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2022 (1) TMI 426

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..... te orders of the Commissioner of Income Tax [Appeals] - 27, New Delhi dated 12.07.2018 pertaining to Assessment Year 2010-11. Since the appeals and cross objections were heard together and the underlying facts in issues are identical, all these are being disposed off by this common order for the sake of convenience and brevity. 2. The representatives of both the sides agreed that the underlying facts in issues in the captioned appeals and cross objections were identical. Therefore, on such concession, we heard both the representatives on the facts of ITA No. 6176/DEL/2018 and CO No. 213/DEL/2018. 3. Briefly stated, the facts of the case are that search & seizure and survey operations u/s 132/133A of the Income-tax Act, 1961 [hereinafter r .....

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..... 4, B.B.D BAG EAST, KOLKATA-700001 12,500 12,5000 2,375,000 3 VIKRAM FINANCIAL SERVICES LTD  STEPHEN HOUSE, 1ST FLOOR, ROOM NO.03,4, B.B.D BAG EAST, KOLKATA-700001 5,000 5,0000 950,000 4 VIKRAM FINANCIAL SERVICES LTD  STEPHEN HOUSE, 1ST FLOOR, ROOM NO.03,4, B.B.D BAG EAST, KOLKATA-700001 12,500 12,5000 2,375,000 5 VIKRAM FINANCIAL SERVICES LTD  STEPHEN HOUSE, 1ST FLOOR, ROOM NO.03,4, B.B.D BAG EAST, KOLKATA-700001 7,500 7,5000 1,425,000 6 BADAL COMMOTRADE PRIVATE LIMITED 18 A, RAMKANTA BOSE STREET, KOLKATA, WEST BANGAL-700003 10,000 10,0000 1,900,000 7 CONTSHIP COMMODITIES PVT. LTD. 85 N.S.ROAD, KOLKATA -01 15,000 15,0000 2,850,000 8 GILTEDGE VINCOM PRIVATE LIMITED 85 N.S.ROAD, KOLKATA -01 .....

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..... 2 LAL BAZAR ST. MERCANTILE BUILDING, BLOCK- C, KOLKATA- 700001 20,000 20,0000 3,800,000 24 PABLA LEASING 85 FINANCE PRIVATE 9/12 LAL BAZAR ST. MERCANTILE BUILDING, BLOCK- C, KOLKATA- 700001 20,000 20,0000 3,800,000 25 BALASARLA HOLDING PRIVATE LIMITED 3, DISMBER JAIN TEMPLE ROAD,2ND FLOOR, KOLKATA-7 25,000 25,0000 4,750,000 26 MILLENNIUM INNOVATIONS HMP HOUSE,4, FAIRLIE PLACE, 6TH FLOOR, ROOM NO.607, KOLKATA, WEST BENGAL-700001 12,500 12,5000 2,375,000 27 TIEUP TRADING PVT. LTD. WANDLALYUS HOUSE, 25 SWALLOW LANE 4TH FLOOR, HARE ST KOLKATA WEST 10,000 10,0000 1,900,000 28 DOLPHIN MERCHANDISE HMP HOUSE,4, FAIRLIE PLACE, 6TH FLOOR, ROOM NO.607, KOLKATA, WEST BENGAL-700001 25,000 25,0000 4,750,000 29 PICASONA .....

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..... d u/s 153A of the Act is devoid of any incriminating evidence found and drawing support from the decision of the Hon'ble Jurisdictional High Court of Delhi in the case of Kabul Chawla 380 ITR 573, the ld. CIT(A) directed the Assessing Officer to delete the impugned addition. 11. Before us, the ld. DR vehemently stated that the entries in the books of account are also incriminating material if unsubstantiated during search proceedings. It is the say of the ld. DR that the list of transfer of shares, which could not be explained properly, is incriminating material for the year under consideration. Therefore, the decision relied upon by the ld. CIT(A) is factually different from the facts of the case in hand. 12. We have given thoughtful .....

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