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

ii. JCIT Vs. Gramophone Company of India Ltd. 265 ITR (Kol-Trib) 46 (AT) iii. DCIT Vs. D.N. Kamani (HUF) 70 ITD (Patna-Trib) 77 iv. Elite Developers Vs.. Dy. Commissioner of Income Tax 73 ITD (Nagpur-Trib) 379 v. Monga Metals Pvt. Ltd. Vs. ACIT 67 TTJ (All) 247 vi. Daulat Ram Rawatmull

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

ii. Judgment in the case of Kesharwani Sheetalaya Sahsaon v. Commissioner of Income Tax reported in [2020] 116 taxmann.com 382 (Allahabad) of HIGH I.T.A. No.117/Asr/2022 21 Assessment Year: 2017-18 COURT OF ALLAHABAD and the relevant portion of the judgment is reproduced as below: “section 68 of the Income-tax Act, 1961 - Cash credits (Firm partner, in case

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

THE DY.COMMISSIONER OF INCOME-TAX, JAMMU vs. M/S FILL INDUSTRIES,, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

M/S FIL INDUSTRIES LTD,SRINAGAR vs. THE ADDL. COMMISSIONER OF INCOME TAX, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

THE DY.COMMISSIONER OF INCOME-TAX, JAMMU vs. M/S FIL INDUSTRIES,, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

M/S FIL INDUSTRIES LTD,SRINAGAR vs. THE DY COMMISSIONER OF INCOME TAX, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

THE DY.COMMISSIONER OF INCOME-TAX, JAMMU vs. M/S FIL INDUSTRIES,, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

THE DY.COMMISSIONER OF INCOME-TAX, JAMMU vs. M/S FILL INDUSTRIES,, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

THE DY.COMMISSIONER OF INCOME-TAX, JAMMU vs. M/S FIL INDUSTRIES,, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

THE DY.COMMISSIONER OF INCOME-TAX, JAMMU vs. M/S FILL INDUSTRIES,, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

THE DY. COMMISSIONER OF INCOME TAX, JAMMU vs. M/S. FIL INDUSTRIES LTD, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

THE DY. COMMISSIONER OF INCOME TAX, JAMMU vs. M/S. FIL INDUSTRIES LTD, SRINAGAR

In the result appeal of the assessee ground no 4 to 4

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

ii) 52 taxmann.com 16 (Del) Asst. CIT vs. Richa Industries Ltd. Section 43(1), read with section 32, of the Income-tax Act, 1961 - Actual cost (Subsidy) - Assessment year 2008-09 - Whether Explanation 10 to section 43(1), would suggest that actual receipt of subsidy was a condition precedent forinvoking such provisions - Held, yes - Whether where amount

PUNEET SAHDEV,JAMMU vs. THE INCOME TAX OFFICER, JAMMU

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

section 2(24BA) of I.T.Act as under: “Manufacture” with its grammatical variations means a change in non-living physical object or article or thing:- a) Resulting in transformation of the object or article or thing into a new and distinct object or article or thing having a different name, character and use, or b) Bringing into existence

INCOME TAX OFFICER, JAMMU vs. SH. PUNEET SEHDEV, PROP., JAMMU

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

section 2(24BA) of I.T.Act as under: “Manufacture” with its grammatical variations means a change in non-living physical object or article or thing:- a) Resulting in transformation of the object or article or thing into a new and distinct object or article or thing having a different name, character and use, or b) Bringing into existence

SH. PUNEET SEHDEV PROP;,JAMMU vs. THE INCOME-TAX OFFICER,, JAMMU

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

section 2(24BA) of I.T.Act as under: “Manufacture” with its grammatical variations means a change in non-living physical object or article or thing:- a) Resulting in transformation of the object or article or thing into a new and distinct object or article or thing having a different name, character and use, or b) Bringing into existence

SH. PUNEET SEHDEV PROP,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

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

section 2(24BA) of I.T.Act as under: “Manufacture” with its grammatical variations means a change in non-living physical object or article or thing:- a) Resulting in transformation of the object or article or thing into a new and distinct object or article or thing having a different name, character and use, or b) Bringing into existence

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

32] CIT vs. Sinhgad Technical Education Society - 397 ITR 344 [Supreme Court]: It was held by the Supreme Court that even where the seized documents indicating capitation fee received were not co-related with assessment years in question, the notice issued u/s 153C was rightly quashed. It is submitted that the ratio of this decision will be applicable

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

32] CIT vs. Sinhgad Technical Education Society - 397 ITR 344 [Supreme Court]: It was held by the Supreme Court that even where the seized documents indicating capitation fee received were not co-related with assessment years in question, the notice issued u/s 153C was rightly quashed. It is submitted that the ratio of this decision will be applicable