INCOME TAX OFFICER, WARD 3(1), DELHI, DELHI vs. ARTISTIC FINANCE PRIVATE LIMITED, DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

reopened by the AO vide notice u/s 148 of the Act dated 28.03.2019. 2.1. As per the facts mentioned by the AO in para no.2 and 2.1 of the assessment order, the AO had received information from ITO(Inv.) Unit-7, New Delhi, about the assessee having received accommodation entries amounting to Rs.9,60,000/- on different dates during

VISHWANATH AGGARWAL ,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

VISHWANATH AGGARWAL ,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

reopening, grounds of appeal filed by department for the AY 2009-10 and the copy of communication made by the DDIT (Inv.) Surat dated 18.03.2016 to the AO were submitted. It was submitted that under identical circumstances for alleged breach of section 269SS and 269T no penalty u/s 271D or 271E was levied by the AO/JCIT. On the contrary identical

SHAILENDRA ,MEERUT vs. ITO, WARD- 2(3), MEERUT

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat[Assessment Year : 2009-10] Shailendra, Vs Ito, C/O-Vinod Kumar Goel, 282, Ward-2(3), Boundary Road, Civil Lines, Meerut. Meerut, Uttar Pradesh. Pan-Cavps9753D Appellant Respondent Appellant By None Respondent By Ms. Maimun Alam, Sr.Dr Date Of Hearing 02.02.2023 Date Of Pronouncement 02.02.2023

reopened the assessment u/s 147 on the ground that there was difference of receipts as per Form No.26AS and Income-tax Return. In response to notice u/s 148, the assessee filed the return of income on 15.04.2016. During the course of assessment proceedings, it was submitted that since the assessee could not obtain the copy of bank statement, therefore

SUNIL KUMAR NAGAR,FARIDABAD vs. ITO, WARD- 2(4), FARIDABAD

Accordingly, the appeal filed by the assessee being ITA No.2118/Del/2019 is allowed

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareek

reopening the assessment u/s 147 and his order is illegal and arbitrary. 19. In view of the above discussion, we are of the view that the AO wrongly initiated the proceedings u/s 148 and completed the assessment u/s 143(3) rws 147 of the Act, instead of initiating the proceedings u/s 153C of the Act. Therefore, we set aside

SUNIL KUMAR NAGAR,FARIDABAD vs. ITO, WARD- 2(4), FARIDABAD

Accordingly, the appeal filed by the assessee being ITA No.2118/Del/2019 is allowed

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareek

reopening the assessment u/s 147 and his order is illegal and arbitrary. 19. In view of the above discussion, we are of the view that the AO wrongly initiated the proceedings u/s 148 and completed the assessment u/s 143(3) rws 147 of the Act, instead of initiating the proceedings u/s 153C of the Act. Therefore, we set aside

NOVA PROMOTERS AND FINLEASE PVT. LTD.,DELHI vs. ITO, NEW DELHI

Bench: Shri S.Rifaur Rahman & Ms.Madhumita Roynova Promoters & Vs. Ito, Ward 13(3) Finlease Pvt. Ltd. Ito Building, I.P. Estate 7, Kapil Vihar, Pitampura, Delhi – 34

reopened under Section 147 of the Act. It further appears that the assessee also paid commission of Rs.2,96,250/- to the said entry operator, details whereof are appearing in the order passed by the ld. AO. 5. During the course of reassessment proceedings in order to examine the genuineness and creditworthiness of the companies who had given entries

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

In the result, Appeal of the Revenue in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.I.T.A. No. 6219/Del/2015 (A.Y 2009-10)

reopening of assessment in accordance with law. 17. The Hon’ble Supreme court in the recent Judgment in Civil Appeal No. 6580 OF 2021 in the case of Abhisar buildwell Pvt. Ltd. Vs. Principal Commissioner Income tax, Central-3, while holding that, in respect of completed/unabated assessments, no addition can be made by the AO in the 19 ITAs

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

In the result, Appeal of the Revenue in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.I.T.A. No. 6219/Del/2015 (A.Y 2009-10)

reopening of assessment in accordance with law. 17. The Hon’ble Supreme court in the recent Judgment in Civil Appeal No. 6580 OF 2021 in the case of Abhisar buildwell Pvt. Ltd. Vs. Principal Commissioner Income tax, Central-3, while holding that, in respect of completed/unabated assessments, no addition can be made by the AO in the 19 ITAs

ASSOCIATED MACHINERY CORP. PVT. LTD.,GHAZIABAD vs. ITO, GHAZIABAD

In the result, the appeal of the Assessee is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Narender Kumar Choudhry

u/s 271 (1)( c) of the income tax act, 1961. The CIT (Appeals) modified the order directing the levy of minimum penalty . The Tribunal was justified in sustaining the penalty levied on the ground that only a minimum amount was levied as penalty. K.Sreedharan& Co. v. Assistant Commissioner of Incometax , Circle 2(1) [2009](Ker) 5.4.1 Addition based on estimate

PURI OIL MILLS LTD.,NEW DELHI vs. ACIT, CIRCLE- 20(1), NEW DELHI

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

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

reopened u/s 147 and notice u/s 148 dated 01/03/2017 had been issued and made the addition by the A.O. in following manner:- 15 ITA. 6971/Del/2018 AND ITA. 7726/Del/2019 Puri Oil Mills Ltd., New Delhi. “4.13. Assesses was asked to identify the assets which were purchased and put to use with the amount received as subsidy from MNRE vide questionnaire dated

PURI OIL MILLS LTD,NEW DELHI vs. ACIT, CIRCLE-20(1), NEW DELHI

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

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

reopened u/s 147 and notice u/s 148 dated 01/03/2017 had been issued and made the addition by the A.O. in following manner:- 15 ITA. 6971/Del/2018 AND ITA. 7726/Del/2019 Puri Oil Mills Ltd., New Delhi. “4.13. Assesses was asked to identify the assets which were purchased and put to use with the amount received as subsidy from MNRE vide questionnaire dated