SUHASIT STAR TRADING PRIVATE LIMITED,MUMBAI vs. ITO, WARD-15(3)(4), MUMBAI
IN THE INCOME-TAX APPELLATE TRIBUNAL “F” BENCH,
MUMBAI
BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER
&
SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER
Suhasit Star Trading Pvt.
Ltd.
01, Laura Building No. 13/21,
1st Dhobi Talao Lane, Mumbai–
400002, Maharashtra v/s.
बनाम
Income Tax Officer, Ward –
15(3)(4),
Room
No.
15B,
Ground
Floor,
Aayakar
Bhavan,
M.K.
Road,
Mumbai
–
400020,
Maharashtra
स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAPCS3728K
Appellant/अपीलाथी
..
Respondent/प्रतिवादी
Income Tax Officer, Ward –
15(3)(4), Room No. 456, 4th
Floor,
Aayakar
Bhavan,
M.K.
Road,
Mumbai
–
400020, Maharashtra v/s.
बनाम
Suhasit Star Trading Pvt.
Ltd.
Office
No.
312,
Sharda
Chambers No. 1, Keshavji N,
Bhat Bazar, Masjid Bunder,
Mumbai–400009, Maharashtra
स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAPCS3728K
Appellant/अपीलार्थी
..
Respondent/प्रतिवादी
Appellant by :
Shri Neeraj Mangla,AR (Virtually appear)
Respondent by :
Ms. Kavita Kaushik, (Sr. DR)
Date of Hearing
28.08.2025
Date of Pronouncement
09.10.2025
आदेश / O R D E R
PER PRABHASH SHANKAR [A.M.] :-
The above captioned appeal in ITA 4623/MUM/2023 is preferred by the assessee and ITA 4771/MUM/2023 is cross appeal
P a g e | 2
ITA No. 4623& 4771/Mum/2023
A.Y. 2017-18
Suhasit Star Trading Pvt. Ltd., Mumbai filed by the Revenue against the order passed by the Learned
Commissioner of Income-tax (Appeals)/National Faceless Appeal
Centre, Delhi [hereinafter referred to as “CIT(A)”] pertaining to the assessment orders passed u/s. 143(1)of the Income-tax Act, 1961
[hereinafter referred to as “Act”]for the Assessment Year [A.Y.] 2017-
18.Since the issues are interlinked and also the fact that appeals were heard together, they are being taken up together for adjudication vide this composite order for the sake of brevity.
The grounds of both the appeals are as under:- 1. That the assessment order passed by Ld. AO as well as the appellate order passed by Ld. CIT(A) are bad in law and have been passed in contravention of prevailing law as well as facts of the case, therefore liable to be annulled. 2. That the assessment order passed by the Ld. AO is further illegal because of being passed without having a valid juri iction over the case of the assessee company. 3. That the Ld. AO grossly erred in law and in facts of the case in making additions and Ld. CIT(A) grossly erred in upholding additions of Rs. 1,61,98,774/- to the income of the assessee company only on surmises, presumptions and conjectures. 4. That the Ld. AO as well as Ld. CIT(A) grossly erred in law and in facts of the case in charging commission on failed banking transactions of Rs. 1,56,70,750/-. 5. That the Ld. AO as well as Ld. CIT(A) grossly erred in law and in facts of the case in presuming and assessing commission income from transactions within group companies. 6. That the rate of commission being 3% adopted by Ld. CIT(A) in the case of assessee is excessive and unreasonable. 7. That the invoking of provisions of Sec. 68 r.w.s. 115BBE of the Act for levy of tax at higher rate on commission income is not tenable under the law.
P a g e | 3
ITA No. 4623& 4771/Mum/2023
A.Y. 2017-18
Suhasit Star Trading Pvt. Ltd., Mumbai
ADDITIONAL GROUNDS OF APPEAL
1. That the notice issued u/s 143(2) of the Act on 22/09/2019 being issued without complying to the CBDT Instruction F. No. 225/157/2017/ITA-II dated
23.06.2017 and without mentioning type of scrutiny under which the case of the assessee has been selected is not valid as per provisions of Act.
2. That the assessment order dated 30/12/2019 passed u/s 143(3) of the Act is not tenable under the law because of being passed after the assessee company was struck off by