WEL INTERTRADE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Before Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year : 2011-12 Wel Intertrade Private Vs. Acit, Circle-27(2), Limited, New Delhi. 5,E Local Shopping Centre Masjid Moth, Greater Kailash Part 2, New Delhi – 110 048 Pan Aaacw10187F (Appellant) (Respondent) Asstt. Year : 2012-13

property by the assessee. 6.10.6 We, therefore, hold that the income derived by the assessee from running Business Centre amounting in all to Rs. 1,17,76,874/- and income of Rs. 13,43,161/- by way of reimbursement of expense constitute Business income and are assessable as such. The Ld. AO is directed to modify the assessment and carry

SH. VIKAS LOHIA,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2008-09 Sh. Vikas Lohia, F-351, Gali Vs. Income Tax Officer, Ward- Shiv Mandir Bandh Rd., 24(3), New Delhi Aya Nagar, New Delhi Pan : Acjpl3468N (Appellant) (Respondent) Appellant By S/Sh. Rakesh Kumar & T.C. Sachdeva, Advocates Respondent By Sh. F.R. Meena, Sr.Dr Date Of Hearing 20.07.2016 Date Of Pronouncement 19.08.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 11/02/2014 Of Learned Commissioner Of Income-Tax (Appeals)-Xi, New Delhi, For Assessment Year 2008-09, Raising The Following Grounds: I. That On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeals) Is Not Justified In Sustaining The Addition Of Rs. 600000/- In Respect Of Cash Deposited In The Bank By The Appellant Inspite Of Furnishing Of Full Details/Explanation & Cash Flow Account Etc. Without Appreciating The Full Facts Of The Case.

unexplained cash deposits in bank accounts, which consisted of Rs. 6 lakhs, deposited on 19/11/2007 and Rs. 9 lakhs on 13/02/2008. On appeal to the learned Commissioner of Income-tax (Appeals), the cash deposit of Rs. 9 lakh on 13/02/2008 was found explained by him, however, the addition of Rs. 6 lacs was sustained by him. Aggrieved with the addition

M/S. MISSION VIEJO AGRO PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Sh. N. K. Sainiita No. 4236/Del/2015 : Asstt. Year : 2005-06 M/S Mission Verdes Estate Pvt. Ltd., Vs Acit, 48, Friends Colony, Central Circle-23, New Delhi-110065 New Delhi (Appellant) (Respondent) Pan No. Aaacm1160C Assessee By : Sh. Sashi Tulsiyan, Adv. Revenue By : Sh. F. R. Meena, Sr. Dr Date Of Hearing : 19.09.2016 Date Of Pronouncement : 16.12.2016 Order This Is An Appeal By The Assessee Against The Order Dated 10.02.2015 Of Ld. Cit(A)-30, New Delhi. 2. Following Grounds Have Been Raised In This Appeal: “1. That The Cit (Appeals) Erred On Facts & In Law In Upholding The Impugned Assessment Order Passed Under Sections 147 Of The Income Tax Act, 1961 Which Is Without Jurisdiction, Illegal & Bad In Law Since The Prerequisite Conditions For Initiating Proceedings Under Section 147 Of The Act Were Not Fulfilled In The Present Case. 2. That The Cit (Appeals) Erred On Facts & In Law In Upholding The Alleged Fair Rental Value At Rs.11,77,528/- & Thereby Making An Addition Of Rs.11,77,528/- Under The Head Income From House Property. 3. That The Cit(Appeals) Erred On Facts & In Law In Upholding The Addition Of Rs.7,00,000/- Received From M/S 2 Mission Viejo Estate Pvt. Ltd. Golden Techno Build Pvt. Ltd. As Unexplained Cash Credits U/S 68 Of The Act. 4. That The Cit(Appeals) Erred On Facts & In Law In Upholding The Aforesaid Addition Of Rs.7 Lacs Without Appreciating That The Appellant Had Discharged Its Onus In Terms Of Section 68 Of The Income Tax Act, 1961.” 3. Ground No. 1 Is Not Pressed, Therefore, The Same Is Dismissed As Not Pressed.

unexplained cash credits u/s 68 of the Act. 4. That the CIT(Appeals) erred on facts and in law in upholding the aforesaid addition of Rs.7 lacs without appreciating that the appellant had discharged its onus in terms of section 68 of the Income Tax Act, 1961.” 3. Ground No. 1 is not pressed, therefore, the same is dismissed

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTER CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

SMT. RITU SINGH,DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2012-13

house property of the assessee at 345 Block-C, Omaxe, Noida City, Greater Noida for Rs. 79,71,600/-. Accordingly, in para 20.20 he determined the LTCG at Rs. 98,81,868/- i.e. (Rs. 1,78,53,468/- as computed by the assessee – Rs. 79,71,600/- invested in the above Greater Noida property). The Ld. CIT(A) denied

MRS. SAROJ BHADANA,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri G.D. Agrawal & Ms. Suchitra Kambleay: 2010-11

house property” and also to make mathematical corrections as pointed out by the Ld. AR during the hearing after verifying the same. Needless to say that the assessee be given opportunity of hearing by following principle of natural justice. We further direct the Assessing Officer to place its remand report as regards to the mathematical error in the figures. Ground

ANJU CHAWLA,DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the revenue is partly allowed for statistical purposes

Bench: Sh. R.K. Panda & Sh. Sudhanshu Srivastavaassessment Year: 2010-11

house property, capital gain and income from other sources. A search and seizure operation u/s 132 of the Income Tax Act 1961 alongwith survey operations u/s 133 A of the Income Tax Act 1961 were undertaken at various residential and business premises of Aseem kumar Gupta & Group and other beneficiary group of cases on 26.03.2010. Shri Aseem Kumar Gupta

ACIT, CC-15, NEW DELHI vs. YASH PAL MENDIRATTA, DELHI

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessees are also dismissed

Bench: Dr. B. R. R. Kumarms. Astha Chandra

unexplained investment. The fact that this property as referred in the said proposed ATS was purchased by the Appellant and the spouse of the' Appellant from the parties whose names have been recorded as sellers in the ATS. Thus, except for the mere coincidence of the property and the sellers being the same, there cannot be a presumption, without

ACIT, CIRCLE CC 15, NEW DELHI vs. ALKA MENDIRATTA , DELHI

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessees are also dismissed

Bench: Dr. B. R. R. Kumarms. Astha Chandra

unexplained investment. The fact that this property as referred in the said proposed ATS was purchased by the Appellant and the spouse of the' Appellant from the parties whose names have been recorded as sellers in the ATS. Thus, except for the mere coincidence of the property and the sellers being the same, there cannot be a presumption, without

VINAY CHAUDHARY,PITAMPURA vs. ACIT INT TAX 1(2)(1), DELHI

In the result, the appeal of the assesse is allowed

Bench: “Shri Ramit Kochar & Shri Raj Kumar Chauhan

house property. Subsequently, the case was selected for limited scrutiny. Vide draft assessment order dated 31.12.2022 2 Vinay Chaudhary the ld. AO proposed to make addition of sale of shares amounting to Rs. 4,14,06,000/- treating the same to be bogus/non-genuine as unexplained money

SUNITA BHARDWAJ,NEW DELHI vs. ITO WARD 61(1), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANISH AGARWAL (Accountant Member)

unexplained money u/s 69A is bad in law and against the facts and circumstances of the case and the same is not sustainable on various legal and factual grounds. 5. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in sustaining the action

SUNITA BHARDWAJ,NEW DELHI vs. ITO WARD 61(1), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANISH AGARWAL (Accountant Member)

unexplained money u/s 69A is bad in law and against the facts and circumstances of the case and the same is not sustainable on various legal and factual grounds. 5. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in sustaining the action