SHARK PACKAGING (INDIA) PVT LTD,NEW DELHI vs. ITO WARD - 23(1), NEW DELHI

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

search and seizure operation of entry provider Shri S K Jain it was clearly revealed that the assessee was beneficiary of accommodation entries from various paper companies of Jain Group. Therefore the Assessing Officer had valid reason to believe that the income to the extent of alleged entries has escaped assessment for AY 2008-09 therefore legal contention of assessee

SHARK PACKAGING (INDIA) PRIVATE LIMITED,DELHI vs. ITO,WARD-23(1), NEW DELHI

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

search and seizure operation of entry provider Shri S K Jain it was clearly revealed that the assessee was beneficiary of accommodation entries from various paper companies of Jain Group. Therefore the Assessing Officer had valid reason to believe that the income to the extent of alleged entries has escaped assessment for AY 2008-09 therefore legal contention of assessee

ITO, WARD- 21(4), NEW DELHI vs. RUKMINI IRON PVT. LTD., DELHI

In the result, the Cross Objection of the assessee is allowed and the appeal filed by the Revenue is dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2009-10 Ito, Vs. Rukmini Iron Pvt. Ltd., Ward-21(4), X-55/102, Loha Mandi, New Delhi. Naraina, Delhi. Pan: Aaccr7910H Co No.66/Del/2018 (Ita No.550/Del/2018) Assessment Year: 2009-10 Rukmini Iron Pvt. Ltd., Vs. Ito, X-55/102, Loha Mandi, Ward-21(4), Naraina, New Delhi. Delhi. Pan: Aaccr7910H (Appellant) (Respondent) Assessee By : Shri Suresh Gupta, Ca Revenue By : Shri Ramdhan Meena, Sr. Dr Date Of Hearing : 29.08.2022 Date Of Pronouncement : 20.09.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.10.2017 Of The Cit(A)-38, Delhi, Relating To Assessment Year 2009-10. In This Case, The Assessee Has Filed A Cross Objection. Co No.66/Del/2018 2. The Grounds Of Appeal Raised By The Revenue Read As Under:- “1. "On The Facts & Under The Circumstances Of The Case, The Ld Cit(A) Has Erred In Law & Facts In Deleting The Addition Of Rs. 2,40,00,000/- Made By The Ao U/S 68 Of Income Tax Act, 1961, Ignoring The Decision Of The Ld. Cit (A) In The Case Of Surender Kumar Jain (S. K. Jain) Wherein, It Is Held That Jain Brothers Are Equally Involved In The Accommodation Entry Business & Maintain The Documents & Record. " 2. "On The Facts & Under The Circumstances Of The Case, The Ld Cit(A) Has Erred In Law & Facts In Deleting The Addition Of Rs 2,40,00,000/- Under Section 68 Of The Act By Ignoring The Ratio Decidendi In The Case Of Cit Vs. M/S N. R. Portfolio Pvt. Ltd. (2014), 2 Itr-Ol-68 & Pcit-7 Vs. Bikram Singh In It A No. 55/2017 Dated 25/08/2017 On Identical Issue Of Addition As Unexplained Share Capital U/S 68 Of The It Act. 3 The Appellant Craves To Be Allowed To Add & Alter Any Fresh Grounds(S) Of Appealand/Or Delete Or Amend Any Of The Ground(S) Of Appeal."

reassessment proceedings u/s 147 of the Act and issuing notice u/s 148 has to be held as valid and permissible 6 CO No.66/Del/2018 in the law. He also submitted that the AO cannot be debarred from initiating the proceedings u/s 147 of the Act merely because the material so gathered was outcome of a search and seizure

SUNRISE PORPBUILD PVT LTD,DELHI vs. ACIT, CENTRAL CIRCLE-2, FARIDABAD

In the result, Appeals in ITA

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Ita No. 1258/Del/2025 (A.Y. 2012-13) M/S Sunrise Propbuild Pvt. Ltd. V Assistant Commissioner Of House No. B-4, 1St Floor, Shop S Income Tax, Central Circle-Ii, No. 25, Ashirward Complex, Faridabad, Village Pitampura, New Delhi- Haryana-121001 110034 Pan: Aapcs2201K Appellant Respondent Assessee By Sh. S. S. Nagar, Ca Revenue By Ms.Suman Malik, Cit Dr Date Of Hearing 08/09/2025 Date Of Pronouncement 26/11/2025

reassessment proceedings requires to be quashed as the neither rejection not acceptance of the objections of the assessee has prejudiced the interest of the assessee to challenge the same before the higher forum. Therefore not passing a speaking order rejecting the objections of the assessee but passing an order u/s 147 of the act making the additions based on reasons

SUNRISE PROPBUILD PVT LTD.,DELHI vs. ACIT, CENTRAL CIRCLE-2, FARIDABAD

In the result, Appeals in ITA

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Ita No. 1258/Del/2025 (A.Y. 2012-13) M/S Sunrise Propbuild Pvt. Ltd. V Assistant Commissioner Of House No. B-4, 1St Floor, Shop S Income Tax, Central Circle-Ii, No. 25, Ashirward Complex, Faridabad, Village Pitampura, New Delhi- Haryana-121001 110034 Pan: Aapcs2201K Appellant Respondent Assessee By Sh. S. S. Nagar, Ca Revenue By Ms.Suman Malik, Cit Dr Date Of Hearing 08/09/2025 Date Of Pronouncement 26/11/2025

reassessment proceedings requires to be quashed as the neither rejection not acceptance of the objections of the assessee has prejudiced the interest of the assessee to challenge the same before the higher forum. Therefore not passing a speaking order rejecting the objections of the assessee but passing an order u/s 147 of the act making the additions based on reasons

ACIT, CIRCLE-26(2), NEW DELHI vs. VIKRAM ELECTRIC EQUIPMENT P.LTD, NEW DELHI

The appeal of the Revenue is dismissed as\ninfructuous

147 of the Act and failure to serve\nnotice before completion of the assessment renders the order\ninvalid. Reliance is placed on the decision of the Hon'ble\nJurisdictional High Court in the case of CIT Vs. Chetan Gupta\n(supra), wherein the Hon'ble High Court held that reassessment\nproceedings finalized by the Assessing Officer without affecting\nproper service

SUDHIR DHINGRA,NEW DELHI vs. DCIT, CENTRAL CIRCLE-II, GURGAON

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

DCIT, CENTRAL CIRCLE-II, GURGAON vs. SUDHIR DHINGRA, NEW DELHI

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

DCIT, CENTRAL CIRCLE-II, GURGAON vs. SUDHIR DHINGRA, NEW DELHI

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

ACIT, CENTRAL CIRCLE-II, GURGAON vs. ANOOP THATAI, NEW DELHI

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

DCIT, CENTRAL CIRCLE-II, GURGAON vs. SUDHIR DHINGRA, NEW DELHI

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

SUDHIR DHINGRA,NEW DELHI vs. DCIT, CENTRAL CIRCLE-II, GURGAON

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

DCIT, CENTRAL CIRCLE-II, GURGAON vs. SUDHIR DHINGRA, NEW DELHI

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

DCIT, CENTRAL CIRCLE-II, GURGAON vs. SUDHIR DHINGRA, NEW DELHI

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

ANOOP THATAI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-II, GURGAON

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

DCIT, CENTRAL CIRCLE-II, GURGAON vs. SUDHIR DHINGRA, NEW DELHI

In the result, appeal of the revenue is dismissed

Bench: Sh. Amit Shukla, Judicialmember & Sh.B. R. R. Kumar

147 of the Income Tax Act, 1961 cannot be initiated. (vii) Whether on the facts and in the circumstances of the case the Ld.CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla, 380 ITR 173 when the Hon’ble HC itself admits in para 37(iv) that “Although Section 153A does

M/S. DHARAMPAL SATYAPAL LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

search and seizure took place in the assessee’s premises at Noida, Guwahati and Agartala. From the search conducted on 21.01.2011 and in the course of search of the DS Group situated in the North Eastern state, namely, Guwahati and Agartala, certain facts emerged that would suggest that assessee claimed deduction under Chapter VIA was grossly inflated. According

DCIT, NEW DELHI vs. M/S. DHARAMPAL SATYAPAL LTD., DELHI

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

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

search and seizure took place in the assessee’s premises at Noida, Guwahati and Agartala. From the search conducted on 21.01.2011 and in the course of search of the DS Group situated in the North Eastern state, namely, Guwahati and Agartala, certain facts emerged that would suggest that assessee claimed deduction under Chapter VIA was grossly inflated. According