RAGHAV KUMAR,DELHI vs. ACIT CENTRAL CIRCLE 29, NEW DELHI

In the result, the appeal filed by the assessee being ITA

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

charitable trust, registered under section 12AA was running a multi speciality hospital - A search action was conducted in case of one TJR, who was a supplier of medical, surgical equipment and other accessories to hospital - On basis of certain documents seized during search, Assessing Officer concluded that assessee had siphoned off funds through said TJR allegedly resorting to huge inflation

RAGHAV KUMAR,NEW DELHI vs. ACIT CENTRAL CIRCLE-29, NEW DELHI

In the result, the appeal filed by the assessee being ITA

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

charitable trust, registered under section 12AA was running a multi speciality hospital - A search action was conducted in case of one TJR, who was a supplier of medical, surgical equipment and other accessories to hospital - On basis of certain documents seized during search, Assessing Officer concluded that assessee had siphoned off funds through said TJR allegedly resorting to huge inflation

DCIT CENTRAL CIRCLE-06, NEW DELHI vs. SANTOSH TRUST, NEW DELHI

unexplained money which was in turn\ndeleted by the First Appellate Authority. Hence, the instant appeal before\nus.\n4.\nThe assessee a charitable trust

DCIT, CENTRAL CIRCLE, NOIDA vs. PGP CHARITABLE TRUST, DELHI

In the result, both the appeals of the revenue are dismissed

Bench: Shri Amit Shukla & Shri M. Balaganesh

unexplained investment in the sum of Rs 15,29,583/- in the assessment. 6. The assessee challenged the validity of assumption of jurisdiction u/s 153C of the Act on various legal issues and also on the validity of additions made on merits before the ld. CIT(A). The ld. CIT(A) observed as under:- “5.4 For adjudicating the legal issue

DCIT, CENTRAL CIRCLE, NOIDA vs. PGP CHARITABLE TRUST, DELHI

In the result, both the appeals of the revenue are dismissed

Bench: Shri Amit Shukla & Shri M. Balaganesh

unexplained investment in the sum of Rs 15,29,583/- in the assessment. 6. The assessee challenged the validity of assumption of jurisdiction u/s 153C of the Act on various legal issues and also on the validity of additions made on merits before the ld. CIT(A). The ld. CIT(A) observed as under:- “5.4 For adjudicating the legal issue

SOCIETY FOR WELFARE AWARENESS RESEARCH AND GUIDANCE,DELHI vs. ITO (EXEMPTIONS), WARD 2(2), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri R. K. Panda[Assessment Year: 2011-12]

unexplained receipt under section 68 of the Act, the addition of the same cannot be made because the assessee itself has applied the entire receipts for the objects of the assessee-trust. In support of this proposition, our attention was invited to the judgment of the Hon'ble jurisdictional High Court in the case of CIT v. Uttaranchal Welfare Society

MAHAYANA THERAVADA VAJRAYANA BUDDHIST RELIGIOUS AND CHAITABLE TRUST,MEERUT vs. ACIT CENTRAL CIRCLE, MEERUT

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla

Charitable Trust (AY: 2024-25) Notice under Section 143(2) was issued on 28.06.2021. Questionnaire was issued under Section 142(1) on 07.10.2021 followed by the questionnaire dated 18.11.2021 and 17.12.2021 whereupon the assessee duly filed its reply. It is the case of the Revenue that upon detailed investigation carried out by Investigation Wing, Kolkata, it revealed that unaccounted money

MAHAYANA THERAVADA VAJRAYANA BUDDHIST RELIGIOUS AND CHARITABLE TRUST,MEERUT vs. ACIT, CENTRAL CIRCLE, MEERUT

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla

Charitable Trust (AY: 2024-25) Notice under Section 143(2) was issued on 28.06.2021. Questionnaire was issued under Section 142(1) on 07.10.2021 followed by the questionnaire dated 18.11.2021 and 17.12.2021 whereupon the assessee duly filed its reply. It is the case of the Revenue that upon detailed investigation carried out by Investigation Wing, Kolkata, it revealed that unaccounted money

MAHAYANA THERAVADA VAJRAYANA BUDDHIST RELIGIOUS AND CHARITABLE TRUST,MEERUT vs. ACIT CENTRAL CIRCLE, MEERUT

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla

Charitable Trust (AY: 2024-25) Notice under Section 143(2) was issued on 28.06.2021. Questionnaire was issued under Section 142(1) on 07.10.2021 followed by the questionnaire dated 18.11.2021 and 17.12.2021 whereupon the assessee duly filed its reply. It is the case of the Revenue that upon detailed investigation carried out by Investigation Wing, Kolkata, it revealed that unaccounted money

VIDHYA DEVI,NOIDA vs. DCIT, CENTRAL CIRCLE, NOIDA

In the result, the appeal of the assessee is allowed

Bench: Sh. Saktijit Dey & Sh. M. Balaganeshassessment Year: 2012-13 Vidhya Devi Dcit C/O M/S. Rra Tax India, D- Vs Central Circle 28, South Extension, Part-I, Noida New Delhi Pan No.Asbpd0089B (Appellant) (Respondent) Appellant By Dr. Rakesh Gupta, Advocate Sh. Somil Agarwal, Advocate Sh. Deepesh Garg, Advocate Respondent By Sh. Daya Inder Singh Sidhu, Cit Dr Date Of Hearing: 07/02/2024 Date Of Pronouncement: 22/02/2024 Order Per Saktijit Dey,Vp: This Is An Appeal By The Assessee Arising Out Of Order Dated 23.10.2018 Of Learned Commissioner Of Income Tax (Appeals) – 4 (For Short “Cit(A)”), Kanpur For The Assessment Year 2012-13. 2. Though, The Assessee Has Raised Multiple Grounds Both On Jurisdictional Issue As Well As On Merits, However, At The Very Outset We Proceed To Decide The Jurisdictional Issue Raised In Ground No.1, As It Goes To The Root Of The Matter.

unexplained jewellery as discussed in para 7 (4) Addition on account of house 5,07,036 hold expenses (para 8) (5) Total income Or Say Rs.63,06,628/- 5. Assessee challenged the assessment order both on jurisdictional issue as well as on merits. However, learned First Appellate Authority did not find merit in the submissions of the assessee hence, upheld

ACIT, CENTRAL CIRCLE, GHAZIABAD vs. JAIPAL SINGH SHARMA TRUST, GHAZIABAD

In the result, the appeal of the assessees is allowed and the appeals of the Revenue are dismissed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

charitable objectives and due to the same, the trust had suffered losses to the tune of around more than Rs. 20 Crores. Therefore the circumstances indicate that, the trust needed actual money to run the hospital smoothly in view of the mounting losses and not mere accommodation entries. There is force in the argument of the AR that the circumstantial

AIT, CENTRAL CIRCLE, GHAZIABAD vs. ANKIT SHARMA, GHAZIABAD

In the result, the appeal of the assessees is allowed and the appeals of the Revenue are dismissed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

charitable objectives and due to the same, the trust had suffered losses to the tune of around more than Rs. 20 Crores. Therefore the circumstances indicate that, the trust needed actual money to run the hospital smoothly in view of the mounting losses and not mere accommodation entries. There is force in the argument of the AR that the circumstantial

ACIT, CENTRAL CIRCLE, GHAZIABAD vs. NIDHI SHARMA, NEW DELHI

In the result, the appeal of the assessees is allowed and the appeals of the Revenue are dismissed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

charitable objectives and due to the same, the trust had suffered losses to the tune of around more than Rs. 20 Crores. Therefore the circumstances indicate that, the trust needed actual money to run the hospital smoothly in view of the mounting losses and not mere accommodation entries. There is force in the argument of the AR that the circumstantial

ACIT, CENTRAL CIRCLE, GHAZIABAD vs. JAIPAL SINGH SHARMA TRUST, GHAZIABAD

In the result, the appeal of the assessees is allowed and the appeals of the Revenue are dismissed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

charitable objectives and due to the same, the trust had suffered losses to the tune of around more than Rs. 20 Crores. Therefore the circumstances indicate that, the trust needed actual money to run the hospital smoothly in view of the mounting losses and not mere accommodation entries. There is force in the argument of the AR that the circumstantial

ANKIT SHARMA,GHAZIABAD vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeal of the assessees is allowed and the appeals of the Revenue are dismissed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

charitable objectives and due to the same, the trust had suffered losses to the tune of around more than Rs. 20 Crores. Therefore the circumstances indicate that, the trust needed actual money to run the hospital smoothly in view of the mounting losses and not mere accommodation entries. There is force in the argument of the AR that the circumstantial

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

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

money is received by the assessee company from alleged bogus shareholders, whose names are given to the Assessing Officer, then the department is free to proceed to re-open their individual assessments in accordance with law. But the said amount cannot be taken as unexplained income in the hands of the assessee." [Emphasis supplied] BOMBAY HIGH COURT

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

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

money is received by the assessee company from alleged bogus shareholders, whose names are given to the Assessing Officer, then the department is free to proceed to re-open their individual assessments in accordance with law. But the said amount cannot be taken as unexplained income in the hands of the assessee." [Emphasis supplied] BOMBAY HIGH COURT

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

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

money is received by the assessee company from alleged bogus shareholders, whose names are given to the Assessing Officer, then the department is free to proceed to re-open their individual assessments in accordance with law. But the said amount cannot be taken as unexplained income in the hands of the assessee." [Emphasis supplied] BOMBAY HIGH COURT