INCOME TAX OFFICER, PARWANOO vs. DEEPAK KUMAR, NAHAN

In the result, the appeal of the Revenue is dismissed

Bench: SHRI. VIKRAM SINGH YADAV, AM & & &, SHRI. PARESH M. JOSHI (Judicial Member)

133A on 22/09/2017. During the course of survey, the assessee declared additional income of Rs. 2,61,69,869/- on account of discrepancy in stock inventory for the F.Y. 2016-17 relevant to impugned A.Y. 2017-18. Thereafter, assessee filed its return of income on 03/11/2017 declaring total income of Rs. 2,76,14,540/- including the surrendered income

ANUPAM,BARNALA vs. INCOME TAX OFFICER, BARNALA

In the result, Assessee’s appeal is allowed

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

133A of the Act on 26/09/2016. During the survey, the assessee surrendered a total amount of Rs. 95,00,000/- under the heads of unexplained advances and loans of Rs. 61,00,000/-, unexplained cash in hand of Rs. 9,00,000/-, and unexplained investment in hospital renovation of Rs. 25,00,000/-. The Ld. Assessing Officer accepted the returned

SANJEEV KUMAR GOYAL,FATEHABAD vs. DCIT, CC-2, LUDHIANA

In the result, the appeal of the assesse is allowed

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By The Order Of The Ld. Cit(A) Dt. 20/01/2023 In Appeal No. 10853/2018-19/It/Cit(A)-5/Ldh/2021-22 For The A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 20/01/2023 Which Is Hereinafter Referred To As The Impugned Order.

5. The point for determination in this appeal is, whether Rs.5,00,000/- which was surrendered by the assessee during the course of survey under Section 133A of the Act would form part of business income or was assessable under Section 69A of the Act. The Assessing Officer, the CIT(A) and the Tribunal after considering the factual

RAJIV KUMAR GOYAL,DHURI vs. DCIT, CC-2, LUDHIANA

In the result, the appeal of the assessee is allowed

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By Order Of The Ld. Cit(A) Dated 03/02/2023 In Appeal No. 10850/2018-19/It/Cit(A)-5/Ldh/2021-22 For A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 03/02/2023 Which Is Hereiafter Referred To As The Impugned Order. Factual Matrix 3. The Assessee Had For The Relevant Year I.E; A.Y. 2019-20 Was Also Engaged In The Same Business I.E; Manufacturing Of Pvc Pipes & Had Filed

68, section 69, section 69A, section 69B, section 69C or section 69D, if such income is not covered under clause (a), the income-tax payable shall be the aggregate of- (i) the amount of income-tax calculated on the income referred to in clause (a) and clause (b), at the rate of sixty per cent

SH. KRISHAN KUMAR,KHANNA vs. DCIT, CC-1, LUDHIANA

In the result, the appeal of the Assessee is allowed

Bench: Shri A.D. Jain & Shri Vikram Singh Yadav

5. “Firstly, how the ld PCIT has arrived at a conclusive finding that the discrepancies found, confronted and accepted by the Assessee during the course of survey attract the deeming provisions of section 68, 69, 69A, 69B & 69C is not apparent from the impugned order. Merely stating that excess cash is clearly covered u/s 68 or 69A, excess stock

M/S JASHAN FINLEASE LTD.,KHANNA vs. DCIT, CC-1, LUDHIANA

In the result, the appeal of the assessee is allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

5. “Firstly, how the ld PCIT has arrived at a conclusive finding that the discrepancies found, confronted and accepted by the assessee during the course of survey attract the deeming provisions of section 68, 69, 69A, 69B & 69C is not apparent from the impugned order. Merely stating that excess cash is clearly covered u/s 68 or 69A, excess stock

TARLOCHAN SINGH ,BHAWANIGARH vs. DCIT, CENTRAL CIRCLE, PATIALA

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

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

68 whereas the Assessing Officer assessed these income under section 69 which concludes that these both officers are not definite about applicability of specific provision of law. 5. That the surrendered amount has wrongly assessed as "deemed income" whereas appellant has shown these income as "business income" in books & in return of income as the appellant has no other

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

In the result, all the above appeals are allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 939/Chd/2025 निर्धारण वर्ष / Assessment Year : 2016-17 Shri Aniket Singal बनाम The DCIT Central Circle-1 Chandigarh 4, Amritashergil Marg, New Delhi- 110003 स्थायी लेखा सं./ PAN NO: CZCPS6126E अपीलार्थी/Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / ITA No. 1145/Chd/2025 निर्धारण वर्ष / Assessment Year : 2017-18 Smt. Aarti Singal बनाम The DCIT Central Circle-1 Chandigarh 53, Jor Bagh, New Delhi-110003 स

5 4.9 During the course of the assessment proceedings, the Assessing Officer, vide notice issued under section 142(1) dated 16.11.2019 (pages 164 to 172 of the Paper Book), asked the assessee to furnish details of the exempt long- term capital gains and, inter alia, to provide reasons and justification for the purchase along with documentary evidence, as well

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

In the result, all the above appeals are allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 939/Chd/2025 निर्धारण वर्ष / Assessment Year : 2016-17 Shri Aniket Singal बनाम The DCIT 4, Amritashergil Marg, New Delhi- 110003 Central Circle-1 Chandigarh स्थायी लेखा सं./ PAN NO: CZCPS6126E अपीलार्थी/Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / ITA No. 1145/Chd/2025 निर्धारण वर्ष / Assessment Year : 2017-18 Smt. Aarti Singal बनाम The DCIT 53, Jor Bagh, New Delhi-110003 Central Circle-1 Chandigarh स

5 4.9 During the course of the assessment proceedings, the Assessing Officer, vide notice issued under section 142(1) dated 16.11.2019 (pages 164 to 172 of the Paper Book), asked the assessee to furnish details of the exempt long- term capital gains and, inter alia, to provide reasons and justification for the purchase along with documentary evidence, as well

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, FARIDKOT

In the result, both the appeals and the Cross Objections are dismissed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Years: 2017-18, 2016-17 The Dcit, Vs Malbros International Pvt. Ltd., Central Circle-2, Village – Mansoorwal, Teh-Zira, Ludhiana. Head Offices Old Cantt. Road, Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent & C.O. Nos. 46 & 45/Chd/2024 In आयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18, 2016-17 Malbros International Pvt. Ltd., The Dcit, Village – Mansoorwal, Teh-Zira, Vs Central Circle-2, Head Offices Old Cantt. Road, Ludhiana. Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 14.05.2025 Date Of Pronouncement : 25.06.2025

133A of the Act in the case of Shri Ashok Kumar Gupta and Shri Sandeep Gupta was conducted at their business premises on 30.11.2018. During the course of survey proceedings, statement of Shri Ashok Kumar Gupta was recorded ‘on oath’ u/s 131(1)(A) of the Act. According to the Revenue, Shri Ashok Kumar Gupta has disclosed in his statement

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, FARIDKOT

In the result, both the appeals and the Cross Objections\nare dismissed

133A of the Act in the case of\nShri Ashok Kumar Gupta and Shri Sandeep Gupta was\nconducted at their business premises on 30.11.2018. During\nthe course of survey proceedings, statement of Shri Ashok\nKumar Gupta was recorded ‘on oath' u/s 131(1)(A) of the Act.\nAccording to the Revenue, Shri Ashok Kumar Gupta has\ndisclosed in his statement

SHRI HARISH SHARMA,LUDHIANA vs. ITO , LUDHIANA

In the result, the appeal of the assessee is allowed

133A was carried out on 14.09.2016 at the business premises of the assessee and M/s Ambika Medicos. During the course of survey proceedings, a notebook pertaining to M/s Sharma Overseas Services was found, in which entries were recorded regarding cash collection of Rs.10 lacs during the period from April, 2016 to August 2016. The assessee contended that

RAV SHARAN SINGH,PATIALA vs. ACIT, C.C., PATIALA

In the result, appeal of the assessee is allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

5. “Firstly, how the ld PCIT has arrived at a conclusive finding that the discrepancies found, confronted and accepted by the assessee during the course of survey attract the deeming provisions of section 68, 69, 69A, 69B & 69C is not apparent from the impugned order. Merely stating that excess cash is clearly covered u/s 68 or 69A, excess stock

SWARN GANGA JEWELLERS,CHANDIGARH vs. DCIT, CIRCLE 4(1) NOW DCIT, CIRCLE 1(1), CHANDIGARH

In the result, the appeal of the assessee stands allowed

Bench: This Tribunal Being Aggrieved By An Order No. Itba/Nfac/S/250/2022-23/1045180258(1) For A.Y. 2017-18 Dt. 05/09/2022 Which Is Hereinafter Referred To As The “Impugned Order”. The Impugned Order Is Passed By Cit(A) In Terms Of Section 250 Of The Income Tax Act, 1961. Factual Matrix 2. That Survey U/S 133A Of The Income Tax Act, 1961 Was Conducted On The Business Premises Of The Assessee On 06/09/2016. The Assessee Surrendered A Sum Of Rs. 50,00,000/- During The Survey & Paid Tax Thereon. The Return Of Income Was Filed On 01/11/2017 Declaring A Total Income Of Rs. 89,48,260/-. Thereafter The Case Of The Assessee Was Selected For Scrutiny Under Compulsory Scrutiny Guidelines & Notice Under Section 143(2) Of The Act Was Issued On 11/09/2018. The Assessment Was Finalised Vide Order Dt. 23/12/2019 Whereby Addition Of Rs. 95,70,882/- Was Made U/S 68 R.W..S 115Bbe Of The Act.

133A of the Income Tax Act, 1961 was conducted on the business premises of the Assessee on 06/09/2016. The assessee surrendered a sum of Rs. 50,00,000/- during the survey and paid tax thereon. The return of income was filed on 01/11/2017 declaring a total income of Rs. 89,48,260/-. Thereafter the case of the assessee was selected

SH. LACHHMAN DASS BANSAL,BARNALA vs. DCIT, CENTRAL CIRCLE, PATIALA

The appeal of the assessee is partly allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

5 crores was surrendered during survey, which was not retracted, but it was only during assessment proceedings, it was stated that the surrender was made incorrectly on mistaken belief and it was stated that the mistaken belief had led to "Extraction of Surrender" as per para-8 of the judgment. In that judgment, various mistakes were pointed

SH. ABHISHEK BANSAL,BARNALA vs. PR. CIT, PATIALA

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

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 131/Chd/2023 "नधा"रण वष" / Assessment Year : 2017-18 Abhishek Bansal, Vs. Pr. Commissioner बनाम Prop. M/S Lifeline Multi Income Tax, Specialilty Hospitality, 25 Acre Patiala Extn., Near Fountain Chowk, Barnala, Punjab "थायी लेखा सं./Pan No: Acgpb5740E अपीलाथ" ./ Appellant ""यथ" / Respondent ( Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 09.05.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 13.06.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.:

5. Surrender in Professional Fee 17,50,000 TOTAL SURRENDER DURING 1,50,00,.000 SURVEY 9. This is a case of an assessee who is an individual engaged in medical profession. The assessee owns a hospital named Life Line Multispecialty Hospital. The assessee is engaged in their profession since past many years. During the year under consideration as well

SARU ENTERPRISES PRIVATE LIMITED,PATIALA vs. ACIT/DCIT, CEN. CIR., PATIALA

In the result, the appeal of the assessee is allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

5,00,000/- in the P&L Account as the assessee has not been able to prove any source for the said credit and the same has to be treated as unexplained credit under section 68 of the Act. Therefore the contention of the assessee that the provision of Section 69A cannot be invoked were accepted

SH. SURENDER KUMAR,KAITHAL vs. PR. C.I.T., ROHTAK

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

133A of the I.T.Act, 1961 was carried out at the premises of the assessee. Needless to mention here that the assessee would never have disclosed this income voluntarily if the survey operation had not been conducted at his premises, this surrender income of Rs. 93,00,000/- are income of the assessee as income referred in section 69, section

SH. SUNIL KUMAR,SIRSA vs. PR. C.I.T., ROHTAK

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

133A of the I.T.Act, 1961 was carried out at the premises of the assessee. Needless to mention here that the assessee would never have disclosed this income voluntarily if the survey operation had not been conducted at his premises, this surrender income of Rs. 93,00,000/- are income of the assessee as income referred in section 69, section