INTERNATIONAL HOSPITAL LIMITED vs. DCIT CIRCLE 12 (2)

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

CAPITAL INDIA LTD.) .....Petitioner Through: Mr. Rohit Jain, Mr. Aniket D. Digitally Signed By:KAMLESH KUMAR Signing Date:26.09.2024 19:44:08 Signature Not Verified ITA 116/2023 & other connected matters Page 5 of 52 Agrawal Ms. Manisha Sharma and Ms. Somya Jain, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX & ANR. .....Respondents Through: Mr. Sunil Kumar Agarwal, SSC along with

AMITABH BANSAL,DELHI vs. ITO, WARD- 46(4), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2015-16 Amitabh Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Actpb6786D) (Appellant) (Respondent) Ay: 2015-16 Anjul Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Allpb6364J) (Appellant) (Respondent) Ay: 2015-16 Daya Bansal, Vs. Ito, Ward 48(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aalpb6363R) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

ANJUL BANSAL,DELHI vs. ITO, WARD- 46(4), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2015-16 Amitabh Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Actpb6786D) (Appellant) (Respondent) Ay: 2015-16 Anjul Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Allpb6364J) (Appellant) (Respondent) Ay: 2015-16 Daya Bansal, Vs. Ito, Ward 48(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aalpb6363R) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

DAYA BANSAL,DELHI vs. ACIT, CIRCLE- 48(1), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2015-16 Amitabh Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Actpb6786D) (Appellant) (Respondent) Ay: 2015-16 Anjul Bansal, Vs. Ito, Ward 46(4), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Allpb6364J) (Appellant) (Respondent) Ay: 2015-16 Daya Bansal, Vs. Ito, Ward 48(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aalpb6363R) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

NASEEM SAAD,NEW DELHI vs. ITO, WARD-46(5), NEW DELHI

In the result, all the 04 appeals of all the above assessee are partly

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

NAZIA ZAFAR,DELHI vs. ITO, WARD- 46(3), NEW DELHI

In the result, all the 04 appeals of all the above assessee are partly

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

NASEEM ZAFAR,NEW DELHI vs. ITO, WARD-46(3), NEW DELHI

In the result, all the 04 appeals of all the above assessee are partly

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

SURENDER KUMAR,NEW DELHI vs. ITO, WARD-39(2), NEW DELHI

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

Bench: Shri H.S. Sidhuay: 2014-15 Surender Kumar, Vs. Ito, Ward 39(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2941L (Appellant) (Respondent)

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 5 | P a g e 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that

AMIT GARG ,DELHI vs. ITO, WARD- 10(2), NEW DELHI

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

Bench: Shri H.S. Sidhuay: 2014-15 Amit Garg, Vs. Ito, Ward 10(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aahpg2528C) (Appellant) (Respondent)

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 4 | P a g e 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that

REKHA MAHESHWARI,NEW DELHI vs. ITO, WARD- 55(1), NEW DELHI

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

Bench: Shri H.S. Sidhuay: 2015-16 Ms. Rekha Maheswari, Vs. Ito, Ward 55(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2941L (Appellant) (Respondent)

capital company as referred to in clause (23FB) of section 10.” 4 | P a g e 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that

DCIT, CC-8, NEW DELHI vs. BJN HOLDINGS LTD. (DISSOLVED COMPANY THROUGH ITS SUCCESSOR BJN HOLDING (I) LTD.), DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

capital of other company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition. See: Halsbury's Laws of England (4th edition volume 7 para 1539). Two companies may join to form a new company, but there may be absorption or blending

DCIT, CC-8, NEW DELHI vs. BJN HOLDINGS LTD. (DISSOLVED COMPANY THROUGH ITS SUCCESSOR BJN HOLDING (I) LTD.), DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

capital of other company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition. See: Halsbury's Laws of England (4th edition volume 7 para 1539). Two companies may join to form a new company, but there may be absorption or blending

DCIT, CC-8, NEW DELHI vs. BJN HOLDINGS LTD. (DISSOLVED COMPANY THROUGH ITS SUCCESSOR BJN HOLDING (I) LTD.), DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

capital of other company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition. See: Halsbury's Laws of England (4th edition volume 7 para 1539). Two companies may join to form a new company, but there may be absorption or blending

DCIT, CC-8, NEW DELHI vs. BJN HOLDINGS LTD. (DISSOLVED COMPANY THROUGH ITS SUCCESSOR BJN HOLDING (I) LTD.), DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

capital of other company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition. See: Halsbury's Laws of England (4th edition volume 7 para 1539). Two companies may join to form a new company, but there may be absorption or blending

DCIT, CC-8, NEW DELHI vs. BJN HOLDINGS LTD. (DISSOLVED COMPANY THROUGH ITS SUCCESSOR BJN HOLDING (I) LTD.), DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

capital of other company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition. See: Halsbury's Laws of England (4th edition volume 7 para 1539). Two companies may join to form a new company, but there may be absorption or blending

RIMA MAHESHWARI,NEW DELHI vs. ITO, WARD- 61(2), NEW DELHI

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2015-16 Vinesh Maheswari, Vs. Ito, Ward 61(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2940M) (Appellant) (Respondent) & Ay: 2015-16 Rima Maheswari, Vs. Ito, Ward 61(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm6735L) (Appellant) (Respondent)

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

VINESH MAHESHWARI,NEW DELHI vs. ITO, WARD- 61(3), NEW DELHI

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2015-16 Vinesh Maheswari, Vs. Ito, Ward 61(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm2940M) (Appellant) (Respondent) & Ay: 2015-16 Rima Maheswari, Vs. Ito, Ward 61(2), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Afxpm6735L) (Appellant) (Respondent)

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

NISHANK GUPTA,NEW DELHI vs. ITO, WARD- 32(5), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2014-15 Aashna Capital Services (P) Vs. Ito, Ward 1(2), Ltd., New Delhi C/O Kapil Goel, Advocate, F-26/124, Sector-7, Rohini, Delhi (Pan: Aahca2030J) (Appellant) (Respondent) Ay: 2015-16 Nishank Gupta, Vs. Ito, Ward 32(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg2238E) (Appellant) (Respondent) Ay: 2015-16 Prity Gupta, Vs. Ito, Ward 32(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Ahepg6510C) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found

PRITY GUPTA,DELHI vs. ITO, WARD- 32(5), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2014-15 Aashna Capital Services (P) Vs. Ito, Ward 1(2), Ltd., New Delhi C/O Kapil Goel, Advocate, F-26/124, Sector-7, Rohini, Delhi (Pan: Aahca2030J) (Appellant) (Respondent) Ay: 2015-16 Nishank Gupta, Vs. Ito, Ward 32(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg2238E) (Appellant) (Respondent) Ay: 2015-16 Prity Gupta, Vs. Ito, Ward 32(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Ahepg6510C) (Appellant) (Respondent) Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. S.L. Anuragi, Sr. Dr.

capital company as referred to in clause (23FB) of section 10.” 6.1 If objectively and dispassionately section 68 of the Act is dissected following would be key ingredients of the same: 6.1.1 Firstly is requires that “Where any sum is found credited in the books of an assessee maintained for any previous year” that is there is a “sum” found