AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2017 (7) TMI 809
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....ppeals is identical and therefore once the appeal in the case of Sh. Ranjan Ahuja in ITA Nos. 3896/D/2016 is decided, other appeals having the identical issues will follow the same order. The ld. counsel proceeded to argue in the case of Sh. Ranjan Ahuja. 3. The grounds of appeal taken are reproduced herein below:- "1. That the order passed by the Hon'ble CIT(A) is bad in Law, wrong on facts and against the principles of natural justice. 2(a) That the proceedings initiated under section 147 of the Income Tax Act, 1961 are void-ab-initio and the re-assessment is bad in law. The assessment u/s 147 has been completed on wholly erroneous interpretation of section 147 of the Income Tax Act. The conditions precedent imperative for the issua....
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....eclaration of gift by the donor alongwith her affidavit, bank statement of the donor and the acknowledgment of income tax return of the donor and therefore the identity of the donor, genuineness of the transaction and the creditworthiness of the donor stands proved and therefore the question of making an addition in respect of gift received does not arise at all. 4. The Hon'ble CIT(A) has erred in confirming the addition of Rs. 1000/- being alleged payment of commission @ 0.25% on the gift received without having any evidence in this regard and the addition has been made merely on conjectures and surmises. 5. The Hon'ble CIT(A) while computing the addition of Rs. 4 Lacs u/s 68 of the Income Tax Act has failed to appreciate the fact th....
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....ya Ahuja has taken bogus accommodation entries from the following parties in lieu of unaccounted money paid by the above named assessee. As per Annexure enclosed with the above letter DIT(Inv. Unit- I), New Delhi dated 5.2.2007 the detail of transaction made by the above assessee is as under Date Amount Cheque No. Name of the party 400600 00874601 Renu Maini 400600 00874501 RenuMaim (SBI Indore) The relevant assessment year involved is 2003-04. In view the above facts, I am satisfied that Smt. Bindiya Ahuja, R/o Ashok Vihar, Phase-I, New Delhi has concealed his income Rs. 8,01,200/- for taxation. Since the aount income which has escaped assessment more than 100000/-, therefore, notice u/s. 148 of the I. T. Act, 19....
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....ssessee company has introduced its own unaccounted money in its bank account by way of above accommodation entries." The above conclusion is unhelpful in understanding whether the AO applied his mind to the materials that he talks about particularly since he did not describe what those materials were. Once the date on which the so called accommodation entries were provided is known, it would not have been difficult for the AO, if he had in fact undertaken the exercise, to make a reference to the manner in which those very entries were provided in the accounts of the Assessee, which must have been tendered along with the return, which was filed on 14th November 2004 and was processed under Section 142(2) of the Act. Without forming a prima f....
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....to be erroneous. No substantial question of law arises. 15. The appeal is dismissed." 11. In view of above, I am of the considered view that the aforesaid issue in dispute is exactly the similar and identical to the issue involved in the present appeal and is squarely covered by the aforesaid decision of the HonTDle High Court of Delhi in the case of G&G Pharma (Supra). Hence, respectfully following the above precedent in the case of Pr. CIT-4 vs. G&G Pharma India Ltd. (Supra) 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 issue. Since I have already quashed the reassessment proceedings, as aforesaid, the other issues are not b....