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Sapra Metal Co.,, Delhi vs Ito, New Delhi on 9 March, 2017

Hence, respectfully following the above precedents in the case of Signature Hotels (P) Ltd. vs. ITO and Unique Metal Industries vs. ITO, I decide the legal issue in dispute in favor of the Assessee and against the Revenue and accordingly quash the reassessment proceedings and allow the legal ground no. 2 raised by the Assessee in its Appeal. Since I have quashed the reassessment proceedings, as aforesaid, the other issues are not being dealt with.
Income Tax Appellate Tribunal - Delhi Cites 12 - Cited by 6 - Full Document

Varun Tibrewal, New Delhi vs Assessee on 31 October, 2013

7. Having gone through the decisions relied upon by the parties, we find that in the case of Signature Hotels Pvt. Ltd. vs. ITO (supra) almost similar are the facts, wherein validity of notice issued u/s 148 was questioned. In that case also the various proceedings were initiated on the basis of information received from the investigation wing of the department that the assessee had introduced money amounting to Rs. 5 lacs during the financial year 2002-03 as stated in the annexure. According to the information the amount received from a company was nothing but an accommodation entry , the assessee was the beneficiary. The Hon'ble High Court held that the reasons did not satisfy the requirement of section 147 of the Act. There was no reference of any document or statement, except the annexure. It was held that the annexure could not be regarded as a material or evidence that prima facie shows or establishes nexus or link which disclosed escapement of income. The annexure was not a pointer and did not indicate escapement of income. Further, the AO did not apply his own mind to the information and examine the basis and material of the information. The relevant extract of the above decision is reproduced hereunder :
Income Tax Appellate Tribunal - Delhi Cites 8 - Cited by 0 - Full Document

Dcit, Central Circle - 2(1), Kolkata , ... vs M/S. Yaduka Financial Services Ltd., , ... on 19 July, 2019

M/s. Yaduka Financial Services Ltd., AY 2009-10 28.4 The Court in Signature Hotels Pvt. Ltd. v. Income Tax Officer (supra) quashed the proceedings under Section 148 of the Act. The facts in the present case are more or less similar. The present case is therefore covered against the Revenue by the aforementioned decision.
Income Tax Appellate Tribunal - Kolkata Cites 68 - Cited by 2 - Full Document

Shree Bhagwan, Delhi vs Assessee on 10 September, 2015

In the background of the aforesaid discussions, we are of the considered opinion that the facts and circumstances of the present case are similar to that of Hotel Signature's case which was decided by the Hon'ble Delhi High Court, as aforesaid, therefore, respectfully following the same reasoning, we decide the legal issue in dispute 7 ITA NO. 877/DEL/2012 in favor of the Assessee and against the Revenue and accordingly quash the reassessment proceedings. The other issues are not dealt with as the same have become academic in nature.
Income Tax Appellate Tribunal - Delhi Cites 9 - Cited by 0 - Full Document

Gurmeet Singh, New Delhi vs Assessee on 15 June, 2016

In the background of the aforesaid discussions, I am of the considered opinion that the facts and circumstances of the present case are similar to that of 6 ITA NO. 3793/DEL/2014 Signature's Hotel case which was decided by the Hon'ble Delhi High Court, as aforesaid, therefore, respectfully following the same reasoning, I decide the legal issue in dispute in favor of the Assessee and against the Revenue and accordingly quash the reassessment proceedings. The other issues are not dealt with as the same have become academic in nature.
Income Tax Appellate Tribunal - Delhi Cites 6 - Cited by 0 - Full Document

Govind Kripa Builders And Promoters ... vs Assessee on 19 December, 2014

7. We have heard both the counsel and perused the records, specially the Paper Books filed by the assessee, orders of the Revenue authorities. As regards the effective ground in this appeal relating to reassessment proceedings u/s. 148 of the I.T. Act is concerned, the Assessee has reiterated that reassessment proceedings are illegal and without jurisdiction in the absence of any tangible evidence or material in respect of any undisclosed income and recording of requisite satisfaction in respect of any such undisclosed income. After hearing both the parties on the issue in dispute as well as after going through the orders passed by the Revenue Authorities alongwith order dated 21.7.2011 passed by the Hon'ble Jurisdictional High Court in the case of Signature Hotels P. Ltd. vs. Income Tax Officer [2011] 338 ITR 0051 wherein the Hon'ble High Court has held matter as under:-
Income Tax Appellate Tribunal - Delhi Cites 5 - Cited by 0 - Full Document
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