SANJAY SINGAL,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-1, CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

Section 132(4) of the Act, by Shri Shrish Chandrakant Shah and Shri R.K. Kedia, were supported by seizure of a large number of incriminating documents, during the course of search proceedings carried out in their cases, including cash books reflecting flow of ITA 655/CHD/2023 & ITA 610/CHD/2023 A.Y. 2015-16 6 unaccounted cash from such beneficiaries, including the appellant

M/S SANJAY SINGAL HUF,CHANDIGARH vs. DCIT, CC-1, CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

Section 132(4) of the Act, by Shri Shrish Chandrakant Shah and Shri R.K. Kedia, were supported by seizure of a large number of incriminating documents, during the course of search proceedings carried out in their cases, including cash books reflecting flow of ITA 655/CHD/2023 & ITA 610/CHD/2023 A.Y. 2015-16 6 unaccounted cash from such beneficiaries, including the appellant

SAHIBZADA TIMBER AND PLY PRIVATE LIMITED ,MOHALI vs. DCIT, ACIT CENTRAL CIRCLE-2, CHANDIGARH, CHANDIGARH

In the result, the appeal of the assessee is dismissed

Bench: SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं./ ITA No. 699/Chd/2024 निर्धारण वर्ष / Assessment Year : 2019-20 M/s Sahibzada Timber & Ply Private Limited B41-42, Phase-3, Indl. Aera, SAS Nagar Mohali, Punjab बनाम The DCIT Central Circle-2 Chandigarh स्थायी लेखा सं./PAN NO: AAQCS2239G अपीलार्थी/Appellant प्रत्यर्थी/Respondent निर्धारिती की ओर से/Assessee by : Shri Mohit Dhiman, C.A राजस्व की ओर से/ Revenue by : Dr. Ranjeet Kaur, Sr. DR Shri Dharam Vir, Addl. CIT, Sr.DR सुनवाई की तारीख/Date of He

14. Considering the language of sub section (2) of Section 12B of the 1922 Act, we are of the opinion that the judgment applies to Section 48 of the 1961 Act. The language of sub section (2) in this regard is 'similar to the language of the opening part of Section 48 of the Act. 15. The judgment undoubtedly holds

AJMER SINGH,MOHALI vs. ITO, W-6(5), MOHAL

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

10,000/- was made later on in the case of Ajmer Singh by issuing a notice u/s 148 and completing the assessment on 22.12.2017. Since the addition has been made in the case of Ajmer Singh as well as in the case of Gurdev Kaur, the addition could have been made only one case or alternatively 50% in both cases

ITO, W-6(5), MOHALI vs. SMT. GURDEV KAUR, KHARAR

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

10,000/- was made later on in the case of Ajmer Singh by issuing a notice u/s 148 and completing the assessment on 22.12.2017. Since the addition has been made in the case of Ajmer Singh as well as in the case of Gurdev Kaur, the addition could have been made only one case or alternatively 50% in both cases

AJMER SINGH,MOHALI vs. ITO, W-6(5), MOHAL

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

10,000/- was made later on in the case of Ajmer Singh by issuing a notice u/s 148 and completing the assessment on 22.12.2017. Since the addition has been made in the case of Ajmer Singh as well as in the case of Gurdev Kaur, the addition could have been made only one case or alternatively 50% in both cases

ARJESH KUMAR,PATIALA vs. ITO NATIONAL E-ASSESSMENT CENTRE , DELHI

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

SAROJ CHAUDHARY BALA,PANCHKULA vs. ITO, WARD-4, PANCHKULA

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

SH. AMARDEEP SINGH ATHWAL,YAMUNANAGAR vs. ITO, WARD-1, YAMUNANAGAR

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

RANJIT SINGH,PANCHKULA vs. DEPUTY DIRECTOR, CPC DEPARTMENT

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

SH. AMARDEEP SINGH ATHWAL,YAMUNANAGAR vs. ITO, WARD-1, YAMUNANAGAR

Bench: BEFORE: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

PAWAN KUMAR,FATEHABAD vs. INCOME TAX OFFICER WARD-1, FATEHABAD

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

BALBIR KUMAR HUF,CHANDIGARH vs. ITO , CHANDIGARH

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

INCOME TAX OFFICER, FATEHABAD vs. MAHESH NAGPAL, FATEHABAD

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

SMT. SHANKRI DEVI,PANCHKULA vs. ACIT, PANCKULA CIRCLE, PANCHKULA

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

14. The ld. AR also pointed out that the Hon’ble Supreme Court distinguished the statutory scheme wherein Section 28 of the LA Act relates to compensation determination, while Section 34 of the LAAct falls within the realm of payment mechanism. Therefore, interest awarded u/s 28 is intrinsically linked with the judicial determination of compensation, and is inseparable from

SH. AVTAR SINGH,CHANDIGARH vs. ITO, W-2(5), CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

ii)(a) of the Income Tax Act and ITA 389/CHD/2023 A.Y.2017-18 4 that the Notification No. 9447 of dated 06.01.1994 was not applicable in view of the amended provisions of Section 2(14) of the Act, as applicable w.e.f. 01.04.2014. The AO had show caused the assessee in this regard. The assessee stated in response that the land was situated

AARTI SINGAL,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

In the result, assessee’s appeals are allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

Section 69C of the Act, on account of alleged unaccounted commission paid by the assessee at the rate of 6.5% for the purpose of earning Long Term Capital Gains. 9.1 We find from the record that the entire addition has been made by the Assessing Officer on the basis of the same arguments, information, evidence including findings of search

AARTI SINGAL,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

In the result, assessee’s appeals are allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

Section 69C of the Act, on account of alleged unaccounted commission paid by the assessee at the rate of 6.5% for the purpose of earning Long Term Capital Gains. 9.1 We find from the record that the entire addition has been made by the Assessing Officer on the basis of the same arguments, information, evidence including findings of search