ACIT, NEW DELHI vs. M/S. PAVITRA TREXIM PVT. LTD., KOLKATA

In the result, the appeal filed by the Revenue and the Cross Objection

Bench: Shri R. K. Panda & Shri Sudhanshu Srivastavaassessment Year : 2007-08 Acit, Central Circle- 30, Pavitra Trexim Pvt. Ltd., New Delhi. 13, Ground Floor, Room No.5, Vs. B.B. Ganguli Street, Punarnava, Kolkata.

133A of the Act to record the statement on oath. Therefore, it is submitted by the AR that this alleged statement on oath cannot be considered as evidence against the appellant for action u/s 148 of the Act. In the case of Shri Naval Bihari Bhoot, statement recorded u/s 131 of the Act, on 14.11.2011, nothing adverse was stated, except

ACIT, NEW DELHI vs. M/S. QUALITY SALES PROMOTION PVT. LTD., KOLKATA

In the result, the appeal filed by the Revenue and the Cross Objection

Bench: Shri R. K. Panda & Shri Sudhanshu Srivastavaassessment Year : 2007-08 Acit, Central Circle- 30, Quality Sales Promotion Pvt. Ltd., New Delhi. 13, Ground Floor, Room No.5, Vs. B.B. Ganguli Street, Punarnava, Kolkata.

133A of the Act to record the statement on oath. Therefore, it is submitted by the AR that this alleged statement on oath cannot be considered as evidence against the appellant for action u/s 148 of the Act. In the case of Shri Naval Bihari Bhoot, statement recorded u/s 131 of the Act, on 14.11.2011, nothing adverse was stated, except

DCIT, NEW DELHI vs. M/S CHOTTI LEASING & FINANCE PVT. LTD.,, NEW DELHI

In the result, the appeals filed by the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” It has been further provided that no assessment completed u/s 143(3) can be reopened after expiry of four years from the end of the relevant assessment year unless any such income has escaped assessment by reason of failure on the part

DCIT, NEW DELHI vs. M/S CHOTTI LEASING & FINANCE PVT. LTD.,, NEW DELHI

In the result, the appeals filed by the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” It has been further provided that no assessment completed u/s 143(3) can be reopened after expiry of four years from the end of the relevant assessment year unless any such income has escaped assessment by reason of failure on the part

DCIT, NEW DELHI vs. M/S CHOTTI LEASING & FINANCE PVT. LTD.,, NEW DELHI

In the result, the appeals filed by the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” It has been further provided that no assessment completed u/s 143(3) can be reopened after expiry of four years from the end of the relevant assessment year unless any such income has escaped assessment by reason of failure on the part

DCIT, NEW DELHI vs. M/S CHOTTI LEASING & FINANCE PVT. LTD.,, NEW DELHI

In the result, the appeals filed by the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” It has been further provided that no assessment completed u/s 143(3) can be reopened after expiry of four years from the end of the relevant assessment year unless any such income has escaped assessment by reason of failure on the part

JAGATJEET SINGH,DELHI vs. ACIT CENTRAL CIRCLE 28, DELHI

In the result, the assessee's appeal is dismissed

133A had been conducted on 01.09.2022 in\nthe case of Baby Joy Group and consequential survey was conducted at the\nbusiness premises of the assessee. The assessment was completed u/s 143(3) of\nthe Act vide order dated 31.03.2014 at the returned income. Subsequently, Ld.\nPCIT noted that the assessment had been completed without requisite verification\nof the cash payment

MADAN MOHAN TIWARI,NEW DELHI vs. ITO, WARD- 29(3), NEW DELHI

In the result, the appeal of the assessee is stands

Bench: Shri R.K.Panda & Shri Sanjay Gargassessment Year : 2008-09 Madan Mohan Tiwari, Vs Income Tax Officer, J-145, Kalkaji, Ward-29(3), New Delhi-110019 Room No.1015, 10Th Floor, Block-E2, Dr. S.P. Mukharjee Civic Centre, Minto Road, New Delhi-110002 Pan-Aeqpt1251F Appellant Respondent

survey proceedings u/s 133A it was found that Shri Madan Mohan Tiwary and his family members are maintaining 61 bank accounts in various banks and were having 39 debit cards. Therefore, on the basis of the facts narrated above, I have reason to believe that the income of the assessee amounting to Rs. 1,76,11,272/- has escaped assessment

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

u/s 143(3) rws 148 of the Cairn U K Holdings Limited V DCIT ( International Taxation) New Delhi A Y 2007-08 P a g e | 2 Income Tax Act ( hereinafter referred to as the ―act‖) passed in pursuance of directions under section 144 C(5) of the Act by Ld Dispute Resolution Panel ( hereinafter referred

ARUN ENTERPRISES,GHAZIABAD vs. PR,CIT, GHAZIABAD

In the result, the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

depreciation. 1. You have raised unsecured loans during the year as per point no- 31(a) of your Tax Audit report. In respect of each unsecured loan raised furnish the following 1. 1. Confirmation as well as ITR and bank statement (for FY 2016-17) of the loan providers. 2. Copy of account of these loan providers in your books

ACIT CENTRAL CIRCLE , GHAZIABAD vs. ARIHANT TEXTILES, GHAZIABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

u/s 133A of IT Act have been conducted in the premise of the appellant on 28.02.2018 and various documents, registers and loose papers were found and impounded. As claimed by appellant all the 6 Arihant Textiles computerized books of accounts have also been impounded in the survey proceedings including the books of accounts of the current year from

DCIT, NEW DELHI vs. M/S SAM PORTFOLIO PVT. LTD., NEW DELHI

In the result, appeal of the revenue is dismissed and cross objection of the assessee is allowed

Bench: Sh. N. K. Billaiya & Ms Suchitra Kamblethe Dcit, Vs Sam Portfolio Pvt. Ltd., Circle – 18, 5/5761, Dev Nagar, Jhandewalan, Karol Bagh, Near Yes Bank New Delhi Atm, New Delhi – 110 005 (Pan : Aahcs 6810 N) (Appellant) (Respondent) Co No. 403/Del/2015 (Arising Out Of Ita No. 6218/Del/2015) ( Assessment Year – 2008-09 ) Sam Portfolio Pvt. Ltd., Vs The Dcit, 5/5761, Dev Nagar, Circle – 18, Karol Bagh, Near Yes Bank Jhandewalan, Atm, New Delhi – 110 005 New Delhi (Pan : Aahcs 6810 N) (Appellant) (Respondent) Assessee By Sh. H. K. Chaudhari, Cit-D.R. Revenue By Dr. Rakesh Gupta, Advocate Date Of Hearing 18.02.2020 Date Of Pronouncement 20.02.2020

133A. The very foundation for instituting the proceedings u/s 153C is missing. It has been held by ITAT, Chennai in the case of ACIT vs M.N. Rajaraman (2010) 5 ITR (TRIB) 261 Chennai and High Court of Gujarat in the case of CIT vs Meghmani Organics Ltd. (2014) 221 Taxmann 25 (Guj.) that where the very foundation for instituting

RITU SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

u/s. 292C of the Act relied on by the ld.DR are available against the person in whose possession the books of account other documents etc., were found. The presumption is not available against the third party and transactions are through Demat account. The assessee filed all the documents and these purchases were made by the assessee through account payee cheque

UMA SINGAL,NEW DELHI vs. ACIT, CENTRL CIRCLE-3, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

u/s. 292C of the Act relied on by the ld.DR are available against the person in whose possession the books of account other documents etc., were found. The presumption is not available against the third party and transactions are through Demat account. The assessee filed all the documents and these purchases were made by the assessee through account payee cheque

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

survey under section 133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

survey under section 133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

survey under section 133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

survey under section 133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

survey under section 133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting