SH. MANJIT KRISHAN MALHOTRA,ABOHAR vs. PR. COMMISSIONER OF INCME TAX , BATHINDA

The appeals of the assessee are disposed of in the terms indicated as above

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

50,000/- in cash on various dates from Sh. Rajiv Khanna partner of M/s Tirath Ram Badri Nath, Abohar. Thus, the appellant’s acceptance of loan was so made otherwise an by on account payee cheque or account payee bank draft is in contravention of provisions of section 269SS and 269T of the Act by the appellant assessee. Therefore

SHRI. MANJIT KRISHAN MALHOTRA,ABOHAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BATHINDA

The appeals of the assessee are disposed of in the terms indicated as above

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

50,000/- in cash on various dates from Sh. Rajiv Khanna partner of M/s Tirath Ram Badri Nath, Abohar. Thus, the appellant’s acceptance of loan was so made otherwise an by on account payee cheque or account payee bank draft is in contravention of provisions of section 269SS and 269T of the Act by the appellant assessee. Therefore

M/S. SATIA INDUSTRIES LIMITED,MUKTSAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, BATHINDA

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

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

transfer pricing issues in the case of any person having international transactions or in case of a foreign company. It has been provided under sub-section (8) of section 144C that DRP may confirm, reduce or enhance the variations proposed in the draft order of the Assessing Officer. I.T.A. No.193/Asr/2022 36 Assessment Year: 2018-19 In a recent judgement

SATIA INDUSTRIES LIMITED,MUKTSAR vs. DCIT/ACIT CIRCLE I, BATHINDA, BATHINDA

In the result, the appeal of the assessee is partly allowed

Bench: Dr. M. L. Meena & Sh. Udayan Dasgupta

2, 3 & 4 together and submitted that the AO has erred in making an addition of Rs. 6,66,54,028/-by reducing the sales value of steam and power to Rs. 56,08,22,355, contrary to the audited results declared at Rs. 62,74,76,383 by wrongly reducing the distribution and transmission loss from the unit price

M/S. JAMMU DEVELOPMENT AUTHORITY,,JAMMU ( J&K) vs. THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

price at market rates prevailing in the locality to be fixed by the Revenue Minister on the recommendations of the concerned Dy. Commissioner except in cases where market rate of a certain piece of land is either less or more than that prevailing in the locality . In such cases market rates shall be fixed with concurrence of Finance Deptt

THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU vs. M/S. JAMMU DEVELPMENT AUTHORITY,, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

price at market rates prevailing in the locality to be fixed by the Revenue Minister on the recommendations of the concerned Dy. Commissioner except in cases where market rate of a certain piece of land is either less or more than that prevailing in the locality . In such cases market rates shall be fixed with concurrence of Finance Deptt

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

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

prices considerably above their actual value. This case law does not apply to the present situation, as the Assessing Officer (AO) conducted a thorough enquiry in the current case. Further the source is out of sales made outside books of accounts. 3 [2019] 105 taxmann.com 287 Section 145, read with sections 133A and 263, of the Income

SMT. INDERMEET BAINS W/O SH. D.S. BAINS,BATHINDA vs. PR. COMMISSIONER OF INCOME TAX , BATHINDA

The appeal of the assessee is disposed of in the term indicated as above

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

section 263 cannot be taken into consideration and the Assessing Officer having taken a plausible view, the assessment as framed by the Assessing Officer cannot be considered to be erroneous and prejudicial to the interest of revenue. 8. Again, the Ld. Counsel, relied upon the judgment of Jurisdictional Bench of ITAT Amritsar Bench, Amritsar in the case of Sh. Jaswinder

THE DY. COMMISSIONER INCOME-TAX, JAMMU vs. M/S. HORIZON BUILDCON PVT. LTD,, JAMMU

In the result, the appeals of the Revenue in I

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

50,000 sq. yards at Sultanwind near Amritsar @ 2310/- per sq. yard for which an advance of Rs.1.75 Crore had been agreed to be paid. Another copy of a supplementary MOU has also been found and seized marked DNB-1, A-9, P-4-7. This supplementary MOU was also unsigned and a photocopy. The Assessing Officer came to preliminary

THE DY. COMMISSIONER INCOME-TAX, JAMMU vs. M/S. HORIZON BUILDCON PVT. LTD,, JAMMU

In the result, the appeals of the Revenue in I

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

50,000 sq. yards at Sultanwind near Amritsar @ 2310/- per sq. yard for which an advance of Rs.1.75 Crore had been agreed to be paid. Another copy of a supplementary MOU has also been found and seized marked DNB-1, A-9, P-4-7. This supplementary MOU was also unsigned and a photocopy. The Assessing Officer came to preliminary

THE DY. COMMISSIONER INCOME-TAX, JAMMU vs. M/S. HORIZON BUILDCON PVT. LTD,, JAMMU

In the result, the appeals of the Revenue in I

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

50,000 sq. yards at Sultanwind near Amritsar @ 2310/- per sq. yard for which an advance of Rs.1.75 Crore had been agreed to be paid. Another copy of a supplementary MOU has also been found and seized marked DNB-1, A-9, P-4-7. This supplementary MOU was also unsigned and a photocopy. The Assessing Officer came to preliminary

SHRI SURINDER SINGH DECEASED,AMRITSAR. vs. THE INCOME TAX OFFICER,, AMRITSAR.

In the result, the assessee’s appeal is allowed for statistical purposes

Bench: Sh. Sanjay Arora

transferred through the banking channel, was subsequently changed to be paid in cash. The matter, it is to be borne in mind, came to surface on the basis of a complaint. Then, again, why would one, as Sh. Surinder Singh ostensibly does, give POA to another, an unrelated person? This is more so as both are residents of Amritsar

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI JATINDER SINGH BEDI, JALANDHAR

In the result, the appeal of the revenue, ITA No 90/Asr/2020 is dismissed

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

50,000/- by I.T.A. No.51/Asr/2020: A.Y.: 2014-15 I.T.A. No.53/Asr/2020: A.Y.: 2016-17 “agreement to sell”. 2. Whether on the facts and circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that the “agreement to sell” was actually executed by making payment of Rs.50 lac each on 25.09.2015 and 28.12.2015 out of the assessee’s bank

SHRI BHAVNOOR SINGH BEDI,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, JALANDHAR

In the result, the appeal of the revenue, ITA No 90/Asr/2020 is dismissed

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

50,000/- by I.T.A. No.51/Asr/2020: A.Y.: 2014-15 I.T.A. No.53/Asr/2020: A.Y.: 2016-17 “agreement to sell”. 2. Whether on the facts and circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that the “agreement to sell” was actually executed by making payment of Rs.50 lac each on 25.09.2015 and 28.12.2015 out of the assessee’s bank

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI BHAVNOOR SINGH BEDI, JALANDHAR

In the result, the appeal of the revenue, ITA No 90/Asr/2020 is dismissed

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

50,000/- by I.T.A. No.51/Asr/2020: A.Y.: 2014-15 I.T.A. No.53/Asr/2020: A.Y.: 2016-17 “agreement to sell”. 2. Whether on the facts and circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that the “agreement to sell” was actually executed by making payment of Rs.50 lac each on 25.09.2015 and 28.12.2015 out of the assessee’s bank

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI BHAVNOOR SINGH BEDI, JALANDHAR

In the result, the appeal of the revenue, ITA No 90/Asr/2020 is dismissed

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

50,000/- by I.T.A. No.51/Asr/2020: A.Y.: 2014-15 I.T.A. No.53/Asr/2020: A.Y.: 2016-17 “agreement to sell”. 2. Whether on the facts and circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that the “agreement to sell” was actually executed by making payment of Rs.50 lac each on 25.09.2015 and 28.12.2015 out of the assessee’s bank

SHRI BHAVNOOR SINGH BEDI,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, JALANDHAR

In the result, the appeal of the revenue, ITA No 90/Asr/2020 is dismissed

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

50,000/- by I.T.A. No.51/Asr/2020: A.Y.: 2014-15 I.T.A. No.53/Asr/2020: A.Y.: 2016-17 “agreement to sell”. 2. Whether on the facts and circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that the “agreement to sell” was actually executed by making payment of Rs.50 lac each on 25.09.2015 and 28.12.2015 out of the assessee’s bank

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI JATINDER SINGH BEDI , JALANDHAR

In the result, the appeal of the revenue, ITA No 90/Asr/2020 is dismissed

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

50,000/- by I.T.A. No.51/Asr/2020: A.Y.: 2014-15 I.T.A. No.53/Asr/2020: A.Y.: 2016-17 “agreement to sell”. 2. Whether on the facts and circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that the “agreement to sell” was actually executed by making payment of Rs.50 lac each on 25.09.2015 and 28.12.2015 out of the assessee’s bank