M/S ACTIVE TOOLS (P). LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -II, JALANDHAR

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

79, New Udyog Nagar Fazilpur Randhawa Masanda, Jhalandhar Jhalandhar (Punjab) PAN:AAECA6485E (Appellant) (Respondent) Appellant by Sh. Surindra Mahajan, C.A. Respondent by Smt. Jatindra Kaur, D.R. Date of Hearing 14.07.2021 16.08.2021 Date of Pronouncement ORDER Per Laliet Kumar, J.M. 1. That the present appeal was filed by the Assessee,feeling aggrieved by the order passed by Principal

SMT. AMITA NARANG,DELHI vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, the assessee’s appeal is dismissed

Bench: Sh. Sanjay Arorai.T.A. No. 385/Asr/2016 Assessment Year: 2007-08

house property in January, 2007, i.e., within a period of less than ten months of its’ purchase by the assessee in April, 2006. 2 Amita Narang v. Dy. CIT 3. The assessee before me relied, as was the case before the ld. CIT(A), on the decisions in CIT v. Mithlesh Kumari [1973] 92 ITR 9 (Del) and CIT (Addl

M/S LORD MAHAVIR HOMEOPATHIC MEDICAL COLLAGE & HOSPITAL,LUDHIANA vs. INCOME TAX OFFICER WARD- ( EXEMPTIONS), JALANDHAR

In the result the 2nd ground raised by the assessee is liable to be allowed

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

79 and 80 in para 14 of the judgment, where in the judgment of the Apex Court has been followed. Similar is the judgment placed at pages 82 to 83. Page 37-45. There is even judgment of ‘Rajasthan High Court’ on the same issue, which copy is placed at pages 37 to 45 and the relevant finding

LORD MAHAVIRA HOMOEOPHATIC MEDICAL COLLEGE AND HOSPITAL ,LUDHIANA vs. INCOME TAX OFFICER (EXEMPTIONS), JALANDHAR

In the result the 2nd ground raised by the assessee is liable to be allowed

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

79 and 80 in para 14 of the judgment, where in the judgment of the Apex Court has been followed. Similar is the judgment placed at pages 82 to 83. Page 37-45. There is even judgment of ‘Rajasthan High Court’ on the same issue, which copy is placed at pages 37 to 45 and the relevant finding

M/S LORD MAHAVIRA HOMEOP[ATHIC MEDICAL COLLEGE & HOSPITAL ,LUDHIANA vs. INCOME TAX OFFICER WARD- ( EXEMPTIONS), JALANDHAR

In the result the 2nd ground raised by the assessee is liable to be allowed

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

79 and 80 in para 14 of the judgment, where in the judgment of the Apex Court has been followed. Similar is the judgment placed at pages 82 to 83. Page 37-45. There is even judgment of ‘Rajasthan High Court’ on the same issue, which copy is placed at pages 37 to 45 and the relevant finding

SHRI MOHD MANZOOR,RAJOURI vs. INCOME TAX OFFICER WARD -2 (3), JAMMU

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

79,00,960.00 6,32,076.80 Profit @ 8% on deposit during pre and post demonetization period The sales made by the appellant up to 08.11.2016 as per the bank statements works out to Rs.65.10 Lakh and the post demonetization sales works out to Rs.13,90,960/- . The profits earned pre demonetization period and post demonetization period is tabulated as under

SHRI GURBINDER SINGH MAHAL,AMRITSAR vs. INCOME TAX OFFICER WARD-IV ( 2), AMRITSAR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

79-82 stamp duty document no.556236 9. Copy of sale deed in the name of Harjit Singh dated 29/04/2013 83-86 stamp duty document no.A092694 I.T.A. No.22/Asr/2023 7 Assessment Year: 2014-15 10. Copy of sale deed in the name of Harjit Singh dated 28/04/2013 87-90 stamp duty document no.556342 11. Copy of sale deed in the name

SHRIMATI JATINDER KAUR (ALIAS AMRITA),JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, JALANDHAR

In the result all the appeals of the assessee are allowed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

79. (f) Principal CIT vs. DharampalPremchand - 99 CCH 202 (Delhi High Court): It was held that there has to be incriminating material qua each year covered by search. There being no incriminating material, the additions made u/s 153A/ 143(3) were not justified. Copy of the order is enclosed at page no. 80 to 82. (g) Principal CIT vs. Saumya

SHRIMATI JATINDER KAUR ( ALIAS AMRITA),JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, JALANDHAR

In the result all the appeals of the assessee are allowed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

79. (f) Principal CIT vs. DharampalPremchand - 99 CCH 202 (Delhi High Court): It was held that there has to be incriminating material qua each year covered by search. There being no incriminating material, the additions made u/s 153A/ 143(3) were not justified. Copy of the order is enclosed at page no. 80 to 82. (g) Principal CIT vs. Saumya

SHRIMATI JATINDER KAUR(ALIAS AMRITA),JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, JALANDHAR

In the result all the appeals of the assessee are allowed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

79. (f) Principal CIT vs. DharampalPremchand - 99 CCH 202 (Delhi High Court): It was held that there has to be incriminating material qua each year covered by search. There being no incriminating material, the additions made u/s 153A/ 143(3) were not justified. Copy of the order is enclosed at page no. 80 to 82. (g) Principal CIT vs. Saumya

JASWINDER SINGH BAINS ALIA JAZZY B,JALANDHAR vs. D.C.I.T, CENTRAL CIRCLE - II, JALANDHAR

In the result, the appeals of the assessee are allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 337/Asr./2017 : Asstt. Year : 2007-08 Ita No. 338/Asr./2017 : Asstt. Year : 2008-09 Ita No. 339/Asr./2017 : Asstt. Year : 2009-10 Ita No. 340/Asr./2017 : Asstt. Year : 2010-11 Ita No. 341/Asr./2017 : Asstt. Year : 2013-14 Jaswinder Singh Bains Alia Vs Dy. Commissioner Of Income Jazzy B, 10, Seiyu Complex, Tax, Central Circle-Ii, Model Town, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Amzps7517F Assessee By : Sh. J. S. Bhasin, Adv. Revenue By : Sh. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 28.03.2019 Order Per N. S. Saini: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A)-1, Jalandhar All Dated 14.03.2017 For The Assessment Years 2007-08, 2008-09, 2009-10, 2010-11 & 2013-14. 2. The Assessee Has Raised Additional Ground Of Appeal In The Assessment Years 2007-08 & 2008-09 Which Reads As Under: “That The Notice Issued U/S 153C For This Year, Not Being Consistent With The First Proviso To Section 153C, Is Illegal & The Consequential Order Under Appeal, Passed Thereupon Is Also Illegal.”

Property No.87-88 measuring 20 marla 25 ft. situated at Vill. Maqsudpur, Tehsil & Distt. Jalandhar for Rs.3,23,000/-. Seller : Ram Parkash Sikka, Bansi Lal Sikka & Kishan Lal S/o Ram Lai r/ o WF-145, Ali Mohalla, Jalandhar. Purchaser : Jaswinder Singh Bains s/o Gurnail Singh, r/o Durga Pur, Distt. Nawanshehar ITA Nos.337 to 341/Asr./2017 6 Jaswinder Singh Bains Alia Jazzy

JASWINDER SINGH BAINS ALIA JAZZY B,JALANDHAR vs. D.C.I.T, CENTRAL CIRCLE - II, JALANDHAR

In the result, the appeals of the assessee are allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 337/Asr./2017 : Asstt. Year : 2007-08 Ita No. 338/Asr./2017 : Asstt. Year : 2008-09 Ita No. 339/Asr./2017 : Asstt. Year : 2009-10 Ita No. 340/Asr./2017 : Asstt. Year : 2010-11 Ita No. 341/Asr./2017 : Asstt. Year : 2013-14 Jaswinder Singh Bains Alia Vs Dy. Commissioner Of Income Jazzy B, 10, Seiyu Complex, Tax, Central Circle-Ii, Model Town, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Amzps7517F Assessee By : Sh. J. S. Bhasin, Adv. Revenue By : Sh. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 28.03.2019 Order Per N. S. Saini: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A)-1, Jalandhar All Dated 14.03.2017 For The Assessment Years 2007-08, 2008-09, 2009-10, 2010-11 & 2013-14. 2. The Assessee Has Raised Additional Ground Of Appeal In The Assessment Years 2007-08 & 2008-09 Which Reads As Under: “That The Notice Issued U/S 153C For This Year, Not Being Consistent With The First Proviso To Section 153C, Is Illegal & The Consequential Order Under Appeal, Passed Thereupon Is Also Illegal.”

Property No.87-88 measuring 20 marla 25 ft. situated at Vill. Maqsudpur, Tehsil & Distt. Jalandhar for Rs.3,23,000/-. Seller : Ram Parkash Sikka, Bansi Lal Sikka & Kishan Lal S/o Ram Lai r/ o WF-145, Ali Mohalla, Jalandhar. Purchaser : Jaswinder Singh Bains s/o Gurnail Singh, r/o Durga Pur, Distt. Nawanshehar ITA Nos.337 to 341/Asr./2017 6 Jaswinder Singh Bains Alia Jazzy

JASWINDER SINGH BAINS ALIA JAZZY B,JALANDHAR vs. D.C.I.T, CENTRAL CIRCLE - II, JALANDHAR

In the result, the appeals of the assessee are allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 337/Asr./2017 : Asstt. Year : 2007-08 Ita No. 338/Asr./2017 : Asstt. Year : 2008-09 Ita No. 339/Asr./2017 : Asstt. Year : 2009-10 Ita No. 340/Asr./2017 : Asstt. Year : 2010-11 Ita No. 341/Asr./2017 : Asstt. Year : 2013-14 Jaswinder Singh Bains Alia Vs Dy. Commissioner Of Income Jazzy B, 10, Seiyu Complex, Tax, Central Circle-Ii, Model Town, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Amzps7517F Assessee By : Sh. J. S. Bhasin, Adv. Revenue By : Sh. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 28.03.2019 Order Per N. S. Saini: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A)-1, Jalandhar All Dated 14.03.2017 For The Assessment Years 2007-08, 2008-09, 2009-10, 2010-11 & 2013-14. 2. The Assessee Has Raised Additional Ground Of Appeal In The Assessment Years 2007-08 & 2008-09 Which Reads As Under: “That The Notice Issued U/S 153C For This Year, Not Being Consistent With The First Proviso To Section 153C, Is Illegal & The Consequential Order Under Appeal, Passed Thereupon Is Also Illegal.”

Property No.87-88 measuring 20 marla 25 ft. situated at Vill. Maqsudpur, Tehsil & Distt. Jalandhar for Rs.3,23,000/-. Seller : Ram Parkash Sikka, Bansi Lal Sikka & Kishan Lal S/o Ram Lai r/ o WF-145, Ali Mohalla, Jalandhar. Purchaser : Jaswinder Singh Bains s/o Gurnail Singh, r/o Durga Pur, Distt. Nawanshehar ITA Nos.337 to 341/Asr./2017 6 Jaswinder Singh Bains Alia Jazzy

JASWINDER SINGH BAINS ALIA JAZZY B,JALANDHAR vs. D.C.I.T, CENTRAL CIRCLE - II, JALANDHAR

In the result, the appeals of the assessee are allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 337/Asr./2017 : Asstt. Year : 2007-08 Ita No. 338/Asr./2017 : Asstt. Year : 2008-09 Ita No. 339/Asr./2017 : Asstt. Year : 2009-10 Ita No. 340/Asr./2017 : Asstt. Year : 2010-11 Ita No. 341/Asr./2017 : Asstt. Year : 2013-14 Jaswinder Singh Bains Alia Vs Dy. Commissioner Of Income Jazzy B, 10, Seiyu Complex, Tax, Central Circle-Ii, Model Town, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Amzps7517F Assessee By : Sh. J. S. Bhasin, Adv. Revenue By : Sh. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 28.03.2019 Order Per N. S. Saini: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A)-1, Jalandhar All Dated 14.03.2017 For The Assessment Years 2007-08, 2008-09, 2009-10, 2010-11 & 2013-14. 2. The Assessee Has Raised Additional Ground Of Appeal In The Assessment Years 2007-08 & 2008-09 Which Reads As Under: “That The Notice Issued U/S 153C For This Year, Not Being Consistent With The First Proviso To Section 153C, Is Illegal & The Consequential Order Under Appeal, Passed Thereupon Is Also Illegal.”

Property No.87-88 measuring 20 marla 25 ft. situated at Vill. Maqsudpur, Tehsil & Distt. Jalandhar for Rs.3,23,000/-. Seller : Ram Parkash Sikka, Bansi Lal Sikka & Kishan Lal S/o Ram Lai r/ o WF-145, Ali Mohalla, Jalandhar. Purchaser : Jaswinder Singh Bains s/o Gurnail Singh, r/o Durga Pur, Distt. Nawanshehar ITA Nos.337 to 341/Asr./2017 6 Jaswinder Singh Bains Alia Jazzy

JASWINDER SINGH BAINS ALIA JAZZY B,JALANDHAR vs. D.C.I.T, CENTRAL CIRCLE - II, JALANDHAR

In the result, the appeals of the assessee are allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 337/Asr./2017 : Asstt. Year : 2007-08 Ita No. 338/Asr./2017 : Asstt. Year : 2008-09 Ita No. 339/Asr./2017 : Asstt. Year : 2009-10 Ita No. 340/Asr./2017 : Asstt. Year : 2010-11 Ita No. 341/Asr./2017 : Asstt. Year : 2013-14 Jaswinder Singh Bains Alia Vs Dy. Commissioner Of Income Jazzy B, 10, Seiyu Complex, Tax, Central Circle-Ii, Model Town, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Amzps7517F Assessee By : Sh. J. S. Bhasin, Adv. Revenue By : Sh. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 28.03.2019 Order Per N. S. Saini: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A)-1, Jalandhar All Dated 14.03.2017 For The Assessment Years 2007-08, 2008-09, 2009-10, 2010-11 & 2013-14. 2. The Assessee Has Raised Additional Ground Of Appeal In The Assessment Years 2007-08 & 2008-09 Which Reads As Under: “That The Notice Issued U/S 153C For This Year, Not Being Consistent With The First Proviso To Section 153C, Is Illegal & The Consequential Order Under Appeal, Passed Thereupon Is Also Illegal.”

Property No.87-88 measuring 20 marla 25 ft. situated at Vill. Maqsudpur, Tehsil & Distt. Jalandhar for Rs.3,23,000/-. Seller : Ram Parkash Sikka, Bansi Lal Sikka & Kishan Lal S/o Ram Lai r/ o WF-145, Ali Mohalla, Jalandhar. Purchaser : Jaswinder Singh Bains s/o Gurnail Singh, r/o Durga Pur, Distt. Nawanshehar ITA Nos.337 to 341/Asr./2017 6 Jaswinder Singh Bains Alia Jazzy