EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

section 68 of the Act considering that the identity of the non-resident remitter and flow/ source of funds stood established through FIPB approval and FIRCs issued by the authorized dealer/ RBI. The relevant observations of the Tribunal as under: “11. We have heard rival contentions and perused the material available on record. The first and foremost question

ITO, NEW DELHI vs. M/S. ELATIVE BUILDING SOLUTIONS PVT. LTD., NEW DELHI

In the result, appeal of assessee is allowed

section 68 of the Act and submitted that it basically carries the heading: ‘Cash Credit.’ Therefore, if there is no cash transaction, then, the said provisions cannot be applicable. Referring to the decision of the Hon’ble Calcutta High Court in the case of Jatia Investment Company vs. CIT, 206 ITR 718, he submitted that the Hon’ble High

ACIT, HARIDWAR vs. M/S SANT STEEL & ALLOYS (P) LTD., KOTDWAR

In the result, appeals filed by Revenue in ITA No

Bench: Sh. I.C. Sudhir & Sh. O.P. Kant

section 14, 68, 70 and 71 of IT Act. AYs: 2003-04 & 2008-09 3. The order of the learned

ACIT, HARIDWAR vs. M/S SANT STEEL & ALLOYS (P) LTD., KOTDWAR

In the result, appeals filed by Revenue in ITA No

Bench: Sh. I.C. Sudhir & Sh. O.P. Kant

section 14, 68, 70 and 71 of IT Act. AYs: 2003-04 & 2008-09 3. The order of the learned

GUPTA CITI SHELTERS LTD. vs. COMMISSIONER OF INCOME TAX NEW DELHI

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 148 of the Act. In the facts of the case, there will be no order as to costs." 70. In respect of Assessment year 2002-03 also additions were made under Section 68 read with Section 69C of the Act after reopening assessment under Section 147/148of the Act. For the aforesaid reasons, even not1ce

GUPTA CITI SHELTERS LTD. vs. COMMISSIONER OF INCOME TAX NEW DELHI

Appeals of the assessee are allowed

Section 148 of the Act. In the facts of the case, there will be no order as to costs." 70. In respect of Assessment year 2002-03 also additions were made under Section 68 read with Section 69C of the Act after reopening assessment under Section 147/148of the Act. For the aforesaid reasons, even not1ce

ITO, WARD-25(2), NEW DELHI vs. TELPLAY PACKAGING SOLUTIONS P.LTD, NEW DELHI

The appeal of the Revenue is dismissed

Bench: SHRI ANUBHAV SHARMA (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

section 68 of the Act are not applicable. He thus, prayed that the order of the Ld. CIT(A) deserves to be uphold. 6. We have heard the rival submissions and perused the materials available on record. In the instant case, the Ld. CIT(A) has deleted the additions by observing in para 3.2 of his order as under

CIT vs. JH FINVEST PVT LTD

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

71,O/2O1,O, ITA No.E of ?ALL. ITA No.339 of 2OLL( ITA No.613 of 2OtL ancl ITA No.726 of 2O1"! ,' Reserved on: 2Srh November, 2077 Pronounced on: 23'd Dql:qnhgr, 2077 ITA No.972l2OO9 Cornmissiorre:r of Income Tax -II, Central Revenue Building, New Delhi VERSUS Kamdhenu Steel & Alloys Ltd. I'rA ruo.rS24l2OOE Gupta Citi Shelters Ltd. VERSUS Ccmmissioner

COMMISSIONER OF INCOME TAX vs. VIJAY FOILS P.LTD.

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

71,O/2O1,O, ITA No.E of ?ALL. ITA No.339 of 2OLL( ITA No.613 of 2OtL ancl ITA No.726 of 2O1"! ,' Reserved on: 2Srh November, 2077 Pronounced on: 23'd Dql:qnhgr, 2077 ITA No.972l2OO9 Cornmissiorre:r of Income Tax -II, Central Revenue Building, New Delhi VERSUS Kamdhenu Steel & Alloys Ltd. I'rA ruo.rS24l2OOE Gupta Citi Shelters Ltd. VERSUS Ccmmissioner

CIT vs. LAXMAN INDUSTRIAL RESOURCES LTD

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

71,O/2O1,O, ITA No.E of ?ALL. ITA No.339 of 2OLL( ITA No.613 of 2OtL ancl ITA No.726 of 2O1"! ,' Reserved on: 2Srh November, 2077 Pronounced on: 23'd Dql:qnhgr, 2077 ITA No.972l2OO9 Cornmissiorre:r of Income Tax -II, Central Revenue Building, New Delhi VERSUS Kamdhenu Steel & Alloys Ltd. I'rA ruo.rS24l2OOE Gupta Citi Shelters Ltd. VERSUS Ccmmissioner

COMMISSIONER OF INCOME TAX-III vs. SHAM MOHAN PVT LTD

Appeals of the assessee are allowed

71,O/2O1,O, ITA No.E of ?ALL. ITA No.339 of 2OLL( ITA No.613 of 2OtL ancl ITA No.726 of 2O1"! ,' Reserved on: 2Srh November, 2077 Pronounced on: 23'd Dql:qnhgr, 2077 ITA No.972l2OO9 Cornmissiorre:r of Income Tax -II, Central Revenue Building, New Delhi VERSUS Kamdhenu Steel & Alloys Ltd. I'rA ruo.rS24l2OOE Gupta Citi Shelters Ltd. VERSUS Ccmmissioner

INFOMEDIARY INDIA PVT LTD vs. COMMISSIONER OF INCOME TAX

Appeals of the assessee are allowed

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

71,O/2O1,O, ITA No.E of ?ALL. ITA No.339 of 2OLL( ITA No.613 of 2OtL ancl ITA No.726 of 2O1"! ,' Reserved on: 2Srh November, 2077 Pronounced on: 23'd Dql:qnhgr, 2077 ITA No.972l2OO9 Cornmissiorre:r of Income Tax -II, Central Revenue Building, New Delhi VERSUS Kamdhenu Steel & Alloys Ltd. I'rA ruo.rS24l2OOE Gupta Citi Shelters Ltd. VERSUS Ccmmissioner

INFOMEDIARY INDIA PVT LTD vs. COMISSIONER OF INCOME TAX

Appeals of the assessee are allowed

71,O/2O1,O, ITA No.E of ?ALL. ITA No.339 of 2OLL( ITA No.613 of 2OtL ancl ITA No.726 of 2O1"! ,' Reserved on: 2Srh November, 2077 Pronounced on: 23'd Dql:qnhgr, 2077 ITA No.972l2OO9 Cornmissiorre:r of Income Tax -II, Central Revenue Building, New Delhi VERSUS Kamdhenu Steel & Alloys Ltd. I'rA ruo.rS24l2OOE Gupta Citi Shelters Ltd. VERSUS Ccmmissioner

COMMISSIONER OF INCOME TAX vs. VIJAY FOILS P.LTD.

Appeals of the assessee are allowed

71,O/2O1,O, ITA No.E of ?ALL. ITA No.339 of 2OLL( ITA No.613 of 2OtL ancl ITA No.726 of 2O1"! ,' Reserved on: 2Srh November, 2077 Pronounced on: 23'd Dql:qnhgr, 2077 ITA No.972l2OO9 Cornmissiorre:r of Income Tax -II, Central Revenue Building, New Delhi VERSUS Kamdhenu Steel & Alloys Ltd. I'rA ruo.rS24l2OOE Gupta Citi Shelters Ltd. VERSUS Ccmmissioner

PREM RATTAN GUPTA,NEW DELHI vs. ITO, WARD-39(1), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2014-15 Smt. Kamlesh Rani, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Alpr0483C) (Appellant) (Respondent) Ay: 2014-15 Vishal Kashyap, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Bmypk9851L) (Appellant) (Respondent) Ay: 2014-15 Prem Rattan Gupta, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg5856G) (Appellant) (Respondent)

68 of the act or to annul the assessment order itself. On careful perusal of the decision of the Hon‘ble Supreme Court, it is noted that such direction were given by the Hon‘ble Supreme Court in the case of writ petition filed by the assessee before the Hon‘ble High Court and therefore Supreme Court held that

VISHAL KASHYAP,NEW DELHI vs. ITO, WARD-39(1), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2014-15 Smt. Kamlesh Rani, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Alpr0483C) (Appellant) (Respondent) Ay: 2014-15 Vishal Kashyap, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Bmypk9851L) (Appellant) (Respondent) Ay: 2014-15 Prem Rattan Gupta, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg5856G) (Appellant) (Respondent)

68 of the act or to annul the assessment order itself. On careful perusal of the decision of the Hon‘ble Supreme Court, it is noted that such direction were given by the Hon‘ble Supreme Court in the case of writ petition filed by the assessee before the Hon‘ble High Court and therefore Supreme Court held that

KAMLESH RANI,NEW DELHI vs. ITO, WARD-39(1), NEW DELHI

In the result, all the 03 appeals of the assessees are partly allowed

Bench: Shri H.S. Sidhuay: 2014-15 Smt. Kamlesh Rani, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Alpr0483C) (Appellant) (Respondent) Ay: 2014-15 Vishal Kashyap, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Bmypk9851L) (Appellant) (Respondent) Ay: 2014-15 Prem Rattan Gupta, Vs. Ito, Ward 39(1), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaepg5856G) (Appellant) (Respondent)

68 of the act or to annul the assessment order itself. On careful perusal of the decision of the Hon‘ble Supreme Court, it is noted that such direction were given by the Hon‘ble Supreme Court in the case of writ petition filed by the assessee before the Hon‘ble High Court and therefore Supreme Court held that

NASEEM SAAD,NEW DELHI vs. ITO, WARD-46(5), NEW DELHI

In the result, all the 04 appeals of all the above assessee are partly

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

68 of the act or to annul the assessment order itself. On careful perusal of the decision of the Hon‘ble Supreme Court, it is noted that such direction were given by the Hon‘ble Supreme Court in the case of writ petition filed by the assessee before the Hon‘ble High Court and therefore Supreme Court held that

NAZIA ZAFAR,DELHI vs. ITO, WARD- 46(3), NEW DELHI

In the result, all the 04 appeals of all the above assessee are partly

Bench: Shri H.S. Sidhuay : 2014-15 Nazia Zafar, Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaipz25398) (Appellant) (Respondent) Ay: 2015-16 Naseem Zafar Vs. Ito, Ward 46(3), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aaapz2495G) (Appellant) (Respondent) Ay: 2015-16 Vs. Naseem Saad Ito, Ward 46(5), C/O Kapil Goel, Advocate, New Delhi F-26/124, Sector-7, Rohini, Delhi (Pan: Aarps3364A (Appellant) (Respondent) Ay: 2015-16

68 of the act or to annul the assessment order itself. On careful perusal of the decision of the Hon‘ble Supreme Court, it is noted that such direction were given by the Hon‘ble Supreme Court in the case of writ petition filed by the assessee before the Hon‘ble High Court and therefore Supreme Court held that