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

Section 68 of the Income Tax Act 1961, in the absence of any corroborative evidence even when the assessee had explained the nature and source of cash deposits in the bank account and that nowhere in the assessment order, the A.O. had mentioned that he was not satisfied with the explanation offered to him since no deficiency was raised

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 which, as afore-noted, requires proving the nature and source of the receipt lest it may be assessed as income. Section 115BBC r/w s. 13

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

13-15 of judgement paper book] and the relevant portion is reproduced below: I.T.A. No.117/Asr/2022 23 Assessment Year: 2017-18 “Section 68

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

68 of the Income Tax Act as the appellant has not given any explanation on the source of the deposits of Rs.99,69,395/-. 7. We have heard the rival contentions, perused the material on record, impugned order, written submission and case law cited before us. Admittedly, the appellant has not filed return of income for the assessment year under

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. 5 Bombay High It is fairly well settled that when money is deposited in Court a bank, the relationship that is constituted between the banker and the customer is one of debtor and creditor Commissioner and not of trustee and beneficiary. Applying this Of Income-Tax, principle, the pass book supplied by the bank

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

Section 68. Those are: (i) identity of the investors; (ii) their creditworthiness/investments; and (iii) genuineness of the transaction. Only when these three ingredients are established prima facie, the department is required to undertake further exercise.” It has been held that merely proving the identity of the investors does 13

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

68 of the Act. Under the facts and circumstances of the case, we are of the considered view that the authorities below ought to have disproved the claim of the assesse by way of rebutting its contention with support of corroborative documentary evidences on record after granting an adequate opportunity of being heard. 11. The Hon’ble Supreme Court

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

section 68, since amount of loan received by appellant was returned to loan party during year itself and all transactions were carried out through banking channels, impugned addition was to be deleted.” 9. The ld. AO without adverting to the documents filed went to observe that assessee did not produce any of the parties. On these reasoning he made

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

section 68, since amount of loan received by appellant was returned to loan party during year itself and all transactions were carried out through banking channels, impugned addition was to be deleted.” 9. The ld. AO without adverting to the documents filed went to observe that assessee did not produce any of the parties. On these reasoning he made

SH. VIKRANT KANSHAL,BATHINDA vs. THE ICNOMET-AX OFFICER,, BATHINDA

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

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 367/Asr/2014 Assessment Year: 2008-09

section 68 of the Act on merit. As it is clearly written in the impugned order para 2.5 that the assesee’s counsel has raised a specific plea that the non-production of books of account 13

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

13. The Ld. AO made an addition of Rs 5,72,590.00/- u/s 68 of the Act on account of wages payable, that assessee could not establish the complete identity of the parties and genuineness of the transactions being not satisfied with the appellate information filed in respect of wages claiming that its genuineness stands itself accepted, when trading results

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

13. The Ld. AO made an addition of Rs 5,72,590.00/- u/s 68 of the Act on account of wages payable, that assessee could not establish the complete identity of the parties and genuineness of the transactions being not satisfied with the appellate information filed in respect of wages claiming that its genuineness stands itself accepted, when trading results

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

13. In the case of Principal Commissioner of Income-tax vs. Mamta Rajiv Kumar Agarwal [2023] 155 taxmann.com 549 (Gujarat), the Hon’ble HIGH COURT OF GUJARAT has observed on exemption of capital gains under Section 10(38) of the Income-tax Act, 1961 as under- “Section 10(38) of the Income-tax Act, 1961 - Capital gains - Income

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

13. In the case of Principal Commissioner of Income-tax vs. Mamta Rajiv Kumar Agarwal [2023] 155 taxmann.com 549 (Gujarat), the Hon’ble HIGH COURT OF GUJARAT has observed on exemption of capital gains under Section 10(38) of the Income-tax Act, 1961 as under- “Section 10(38) of the Income-tax Act, 1961 - Capital gains - Income

SHRI JASHANDEEP SINGH SIDHU,BATHINDA vs. INCOME TAX OFFICER WARD- 1 (3), BATHINDA

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

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

section 68 of the Act cannot apply to bank statement etc. which makes the addition as bad in law. 8. That the ld. CIT(A) erred on facts and law in confirming the ex- parte assessment orders passed by the ld. AO u/s. 144 dated 27.12.2017 in violation of principles of natural justice because neither notice

SHRI JASHANDEEP SINGH SIDHU,BATHINDA vs. INCOME TAX OFFICER WARD-1(3), BATHINDA

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

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

section 68 of the Act cannot apply to bank statement etc. which makes the addition as bad in law. 8. That the ld. CIT(A) erred on facts and law in confirming the ex- parte assessment orders passed by the ld. AO u/s. 144 dated 27.12.2017 in violation of principles of natural justice because neither notice

SHRIMATI MEERA AGGARWAL,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE- 2, JALANDHAR

Bench: Shri L. P. Sahu & Shri Ravish Sood

Section 68 of the Act. Therefore, on this count itself the impugned addition Rs.2,35,000/- deserves to be deleted. We thus ‘set aside’ the order of the CIT(A) and delete the addition of Rs.2,35,000/- sustained by him under Sec.68 of the Act. As we have quashed the addition of Rs. 2,35,000/- that

SHRI NASIR AHMED RANGSHU,ANANTNAG vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, SRINAGAR

In the result, the appeal of the assessee is dismissed

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

68 makes addition , which is in the books of accounts,, and appellate cannot prove source of credit, while as section 69A makes additions which is out of books of accounts. Therefore this judgment is not applicable in the instant case. Regarding the issue of taking support from M/s Me Dowell & Co. Ltd. The said judgment has no relevance with

THE ASSISATANT COMMISSIOENR OF INCOME-TAX,, HOSHIARPUR vs. SH. MANINDER SINGH CHEEMA, HOSHIARPUR

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

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 719/Asr/2013 Assessment Year: 2007-08

section 68 stands rightly invoked by the AO in the facts and circumstances the case. The impugned order is accordingly set aside on this ground, and the impugned addition upheld. 5. The second ground is in respect of addition of Rs. 15 lacs on account of unexplained investment toward purchase of agricultural land, purchased during the year