MAHAGUN INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

133A in the year of 2007 had offered Rs. 16.95Cr. as additional incomewhich was also "progressive highest credit balance" as on date of survey calculated on the basis of similar type of ledger seized during survey. 24. I also do not find any infirmity in the method of capitalization of Rs. 16.97Cr. out of total additional income

MAHUGUN INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

133A in the year of 2007 had offered Rs. 16.95Cr. as additional incomewhich was also "progressive highest credit balance" as on date of survey calculated on the basis of similar type of ledger seized during survey. 24. I also do not find any infirmity in the method of capitalization of Rs. 16.97Cr. out of total additional income

ACIT, NEW DELHI vs. SH MAHAGUN INDIA PVT. LTD.,, DELHI

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

133A in the year of 2007 had offered Rs. 16.95Cr. as additional incomewhich was also "progressive highest credit balance" as on date of survey calculated on the basis of similar type of ledger seized during survey. 24. I also do not find any infirmity in the method of capitalization of Rs. 16.97Cr. out of total additional income

DCIT, NEW DELHI vs. M/S. PACL LTD., NEW DELHI

In the result, appeal filed by the Revenue is dismissed

Bench: the Hon'ble ITAT, however, Assessing Officer rejected the same and proceeded to levy penalty u/s 271(1)(c) of the Act amounting to Rs.12,51,51,671/- which is 100% of the tax sought to be evaded.

271(1)(c) of the Act. the Ld. AR submitted that there was a survey conducted u/s 133A of the Act on the business premises of the assessee on 22/03/2010, based on the findings of the above survey action the additions made in the assessment proceedings are as under:- (i) Trading addition Rs.10,00,00,000/- (ii) Addition

VATIKA SOVEREIGN PARK PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-26(1), NEW DELHI

The appeals are allowed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No.7251 & 7252/Del/2019 (Assessment Year : 2016-17 & 2017-18) Vatika Sovereign Park Private Vs. The Assistant Commissioner Of Limited, Income Tax, 621A, 6Th Floor, Devika Towers Circle-26(1) 6-Nehru Place New Delhi New Delhi-110019 Pan No. Aafcp9383D (Appellant) (Respondent)

133A was carried out at the business/office premises of the Haryana Urban Development Authority (HUDA) by the DCIT (TDS), Panchkula who forwarded the details and findings of the survey. On detailed examination of the survey report and verification of the facts of the case of assessee, the LD.AO noticed that TDS was not made on payment of External Development Charges

VATIKA SOVEREIGN PARK PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-26(1), NEW DELHI

The appeals are allowed

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No.7251 & 7252/Del/2019 (Assessment Year : 2016-17 & 2017-18) Vatika Sovereign Park Private Vs. The Assistant Commissioner Of Limited, Income Tax, 621A, 6Th Floor, Devika Towers Circle-26(1) 6-Nehru Place New Delhi New Delhi-110019 Pan No. Aafcp9383D (Appellant) (Respondent)

133A was carried out at the business/office premises of the Haryana Urban Development Authority (HUDA) by the DCIT (TDS), Panchkula who forwarded the details and findings of the survey. On detailed examination of the survey report and verification of the facts of the case of assessee, the LD.AO noticed that TDS was not made on payment of External Development Charges

PIVOTAL INFRASTRUCTURE LTD,GURGAON vs. ADDI. CIT SPL. RANGE 76, NEW DELHI

The appeal are allowed

Bench: Dr. B.R.R. Kumar & Sh. Anubhav Sharmaita No. 6261/Del/2019, A.Y. 2014-15

133A was carried out at the business/office premises of the Haryana Urban Development Authority (HUDA) by the DCIT (TDS), Panchkula who forwarded the details and findings of the survey. On detailed examination of the survey report and verification of the facts of the case of assessee, the LD.AO noticed that TDS was not made on payment of External Development Charges

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI ,DELHI vs. ACIT CENTRAL CIRCLE-2 , DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that

PUSHPA RANI,DELHI vs. ACIT CENTRAL CIRCLE-9, DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

survey under section 133A, it may, in any proceeding under this Act, be presumed— 12 | P a g e (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that