Mission Viejo Estate Pvt. Ltd. Golden Techno Build Pvt. Ltd. As Unexplained Cash Credits U/S 68 Of The Act. 4. That The Cit(Appeals) Erred On Facts & In Law In Upholding The Aforesaid Addition Of Rs.7 Lacs Without Appreciating That The Appellant Had Discharged Its Onus In Terms Of Section 68 Of The Income Tax Act, 1961.” 3. Ground No. 1 Is Not Pressed, Therefore, The Same Is Dismissed As Not Pressed.

For Appellant: Sh. Sashi Tulsiyan, AdvFor Respondent: Sh. F. R. Meena, Sr. DR
Section 147Section 148Section 68

…ank accounts of dummy/paper companies are nothing but colourable device to cover the actual transactions. I rely on the decision of Hon’ble Supreme Court in the case of:- i) Mc. Dowell & Co. Ltd. Vs. CTO (1985) 154 1TR 148 (SC) ii) Sumati Dayal Vs. CIT [1995] 214 ITR 801 Ld. AR's argument that the addition made by the assessing officer on the basis of mere enquiry by ADIT(Inv.) cannot be sustained. He has relied on various judicial pronouncement. The present case is different on facts of the cases relied by the Ld. AR. In present case, the assessing officer has made the addition after proper utilization of eviden…

Kalsha Builders P.Ltd, Navi Mumbai vs. ACIT 6(2), Mumbai

In the result, appeals of the Assessee are allowed

ITA 1808/MUM/2015[2010-11]Status: DisposedITAT Mumbai05 Dec 2016AY 2010-11

Bench: Shri R.C.Sharma, Am & Shri Ravish Sood, Jm

Section 143(3)Section 68

…lied to the case of the appellant especially when there are direct judgements available on the issue of addition made under section 68 of the Income tax Act, 1961. 45. CIT(A) has also relied on decision of Hon’ble Supreme Court in case of Sumati Dayal vs. CIT 214 ITR 801. The facts of which was as under:- [a) The appellant's knowledge of racing is very meagre; b) A jackpot is a stake of five events in a single day and one can believe a regular and experienced punter clearing a Jackpot occasionally but the claim to the appellant to have won a number of jackpots in three or four seasons not merely at one place but…

Kalsha Builders P. Ltd, Navi Mumbai vs. ACIT 6(2), Mumbai

In the result, appeals of the Assessee are allowed

ITA 7643/MUM/2013[2009-10]Status: DisposedITAT Mumbai05 Dec 2016AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Ravish Sood, Jm

Section 143(3)Section 68

…lied to the case of the appellant especially when there are direct judgements available on the issue of addition made under section 68 of the Income tax Act, 1961. 45. CIT(A) has also relied on decision of Hon’ble Supreme Court in case of Sumati Dayal vs. CIT 214 ITR 801. The facts of which was as under:- [a) The appellant's knowledge of racing is very meagre; b) A jackpot is a stake of five events in a single day and one can believe a regular and experienced punter clearing a Jackpot occasionally but the claim to the appellant to have won a number of jackpots in three or four seasons not merely at one place but…

ACIT, New Delhi vs. Ms. Habitat Royale Projects Pvt. Ltd., New Delhi

In the result, all the 04 Appeals filed by the Revenue stand dismissed and 02

ITA 619/DEL/2012[2007-08]Status: DisposedITAT Delhi29 Nov 2016AY 2007-08

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Anil Kumar Gupta, CAFor Respondent: Sh. I.P.S. Bindra, CIT(DR)
Section 153C

…Act, merely because some papers were found from the premises of the assessee while ignoring vital facts and contentions of the assessee. To support his contention he relied upon the decision of the Hon’ble Supreme Court of India in the case of Sumati Dayal 214 ITR 801 and the ruling of the Hon’ble Delhi High Court dated 3.4.2014 in the case of True Zone Buildwell and the Hon’ble Allahabad High Court in the case of Babu Mohan Lal order dated 7.11.2013. In view of the above, he stated that the Appeals of the assessee may be allowed. 15. On the other hand, Ld. DR relied upon the orders of the authorities below…

ACIT, New Delhi vs. Ms. Sudhiksha Singh, Delhi

In the result, all the 04 Appeals filed by the Revenue stand dismissed and 02

ITA 618/DEL/2012[2008-09]Status: DisposedITAT Delhi29 Nov 2016AY 2008-09

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Anil Kumar Gupta, CAFor Respondent: Sh. I.P.S. Bindra, CIT(DR)
Section 153C

…Act, merely because some papers were found from the premises of the assessee while ignoring vital facts and contentions of the assessee. To support his contention he relied upon the decision of the Hon’ble Supreme Court of India in the case of Sumati Dayal 214 ITR 801 and the ruling of the Hon’ble Delhi High Court dated 3.4.2014 in the case of True Zone Buildwell and the Hon’ble Allahabad High Court in the case of Babu Mohan Lal order dated 7.11.2013. In view of the above, he stated that the Appeals of the assessee may be allowed. 15. On the other hand, Ld. DR relied upon the orders of the authorities below…

ACIT, New Delhi vs. Ms. Sudhiksha Singh, Delhi

In the result, all the 04 Appeals filed by the Revenue stand dismissed and 02

ITA 617/DEL/2012[2007-08]Status: DisposedITAT Delhi29 Nov 2016AY 2007-08

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Anil Kumar Gupta, CAFor Respondent: Sh. I.P.S. Bindra, CIT(DR)
Section 153C

…Act, merely because some papers were found from the premises of the assessee while ignoring vital facts and contentions of the assessee. To support his contention he relied upon the decision of the Hon’ble Supreme Court of India in the case of Sumati Dayal 214 ITR 801 and the ruling of the Hon’ble Delhi High Court dated 3.4.2014 in the case of True Zone Buildwell and the Hon’ble Allahabad High Court in the case of Babu Mohan Lal order dated 7.11.2013. In view of the above, he stated that the Appeals of the assessee may be allowed. 15. On the other hand, Ld. DR relied upon the orders of the authorities below…