SHRI RAJ KUMAR ( M/S RADHIKA SALES CORP ), AMRITSAR vs. INCOME TAX OFFICER WARD- 3 (3), AMRITSAR

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

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

10. That the CIT(A) NFAS has erred in confirming the order of the AO ignoring the position of law that no addition u/s 68 can be made where books of account had been rejected by the AO u/s 145(3) and again relying upon the same books of accounts for the purpose of section

DR. HARPRIT SINGH ,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, JALANDHAR

In the result, the appeal of the assessee stands allowed

Bench: Shri N.K. Choudhry & Shri O.P.Meenaआ.अ.संसंसंसं././././I.T.A No.195/Asr/2018 िनधा"रणवष"/A.Y.:2011-12 िनधा"रणवष" िनधा"रणवष" िनधा"रणवष" Dr. Harprit Singh, C/O M/S. Vs. Deputy Commissioner Of Orthonova Hospital, Near Nari Income-Tax, Niketan, Nakoddar Road, Central Circle –Ii, Jalandhar Jalandhar(Pb) (Pb) Pan: Acmps 7237 F अपीलाथ"Appellant अपीलाथ" ""यथ"/Respondent ""यथ" अपीलाथ" अपीलाथ" ""यथ" ""यथ"

3) read with section 56 of the Act.” Therefore, Learned Counsel argued that when the cash deposits are taxed under section 68 it cannot be taxed under section 69 of the Act nor can be brought to tax as deemed dividend u/s. 2(22)(e) of the Act. 10

M/S SANT BABA BHAG SINGH MEMORIAL CHARITABLE SOCIETY,JALANDHAR vs. D.C.I.T, CIRCLE - 1 (EXEMPTION), CHANDIGARH

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

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 432/(Asr)/2017 Assessment Year: 2014-15

68 of the Income Tax Act. 4. That while confirming the above additions, the ld. CIT(A) failed to appreciate that the special provisions of section 115BEE read with section 68/69 were not applicable to the case of trust, inasmuch as, once the donations are held to be anonymous, the same are hit only by the provisions

THE INCOME TAX OFFICER, AMRITSAR. vs. SH. SHIV RAJ SINGH BAWA, AMRITSAR.

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

68 ITR 573 (SC); CIT v. Sutlej Cotton Mills Supply Agency Ltd. [1975] 100 ITR 706 (SC). The reference by the ld. Departmental Representative (DR), Sh. Charan Dass, to decisions in Karanpura Development Co. Ltd. v. CIT [1962] 44 ITR 362 (SC) and S.G. Mercantile Corporation (P.) Ltd. v. CIT [1972] 83 ITR 700 (SC) in this regard is also

HOSHIARPUR TRADERS ,HOSHIARPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

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

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

10-12 of judgement paper book] and the relevant portion of the judgment is reproduced below: I.T.A. No.117/Asr/2022 22 Assessment Year: 2017-18 “Section 68 of the Income-tax Act, 1961 - Cash credits - Assessment year 1987-88 - During course of assessment, Assessing Officer found that 'K’ i.e., partner in assessee-firm, deposited certain amount in her capital account - Assessing

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH, CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

Section 68 of the Act and without considering the facts that no books of accounts have been maintained by the assessee. 7. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other.” The facts

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH. CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

Section 68 of the Act and without considering the facts that no books of accounts have been maintained by the assessee. 7. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other.” The facts

SHRI SATBIR SINGH BHULLAR,AMRITSAR vs. INCOME TAX OFFICER WARD- 5 (4), AMRITSAR

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

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

section 68 - Held, yes. 4. Deposits from unexplained sources addition u/s 68 - ROOPAK JAIN Held that: - The assessee does not maintain any books VERSUS ITO, WARD -48 (3) , of account. Under these circumstances, no addition can be made u/s 68 of the Act. NEW DELHI, 2016 (10

SH. FARUKH JEHAN ZEB ,SRINAGAR vs. INCOME TAX OFFICER, ANANT NAG

In the result, the appeal of the assessee is dismissed

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

3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued.” 10. In another case of “Raymond Woolen Mills Limited. Vs ITO”, 236 ITR 34 the Hon’ble Apex Court has observed as under: “In this case, we do not have to give a final decision

SHRI RAVINDER SACHDEVA,AMRITSAR vs. INCOME TAX OFFICER WARD -5 (4), AMRITSAR

In the result, the appeal of the assesse is allowed for statistical

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

3. Section 68 not applicable to business receipts recorded as sales In this case return was filed by the assessee therein declaring income under presumptive basis by applying rate of profit u/s 44AD. A copy of the ITR along- with computation of income relating to AY 2012-13 is enclosed herewith and is available on Page

SH. SATISH KUMAR,JALANDHAR vs. THE INCOME TAX OFFICER,, JALANDHAR

The appeal of the assessee is allowed

Bench: Shri N.K. Saini & Shri Ravish Soodita No.105/Asr./2017 (Assessment Years: 2008-09)

3 ITA No.105/Asr./2017 A.Y. 2008-09 Shri Satish Kumar Vs. Income Tax Officer application seeking condonation of delay in filing of the appeal. We thus being of the considered view that there is merit in the aforesaid application filed by the assessee, thus condone the delay of 80 days in filing of the present appeal before us. 6. Briefly

POONAM MARWAHA,AMRITSAR vs. ACIT DCIT CEN CIR, AMRITSAR

Bench: Sh. Vikram Singh Yadav & Sh. Udayan Dasgupta

10 (38) was based on a proposal given by Assessing Officer, exercise of jurisdiction under section 263 was not justified - Held, yes [Paras 8 and 9] [In favour of assessee] 27. The Ld AR further argued on applicability of clause(a) of explanation 2 to section 263 and relied upon the Judgment of Sh. Narayan TatuRane

SHIROMANI GURDWARA PARBANDHAK COMMITTEE vs. COMMISSIONER OF INCOME TAX-I,

In the result the appeal of the Assessee is allowed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenav.S. Cit – I Shirmoni Gurdwara Parbandhak Committee Amritsar Teja Singh Mundri Hall Sri Amritsar Pan:Aants1981K (Appellant) (Respondent)

section 80G(2)(B), the Central Government notifies places of public worship owing to their historical, archaeological, or artistic importance. The following Gurudwaras due to their historical importance have been notified u/s 80G(2)(B) by the Central Government. 1. Gurudwara Harminder Sahib, SO 1974, Dated 19.06.1965. 2. Gurudwara DukhNiwaran Sahib, SO 885, Dated 31.12.1975. 3. Gurudwara Shri Hemkunt

MESERS SHRI SWAMI SHANKARNATH PARVAT CHARITABLE AND WELFARE TRUST ,KAPURTHALA vs. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHANDIGARH

In the result, the assessee appeal is allowed

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. No. 602/Asr/2018 Assessment Year: N.A.

68,816/- in F.Y: 2017/18. These are meager expenses. No adverse opinion has been drawn by him on this observation. It is submitted that Income & Expenditure Account for F.Y: 2016-17 appears at Page 20 of the Paper Book and for F.Y: 2017-18 at Page 23 of the Paper Book. The details of various expenses incurred by the Society

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, JAMMU vs. M/S MOHD ASRAF SHEIKH, JAMMU

In the result, the appeal of the Revenue is allowed

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

3 Asstt. CIT v. Mohd. Ashraf Sheikh ITR of the disputed creditors. However, the assessee failed to prove the creditworthiness and genuineness of the creditor to the satisfaction of the AO in respect of the following creditors: Amount SI No. Name of the assessee advanced (a) Jan wani Mohammed 40,00,000 Rs. 30 lacs from Bhawani Singh

JASDEEP KAUR CHADHA-JALANDHAR,PUNJAB vs. JAO THE DCIT CIRCLE-4 JALANDHAR, PUNJAB

In the result, the appeal of the assessee is allowed and the revenue appeal is dismissed

Bench: Sh. Udayan Das Gupta & Sh. Khettra Mohan Roy

3 parties namely that; Name of Person Amount Received Sh.Vinod Kumar 20,00,000/- I.T.A. Nos. 250 & 359/Asr/2025 4 Assessment Year: 2018-19 Sh. Jagjit Singh 11,00,000/- Smt. Pawandeep Kaur 20,00,000/- 5. Aggrieved, both the parties have filed these cross appeals. We have heard Sh. Sudhir Sehgal, Advocate, ld. counsel for the assessee at length

ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S JASDEEP KAUR CHADHA, JALANDHAR

In the result, the appeal of the assessee is allowed and the revenue appeal is dismissed

Bench: Sh. Udayan Das Gupta & Sh. Khettra Mohan Roy

3 parties namely that; Name of Person Amount Received Sh.Vinod Kumar 20,00,000/- I.T.A. Nos. 250 & 359/Asr/2025 4 Assessment Year: 2018-19 Sh. Jagjit Singh 11,00,000/- Smt. Pawandeep Kaur 20,00,000/- 5. Aggrieved, both the parties have filed these cross appeals. We have heard Sh. Sudhir Sehgal, Advocate, ld. counsel for the assessee at length

SHRI FAROOQ AHMAD AHANGAR,SRINAGAR vs. INCOME TAX OFFICER,WARD-3(1), SRINAGAR

In the result, both the appeals are allowed

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

68 of the Income Tax Act, 1961. 2. That the AO has totally overlooked the facts and circumstances of the case and resorted to bald addition. 3. That the appellant craves leave to add/amend any ground of appeal at the time of hearing.” Farooq Ahmad Ahangar v. ITO ITA No. 606/Asr/2018 (Assessment Year 2009-10): 4. Briefly, the facts

SHRI FAROOQ AHMAD AHANGAR,SRINAGAR vs. INCOME TAX OFICER, WARD-3(1, SRINAGAR

In the result, both the appeals are allowed

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

68 of the Income Tax Act, 1961. 2. That the AO has totally overlooked the facts and circumstances of the case and resorted to bald addition. 3. That the appellant craves leave to add/amend any ground of appeal at the time of hearing.” Farooq Ahmad Ahangar v. ITO ITA No. 606/Asr/2018 (Assessment Year 2009-10): 4. Briefly, the facts