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

Nanda Kumari, Chennai vs. ITO Non Corporate Ward 1(4), Chennai

In the result the appeals of the assessee are partly allowed

ITA 2924/CHNY/2017[2007-08]Status: DisposedITAT Chennai14 Nov 2018AY 2007-08

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

For Appellant: Shri Srinivasa Rao, CITFor Respondent: 30.08.2018
Section 132Section 142(2)Section 143(3)Section 153ASection 153CSection 234ASection 234BSection 250(6)

…ing document found during the course of the search and therefore additions cannot be made U/s.153C r.w.s. 153A of the Act. Reliance was placed in the decision of the Mumbai Bench of the Tribunal in the case M/s. All Cargo Global Logistics Ltd., reported in 137 ITD 237 and the decision of the Chennai Bench of the Tribunal in the case M/s. OM Shakthy Agencies (Madras) Pvt. Ltd. At the outset we don’t find any merit in the submission of the Ld.AR. From the facts of the case, it appears that the assessee has filed her return of income for the relevant assessment years only after the issuance of notice U/s.153C r…

Nanda Kumari, Chennai vs. ITO Non Corporate Ward 1(4), Chennai

In the result the appeals of the assessee are partly allowed

ITA 2923/CHNY/2017[2006-07]Status: DisposedITAT Chennai14 Nov 2018AY 2006-07

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

For Appellant: Shri Srinivasa Rao, CITFor Respondent: 30.08.2018
Section 132Section 142(2)Section 143(3)Section 153ASection 153CSection 234ASection 234BSection 250(6)

…ing document found during the course of the search and therefore additions cannot be made U/s.153C r.w.s. 153A of the Act. Reliance was placed in the decision of the Mumbai Bench of the Tribunal in the case M/s. All Cargo Global Logistics Ltd., reported in 137 ITD 237 and the decision of the Chennai Bench of the Tribunal in the case M/s. OM Shakthy Agencies (Madras) Pvt. Ltd. At the outset we don’t find any merit in the submission of the Ld.AR. From the facts of the case, it appears that the assessee has filed her return of income for the relevant assessment years only after the issuance of notice U/s.153C r…

M/S Rpa Developers, Ludhiana vs. DCIT, CC-III, Ludhiana

In the result, all the appeals filed by the assessee are hereby allowed

ITA 1026/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh16 Oct 2018AY 2013-14

Bench: Shri Sanjay Garg & Ms. Annapurna Gupta

For Appellant: Sh. Pankaj Bhalla, CAFor Respondent: Smt. Anita Sinha, CIT DR alongwith
Section 132(1)Section 139(1)Section 143(2)Section 153CSection 250(6)Section 3Section 36(1)(iii)Section 72

…not done originally u/s. 143(3) hence the estimation in question has been rightly made u/s. 153A of the Act by the AO. He has further contended that the principal laid down by the Special Bench of the Tribunal in the case of “All Cargo Global Logistics Ltd.” 137 ITD 287 can be applied to the case where the original assessment was completed u/s. 143(3) of the Act and not to the case where the return was processed u/s. 143(1) of the Act. 9. We have considered the submissions of the learned DR. So far so the reliance placed by him in the case of “Rajesh Jhaveri Stock Brokers P. Ltd.” (supra) is concerned, we may ob…

ACIT Central Circle 2 (2), Chennai vs. R P Dharmalingam, Chennai

In the result, all the four appeals filed by the Revenue are dismissed

ITA 1103/CHNY/2018[2014-15]Status: DisposedITAT Chennai05 Oct 2018AY 2014-15

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita Nos.1100, 1101, 1102 & 1103/Chny/2018 "नधा"रण वष" / Assessment Years : 2009-10, 2011-12, 2013-14 & 2014-15

For Appellant: Smt. Ruby George, CITFor Respondent: Shri K.M. Mohandass, CA
Section 132Section 143(1)Section 143(2)Section 143(3)Section 153A

…Departmental Representative, submitted that the CIT(Appeals) without going into the merit of the appeals, allowed the claim of the assessee by placing reliance on the decision of Special Bench of this Tribunal in All Cargo Global Logistics Ltd. v. DCIT (2012) 137 ITD 287. The Ld. D.R. submitted 3 I.T.A. Nos.1100 to 1103/Chny/18 that even though no material was found during the course of search operation, when there was a search, the Assessing Officer was expected to complete the assessment under Section 153A of the Income-tax Act, 1961 (in short 'the Act'). The Ld. D.R. placed her reliance on the judgment of…

ACIT Central Circle 2 (2), Chennai vs. R P Dharmalingam, Chennai

In the result, all the four appeals filed by the Revenue are dismissed

ITA 1102/CHNY/2018[2013-14]Status: DisposedITAT Chennai05 Oct 2018AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita Nos.1100, 1101, 1102 & 1103/Chny/2018 "नधा"रण वष" / Assessment Years : 2009-10, 2011-12, 2013-14 & 2014-15

For Appellant: Smt. Ruby George, CITFor Respondent: Shri K.M. Mohandass, CA
Section 132Section 143(1)Section 143(2)Section 143(3)Section 153A

…Departmental Representative, submitted that the CIT(Appeals) without going into the merit of the appeals, allowed the claim of the assessee by placing reliance on the decision of Special Bench of this Tribunal in All Cargo Global Logistics Ltd. v. DCIT (2012) 137 ITD 287. The Ld. D.R. submitted 3 I.T.A. Nos.1100 to 1103/Chny/18 that even though no material was found during the course of search operation, when there was a search, the Assessing Officer was expected to complete the assessment under Section 153A of the Income-tax Act, 1961 (in short 'the Act'). The Ld. D.R. placed her reliance on the judgment of…

ACIT Central Circle 2 (2), Chennai vs. R P Dharmalingam, Chennai

In the result, all the four appeals filed by the Revenue are dismissed

ITA 1101/CHNY/2018[2011-12]Status: DisposedITAT Chennai05 Oct 2018AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita Nos.1100, 1101, 1102 & 1103/Chny/2018 "नधा"रण वष" / Assessment Years : 2009-10, 2011-12, 2013-14 & 2014-15

For Appellant: Smt. Ruby George, CITFor Respondent: Shri K.M. Mohandass, CA
Section 132Section 143(1)Section 143(2)Section 143(3)Section 153A

…Departmental Representative, submitted that the CIT(Appeals) without going into the merit of the appeals, allowed the claim of the assessee by placing reliance on the decision of Special Bench of this Tribunal in All Cargo Global Logistics Ltd. v. DCIT (2012) 137 ITD 287. The Ld. D.R. submitted 3 I.T.A. Nos.1100 to 1103/Chny/18 that even though no material was found during the course of search operation, when there was a search, the Assessing Officer was expected to complete the assessment under Section 153A of the Income-tax Act, 1961 (in short 'the Act'). The Ld. D.R. placed her reliance on the judgment of…

ACIT Central Circle 2 (2), Chennai vs. R P Dharmalingam, Chennai

In the result, all the four appeals filed by the Revenue are dismissed

ITA 1100/CHNY/2018[2009-10]Status: DisposedITAT Chennai05 Oct 2018AY 2009-10

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita Nos.1100, 1101, 1102 & 1103/Chny/2018 "नधा"रण वष" / Assessment Years : 2009-10, 2011-12, 2013-14 & 2014-15

For Appellant: Smt. Ruby George, CITFor Respondent: Shri K.M. Mohandass, CA
Section 132Section 143(1)Section 143(2)Section 143(3)Section 153A

…Departmental Representative, submitted that the CIT(Appeals) without going into the merit of the appeals, allowed the claim of the assessee by placing reliance on the decision of Special Bench of this Tribunal in All Cargo Global Logistics Ltd. v. DCIT (2012) 137 ITD 287. The Ld. D.R. submitted 3 I.T.A. Nos.1100 to 1103/Chny/18 that even though no material was found during the course of search operation, when there was a search, the Assessing Officer was expected to complete the assessment under Section 153A of the Income-tax Act, 1961 (in short 'the Act'). The Ld. D.R. placed her reliance on the judgment of…

DCIT Cen Cir 5(1), Mumbai vs. Anand Rathi Finanical Services Ltd, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed as indicated above

ITA 958/MUM/2017[2014-15]Status: DisposedITAT Mumbai26 Sept 2018AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Vijay Mehta &For Respondent: Shri R.P. Meena &
Section 132Section 143Section 14ASection 153Section 153A

…d in the circumstances of the case and in law, Ld. CIT(A) erred in setting aside the assessment made u/s 153(A) r.w.s 143(3) of the Income Tax Act, 1961 by relying upon the decision of ITAT, (S.B), Mumbai in the case of All Cargo Global Logistic Ltd. vs. DCIT 137 ITD 287, when the said decision has not been accepted by the department and has not yet attained finality." "2. On the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in deleting the addition made u/s 14A by the A.O by setting aside the assessment made u/s 153A r.w.s. 143(3) by relying upon the decision of ITAT (S.B), Mumbai in Al…

DCIT Cen Cir 5(1), Mumbai vs. Anand Rathi Finanical Services Ltd, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed as indicated above

ITA 957/MUM/2017[2013-14]Status: DisposedITAT Mumbai26 Sept 2018AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Vijay Mehta &For Respondent: Shri R.P. Meena &
Section 132Section 143Section 14ASection 153Section 153A

…d in the circumstances of the case and in law, Ld. CIT(A) erred in setting aside the assessment made u/s 153(A) r.w.s 143(3) of the Income Tax Act, 1961 by relying upon the decision of ITAT, (S.B), Mumbai in the case of All Cargo Global Logistic Ltd. vs. DCIT 137 ITD 287, when the said decision has not been accepted by the department and has not yet attained finality." "2. On the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in deleting the addition made u/s 14A by the A.O by setting aside the assessment made u/s 153A r.w.s. 143(3) by relying upon the decision of ITAT (S.B), Mumbai in Al…

DCIT Cen Cir 5(1), Mumbai vs. Anand Rathi Finanical Services Ltd, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed as indicated above

ITA 956/MUM/2017[2012-13]Status: DisposedITAT Mumbai26 Sept 2018AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Vijay Mehta &For Respondent: Shri R.P. Meena &
Section 132Section 143Section 14ASection 153Section 153A

…d in the circumstances of the case and in law, Ld. CIT(A) erred in setting aside the assessment made u/s 153(A) r.w.s 143(3) of the Income Tax Act, 1961 by relying upon the decision of ITAT, (S.B), Mumbai in the case of All Cargo Global Logistic Ltd. vs. DCIT 137 ITD 287, when the said decision has not been accepted by the department and has not yet attained finality." "2. On the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in deleting the addition made u/s 14A by the A.O by setting aside the assessment made u/s 153A r.w.s. 143(3) by relying upon the decision of ITAT (S.B), Mumbai in Al…

DCIT Cen Cir 5(1), Mumbai vs. Anand Rathi Finanical Services Ltd, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed as indicated above

ITA 955/MUM/2017[2011-12]Status: DisposedITAT Mumbai26 Sept 2018AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Vijay Mehta &For Respondent: Shri R.P. Meena &
Section 132Section 143Section 14ASection 153Section 153A

…d in the circumstances of the case and in law, Ld. CIT(A) erred in setting aside the assessment made u/s 153(A) r.w.s 143(3) of the Income Tax Act, 1961 by relying upon the decision of ITAT, (S.B), Mumbai in the case of All Cargo Global Logistic Ltd. vs. DCIT 137 ITD 287, when the said decision has not been accepted by the department and has not yet attained finality." "2. On the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in deleting the addition made u/s 14A by the A.O by setting aside the assessment made u/s 153A r.w.s. 143(3) by relying upon the decision of ITAT (S.B), Mumbai in Al…

DCIT Cen Cir 5(1), Mumbai vs. Anand Rathi Finanical Services Ltd, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed as indicated above

ITA 954/MUM/2017[2010-11]Status: DisposedITAT Mumbai26 Sept 2018AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Vijay Mehta &For Respondent: Shri R.P. Meena &
Section 132Section 143Section 14ASection 153Section 153A

…d in the circumstances of the case and in law, Ld. CIT(A) erred in setting aside the assessment made u/s 153(A) r.w.s 143(3) of the Income Tax Act, 1961 by relying upon the decision of ITAT, (S.B), Mumbai in the case of All Cargo Global Logistic Ltd. vs. DCIT 137 ITD 287, when the said decision has not been accepted by the department and has not yet attained finality." "2. On the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in deleting the addition made u/s 14A by the A.O by setting aside the assessment made u/s 153A r.w.s. 143(3) by relying upon the decision of ITAT (S.B), Mumbai in Al…

DCIT Cen Cir 5(1), Mumbai vs. Anand Rathi Finanical Services Ltd, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed as indicated above

ITA 952/MUM/2017[2008-09]Status: DisposedITAT Mumbai26 Sept 2018AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Vijay Mehta &For Respondent: Shri R.P. Meena &
Section 132Section 143Section 14ASection 153Section 153A

…d in the circumstances of the case and in law, Ld. CIT(A) erred in setting aside the assessment made u/s 153(A) r.w.s 143(3) of the Income Tax Act, 1961 by relying upon the decision of ITAT, (S.B), Mumbai in the case of All Cargo Global Logistic Ltd. vs. DCIT 137 ITD 287, when the said decision has not been accepted by the department and has not yet attained finality." "2. On the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in deleting the addition made u/s 14A by the A.O by setting aside the assessment made u/s 153A r.w.s. 143(3) by relying upon the decision of ITAT (S.B), Mumbai in Al…

Anand Rathi Financial Services Ltd, Mumbai vs. DCIT Cen Cir 5(1), Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed as indicated above

ITA 843/MUM/2017[2013-14]Status: DisposedITAT Mumbai26 Sept 2018AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Vijay Mehta &For Respondent: Shri R.P. Meena &
Section 132Section 143Section 14ASection 153Section 153A

…d in the circumstances of the case and in law, Ld. CIT(A) erred in setting aside the assessment made u/s 153(A) r.w.s 143(3) of the Income Tax Act, 1961 by relying upon the decision of ITAT, (S.B), Mumbai in the case of All Cargo Global Logistic Ltd. vs. DCIT 137 ITD 287, when the said decision has not been accepted by the department and has not yet attained finality." "2. On the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in deleting the addition made u/s 14A by the A.O by setting aside the assessment made u/s 153A r.w.s. 143(3) by relying upon the decision of ITAT (S.B), Mumbai in Al…

Asst CIT Cen Cir 39, Mumbai vs. Suresh Janardan Raut, Raigad

In the result, the appeal by the Revenue is dismissed and the appeal by the

ITA 6630/MUM/2013[2006-07]Status: DisposedITAT Mumbai18 Sept 2018AY 2006-07

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm

For Appellant: Shri Prakash PanditFor Respondent: Shri R. Manjunatha Swamy
Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI AMARJIT SINGH, JM I.T.A. No. 6630/Mum/2013 (Assessment Year: 2006-07) ACIT, CC-39, R. No. 32(1) M/s. Suresh Janardan Raut Ground Floor, Aayakar Bhavan, Shiv Krupa Niwas, At Kalambusare, Vs. Mumbai-400 020 Post Chirner, Tal. Uran, Dist. Raigad -400 702 PAN/GIR No. AECPR 4088 P (Revenue) : (Assessee) I.T.A. No. 1009/Mum/2014 (Assessment Year: 2008-09) and Cross Objection No. 52/Mum/2015 (Arising out of ITA No. 6630/Mum/2013) (Assessment year : 2006-07) M/s. Suresh Janardan Raut ACIT, CC-39, R. No. 32(1) Vs. Dist. Raigad -40…

Sri Raj Kumar Baid, Kolkata vs. ACIT/DCIT, Circle-36, Kolkata

Appeal is partly allowed

ITA 1050/KOL/2017[2012-13]Status: DisposedITAT Kolkata24 Aug 2018AY 2012-13

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2012-13 Sri Raj Kumar Baid V/S. Dcit, Circle-36, (Pop. M/S Rameshmotors), 110, Shanti Pally, Em 9, Mangoe Lane, 1St Floor, Bye Pass, Near Ruby R. No29, Kolkata-001 Hospital, Aayakar [Pan No.Aeopb 6625 A] Bhawan, Poorva, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sunil Surana, Fca अपीलाथ" क" ओर से/By Appellant Shri S. Dasgupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 25-07-2018 सुनवाई क" तार"ख/Date Of Hearing 24-08-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Calls Into Question Correctness Of Commissioner Of Income Tax (Appeals)-10, Kolkata’S Order Dated 30.03.2017 Passed In Case No.119/Cit(A)-10/Cir-36/15-16/Kol Upholding Assessing Officer’S Action Making Long Term Capital Gains Addition Of ₹37,85,396/- After Invoking Section 50C As Well As The Disallowance The Expenditure Claimed In Question Of ₹2 Lac Allegedly Incurred On Transfer Of Property & Claim As Deduction Involving Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. Learned Counsel Has Filed An Additional Ground First Of All Pleading Therein That Both The Lower Authorities Have Erred In Applying Section 50C Of

Section 143(3)Section 50C

…apex court’s decision in NTPC vs. CIT 229 ITR 383 (SC). We find the Revenue’s sole contention against admission of assessee’s additional ground to be devoid of merit. This Tribunal’s special bench’s decision in All Cargo Global Logistics Ltd. vs. DCIT (2012) 137 ITD 26 (Mum) holds that we can very well entertain such an additional ground for ascertaining an assessee’s correct tax liability in terms with hon'ble apex court’s decision hereinabove. Learned Departmental Representative fails to rebut the fact that the assessee seeks to argue non- application of section 50C only in case of only right to acquire the re…

Tanish Projects P. Ltd, Mumbai vs. DCIT Cen Cir 2(2), Mumbai

In the result, the appeals of Revenue are dismissed and the appeals of assessee are dismissed as infructuous

ITA 2118/MUM/2017[2011-12]Status: DisposedITAT Mumbai24 Aug 2018AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am Aayakr Apila Sam./ Ita Nos. 2117 & 2118 /Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) Tanish Estate Developers Pvt. Ltd. & …… (Apilaaqai- / Appellant) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 Vs. The Dy. Commissioner Of Income Tax, …… (P`%Yaqaai- / Respondent) Central Circle-2(2), Mumbai स्थायी लेखा िं./Pan No. Aacct8448C Aayakr Apila Sam./ Ita No. 1921 & 1928/Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) The Dy. Commissioner Of Income Tax, …… (Apilaaqai- / Appellant) Central Circle-2(2), Pratishtha Bhavan, 8 Th Floor, M.K. Road, Mumbai-400 020 Vs. Tanish Estate Developers Pvt. Ltd. & …… (P`%Yaqaai- / Respondent) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 अपीलाथी की ओर े / Appellant By : Shri Prakash Jhunjhunwala, Ar प्रत्यथी की ओर े / Respondent By : Shri R Manjunatha Swamy, Cit-Dr ुनवाई की तारीख / Date Of Hearing: 08-08-2018 घोषणा की तारीख / Date Of Pronouncement : 24-08-2018

For Appellant: Shri Prakash Jhunjhunwala, ARFor Respondent: Shri
Section 131Section 132Section 142(1)Section 143(3)Section 153ASection 68

…ect in entries recorded in books of accounts seized during u/s 145(3) of the Act. The incriminating material would mean the evidences unearthed during search. 10.6. The Hon'ble ITAT, Mumbai Special bench in the case of All Cargo Global Logistics Ltd vs. DClT 147 TTJ 513 has decided that 'the addition in non abated assessment could only be made on the basis of incriminating material, which in the context of relevant provisions means - (0 books of account, other documents, found in the course of search but not produced in the course of original assessment, and (i))undisclosed income or property discovered in the c…

Tanish Estate Developers P. Ltd, Mumbai vs. DCIT Cen Cir 2(2), Mumbai

In the result, the appeals of Revenue are dismissed and the appeals of assessee are dismissed as infructuous

ITA 2117/MUM/2017[2011-12]Status: DisposedITAT Mumbai24 Aug 2018AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am Aayakr Apila Sam./ Ita Nos. 2117 & 2118 /Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) Tanish Estate Developers Pvt. Ltd. & …… (Apilaaqai- / Appellant) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 Vs. The Dy. Commissioner Of Income Tax, …… (P`%Yaqaai- / Respondent) Central Circle-2(2), Mumbai स्थायी लेखा िं./Pan No. Aacct8448C Aayakr Apila Sam./ Ita No. 1921 & 1928/Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) The Dy. Commissioner Of Income Tax, …… (Apilaaqai- / Appellant) Central Circle-2(2), Pratishtha Bhavan, 8 Th Floor, M.K. Road, Mumbai-400 020 Vs. Tanish Estate Developers Pvt. Ltd. & …… (P`%Yaqaai- / Respondent) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 अपीलाथी की ओर े / Appellant By : Shri Prakash Jhunjhunwala, Ar प्रत्यथी की ओर े / Respondent By : Shri R Manjunatha Swamy, Cit-Dr ुनवाई की तारीख / Date Of Hearing: 08-08-2018 घोषणा की तारीख / Date Of Pronouncement : 24-08-2018

For Appellant: Shri Prakash Jhunjhunwala, ARFor Respondent: Shri
Section 131Section 132Section 142(1)Section 143(3)Section 153ASection 68

…ect in entries recorded in books of accounts seized during u/s 145(3) of the Act. The incriminating material would mean the evidences unearthed during search. 10.6. The Hon'ble ITAT, Mumbai Special bench in the case of All Cargo Global Logistics Ltd vs. DClT 147 TTJ 513 has decided that 'the addition in non abated assessment could only be made on the basis of incriminating material, which in the context of relevant provisions means - (0 books of account, other documents, found in the course of search but not produced in the course of original assessment, and (i))undisclosed income or property discovered in the c…

DCIT CC 2(2), Mumbai vs. Tanish Projects P.Ltd, Mumbai

In the result, the appeals of Revenue are dismissed and the appeals of assessee are dismissed as infructuous

ITA 1928/MUM/2017[2011-12]Status: DisposedITAT Mumbai24 Aug 2018AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am Aayakr Apila Sam./ Ita Nos. 2117 & 2118 /Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) Tanish Estate Developers Pvt. Ltd. & …… (Apilaaqai- / Appellant) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 Vs. The Dy. Commissioner Of Income Tax, …… (P`%Yaqaai- / Respondent) Central Circle-2(2), Mumbai स्थायी लेखा िं./Pan No. Aacct8448C Aayakr Apila Sam./ Ita No. 1921 & 1928/Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) The Dy. Commissioner Of Income Tax, …… (Apilaaqai- / Appellant) Central Circle-2(2), Pratishtha Bhavan, 8 Th Floor, M.K. Road, Mumbai-400 020 Vs. Tanish Estate Developers Pvt. Ltd. & …… (P`%Yaqaai- / Respondent) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 अपीलाथी की ओर े / Appellant By : Shri Prakash Jhunjhunwala, Ar प्रत्यथी की ओर े / Respondent By : Shri R Manjunatha Swamy, Cit-Dr ुनवाई की तारीख / Date Of Hearing: 08-08-2018 घोषणा की तारीख / Date Of Pronouncement : 24-08-2018

For Appellant: Shri Prakash Jhunjhunwala, ARFor Respondent: Shri
Section 131Section 132Section 142(1)Section 143(3)Section 153ASection 68

…ect in entries recorded in books of accounts seized during u/s 145(3) of the Act. The incriminating material would mean the evidences unearthed during search. 10.6. The Hon'ble ITAT, Mumbai Special bench in the case of All Cargo Global Logistics Ltd vs. DClT 147 TTJ 513 has decided that 'the addition in non abated assessment could only be made on the basis of incriminating material, which in the context of relevant provisions means - (0 books of account, other documents, found in the course of search but not produced in the course of original assessment, and (i))undisclosed income or property discovered in the c…

DCIT CC 2(2), Mumbai vs. Tanish Estate Developers P. Ltd, Mumbai

In the result, the appeals of Revenue are dismissed and the appeals of assessee are dismissed as infructuous

ITA 1921/MUM/2017[2011-12]Status: DisposedITAT Mumbai24 Aug 2018AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am Aayakr Apila Sam./ Ita Nos. 2117 & 2118 /Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) Tanish Estate Developers Pvt. Ltd. & …… (Apilaaqai- / Appellant) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 Vs. The Dy. Commissioner Of Income Tax, …… (P`%Yaqaai- / Respondent) Central Circle-2(2), Mumbai स्थायी लेखा िं./Pan No. Aacct8448C Aayakr Apila Sam./ Ita No. 1921 & 1928/Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2011-12) The Dy. Commissioner Of Income Tax, …… (Apilaaqai- / Appellant) Central Circle-2(2), Pratishtha Bhavan, 8 Th Floor, M.K. Road, Mumbai-400 020 Vs. Tanish Estate Developers Pvt. Ltd. & …… (P`%Yaqaai- / Respondent) Tanish Projects Pvt. Ltd. 61/62, Gaya Buildings, 4Th Floor, 109, Y.M. Road, Masjid (West), Mumbai-400 003 अपीलाथी की ओर े / Appellant By : Shri Prakash Jhunjhunwala, Ar प्रत्यथी की ओर े / Respondent By : Shri R Manjunatha Swamy, Cit-Dr ुनवाई की तारीख / Date Of Hearing: 08-08-2018 घोषणा की तारीख / Date Of Pronouncement : 24-08-2018

For Appellant: Shri Prakash Jhunjhunwala, ARFor Respondent: Shri
Section 131Section 132Section 142(1)Section 143(3)Section 153ASection 68

…ect in entries recorded in books of accounts seized during u/s 145(3) of the Act. The incriminating material would mean the evidences unearthed during search. 10.6. The Hon'ble ITAT, Mumbai Special bench in the case of All Cargo Global Logistics Ltd vs. DClT 147 TTJ 513 has decided that 'the addition in non abated assessment could only be made on the basis of incriminating material, which in the context of relevant provisions means - (0 books of account, other documents, found in the course of search but not produced in the course of original assessment, and (i))undisclosed income or property discovered in the c…