Ahmedabad Electricity Co. Ltd. v. CIT

DCIT 8(2), Mumbai vs. Mumbai International Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

Bench: Shri P K Bansal & Shri Pawan Singh

…the decisions of Hon’ble Supreme Court in the case of National Thermal Power Corporation v. CIT [229 ITR 383 (SC)]; Jute Corporation of India vs. CIT [187 ITR 688(SC)] and that of the Full Bench order in the case of Ahmedabad Electricity Co. Ltd. vs. CIT [199 ITR 351(Bom) (FB)] 7. The learned DR, on the other hand, objected to the admission of the additional ground and contended that this issue has been decided in A.Y. 2008-09 against the assessee. In subsequent years i.e. A.Ys 2009-10 and 2010-11, there were no issue before the Assessing Officer or the CIT(A). This ground is taken for the first time before…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(2), Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

Bench: Shri P K Bansal & Shri Pawan Singh

…the decisions of Hon’ble Supreme Court in the case of National Thermal Power Corporation v. CIT [229 ITR 383 (SC)]; Jute Corporation of India vs. CIT [187 ITR 688(SC)] and that of the Full Bench order in the case of Ahmedabad Electricity Co. Ltd. vs. CIT [199 ITR 351(Bom) (FB)] 7. The learned DR, on the other hand, objected to the admission of the additional ground and contended that this issue has been decided in A.Y. 2008-09 against the assessee. In subsequent years i.e. A.Ys 2009-10 and 2010-11, there were no issue before the Assessing Officer or the CIT(A). This ground is taken for the first time before…

DCIT 8(2), Mumbai vs. Mumbai Internaiotnal Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

Bench: Shri P K Bansal & Shri Pawan Singh

…the decisions of Hon’ble Supreme Court in the case of National Thermal Power Corporation v. CIT [229 ITR 383 (SC)]; Jute Corporation of India vs. CIT [187 ITR 688(SC)] and that of the Full Bench order in the case of Ahmedabad Electricity Co. Ltd. vs. CIT [199 ITR 351(Bom) (FB)] 7. The learned DR, on the other hand, objected to the admission of the additional ground and contended that this issue has been decided in A.Y. 2008-09 against the assessee. In subsequent years i.e. A.Ys 2009-10 and 2010-11, there were no issue before the Assessing Officer or the CIT(A). This ground is taken for the first time before…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(20, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

Bench: Shri P K Bansal & Shri Pawan Singh

…the decisions of Hon’ble Supreme Court in the case of National Thermal Power Corporation v. CIT [229 ITR 383 (SC)]; Jute Corporation of India vs. CIT [187 ITR 688(SC)] and that of the Full Bench order in the case of Ahmedabad Electricity Co. Ltd. vs. CIT [199 ITR 351(Bom) (FB)] 7. The learned DR, on the other hand, objected to the admission of the additional ground and contended that this issue has been decided in A.Y. 2008-09 against the assessee. In subsequent years i.e. A.Ys 2009-10 and 2010-11, there were no issue before the Assessing Officer or the CIT(A). This ground is taken for the first time before…

Essar Power Ltd, Mumbai vs. Addl CIT RG 5(1), Mumbai

In the result, this appeal by the assessee stands partly allowed

…ayed that the additional ground may be admitted: 3 Essar Power Limited vs. Addl. CIT 1. National Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383 (SC) 2. Jute Corporation of India v. CIT [1991] 187 ITR 688 (SC) 3. Ahmedabad Electricity Co. Ltd. v. CIT (1993) 199 ITR 351 (Bom) (FB) 5. Upon hearing both the Counsel and perusing the record, we admit with the additional ground and, accordingly, proceed to adjudicate the additional ground raised. In this case, the DRP has passed the direction dated 31.12.2013. As per the ld. Counsel of the assessee, the A.O. has time to pass the consequential order till 28.02.2014 a…

Bhavesh P. Gandhi, Mumbai vs. ACIT Cen Cir 38, Mumbai

In the result, this appeal filed by the assessee stands allowed

Bench: Shri Shamim Yahya, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No.6580/Mum/2016 ("नधा"रण वष" / Assessment Year: 2007-08) Mr. Bhavesh P. Gandhi Acit, Central Circle – 38, Now Dcit-Cc-6(3), 19Th Floor, C/O. Skil House, 209, Bank Street बनाम/ Cross Lane, Fort, Mumbai-400 023 Air India Building, Nariman Point, Vs. Mumbai-400 021 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabpg 9515 D (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri S. K. Mutsaddi ""यथ" क" ओर से/Respondent By : Shri B. Pruseth

…wing prayer : Ground Nos. 1 & 2 are additional legal Grounds, which go to the root of the appeal and it is humbly prayed that by following the decisions in Jute Corporation of India v. CIT – 187 ITR 688 (Supreme Court), Ahmedabad Electricity Co. Ltd. v. CIT – 199 ITR 351 (Bom.) & CIT v. Prithvi Brokers & Shareholders Pvt. Ltd. – 349 ITR 336 (Bom.), the same be admitted. 4. At the outset it is noted that there is a delay of nine days in filing the appeal. The reasonable cause for the delay has been attributed to the illness of the ld. Counsel. 5. Upon hearing both the counsels and perusing the records, we condon…

Krupa Land Ltd, Mumbai vs. DCIT Cen Cir 39, Mumbai

In the result, the appeal of assessee is allowed and that of the Revenue is dismissed

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am The Jt. Commissioner Of Krupa Land Limited Income Tax (O.S.D), Cc-39, 11, B-Wing, Mittal Towers, Mumbai Free Press Journal Marg, Vs. R. No. 32(1), Ground Floor, Nariman Point, Aayakar Bhavan, M.K. Road, Mumbai-400 021 Mumbai-400 020 Appellant .. Respondent Pan No. Aadck1521E Krupa Land Limited Dy. Commissioner Of 11 ‘B’ Wing, Mittal Tower Income Tax, Cc-39 Nariman Point, Mumbai-400 Mumbai 021 Appellant .. Respondent Pan No. Aadck1521E Revenue By .. Shri Anadi Varma, Cit Dr Assessee By .. Shri Vijay Mehta, Ar Date Of Hearing .. 27-09-2017 Date Of Pronouncement .. 11-10-2017

…and adjudicated. In this regard, Ld Counsel relied on the case law of Hon’ble Supreme Court in the case of National Thermal Power Corporation v CIT [229 ITR 383 (SC)] and also of Hon’ble Bombay High Court in the case of Ahmedabad Electricity Co. Ltd. v. CIT [199 ITR 351 (Born) (FB)]. For this assessee raised the following additional ground: - “On the facts and in the circumstances of the case and in law, the Ld. CIT(A) ought to have held that in the absence of satisfaction note record in the case of the searched person i.e. Shri Dilip Dherai, the assessment proceedings under section 143C of the Act are bad-in-…

DCIT CC 39, Mumbai vs. Krupa Land Ltd, Mumbai

In the result, the appeal of assessee is allowed and that of the Revenue is dismissed

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am The Jt. Commissioner Of Krupa Land Limited Income Tax (O.S.D), Cc-39, 11, B-Wing, Mittal Towers, Mumbai Free Press Journal Marg, Vs. R. No. 32(1), Ground Floor, Nariman Point, Aayakar Bhavan, M.K. Road, Mumbai-400 021 Mumbai-400 020 Appellant .. Respondent Pan No. Aadck1521E Krupa Land Limited Dy. Commissioner Of 11 ‘B’ Wing, Mittal Tower Income Tax, Cc-39 Nariman Point, Mumbai-400 Mumbai 021 Appellant .. Respondent Pan No. Aadck1521E Revenue By .. Shri Anadi Varma, Cit Dr Assessee By .. Shri Vijay Mehta, Ar Date Of Hearing .. 27-09-2017 Date Of Pronouncement .. 11-10-2017

…and adjudicated. In this regard, Ld Counsel relied on the case law of Hon’ble Supreme Court in the case of National Thermal Power Corporation v CIT [229 ITR 383 (SC)] and also of Hon’ble Bombay High Court in the case of Ahmedabad Electricity Co. Ltd. v. CIT [199 ITR 351 (Born) (FB)]. For this assessee raised the following additional ground: - “On the facts and in the circumstances of the case and in law, the Ld. CIT(A) ought to have held that in the absence of satisfaction note record in the case of the searched person i.e. Shri Dilip Dherai, the assessment proceedings under section 143C of the Act are bad-in-…

Jsw Holdings Ltd, Mumbai vs. DCIT 5(2), Mumbai

In the result, the appeal of the assessee is treated as partly allowed

Bench: Shri Sanjay Garg & Sh Rajesh Kumarassessment Year: 2011-12

…1062]. The Tribunal, while relying upon the decision of the Hon’ble Supreme Court in the case of “National Thermal Power Company Ltd. vs. CIT” 229 ITR 383, Full Bench of the Hon’ble High Court in the case of “Ahmedabad Electricity Co. Ltd. vs. CIT” (1993) 199 ITR 351, another decision of the Hon’ble Bombay High Court in the case of “CIT vs. “CIT vs. Pruthvi Brokers and Shareholders Pvt. Ltd.” (2012) 349 ITR 336 (Bom.) has held that the appellate authorities have jurisdiction to deal not merely with additional ground which became available on account of change of circumstances or law, but with additional gr…

Rel Utility Engimeers Ltd, Mumbai vs. DCIT 10(1), Mumbai

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri Sanjay Garg & Shri Rajesh Kumarassessment Year: 2009-10 M/S. Crest Logistics & Addl. Cit-10(1), Engineers Private Limited, [New Jurisdiction Addl. Cit (Erstwhile Rel Utility 14(3)(1)] Engineers Ltd. Formerly Known Aayakar Bhavan, As Rel Utility Engineers Ltd. M.K. Road, Vs. Formerly Known As Mumbai - 400020 Sonata Investments Ltd.), Devidas Lane, Near Mtnl, Off Svp Road, Borivali (W) – 400 103 Pan: Aaccr 7266A (Appellant) (Respondent) Assessment Year: 2009-10 Dy. Commissioner Of Income M/S. Crest Logistic & Tax-14(1)(2), Engineering Ltd., Room No.470, 4Th Floor, (Formerly Known As Sonata Aayakar Bhavan, Investments Ltd.) Maharshi Karve Road, Vs. 307, Charted House, Mumbai - 400020 297/299, Dr. Cawasji Hormosji Street, New Marine Lines, Mumbai – 400 002 Pan: Aaccr 7266A (Appellant) (Respondent)

…for adjudication though finally decided against the assessee. The full bench of the Hon’ble Bombay High Court in the cases of “Ahmedabad Electricity Company Ltd. vs. CIT” and “Godavari Sugar Mills Ltd. vs. CIT” by way of a common order dated 30.04.1992 (1993) 199 ITR 351 has observed that the basic purpose of an appeal procedure in an income tax matter is to ascertain the correct tax liability of the assessee in accordance with law. Therefore, at both the stages, either by the Appellate Assistant Commissioner or before the Appellate Tribunal, the appellate authority can consider the proceedings before it and the…

DCIT 10(1), Mumbai vs. Sonata Investments Ltd, Mumbai

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri Sanjay Garg & Shri Rajesh Kumarassessment Year: 2009-10 M/S. Crest Logistics & Addl. Cit-10(1), Engineers Private Limited, [New Jurisdiction Addl. Cit (Erstwhile Rel Utility 14(3)(1)] Engineers Ltd. Formerly Known Aayakar Bhavan, As Rel Utility Engineers Ltd. M.K. Road, Vs. Formerly Known As Mumbai - 400020 Sonata Investments Ltd.), Devidas Lane, Near Mtnl, Off Svp Road, Borivali (W) – 400 103 Pan: Aaccr 7266A (Appellant) (Respondent) Assessment Year: 2009-10 Dy. Commissioner Of Income M/S. Crest Logistic & Tax-14(1)(2), Engineering Ltd., Room No.470, 4Th Floor, (Formerly Known As Sonata Aayakar Bhavan, Investments Ltd.) Maharshi Karve Road, Vs. 307, Charted House, Mumbai - 400020 297/299, Dr. Cawasji Hormosji Street, New Marine Lines, Mumbai – 400 002 Pan: Aaccr 7266A (Appellant) (Respondent)

…for adjudication though finally decided against the assessee. The full bench of the Hon’ble Bombay High Court in the cases of “Ahmedabad Electricity Company Ltd. vs. CIT” and “Godavari Sugar Mills Ltd. vs. CIT” by way of a common order dated 30.04.1992 (1993) 199 ITR 351 has observed that the basic purpose of an appeal procedure in an income tax matter is to ascertain the correct tax liability of the assessee in accordance with law. Therefore, at both the stages, either by the Appellate Assistant Commissioner or before the Appellate Tribunal, the appellate authority can consider the proceedings before it and the…

Nareshkumar Malhotra, Mumbai vs. ACIT Cir 19(1), Mumbai

In the result appeals of the assessee is allowed

Bench: Shri G.S. Pannu & Shri Pawan Singh

…ITA No.7953/M/2010 Naresh Kumar Malhotra IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “B”, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA No.7953/Mum/2010 for Assessment Year: 2004-05 Naresh Kumar Malhotra, ACIT, C/o KPMG, 1st Floor, Central Circle-19(1) Lodha Excelus, Apollo Mills Mumbai Vs. Compound, N.M. Joshi Marg, Mumbai -400061 (Appellant) (Respondent) Assessee represented by S/Sh. Naresh Kumar, Paras Savla and Ms. Sharddha Swarup - ARs Revenue represented by Sh. Suman Kumar -DR Date of hearing 17.04.2017 Date of order 28.04.2017 Order under section 254(1) of…