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 - Held, yes [In favor of assessee] Contractor, Kotkapura 11. The ld. CIT DR vehemently argued and relied on the order of the ld. AO. Copy of the said order of para 6.1 is extracted as below: “6.1 The above discussion clearly shows that the assessee had shown inflated cash sales to cover his unaccounted money. Total sale

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

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

143(3) of the Act and investments made by them including their investment in the assessee firm had been examined in their individual cases by their respective AOs. 4. I have considered the reply of the assessee to the SCN u/s 263 of the Act and the assessment records. (I). The case was selected under CASS for complete scrutiny

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"

143 (3)/147 dtd. 13.01.2016 of Income Tax Act,1961 (in short ‘the Act’) by the Deputy Commissioner of Income-Tax, Central Circle- II, Jalandhar (in short “the AO”). 2. Grounds 1 to 4 are against the confirmation of addition of Rs.33,71,720 made on account of cash deposits in saving bank account and Rs. 12,528 being interest

SHRI RAJAN SHARMA C/O MEEK ENTERPRISES ,PHAGWARA vs. INCOME TAX OFFICER, PHAGWARA

In the result, appeal of the assessee is allowed

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

section in the order while making the addition. 7 That the assessment order passed by the AO to whom the jurisdiction was transferred cannot be sustained in the absence of fresh notice issued u/s 143(2) of the Income Tax Act 1961. 8 That the orders of AO and CIT (A) are against the Law and facts

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

143(3) r.w.s. 144B of the Act with an addition of Rs.4,22,00,000/- u/s 68 in respect of cash credit received from seven different lenders. 4. Aggrieved the order passed by the AO, the assessee filed an appeal before the First appellate authority, and the Worthy CIT(A) has given part relief to the assessee i.e. relief

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

143(3) r.w.s. 144B of the Act with an addition of Rs.4,22,00,000/- u/s 68 in respect of cash credit received from seven different lenders. 4. Aggrieved the order passed by the AO, the assessee filed an appeal before the First appellate authority, and the Worthy CIT(A) has given part relief to the assessee i.e. relief

M/S. RAJ DEV ,KOTKAPURA vs. INCOME TAX OFFICER WARD-1, FARIDKOT

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

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

68 sans valid and proper books of account of assessee is invalid - Held, yes [Paras 6.2, 6.4 and 8][ln favour of assessee] ii. Section 143

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

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 of the case

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

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 of the case

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

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

section 292C of the Act under which presumption is raised which is rebuttable and the assessee has duly rebutted by submitting affidavit of her father which has been accepted by the department. 12. That the assessee reserves the right to amend, alter or raise an additional grounds of appeal before the disposal of this appeal.” Search and seizure proceedings

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

In the result, the appeal filed by assessee is allowed

143(1) Subsequently, Principal\nCommissioner invoked revision under section 263 on ground that a land was sold by\nassessee to an entity below value adopted by concerned authority for levy of stamp duty,\nand therefore, there was under-assessment of income to extent of differential amount, and\naccordingly, assessment made was contrary to provisions of section

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

68 of proving the cash credit were satisfied by the assessee the addition should have been deleted rather than upholding the same u/s 56(1)(vii) of the Act. 4 That even otherwise on facts too, the CIT(A) has erred in holding that the Gift to the daughter by his father during the year which came from the Bank

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

68 of proving the cash credit were satisfied by the assessee the addition should have been deleted rather than upholding the same u/s 56(1)(vii) of the Act. 4 That even otherwise on facts too, the CIT(A) has erred in holding that the Gift to the daughter by his father during the year which came from the Bank

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

68 of proving the cash credit were satisfied by the assessee the addition should have been deleted rather than upholding the same u/s 56(1)(vii) of the Act. 4 That even otherwise on facts too, the CIT(A) has erred in holding that the Gift to the daughter by his father during the year which came from the Bank

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 69 of the Act are entirely inapplicable.” 6. The ld. DR vehemently argued and relied on the order of the revenue authorities. Ground No. 7 7. In this ground no. 7, the ld. AR for the assessee specifically mentioned that the assessee was not maintaining any books of account. The addition was made on basis of the bank

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 69 of the Act are entirely inapplicable.” 6. The ld. DR vehemently argued and relied on the order of the revenue authorities. Ground No. 7 7. In this ground no. 7, the ld. AR for the assessee specifically mentioned that the assessee was not maintaining any books of account. The addition was made on basis of the bank

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

143(3). In above regard, it is seen that there is no such compulsion on the AO to reject the books of accounts before applying the provisions of Section 69. It has been held by the Hon’ble High Court of Kolkata in the case of Unit Construction Co. Ltd. vs. Jt. CIT [2003] 260 ITR 189 (Cal.) that

M/S SHANKAR RICE & GENERAL MILLS ,MOGA vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE, MOGA

In the result, the appeal of the assessee is dismissed

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

Section 115BBE. Hence, the contention of the appellant that the assessee had already offered to tax the surrendered amount during survey is not acceptable as the appellant had all the time available with him till the date of filing of return to pay the tax as per the amended provisions of law. Hence, the contentions of the appellant