D.C.I.T., CIRCLE-1, DIBRUGARH vs. MADAN LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA (HUF), DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. USHA BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. MEENAKSHI BAMALWA SONI, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. BHAGWATI DEVII BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. VISHAL BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINOD BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE-1, DIBRUGARH vs. PRAMOD KUMAR BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

D.C.I.T., CIRCLE-1, DIBRUGARH vs. SHEETAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

unexplained cash credits received. 3. Whether a fact emanating from the statement recorded during search operation could be sufficient to initiate and complete the proceedings u/s 153A/153D of the Income Tax Act. 4. The appellant craves the leave to add/modify/alter any or all the grounds during the course of hearing/pendency of appeal.” 4. As far as the Cross Objections raised

SHRI KOMAL KUMBHAT,GUWAHATI vs. INCOME TAX OFFICER, WARD-2(1), GUWAHATI

Bench: Shri Sanjay Gargi.T.A No.136/Gty/2020 Assessment Year: 2014-15 Shri Komal Kumbhat…………...................................................……Appellant 234, G.N.B Road, 2Nd Floor, Opposite Gauhati Club Bus Stand-Above Sarita Restaurant, Guwahati-781003. [Pan: Aedpk8036P] Vs. Ito, Ward-2(1), Guwahati...…...................……........……...…..…..Respondent Appearances By: Shri H. S. Kumbhat, Ar, Appeared On Behalf Of The Appellant. Shri N. T. Sherpa, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 14, 2023 Date Of Pronouncing The Order : May 25, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 02.03.2020 Of The Commissioner Of Income Tax (Appeals)- Guwahati-1, Guwahati (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Through Various Grounds Of Appeal Has Agitated Two Issues I.E. (I) Addition Made/Confirmed By The Lower Authorities On Long-Term Capital Gains Claimed By The Assessee Of Rs.21,80,417/- Treating The Same As Bogus & Thereby Adding The Same

Gain with the total income of the assessee as unexplained investment.” 5. The ld. CIT(A) confirmed the addition so made by the Assessing Officer. 6. Before us, the ld. Counsel for the assessee has submitted that the aforesaid company i.e. Kappac Pharma Ltd in which the assessee has traded was listed in Bombay Stock Exchange. That the Assessing Officer

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. SHRI PANNALAL BHANSALI, GUWAHATI

In the result, appeal of the revenue as well as the Cross

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2016-17

unexplained cash credit u/s. 68 of the Act b) Addition on account of Long Term - Rs.2,58,69,249/- Capital Gain (LTCG) claimed as exemption u/s. 10(38) and Short Term Capital Gain (STCG) c) Disallowance of loss from trading - Rs.20,22,293/- in commodity and F&O derivatives 2.2. In the addition and disallowance at (a) and (b) above

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, DIBRUGARH, DIBRUGARH vs. SANTOSH BAMALWA, DIBRUGARH

In the result, appeal of the revenue is dismissed and the cross- objection filed by the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 104/Gty/2023 Assessment Year: 2012-13 Assistant Commissioner Of Income Smt. Santosh Bamalwa Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 34/Gty/2023 Assessment Year: 2012-13 Smt. Santosh Bamalwa Assistant Commissioner Of Income Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate Revenue By : Shri Arun Bhowmick, Jcit, D/R सुनवाई क" तारीख/Date Of Hearing : 01/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 13/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Filed By The Revenue & The Cross-Objection Filed By The Assessee Are Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Central, North-East Region, Guwahati (Hereinafter The “Ld. Cit(A)”) Dt. 14/07/2023, Passed U/S

unexplained cash credit. In appeal before the ld. CIT(A), assessee got relief on the ground that no incriminating material were found during the course of search pertaining to the alleged transaction giving rise to alleged long term capital gain and since the year under consideration is Assessment Year 2012-13 and the time limit to select the case

AGRIM INFRAPROJECT PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, this appeal of the assessee i

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

unexplained cash credit on account of share capital/security premium/share application money was uncalled for, unjustified and thus the same be deleted. (8) For that in the facts and circumstance of this case the material based on which the Ld Assessment Officer passed the assessment order are collected behind the back of the assessee and which were not provided during