DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, Chandigarh Mohali "थायी लेखा सं./PAN NO: AEKPS5692A Appeal against the order of CIT(A)-3, Gurgaon dated 28.10.2016 "नधा"रती क" ओर से/Assessee by : Sh. Pankaj Bhalla, CAs राज"व क" ओर से/ Revenue by : Smt. Chanderkanta, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 15.02.2019 उदघोषणा क" तार"ख/Date of Pronouncement : 20.03.2019 आदेश/Order

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, Chandigarh Mohali "थायी लेखा सं./PAN NO: AEKPS5692A Appeal against the order of CIT(A)-3, Gurgaon dated 28.10.2016 "नधा"रती क" ओर से/Assessee by : Sh. Pankaj Bhalla, CAs राज"व क" ओर से/ Revenue by : Smt. Chanderkanta, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 15.02.2019 उदघोषणा क" तार"ख/Date of Pronouncement : 20.03.2019 आदेश/Order

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, Chandigarh Mohali "थायी लेखा सं./PAN NO: AEKPS5692A Appeal against the order of CIT(A)-3, Gurgaon dated 28.10.2016 "नधा"रती क" ओर से/Assessee by : Sh. Pankaj Bhalla, CAs राज"व क" ओर से/ Revenue by : Smt. Chanderkanta, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 15.02.2019 उदघोषणा क" तार"ख/Date of Pronouncement : 20.03.2019 आदेश/Order

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, Chandigarh Mohali "थायी लेखा सं./PAN NO: AEKPS5692A Appeal against the order of CIT(A)-3, Gurgaon dated 28.10.2016 "नधा"रती क" ओर से/Assessee by : Sh. Pankaj Bhalla, CAs राज"व क" ओर से/ Revenue by : Smt. Chanderkanta, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 15.02.2019 उदघोषणा क" तार"ख/Date of Pronouncement : 20.03.2019 आदेश/Order

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, Chandigarh Mohali "थायी लेखा सं./PAN NO: AEKPS5692A Appeal against the order of CIT(A)-3, Gurgaon dated 28.10.2016 "नधा"रती क" ओर से/Assessee by : Sh. Pankaj Bhalla, CAs राज"व क" ओर से/ Revenue by : Smt. Chanderkanta, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 15.02.2019 उदघोषणा क" तार"ख/Date of Pronouncement : 20.03.2019 आदेश/Order

OSWAL POLYCOT (INDIA) PVT. LTD.,LUDHIANA vs. DCIT, CC-I, LUDHIANA

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

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

1) above, even if it is presumed that the Assessment has been completed under Section 153C/143(3) of the Act, even then the same should be quashed on the ground that no Notice under Section 143(2) of the Act had ever been issued by the Learned Assessing Officer against the Return of Income filed by the Appellant

OSWAL POLYCOT (INDIA) PVT. LTD.,LUDHIANA vs. DCIT, CC-I, LUDHIANA

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

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

1) above, even if it is presumed that the Assessment has been completed under Section 153C/143(3) of the Act, even then the same should be quashed on the ground that no Notice under Section 143(2) of the Act had ever been issued by the Learned Assessing Officer against the Return of Income filed by the Appellant

DCIT, CC-I, LUDHIANA vs. OSWAL POLYCOT (INDIA) PVT. LTD., LUDHIANA

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

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

1) above, even if it is presumed that the Assessment has been completed under Section 153C/143(3) of the Act, even then the same should be quashed on the ground that no Notice under Section 143(2) of the Act had ever been issued by the Learned Assessing Officer against the Return of Income filed by the Appellant

OSWAL POLYCOT (INDIA) PVT. LTD.,LUDHIANA vs. DCIT, CC-I, LUDHIANA

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

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

1) above, even if it is presumed that the Assessment has been completed under Section 153C/143(3) of the Act, even then the same should be quashed on the ground that no Notice under Section 143(2) of the Act had ever been issued by the Learned Assessing Officer against the Return of Income filed by the Appellant

DCIT, CC-I, LUDHIANA vs. OSWAL POLYCOT (INDIA) PVT. LTD., LUDHIANA

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

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

1) above, even if it is presumed that the Assessment has been completed under Section 153C/143(3) of the Act, even then the same should be quashed on the ground that no Notice under Section 143(2) of the Act had ever been issued by the Learned Assessing Officer against the Return of Income filed by the Appellant

CHANDIGARH EDUCATIONAL SOCIETY,MOHALI vs. PR.CIT(CENTRAL)-GURGAON, AT CHANDIGARH

153C or after the completion of the assessment, whichever is earlier. 5.21 The Ld. Pr. CIT held that the assessee was precluded from challenging the jurisdiction of the A.O. which was transferred to him vide order dt. 14/05/2020 under section 127 of the Act and the only remedy available to the assessee was challenge such an order in independent

CHANDIGARH EDUCATIONAL TRUST,MOHALI vs. PR.CIT-CENTRAL,GURGAON, AT CHANDIGARH

153C or after the completion of the assessment, whichever is earlier. 5.21 The Ld. Pr. CIT held that the assessee was precluded from challenging the jurisdiction of the A.O. which was transferred to him vide order dt. 14/05/2020 under section 127 of the Act and the only remedy available to the assessee was challenge such an order in independent

SHRI GURU RAM DASS EDUCATIONAL SOCIETY,MOHALI vs. PR.CIT(CENTRAL) GURGAON, AT CHANDIGARH

153C or after the completion of the assessment, whichever is earlier. 5.21 The Ld. Pr. CIT held that the assessee was precluded from challenging the jurisdiction of the A.O. which was transferred to him vide order dt. 14/05/2020 under section 127 of the Act and the only remedy available to the assessee was challenge such an order in independent

M/S JAIN AMAR CLOTHING PVT. LTD.,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

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

68 of the Act. As against the returned income of Rs. 8,85,15,010/-, the assessed income was determined at Rs. 37,11,61,260/- by bringing to tax the whole of the share premium amounting to Rs. 28,26,46,250/-. 4. Being aggrieved, the assessee carried the matter in appeal before

SH. VIBHAV JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. SANJAY GARG (Judicial Member), SHRI. VIKRAM SINGH YADAV (Accountant Member)

68 arbitrarily. These are actual long term capital gains earned by the assessee. h) All the documents in the shape of share certificates issued by Maple Goods Pvt. Ltd. which are part of annexure A containing 1 to 182 pages have been doubted under the words Character of Certificates, inspite of the fact that the AO has not doubted

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

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

68 arbitrarily. These are actual long term capital gains earned by the assessee. h) All the documents in the shape of share certificates issued by Maple Goods Pvt. Ltd. which are part of annexure A containing 1 to 182 pages have been doubted under the words Character of Certificates, inspite of the fact that the AO has not doubted

SH. AKHIL JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

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

68 arbitrarily. These are actual long term capital gains earned by the assessee. h) All the documents in the shape of share certificates issued by Maple Goods Pvt. Ltd. which are part of annexure A containing 1 to 182 pages have been doubted under the words Character of Certificates, inspite of the fact that the AO has not doubted

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

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

68 arbitrarily. These are actual long term capital gains earned by the assessee. h) All the documents in the shape of share certificates issued by Maple Goods Pvt. Ltd. which are part of annexure A containing 1 to 182 pages have been doubted under the words Character of Certificates, inspite of the fact that the AO has not doubted