DAMANDEEP KAUR,MOHALI vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE-2), CHANDIGARH, CHANDIGARH

In the result, all appeals of the assessee are allowed

seizure operation under section 132(1) of the Income tax Act,\n1961 was carried out on 03.10.2019 in the cases of various persons of Chandigarh\nGroup of Colleges (CGC group) and its business associates/ business partners.\nConsequent upon warrant of search issued u/s 132(1) of the Act, a search and\nseizure operation under section 132(1) of the Income

MAXPORT INDIA PRIVATE LIMITED,CHANDIGARH vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,CHANDIGARH, CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

M/S LUXMI BUILDERS,CHANDIGARH vs. DCIT, CHANDIGARH

In the result, the respective appeals and stay applications are disposed off in light of aforesaid directions

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

seizure operations were also conducted at the residence of Shri Ramesh Garg at House No. 834, Sector-21, Panchkula, who is one of the partners in the assessee’s firm. During the course of search, documents as per Annexure A-1 to A-3 were found and seized from the premises of the assessee. 8.1 Thereafter, notice under section 153A

M/S GANESH BUILDERS,PANCHKULA vs. DCIT, CC-1, CHANDIGARH

In the result, the respective appeals and stay applications are disposed off in light of aforesaid directions

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

seizure operations were also conducted at the residence of Shri Ramesh Garg at House No. 834, Sector-21, Panchkula, who is one of the partners in the assessee’s firm. During the course of search, documents as per Annexure A-1 to A-3 were found and seized from the premises of the assessee. 8.1 Thereafter, notice under section 153A

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

DAMANDEEP KAUR,MOHALI vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE-2), CHANDIGARH, CHANDIGARH

In the result, all appeals of the assessee are allowed

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

search and seizure action u/s 132(1) was carried out on 03.10.2019 in the Chandigarh Group of Colleges group. The assessee, an individual and trustee in Chandigarh Educational Trust and Shri Guru Ram Dass Educational Society, was covered. Pursuant thereto, notices u/s 153A were issued and assessments were framed making additions on account of alleged household expenditure, difference in salary

SHRI BALRAM KRISHAN,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

DCIT, CC 1, CHANDIGARH , CHANDIGARH vs. SANJEEV AGGARWAL , CHANDIGARH

The appeals of the revenue are treated as dismissed

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

SCOTT EDIL PHARMACIA LTD.,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

search action. He has further\nrelied upon various case laws to contend that the report of the DVO cannot be construed\nas an incriminating material found during the course of search action and further that\naddition cannot be made on account of unexplained investment in a property solely on\nthe basis of DVO report without any other corroborating evidence

SCOTT EDIL PHARMACIA LTD.,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

search\naction. It has been held time and again that the report obtained of the DVO after the\nsearch action, would not fall in the definition of incriminating material. The Ld. Counsel\nfor the assessee has relied upon various case laws to stress the point that even in the\nabsence of any corroborating evidence, the addition solely on the basis

SANJEEV AGGARWAL,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

SHRI BALRAM KRISHAN,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

price fluctuations. The reliance in\nthis respect can be placed on the following decisions:\n“(i) [Assistant Commissioner of Income Tax, Central Circle-1(3), Kolkata v. Narula\nEducational Trust [2021] 126 taxmann.com 158 (Kolkata - Trib.)\n(ii) Champaklal S. Kasat v. Deputy Commissioner of Income-tax, Cent. Cir. 1(3),\nAhmedabad [2017] 82 taxmann.com 243 (Ahmedabad - Trib

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, CHANDIGARH , CHANDIGARH vs. MS SCOTT EDIL ADVANCE RESEARCH LABORATOTRIES AND EDUCATION LTD., , CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

SCOTT EDIL PHARMACIA LTD.,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

search\naction. It has been held time and again that the report obtained of the DVO after the\nsearch action, would not fall in the definition of incriminating material. The Ld. Counsel\nfor the assessee has relied upon various case laws to stress the point that even in the\nabsence of any corroborating evidence, the addition solely on the basis

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

seizure, examine on oath any person who is found to be in\npossession or control of any books of account, documents, money, bullion, jewellery or\nother valuable article or thing and any such statement recorded of him may be used in\nevidence in any proceeding under the Act. Hence, as per the provisions of section 132(4),\nfor subjecting

SHRI BALRAM KRISHAN,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

price fluctuations. The reliance in\nthis respect can be placed on the following decisions:\n“(i) [Assistant Commissioner of Income Tax, Central Circle-1(3), Kolkata v. Narula\nEducational Trust [2021] 126 taxmann.com 158 (Kolkata - Trib.)\n(ii) Champaklal S. Kasat v. Deputy Commissioner of Income-tax, Cent. Cir. 1(3),\nAhmedabad [2017] 82 taxmann.com 243 (Ahmedabad - Trib