MUKUL RANI THAKUR,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-31, DELHI, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Pradip Kumar Kedia & Shri Pradip Kumar Kedia & Shri Vimal Kumarshri Vimal Kumar

153C(1) of IT Act and the assessment was not an abated assessment. 3. The Ld.CIT(A) has erred in confirming the addition of Rs.97,37,300/ The Ld.CIT(A) has erred in confirming the addition of Rs.97,37,300/- The Ld.CIT(A) has erred in confirming the addition of Rs.97,37,300/ under the head long term capital gain

ACIT, NEW DELHI vs. SMT URMILA CHANDULAL PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

capital gain on sale of shares received in cash to the total returned income of the assessee of Rs. 29457200/– and determining the total income of the assessee of INR 5 8687865/–. Such order was passed under section 153C

ACIT, NEW DELHI vs. ROHAN PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

capital gain on sale of shares received in cash to the total returned income of the assessee of Rs. 29457200/– and determining the total income of the assessee of INR 5 8687865/–. Such order was passed under section 153C

ACIT, NEW DELHI vs. PRADUMAN PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

capital gain on sale of shares received in cash to the total returned income of the assessee of Rs. 29457200/– and determining the total income of the assessee of INR 5 8687865/–. Such order was passed under section 153C

ACIT, NEW DELHI vs. HIMANSHU PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

capital gain on sale of shares received in cash to the total returned income of the assessee of Rs. 29457200/– and determining the total income of the assessee of INR 5 8687865/–. Such order was passed under section 153C

ACIT, NEW DELHI vs. KRISH PATEL, NEW DELHI

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

capital gain on sale of shares received in cash to the total returned income of the assessee of Rs. 29457200/– and determining the total income of the assessee of INR 5 8687865/–. Such order was passed under section 153C

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

Section 132 of the Income-tax Act, 1961 - Search and seizure - Assessment year 1994-95 - During course of search operation, assessee first stated that he had no undisclosed income and thereafter he surrendered a sum of Rs. 7 lakhs as his undisclosed income - Out of said amount Rs. 4 lakhs was stated to have been invested as stock

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

Section 132 of the Income-tax Act, 1961 - Search and seizure - Assessment year 1994-95 - During course of search operation, assessee first stated that he had no undisclosed income and thereafter he surrendered a sum of Rs. 7 lakhs as his undisclosed income - Out of said amount Rs. 4 lakhs was stated to have been invested as stock

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

Section 132 of the Income-tax Act, 1961 - Search and seizure - Assessment year 1994-95 - During course of search operation, assessee first stated that he had no undisclosed income and thereafter he surrendered a sum of Rs. 7 lakhs as his undisclosed income - Out of said amount Rs. 4 lakhs was stated to have been invested as stock

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

Section 132 of the Income-tax Act, 1961 - Search and seizure - Assessment year 1994-95 - During course of search operation, assessee first stated that he had no undisclosed income and thereafter he surrendered a sum of Rs. 7 lakhs as his undisclosed income - Out of said amount Rs. 4 lakhs was stated to have been invested as stock

ACIT, NEW DELHI vs. M/S. SURBHI SEN JINDAL, NOIDA

In the result, cross objection of the Assessee is allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

section 153C of the Income-tax Act, 1961,and reworked the capital gains. The Commissioner (Appeals) and the Tribunal held

VINOD KUMAR,NEW DELHI vs. DCIT, GURGAON

In the result, appeal of Assessee allowed

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya

capital gains and also made addition of 3 ITA.No.2526/Del./2017 Shri Vinod Kumar, New Delhi. Rs.12,45,000/- under section 68 of the I.T. Act on account of agricultural income. The A.O. passed the assessment order under section 143(3) Dated 22.01.2016. The assessee challenged both the additions before the Ld. CIT(A). The Ld. CIT(A) partly allowed

KUMAR AGARWAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19 , NEW DELHI

capital gain earned/claimed as exempt u/s 10(38) of the Act aggregating to Rs. 19.02 crores in Assessment Year 2014-15 and 2015-16 in respect of two scrips M/s Kappac Pharma Ltd. and M/s Swift IT Infrastructures & Services Ltd, which were different from the scrip in the instant year, namely M/s KGN Industries Ltd. The Ld. AR also submitted

RAJ GOPAL AGARWAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

capital gain earned/claimed as exempt u/s 10(38) of the Act aggregating to Rs. 19.02 crores in Assessment Year 2014-15 and 2015-16 in respect of two scrips M/s Kappac Pharma Ltd. and M/s Swift IT Infrastructures & Services Ltd, which were different from the scrip in the instant year, namely M/s KGN Industries Ltd. The Ld. AR also submitted

GOPAL AGARWAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

capital gain earned/claimed as exempt u/s 10(38) of the Act aggregating to Rs. 19.02 crores in Assessment Year 2014-15 and 2015-16 in respect of two scrips M/s Kappac Pharma Ltd. and M/s Swift IT Infrastructures & Services Ltd, which were different from the scrip in the instant year, namely M/s KGN Industries Ltd. The Ld. AR also submitted

MAMTA AGARWAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE-19, NEW DELHI

capital gain earned/claimed as exempt u/s 10(38) of the Act aggregating to Rs. 19.02 crores in Assessment Year 2014-15 and 2015-16 in respect of two scrips M/s Kappac Pharma Ltd. and M/s Swift IT Infrastructures & Services Ltd, which were different from the scrip in the instant year, namely M/s KGN Industries Ltd. The Ld. AR also submitted

SUMAN AGARWAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

capital gain earned/claimed as exempt u/s 10(38) of the Act aggregating to Rs. 19.02 crores in Assessment Year 2014-15 and 2015-16 in respect of two scrips M/s Kappac Pharma Ltd. and M/s Swift IT Infrastructures & Services Ltd, which were different from the scrip in the instant year, namely M/s KGN Industries Ltd. The Ld. AR also submitted

SAJAN KUMAR JAIN,DELHI vs. DCIT,CENTRAL CIRCLE-25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

section 153C and there also in cases of those companies in satisfaction note recorded u/s 153C, no reference is made to subject allegations extracted from search proceedings on Pradeep Kumar Jindal which shows present action in assessee’s case is discriminatory and suffers from non application of mind. 2. That order passed by Ld. AO dated 29/12/2017 and further order