DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

Section 132(4) may have evidentiary value; 6 ITA-5515/Del/2025 & 13 others  However, once retracted, it cannot be relied upon in isolation;  The Assessing Officer must examine the explanation with reference to books of account;  Addition based solely on a retracted statement without corroboration is not tenable. The Court specifically observed that even where retraction is delayed

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT CENTRAL CIRCLE -05 , DELHI

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

Section 132(4) may have evidentiary value; 6 ITA-5515/Del/2025 & 13 others  However, once retracted, it cannot be relied upon in isolation;  The Assessing Officer must examine the explanation with reference to books of account;  Addition based solely on a retracted statement without corroboration is not tenable. The Court specifically observed that even where retraction is delayed

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT, CENTRAL CIRCLE-05, DELHI

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 145 Resulting Principle Retraction shifts burden to Revenue Revenue failed to discharge burden The factual position here stands on stronger footing. SUMMARY 1. Retraction supported by documentary evidence; 2. Books of account not rejected; 3. Complete GST and stock trail established; 4. Payments through banking channels; 5. No corresponding cash withdrawals; 6. TDS

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 145 Resulting Principle Retraction shifts burden to Revenue Revenue failed to discharge burden The factual position here stands on stronger footing. SUMMARY 1. Retraction supported by documentary evidence; 2. Books of account not rejected; 3. Complete GST and stock trail established; 4. Payments through banking channels; 5. No corresponding cash withdrawals; 6. TDS

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 145 Resulting Principle Retraction shifts burden to Revenue Revenue failed to discharge burden The factual position here stands on stronger footing. SUMMARY 1. Retraction supported by documentary evidence; 2. Books of account not rejected; 3. Complete GST and stock trail established; 4. Payments through banking channels; 5. No corresponding cash withdrawals; 6. TDS

VESTIGE MARKETING PVT. LTD.,DELHI vs. DCIT, CENTRAL CIRCLE- 05, DELHI

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 145 Resulting Principle Retraction shifts burden to Revenue Revenue failed to discharge burden The factual position here stands on stronger footing. SUMMARY 1. Retraction supported by documentary evidence; 2. Books of account not rejected; 3. Complete GST and stock trail established; 4. Payments through banking channels; 5. No corresponding cash withdrawals; 6. TDS

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT, CENTRAL CIRCLE-05, DELHI

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 145 Resulting Principle to Revenue Retraction shifts burden Revenue failed to discharge burden The factual position here stands on stronger footing. SUMMARY 1. Retraction supported by documentary evidence; 2. Books of account not rejected; 3. Complete GST and stock trail established; 4. Payments through banking channels; 5. No corresponding cash withdrawals; 6. TDS

HINDUSTAN COCA COLA BEVERAGES vs. JT.COMMISSIONER OF INCOME TAX

The appeal is allowed in the above terms, but in the circumstances, with

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

TDS ought to have been deducted @ 20% under Section 194-I of the Act. A demand was accordingly raised on the Appellant for the alleged short deduction together with interest thereon. ITA 194/2004 Page 4

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT CIRCLE-61(1),, NEW DELHI

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

Bench: Shri M Balaganesh & Ms. Astha Chandraasstt. Year: 2017-18

Section 80IA(4) of the Act was not fulfilled by the assessee is not correct. 22. The second contention of the AO is that the assessee has entered into EPC agreement with Mokama-Munger Highway Ltd. which in turn had obtained a contract from NHAI and, therefore, the assessee is only an EPC contractor for carrying out work awarded

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT, CIRCLE-61(1), NEW DELHI

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

Bench: SHRI G.S. PANNU (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)

section 143(3)/92CA/144C of the Income Tax Act, 1961 (the “Act”) pertaining to Assessment year (“AY”) 2018-19, wherein the following Grounds of Appeal have been raised:- “1. That on the facts and in law Ld. Deputy Commissioner of Income-tax, Circle-61(1), New Delhi (hereinafter referred to as the "AO") has erred in assessing the total income

M/S. BAIN & COMPANY INDIA PVT. LTD.,GURGAON vs. ITO (TDS) (INTERNATIONAL TAXATION), NEW DELHI

4 of section 9(1)(vi) of the Income Tax Act, the persons liable to deduct TDS under section 195 of the Income

S D SENIOR SECONDARY SCHOOL,AMBALA CANTT vs. ITO, TDS, KARNAL

In the result, all appeals of different assesses are allowed

Bench: Ms. Sushma Chowla, Vp & Dr. B.R.R. Kumar, Am

TDS statements filed for the period prior to 01.06.2015, late fees charged under section 234E of the Act could not be levied in the intimation issued under section 200A of the Act. The second aspect of the issue raised is against the order of the CIT(A) in holding that where the intimation has been issued by the Assessing Officer

INSTA EXHIBITIONS P.LTD,GURGAON vs. ACIT(TDS), GHAZIABAD

In the result, all appeals of different assesses are allowed

Bench: Ms. Sushma Chowla, Vp & Dr. B.R.R. Kumar, Am

TDS statements filed for the period prior to 01.06.2015, late fees charged under section 234E of the Act could not be levied in the intimation issued under section 200A of the Act. The second aspect of the issue raised is against the order of the CIT(A) in holding that where the intimation has been issued by the Assessing Officer

S D SENIOR SECONDARY SCHOOL,AMBALA CANTT vs. ITO, TDS, KARNAL

In the result, all appeals of different assesses are allowed

Bench: Ms. Sushma Chowla, Vp & Dr. B.R.R. Kumar, Am

TDS statements filed for the period prior to 01.06.2015, late fees charged under section 234E of the Act could not be levied in the intimation issued under section 200A of the Act. The second aspect of the issue raised is against the order of the CIT(A) in holding that where the intimation has been issued by the Assessing Officer

S D SENIOR SECONDARY SCHOOL,AMBALA CANTT vs. ITO, TDS, KARNAL

In the result, all appeals of different assesses are allowed

Bench: Ms. Sushma Chowla, Vp & Dr. B.R.R. Kumar, Am

TDS statements filed for the period prior to 01.06.2015, late fees charged under section 234E of the Act could not be levied in the intimation issued under section 200A of the Act. The second aspect of the issue raised is against the order of the CIT(A) in holding that where the intimation has been issued by the Assessing Officer

SANATAN DHARAM EDUCATIONAL SOCIETY,AMBALA CANTT vs. ITO, TDS, KARNAL

In the result, all appeals of different assesses are allowed

Bench: Ms. Sushma Chowla, Vp & Dr. B.R.R. Kumar, Am

TDS statements filed for the period prior to 01.06.2015, late fees charged under section 234E of the Act could not be levied in the intimation issued under section 200A of the Act. The second aspect of the issue raised is against the order of the CIT(A) in holding that where the intimation has been issued by the Assessing Officer

INSTA EXHIBITIONS PVT. LTD.,GURGAON vs. ACIT, TDS, GHAZIABAD

In the result, all appeals of different assesses are allowed

Bench: Ms. Sushma Chowla, Vp & Dr. B.R.R. Kumar, Am

TDS statements filed for the period prior to 01.06.2015, late fees charged under section 234E of the Act could not be levied in the intimation issued under section 200A of the Act. The second aspect of the issue raised is against the order of the CIT(A) in holding that where the intimation has been issued by the Assessing Officer

INSTA EXHIBITIONS P.LTD,GURGAON vs. ACIT(TDS), GHAZIABAD

In the result, all appeals of different assesses are allowed

Bench: Ms. Sushma Chowla, Vp & Dr. B.R.R. Kumar, Am

TDS statements filed for the period prior to 01.06.2015, late fees charged under section 234E of the Act could not be levied in the intimation issued under section 200A of the Act. The second aspect of the issue raised is against the order of the CIT(A) in holding that where the intimation has been issued by the Assessing Officer