RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

section 151 of the Act, the initiation of proceedings u/s. 147 of the Act and reassessment order framed u/s. 147(143(3) of the Act has to be held as invalid and deserve to be quashed. 3.1 Precisely reiterated written submissions dated 12.09.2023, the Ld. Counsel for the assessee summarised his contentions on legal grounds by vehemently submitting the following

RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

section 151 of the Act, the initiation of proceedings u/s. 147 of the Act and reassessment order framed u/s. 147(143(3) of the Act has to be held as invalid and deserve to be quashed. 3.1 Precisely reiterated written submissions dated 12.09.2023, the Ld. Counsel for the assessee summarised his contentions on legal grounds by vehemently submitting the following

RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

section 151 of the Act, the initiation of proceedings u/s. 147 of the Act and reassessment order framed u/s. 147(143(3) of the Act has to be held as invalid and deserve to be quashed. 3.1 Precisely reiterated written submissions dated 12.09.2023, the Ld. Counsel for the assessee summarised his contentions on legal grounds by vehemently submitting the following

RUBY SINGH ,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

section 151 of the Act, the initiation of proceedings u/s. 147 of the Act and reassessment order framed u/s. 147(143(3) of the Act has to be held as invalid and deserve to be quashed. 3.1 Precisely reiterated written submissions dated 12.09.2023, the Ld. Counsel for the assessee summarised his contentions on legal grounds by vehemently submitting the following

RUBY SINGH,DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

section 151 of the Act, the initiation of proceedings u/s. 147 of the Act and reassessment order framed u/s. 147(143(3) of the Act has to be held as invalid and deserve to be quashed. 3.1 Precisely reiterated written submissions dated 12.09.2023, the Ld. Counsel for the assessee summarised his contentions on legal grounds by vehemently submitting the following

DCIT CIRCLE-10(1), NEW DELHI vs. ANJANI KUMAR GOENKA, NEW DELHI

In the result, appeal by the Revenue is dismissed in the aforesaid manner

Bench: Shri Shamim Yahya & Shri Sudhir Kumara.Yr. : 2011-12 Dcit, Cirlce-10(1), Anjani Kumar Goenka, C.R. Building, Vs. N-86, Connaught Place, I.P. Estate, New Delhi – 1 New Delhi – 2 (Pan: Aagpg6344M) (Appellant) (Respondent) Appellant By : Sh. Amit Goel, Ca Respondent By : Mr. Javed Akhtar, Cit(Dr) Date Of Hearing : 08.10.2024 Date Of Pronouncement : 15.10.2024 Order

section 147/148 of the Act are not applicable in such cases. No contrary decision has been brought to our notice. Accordingly, we hold that initiation of proceedings u/s 147/148 by the AO to reassess the income is illegal being without jurisdiction and consequently the reassessment order passed u/s 147 r.w.s. 143(3) is also illegal and void ab initio

DCIT, CENTRAL CIRCLE-8, NEW DELHI vs. BHAIJEE COMMODITIES PVT. LTD., DELHI

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

reassessment of income. However, on appraisal of facts on merits, the CIT(A) granted partial relief to the extent of Rs.1,50,00,000/- out of additions of Rs.2 crores made under Section 68 in respect of share capital subscribed by various parties. Thus, on merits, the CIT(A) sustained the additions to the extent of Rs.50 lakh under section

BHAIJEE COMMODITIES PVT. LTD.,NEW DELHI vs. ACIT CIRCLE-4(2), NEW DELHI

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

reassessment of income. However, on appraisal of facts on merits, the CIT(A) granted partial relief to the extent of Rs.1,50,00,000/- out of additions of Rs.2 crores made under Section 68 in respect of share capital subscribed by various parties. Thus, on merits, the CIT(A) sustained the additions to the extent of Rs.50 lakh under section

RAJESH KUMAR,SONEPAT vs. ACIT, CENTRAL CIRCLE-2, GURGAON

In the result, cross-appeal filed by the Revenue is dismissed

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

133A of the Act, was carried out at the business premises of the assessee on 30.11.2018 and the Assessing Officer [“AO”] re-opened the assessment u/s 147 of the Act on the basis of material found and impounded during the course of survey operation. A notice u/s 148 of the Act was issued to the assessee on 28.03.2019. In response

DCIT, GURUGRAM vs. RAJESH KUMAR, SONEPAT

In the result, cross-appeal filed by the Revenue is dismissed

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2018-19] Rajesh Kumar, Vs Acit, C/O-Shiva Constructions Co., Central Circle-2, Plot No.69, Sidharth Enclave, Gurgaon. Delhi Road Sonipat, Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent [Assessment Year : 2018-19] Dcit, Vs Rajesh Kumar, Gurgaon. C/O-Shiva Constructions Co., Plot No.69, Sidharth Enclave, Delhi Road,Sonipat, Haryana-131001. Pan-Bkspk2518K Appellant Respondent Appellant By Shri Umesh Takkar, Ca & Shri Saurabh Nagpal, Ca Respondent By Shri P N Barnwal, Sr.Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 07.08.2024 Order Per Kul Bharat, Jm : These Two Cross-Appeals Filed By The Assessee & The Revenue, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax(Appeals) [“Ld.Cit(A)”]-3, Gurgaon Dated 31.10.2022 For The Assessment Year 2018-19. Both Appeals Of The Assessee & The Revenue Are Heard Together & Are Being Disposed Off By Way Of Common Order For The Sake Of Brevity.

133A of the Act, was carried out at the business premises of the assessee on 30.11.2018 and the Assessing Officer [“AO”] re-opened the assessment u/s 147 of the Act on the basis of material found and impounded during the course of survey operation. A notice u/s 148 of the Act was issued to the assessee on 28.03.2019. In response

CHIRAG KIRPAL,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumarchirag Kirpal, Vs. Acit, C/O. Anuj Bhatia, C-3, Bali International Taxation, Nagar, New Raja Garden, Gurgaon New Delhi (Appellant) (Respondent) Pan: Bwxpk8788D Assessee By : Shri. S. K. Gupta, Ca Revenue By: Shri M. S. Nethrapal, Cit Dr Date Of Hearing 17/09/2025 Date Of Pronouncement 30/09/2025

u/s 144C(5). 2. The preliminary issue to be decided in this appeal is as to whether the assumption of jurisdiction by the Learned AO could be construed as valid when the notice under section 148 of the Act was issued by the Learned Jurisdictional Assessing Officer (JAO) in the facts and circumstances of the instant case. 3. We have

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

133A and were not seized u/s 132. At this stage, a reference is made to the provisions of section 153C which are reproduced below:- Assessment of income of any other person. “153C. [(1)]Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion

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

133A and were not seized u/s 132. At this stage, a reference is made to the provisions of section 153C which are reproduced below:- Assessment of income of any other person. “153C. [(1)]Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion

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

133A and were not seized u/s 132. At this stage, a reference is made to the provisions of section 153C which are reproduced below:- Assessment of income of any other person. “153C. [(1)]Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion

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

133A and were not seized u/s 132. At this stage, a reference is made to the provisions of section 153C which are reproduced below:- Assessment of income of any other person. “153C. [(1)]Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion

SJM INTERNATIONAL LTD.,NEW DELHI vs. DCIT, CIRCLE- 24(20, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

reassessed at the returned income of Rs.58,49,432/- on 27.03.2014 u/s 147/143(3) of the Act. Again, AO received information from Investigation Wing vide letter dated 15.03.2012 that assessee had obtained accommodation entries amounting to Rs.50,00,000/- under the garb of share capital/share premium from Aseem Gupta group, whose residential and business premises were searched/surveyed by the Investigation

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE-18, DELHI

In the result, the appeals of the revenue in ITA No

Bench: Sh. C.N. Prasad & Sh. M. Balaganesh

147, for the very same year is nothing but rowing and fishing enquiries, which is impermissible. 7. That on the facts & circumstances of the case and in law, the CIT(A) did not appreciate that the information based on which order u/s. 153A/143(3) of the Act was concluded, was already available with the Income-tax Department. Inter-alia, Assessing

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-18, NEW DELHI

In the result, the appeals of the revenue in ITA No

Bench: Sh. C.N. Prasad & Sh. M. Balaganesh

147, for the very same year is nothing but rowing and fishing enquiries, which is impermissible. 7. That on the facts & circumstances of the case and in law, the CIT(A) did not appreciate that the information based on which order u/s. 153A/143(3) of the Act was concluded, was already available with the Income-tax Department. Inter-alia, Assessing