All Cargo Global Logistics Ltd. v. DCIT

137 ITD 287Income Tax Appellate Tribunal2012#51 most cited

What is All Cargo Global Logistics Ltd. v. DCIT authority for?

In non-abated assessments, the Assessing Officer can make additions under section 153A based on books of accounts or documents found during a search but not produced during the original assessment, provided such material is incriminating.

907

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

All Cargo Global Logistics Ltd. v. DCIT · section 153A · section 132 · incriminating material · search and seizure · non-abated assessments · books of accounts · documents not produced · original assessment · ITAT Mumbai

Also reported as

18 ITR (Trib) 10618 ITR 106147 TTJ 51316 Taxmann.com 101

Sections most often in play

Section 153ASection 143(3)Section 147Section 148Section 153DSection 132Section 1961Section 153C

Issues it is cited on

casus omissussection 158b(b)section 153(a)section 158bb(1)deemed dividendsection 2(22)section 153a(1)(b)section 2(22)(e)accumulated profitssection 158bbretracted statementsection 153(1)

Judgments citing All Cargo Global Logistics Ltd. v. DCIT

Nimbus Multicommodity Brokers Pvt. Ltd.(Formerly Nimbus Multicommodity Brokers Ltd.), New Delhi vs. DCIT, CC-2, Noida

In the result, the appeal of the assessee in ITA No

ITA 923/DEL/2021[2012-13]Status: DisposedITAT Delhi12 Jan 2022AY 2012-13

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 925/Del/2021 : Asstt. Year : 2010-11 Ita No. 926/Del/2021 : Asstt. Year : 2011-12 Ita No. 927/Del/2021 : Asstt. Year : 2012-13 Ita No. 928/Del/2021 : Asstt. Year : 2013-14 Ita No. 929/Del/2021 : Asstt. Year : 2014-15 Nimbus Project Ltd., Vs Dcit, 1001-1006, Narain Manzil, 23, Central Circle-2, Barakhamba Road, New Delhi-110001 Noida (Appellant) (Respondent) Pan No. Aaacn0116H Ita No. 923/Del/2021 : Asstt. Year : 2012-13 Nimbus Multi Commodity Brokers Pvt. Vs Dcit, Ltd. (Formerly Nimbus Multi Commodity Central Circle-2, Brokers Ltd.), 1001-1006, Narain Noida Manzil, 23, Barakhamba Road, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacn2195G Ita No. 924/Del/2021 : Asstt. Year : 2012-13 Bipin Agarwal, Vs Dcit, 1001-1006, Narain Manzil, 23, Central Circle-2, Barakhamba Road, New Delhi-110001 Noida (Appellant) (Respondent) Pan No. Aewpa2901C Assessee By : Sh. Rajiv Khandelwal, Ca Revenue By : Ms. Deepshikha Sharma, Cit Dr Date Of Hearing: 11.11.2021 Date Of Pronouncement: 12.01.2022

For Appellant: Sh. Rajiv Khandelwal, CAFor Respondent: Ms. Deepshikha Sharma, CIT DR
Section 132Section 153Section 153ASection 153DSection 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R. R. Kumar, Accountant Member (Through Video Conferencing) ITA No. 925/Del/2021 : Asstt. Year : 2010-11 ITA No. 926/Del/2021 : Asstt. Year : 2011-12 ITA No. 927/Del/2021 : Asstt. Year : 2012-13 ITA No. 928/Del/2021 : Asstt. Year : 2013-14 ITA No. 929/Del/2021 : Asstt. Year : 2014-15 Nimbus Project Ltd., Vs DCIT, 1001-1006, Narain Manzil, 23, Central Circle-2, Barakhamba Road, New Delhi-110001 Noida (APPELLANT) (RESPONDENT) PAN No. AAACN0116H ITA No. 923/Del/2021 : Asstt. Year : 2012-13 Nimbus Mult…

Sambhavanath Infrabuild Farms (Successor to Lodha Construction P. Ltd P. Ltd., Mumbai vs. Asstt. CIT, Central Circle-7(3), Mumbai

ITA 1897/MUM/2020[2011-12]Status: DisposedITAT Mumbai06 Jan 2022AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blesambhavnath Infrabuild & Farms Pvt. Ltd., V. Asst. Cit– Central Circle – 7(3) {Successor To Lodha Construction Pvt. Ltd.,} Room No. 655, 6Th Floor 412, 4Th Floor, 17G Vardhaman Chamber Aayakar Bhavan, M.K. Road Cawasji Patel Road, Horniman Circle Mumbai - 400020 Fort, Mumbai - 400001 Pan: Aalcs1394M (Appellant) (Respondent) Assessee By : Shri Anuj Kisnadwala Department By Shri B.K. Bagchi

For Appellant: Shri Anuj Kisnadwala
Section 147Section 148Section 148(2)Section 153ASection 69D

…nt order dated 31-12- 2010 passed u/s 143(3) r.w.s. 147 is quashed.” ii) While giving the above findings, Hon'ble ITAT (Vizag) has very strongly relied on the two judgments of Hon’ble Mumbai ITAT in the cases of (a) All cargo Global Logistics and ors vs DCIT [137 ITD 287] (b) State Bank of India vs DCIT [22 ITR 609 Mum]. The operational part of these decisions are reproduced by the ITAT (Vizag) which is quoted as under: All cargo Global Logistics and ors vs DOT [137 ITD 287] "52. The provision comes into operation if a search or requisition is initiated after 31.5.2003. On satisfaction of this condition, the AO i…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

ITA 615/MUM/2021[2015-16]Status: DisposedITAT Mumbai05 Jan 2022AY 2015-16

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153ASection 68

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). The Ld AR submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CIT…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

ITA 586/MUM/2021[20174-15]Status: DisposedITAT Mumbai05 Jan 2022

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153ASection 68

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). The Ld AR submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CIT…

M/S. Uma Polymers Ltd, Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

ITA 585/MUM/2021[2013-14]Status: DisposedITAT Mumbai05 Jan 2022AY 2013-14

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153ASection 68

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). The Ld AR submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CIT…

M/S. Uma Polymers Ltd, Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

ITA 584/MUM/2021[2012-13]Status: DisposedITAT Mumbai05 Jan 2022AY 2012-13

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153ASection 68

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). The Ld AR submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CIT…

M/S. Uma Polymers Ltd, Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

ITA 583/MUM/2021[2011-12]Status: DisposedITAT Mumbai05 Jan 2022AY 2011-12

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153ASection 68

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). The Ld AR submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CIT…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

ITA 582/MUM/2021[2010-11]Status: DisposedITAT Mumbai05 Jan 2022AY 2010-11

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153ASection 68

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). The Ld AR submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CIT…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

ITA 581/MUM/2021[2009-10]Status: DisposedITAT Mumbai05 Jan 2022AY 2009-10

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153ASection 68

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). The Ld AR submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CIT…

Smt. Sarita Lodha, Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

ITA 237/MUM/2021[2016-17]Status: DisposedITAT Mumbai05 Jan 2022AY 2016-17

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Respondent: Shri Rakesh Garg
Section 10(38)Section 132Section 143(3)

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). He further submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CI…

Smt. Sarita Lodha, Mumbai vs. The Dy CIT, Central Circle-4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

ITA 236/MUM/2021[2010-11]Status: DisposedITAT Mumbai05 Jan 2022AY 2010-11

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Respondent: Shri Rakesh Garg
Section 10(38)Section 132Section 143(3)

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). He further submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CI…

Shri. Shripal Raj Lodha, Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

ITA 1336/MUM/2021[2011-12]Status: DisposedITAT Mumbai05 Jan 2022AY 2011-12

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Respondent: Shri Rakesh Garg
Section 10(38)Section 132Section 143(3)

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). He further submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CI…

Smt. Shruti Lodha, Mumbai vs. Asst CIT CC 4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

ITA 621/MUM/2020[2014-15]Status: DisposedITAT Mumbai05 Jan 2022AY 2014-15

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Respondent: Shri Rakesh Garg
Section 10(38)Section 132Section 143(3)

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). He further submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CI…

Smt. Shruti Lodha, Mumbai vs. Asst CIT CC 4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

ITA 620/MUM/2020[2013-14]Status: DisposedITAT Mumbai05 Jan 2022AY 2013-14

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Respondent: Shri Rakesh Garg
Section 10(38)Section 132Section 143(3)

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). He further submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CI…

Shri. Shripal Raj Lodha, Mumbai vs. Dy CIT CC 4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

ITA 619/MUM/2020[2014-15]Status: DisposedITAT Mumbai05 Jan 2022AY 2014-15

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Respondent: Shri Rakesh Garg
Section 10(38)Section 132Section 143(3)

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). He further submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CI…

Smt. Sarita Lodha, Mumbai vs. Dy CIT CC 4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

ITA 618/MUM/2020[2014-15]Status: DisposedITAT Mumbai05 Jan 2022AY 2014-15

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Respondent: Shri Rakesh Garg
Section 10(38)Section 132Section 143(3)

…ot abated, the jurisdiction of the Assessing Officer to make any addition is restricted only to issues where any incriminating material has been found during the course of the search, as held by the Special Bench in the case of All Cargo Logistics Ltd. v ACIT 137 ITD 287 (Mum) (SB) and as affirmed by the jurisdictional High Court in the case of Continental Warehousing Corporation Ltd. (supra). He further submitted that the decision of the Hon’ble Jurisdictional High Court has been consistently followed in subsequent case as below: - (i). Pr. CIT vs. Reynold Shirtings Ltd. (ITA No. 830 of 2017) (Bom) (ii). Pr. CI…

Assistant Commissioner of Income Tax, Circle-2, Guwahati vs. Fortune Vanijya Private Limited, Guwahati

In the result both the appeal of the Revenue and the cross objections of the assessee stands partly allowed

ITA 21/GTY/2021[2011-12]Status: DisposedITAT Guwahati10 Dec 2021AY 2011-12

Bench: Shri P.M. Jagtap, Hon’Ble V.P (Kz) & Shri A. T. Varkey, Jm]

Section 132Section 132(4)Section 142(1)Section 153ASection 153CSection 68

…an 223 (Del HC) ; CIT vs Murli Agro Products Ltd reported in (2014) 49 taxmann.com 172 (Bom HC) ; CIT vs Continental Warehousing Corporation (NhavaSheva) Ltd reported in (2015) 374 ITR 645 (Bom HC) and All Cargo Global Logistics Ltd vs DCIT reported in (2012) 137 ITD 287 (Mum ITAT) (SB). We also find that Revenue’s SLP against the decision of the Hon'ble Delhi High Court in the case of Kabul Chawla (Supra) was dismissed by the Hon'ble Apex Court which is reported in 380 ITR (St.) 4 (SC). 42. The above judgments which were rendered in the context of Section 153A of the Act are mutatis mutandis applicable to Secti…

Dy CIT, CC-7(1), Mumbai vs. Dr. D.Y. Patil Sports Academy, Mumbai

In the result, all the appeals of the Revenue are dismissed

ITA 155/MUM/2021[2011-12]Status: DisposedITAT Mumbai25 Nov 2021AY 2011-12

Bench: Shri Rajesh Kumar & Shri Ravish Sood

For Appellant: Shri Satyaprakash Singh, A.RFor Respondent: Shri Ajay Kumar Sharma, D.R
Section 11Section 12ASection 132(1)Section 143(1)Section 143(3)Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “D”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA Nos.155, 156, 157 & 158/M/2021 Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 DCIT, CC-7(1), M/s. Dr. D.Y. Patil Sports Room No.676B, 6th Floor, Academy, Aayakar Bhavan, Patil Building, M.K. Road, Vs. Opp. MIG Colony, Mumbai - 400020 Adarsh Nagar, Worli, Mumbai – 400 025 PAN: AAATD3202G (Appellant) (Respondent) Present for: Assessee by : Shri Satyaprakash Singh, A.R. Revenue by : Shri Ajay Kumar Sharma, D.R. Date of Hearing : 24.11.2021 Date of Pronouncemen…

Vikram B Tannan, Mumbai vs. Asst CIT Cen Cir 3(2), Mumbai

Accordingly the ground No. 1 raised by the assessee is allowed

ITA 5671/MUM/2017[2007-08]Status: DisposedITAT Mumbai25 Nov 2021AY 2007-08

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2007-08 Mr. Vikram Bodhraj Tanna, Asst. Commissioner Of Income Tax, M/S Capsulation Services Ltd., Vs. Central Circle-20, Capsulations Premises, 1St Floor, Aayakar Bhavan, M.K. Road, New Sion Trombay Road, Deonar, Marine Lines Mumbai-400 088. Mumbai-20. Pan No. Aabpt 3016 G Appellant Respondent Assessment Year: 2007-08 Mr. Vikram Bodhraj Tanna, Asst. Commissioner Of Income Tax, M/S Capsulation Services Ltd., Vs. Central Circle-3(2), Capsulations Premises, 1St Floor, Room No. 402, Aayakar Bhavan, M.K. Sion Trombay Road, Deonar, Road, New Marine Lines Mumbai-400088. Mumbai-20. Pan No. Aabpt 3016 G Appellant Respondent Assessment Year: 2007-08 Dcit Cc 3(2), Central Range-3, Mr. Vikram Bodhraj Tanna, Room No. 1913, 19Th Floor, Air Vs. M/S Capsulation Services Ltd., India Building, Nariman Point, Capsulations Premises, 1St Floor, Mumbai-400020. Sion Trombay Road, Deonar, Mumbai-400088. Pan No. Aabpt 3016 G Appellant Respondent Assessee By : Mr. J.D. Mistry, Ar Revenue By : Mr. Jacinta, Dr Date Of Hearing : 30/09/2021 Date Of Pronouncement : 25/11/2021

For Appellant: Mr. J.D. Mistry, ARFor Respondent: Mr. Jacinta, DR
Section 132Section 139Section 143(2)Section 143(3)Section 153A

…us now examine in detail the ratio laid down by the Hon'ble jurisdictional High court as well as Hon 'ble special bench in the case of Continental ware housing/ All cargo. Pursuant to the judgment of the Special Bench of the ITAT in All Cargo Global Logistics 137 ITD 287 (SB) (Mum) the Bombay High Court considered following two Questions: (i) whether scope of assessment u/s 153A in respect of completed assessments is limited to only undisclosed income and undisclosed assets detected during search and Mr. Vikram Bodhraj Tanna (ii) whether in view of the Circular of the CBDT No. 10/2005 the assessee was entitled to…

Vikram B Tannan, Mumbai vs. Asst CIT Cen Cir 20, Mumbai

Accordingly the ground No. 1 raised by the assessee is allowed

ITA 7323/MUM/2016[2007-08]Status: DisposedITAT Mumbai25 Nov 2021AY 2007-08

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2007-08 Mr. Vikram Bodhraj Tanna, Asst. Commissioner Of Income Tax, M/S Capsulation Services Ltd., Vs. Central Circle-20, Capsulations Premises, 1St Floor, Aayakar Bhavan, M.K. Road, New Sion Trombay Road, Deonar, Marine Lines Mumbai-400 088. Mumbai-20. Pan No. Aabpt 3016 G Appellant Respondent Assessment Year: 2007-08 Mr. Vikram Bodhraj Tanna, Asst. Commissioner Of Income Tax, M/S Capsulation Services Ltd., Vs. Central Circle-3(2), Capsulations Premises, 1St Floor, Room No. 402, Aayakar Bhavan, M.K. Sion Trombay Road, Deonar, Road, New Marine Lines Mumbai-400088. Mumbai-20. Pan No. Aabpt 3016 G Appellant Respondent Assessment Year: 2007-08 Dcit Cc 3(2), Central Range-3, Mr. Vikram Bodhraj Tanna, Room No. 1913, 19Th Floor, Air Vs. M/S Capsulation Services Ltd., India Building, Nariman Point, Capsulations Premises, 1St Floor, Mumbai-400020. Sion Trombay Road, Deonar, Mumbai-400088. Pan No. Aabpt 3016 G Appellant Respondent Assessee By : Mr. J.D. Mistry, Ar Revenue By : Mr. Jacinta, Dr Date Of Hearing : 30/09/2021 Date Of Pronouncement : 25/11/2021

For Appellant: Mr. J.D. Mistry, ARFor Respondent: Mr. Jacinta, DR
Section 132Section 139Section 143(2)Section 143(3)Section 153A

…us now examine in detail the ratio laid down by the Hon'ble jurisdictional High court as well as Hon 'ble special bench in the case of Continental ware housing/ All cargo. Pursuant to the judgment of the Special Bench of the ITAT in All Cargo Global Logistics 137 ITD 287 (SB) (Mum) the Bombay High Court considered following two Questions: (i) whether scope of assessment u/s 153A in respect of completed assessments is limited to only undisclosed income and undisclosed assets detected during search and Mr. Vikram Bodhraj Tanna (ii) whether in view of the Circular of the CBDT No. 10/2005 the assessee was entitled to…