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 367,154 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

Hazorilal & Sons Jewellers P. Ltd., New Delhi vs. DCIT, New Delhi

Appeals of the assessee are allowed

ITA 4060/DEL/2014[2007-08]Status: DisposedITAT Delhi27 Feb 2017AY 2007-08

Bench: Shri R. K. Panda & Smt Suchitra Kamblei.T.A .No.-4060/Del/2014 (A.Y 2007-08) I.T.A .No.-4061/Del/2014 (A.Y 2008-09) I.T.A .No.-4062/Del/2014 (A.Y 2009-10)

Section 153CSection 271(1)(c)

…DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SMT SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A .No.-4060/Del/2014 (A.Y 2007-08) I.T.A .No.-4061/Del/2014 (A.Y 2008-09) I.T.A .No.-4062/Del/2014 (A.Y 2009-10) Hazorilal & Sons Jewellers P. Ltd. vs DCIT M-44, Greater Kailash-1 (Market) Central Circle-22 New Delhi New Delhi AABCH0480R (RESPONDENT) (APPELLANT) Appellant by Sh. Anil Jain, C.A Respondent by Sh. A. K. Saroha, CIT DR Date of Hearing 13.02.2017 Date of Pronouncement 27.02.2017 ORDER PER SUCHITRA KAMBLE, JM These appeals are filed by the assessee against the orders dated 19/05/…

Krishna Ghosh, Dakshin Dinajpur vs. ACIT, CC-Xx, Kolkata

In the result, appeal of the assessee is allowed

ITA 1410/KOL/2014[2001-2002]Status: DisposedITAT Kolkata15 Feb 2017AY 2001-2002

Bench: : Shri Waseem Ahmed & Shri S.S. Viswanethra Ravi

Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

…ection 153A, addition can be made in assessment /reassessment only when some incriminating material has been found. All these aspects had been referred to the Special Bench of the Tribunal in case of Alcargo Global Logistics Ltd. v. Dy. CIT reported in [2012] 137 ITD 287/23 taxmann.com 103 (Mum.) and order of Special Bench dated 6.7.2012. 8. The Special bench in the case of Alcargo Global Logistics Ltd. supra, has held that provisions of section 153A come into operation if a search or requisition is initiated after 31.5.2003 and on satisfaction of this condition, the AO is under obligation to issue notice to the…

Sumanlata Bansal, Mumbai vs. Asst CIT Cen Cir 8, Mumbai

The appeals of the assessee are allowed and the ld

ITA 6541/MUM/2012[1999-00]Status: DisposedITAT Mumbai14 Feb 2017AY 1999-00

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwal

Section 143(2)Section 153ASection 68

…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 o…

Purshottam Budhwani, Mumbai vs. ACIT Cen Cir 41, Mumbai

In the result, the appeals filed by assessee are allowed and Revenue’s appeal is dismissed

ITA 640/MUM/2015[2000-01]Status: DisposedITAT Mumbai25 Jan 2017AY 2000-01

Bench: Shri Rajendra, Am & Shri C.N. Prasad, Jm आयकरअपीलसं./I.T.A. No.229/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2000-01)

For Appellant: Shri B.C.S. Naik (CIT-DR)For Respondent: Shri Gurmukhsingh H. Purswani
Section 132Section 143(3)Section 153A

…g so as to have abated. The impugned order accepted the aforesaid submission of the respondent- assessee by inter alia placing reliance upon the decision of the Special Bench of the Tribunal in All Cargo Global Logistics Ltd. rendered on July 6, 2012 - [2012] 18 ITR (Trib) 106 (Mum) [SB]. The Tribunal in the impugned order further held that no incriminating material was found during the course of the search. Thus the entire proceedings under section 153A of the Act were without jurisdiction and therefore the addition made had to be deleted on the aforesaid ground. The impugned order also thereafter considered the…

Purshottam Budhwani, Mumbai vs. ACIT Cen Cir 41, Mumbai

In the result, the appeals filed by assessee are allowed and Revenue’s appeal is dismissed

ITA 5126/MUM/2015[2001-02]Status: DisposedITAT Mumbai25 Jan 2017AY 2001-02

Bench: Shri Rajendra, Am & Shri C.N. Prasad, Jm आयकरअपीलसं./I.T.A. No.229/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2000-01)

For Appellant: Shri B.C.S. Naik (CIT-DR)For Respondent: Shri Gurmukhsingh H. Purswani
Section 132Section 143(3)Section 153A

…g so as to have abated. The impugned order accepted the aforesaid submission of the respondent- assessee by inter alia placing reliance upon the decision of the Special Bench of the Tribunal in All Cargo Global Logistics Ltd. rendered on July 6, 2012 - [2012] 18 ITR (Trib) 106 (Mum) [SB]. The Tribunal in the impugned order further held that no incriminating material was found during the course of the search. Thus the entire proceedings under section 153A of the Act were without jurisdiction and therefore the addition made had to be deleted on the aforesaid ground. The impugned order also thereafter considered the…

DCIT CC 7(2), Mumbai vs. Purshottam G Budhwani, Mumbai

In the result, the appeals filed by assessee are allowed and Revenue’s appeal is dismissed

ITA 229/MUM/2015[2000-01]Status: DisposedITAT Mumbai25 Jan 2017AY 2000-01

Bench: Shri Rajendra, Am & Shri C.N. Prasad, Jm आयकरअपीलसं./I.T.A. No.229/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2000-01)

For Appellant: Shri B.C.S. Naik (CIT-DR)For Respondent: Shri Gurmukhsingh H. Purswani
Section 132Section 143(3)Section 153A

…g so as to have abated. The impugned order accepted the aforesaid submission of the respondent- assessee by inter alia placing reliance upon the decision of the Special Bench of the Tribunal in All Cargo Global Logistics Ltd. rendered on July 6, 2012 - [2012] 18 ITR (Trib) 106 (Mum) [SB]. The Tribunal in the impugned order further held that no incriminating material was found during the course of the search. Thus the entire proceedings under section 153A of the Act were without jurisdiction and therefore the addition made had to be deleted on the aforesaid ground. The impugned order also thereafter considered the…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

ITA 5782/MUM/2015[2006-07]Status: DisposedITAT Mumbai03 Jan 2017AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 153ASection 69A

…inst the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered this issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiati…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

ITA 5781/MUM/2015[2004-05]Status: DisposedITAT Mumbai03 Jan 2017AY 2004-05

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 153ASection 69A

…inst the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered this issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiati…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

ITA 5780/MUM/2015[2005-06]Status: DisposedITAT Mumbai03 Jan 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 153ASection 69A

…inst the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered this issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiati…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

ITA 5779/MUM/2015[2007-08]Status: DisposedITAT Mumbai03 Jan 2017AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 153ASection 69A

…inst the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered this issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiati…

DCIT Cen Cir 1(1), Mumbai vs. Rolta Ltd, Mumbai

In the result, Department’s appeals in ITA no

ITA 485/MUM/2015[2011-12]Status: DisposedITAT Mumbai21 Dec 2016AY 2011-12

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

Section 14ASection 153A

…a routine / regular disallowance made by the Assessing Officer, which in our view, cannot be made in 10 M/s. Rolta Limited an unabated assessment under section 153A. The ITAT, Mumbai Special Bench, in case of All Cargo Global Logistics Ltd. v/s DCIT, [2012] 18 ITR 106 (Trib.), while examining the power of the Assessing Officer under section 153A of the Act has held, in case of assessments pending on the date of search the Assessing Officer retains the power to make original assessment and assessment under section 153A. In other words, he can assess both income which could have been assessed in the original asse…

DCIT Cen Cir 8(1), Mumbai vs. Ramakant Gaggar, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1290/MUM/2015[2009-10]Status: DisposedITAT Mumbai21 Dec 2016AY 2009-10

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. Nos.1287 To 1290/Mum/2015 (ननधधारण वषा / Assessment Years : 2006-07 To 2009-10) Dy. Commissioner Of Income Vs. Shri Ramakant Gaggar Tax- Central Circle-8(1), 302, Gaurav Aprt, Room No.656, 6Th Floor, Gokuldham, Aayakar Bhavan, Goreaon (E), M K Road, Mumbai-400063 Mumbai-400020 अऩीराथी /Appellant प्रत्मथी /Respondent .. स्थधयी ऱेखध सं./Pan :Abkpg9952C अऩीराथी की ओय से / Appellant By : Santanu Kr.Saikia प्रत्मथी की ओय से/Respondent By : Shri Vijay Mehta सुनवाई की तायीख /Date Of Hearing : 8.11.2016 घोषणा की तायीख /Date Of Pronouncement : 21.12.2016 आदेश/O R D E R Per Rajesh Kumar: These Are Four Appeals Filed By The Revenue & Directed Against The Orders Dated 12.12.2014 For The Assessment Year 2006-07 & Order Dated 02.12.2014 For The Assessment Years 2007-08 To 2009-10 Respectively Passed By The Ld.Cit(A), Mumbai. Since These Appeals Are Filed Against The Same Assessee & The Issues Involved Therein Are Common & Therefore For The Sake Of Convenience & Brevity, These Appeals Were Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order.

For Appellant: Santanu KR.SaikiaFor Respondent: Shri Vijay Mehta
Section 143(3)Section 153ASection 153CSection 254(1)

…s was against the provisions of section 153C of the Act. The ld. AR in defence of his argument heavily relied on the decision in the case of CIT V/s Murli Agro Products Ltd [2014] 49 taxmann.com 172 (Bombay) and All cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (Mum) Special Bench. Finally, the ld. AR submitted that since no incriminating material was found and seized during the course of search proceedings and therefore the addition made by the AO in respect of unsecured loans aggregating to Rs.64 lakhs was without jurisdiction as the assessment in the instant year had attained finality on the date of…

DCIT Cen Cir 8(1), Mumbai vs. Ramakant Gaggar, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1289/MUM/2015[2008-09]Status: DisposedITAT Mumbai21 Dec 2016AY 2008-09

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. Nos.1287 To 1290/Mum/2015 (ननधधारण वषा / Assessment Years : 2006-07 To 2009-10) Dy. Commissioner Of Income Vs. Shri Ramakant Gaggar Tax- Central Circle-8(1), 302, Gaurav Aprt, Room No.656, 6Th Floor, Gokuldham, Aayakar Bhavan, Goreaon (E), M K Road, Mumbai-400063 Mumbai-400020 अऩीराथी /Appellant प्रत्मथी /Respondent .. स्थधयी ऱेखध सं./Pan :Abkpg9952C अऩीराथी की ओय से / Appellant By : Santanu Kr.Saikia प्रत्मथी की ओय से/Respondent By : Shri Vijay Mehta सुनवाई की तायीख /Date Of Hearing : 8.11.2016 घोषणा की तायीख /Date Of Pronouncement : 21.12.2016 आदेश/O R D E R Per Rajesh Kumar: These Are Four Appeals Filed By The Revenue & Directed Against The Orders Dated 12.12.2014 For The Assessment Year 2006-07 & Order Dated 02.12.2014 For The Assessment Years 2007-08 To 2009-10 Respectively Passed By The Ld.Cit(A), Mumbai. Since These Appeals Are Filed Against The Same Assessee & The Issues Involved Therein Are Common & Therefore For The Sake Of Convenience & Brevity, These Appeals Were Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order.

For Appellant: Santanu KR.SaikiaFor Respondent: Shri Vijay Mehta
Section 143(3)Section 153ASection 153CSection 254(1)

…s was against the provisions of section 153C of the Act. The ld. AR in defence of his argument heavily relied on the decision in the case of CIT V/s Murli Agro Products Ltd [2014] 49 taxmann.com 172 (Bombay) and All cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (Mum) Special Bench. Finally, the ld. AR submitted that since no incriminating material was found and seized during the course of search proceedings and therefore the addition made by the AO in respect of unsecured loans aggregating to Rs.64 lakhs was without jurisdiction as the assessment in the instant year had attained finality on the date of…

DCIT Cen Cir 8(1), Mumbai vs. Ramakant Gaggar, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1288/MUM/2015[2007-08]Status: DisposedITAT Mumbai21 Dec 2016AY 2007-08

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. Nos.1287 To 1290/Mum/2015 (ननधधारण वषा / Assessment Years : 2006-07 To 2009-10) Dy. Commissioner Of Income Vs. Shri Ramakant Gaggar Tax- Central Circle-8(1), 302, Gaurav Aprt, Room No.656, 6Th Floor, Gokuldham, Aayakar Bhavan, Goreaon (E), M K Road, Mumbai-400063 Mumbai-400020 अऩीराथी /Appellant प्रत्मथी /Respondent .. स्थधयी ऱेखध सं./Pan :Abkpg9952C अऩीराथी की ओय से / Appellant By : Santanu Kr.Saikia प्रत्मथी की ओय से/Respondent By : Shri Vijay Mehta सुनवाई की तायीख /Date Of Hearing : 8.11.2016 घोषणा की तायीख /Date Of Pronouncement : 21.12.2016 आदेश/O R D E R Per Rajesh Kumar: These Are Four Appeals Filed By The Revenue & Directed Against The Orders Dated 12.12.2014 For The Assessment Year 2006-07 & Order Dated 02.12.2014 For The Assessment Years 2007-08 To 2009-10 Respectively Passed By The Ld.Cit(A), Mumbai. Since These Appeals Are Filed Against The Same Assessee & The Issues Involved Therein Are Common & Therefore For The Sake Of Convenience & Brevity, These Appeals Were Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order.

For Appellant: Santanu KR.SaikiaFor Respondent: Shri Vijay Mehta
Section 143(3)Section 153ASection 153CSection 254(1)

…s was against the provisions of section 153C of the Act. The ld. AR in defence of his argument heavily relied on the decision in the case of CIT V/s Murli Agro Products Ltd [2014] 49 taxmann.com 172 (Bombay) and All cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (Mum) Special Bench. Finally, the ld. AR submitted that since no incriminating material was found and seized during the course of search proceedings and therefore the addition made by the AO in respect of unsecured loans aggregating to Rs.64 lakhs was without jurisdiction as the assessment in the instant year had attained finality on the date of…

DCIT Cen Cir 8(1), Mumbai vs. Ramakant Gaggar, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1287/MUM/2015[2006-07]Status: DisposedITAT Mumbai21 Dec 2016AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. Nos.1287 To 1290/Mum/2015 (ननधधारण वषा / Assessment Years : 2006-07 To 2009-10) Dy. Commissioner Of Income Vs. Shri Ramakant Gaggar Tax- Central Circle-8(1), 302, Gaurav Aprt, Room No.656, 6Th Floor, Gokuldham, Aayakar Bhavan, Goreaon (E), M K Road, Mumbai-400063 Mumbai-400020 अऩीराथी /Appellant प्रत्मथी /Respondent .. स्थधयी ऱेखध सं./Pan :Abkpg9952C अऩीराथी की ओय से / Appellant By : Santanu Kr.Saikia प्रत्मथी की ओय से/Respondent By : Shri Vijay Mehta सुनवाई की तायीख /Date Of Hearing : 8.11.2016 घोषणा की तायीख /Date Of Pronouncement : 21.12.2016 आदेश/O R D E R Per Rajesh Kumar: These Are Four Appeals Filed By The Revenue & Directed Against The Orders Dated 12.12.2014 For The Assessment Year 2006-07 & Order Dated 02.12.2014 For The Assessment Years 2007-08 To 2009-10 Respectively Passed By The Ld.Cit(A), Mumbai. Since These Appeals Are Filed Against The Same Assessee & The Issues Involved Therein Are Common & Therefore For The Sake Of Convenience & Brevity, These Appeals Were Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order.

For Appellant: Santanu KR.SaikiaFor Respondent: Shri Vijay Mehta
Section 143(3)Section 153ASection 153CSection 254(1)

…s was against the provisions of section 153C of the Act. The ld. AR in defence of his argument heavily relied on the decision in the case of CIT V/s Murli Agro Products Ltd [2014] 49 taxmann.com 172 (Bombay) and All cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (Mum) Special Bench. Finally, the ld. AR submitted that since no incriminating material was found and seized during the course of search proceedings and therefore the addition made by the AO in respect of unsecured loans aggregating to Rs.64 lakhs was without jurisdiction as the assessment in the instant year had attained finality on the date of…

Dalwala Securities Ltd, Mumbai vs. DCIT Cen Cir 33, Mumbai

In the result, appeal for A

ITA 5932/MUM/2009[2001-02]Status: DisposedITAT Mumbai21 Dec 2016AY 2001-02

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

Section 132Section 153ASection 271(1)(c)

…tion 153A, the Assessing Officer was only re–examining the genuineness of the share application money. In our view, this is not the intent and purpose of section 153A. The ITAT, Mumbai Special Bench, in case of All Cargo Global Logistics Ltd. v/s DCIT, [2012] 18 ITR 106 (Trib.), while examining the power of the Assessing Officer under section 153A of the Act has held, in case of 10 M/s. Dalwala Securities Ltd. M/s. Mukul Holding And Trading Co. P. Ltd. assessments pending on the date of searh the Assessing Officer retains the power to make original assessment and assessment under section 153A. In other words, he…

ACIT CC 24 & 26, Mumbai vs. Samir Narain Bhojwani, Mumbai

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

ITA 6350/MUM/2014[2007-08]Status: DisposedITAT Mumbai13 Dec 2016AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

Section 132Section 143(3)Section 153A

…of Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheval) Ltd. (2015) 374 ITR 645 (Bombay), wherein also considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered the issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiatio…

Asst CIT CC 24 & 26 Cen RG 5, Mumbai vs. Samir Narain Bhojwani, Mumbai

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

ITA 6349/MUM/2014[2007-08]Status: DisposedITAT Mumbai13 Dec 2016AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

Section 132Section 143(3)Section 153A

…of Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheval) Ltd. (2015) 374 ITR 645 (Bombay), wherein also considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered the issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiatio…

Asst CIT CC 24 & 26 Cen RG 5, Mumbai vs. Samir Narain Bhojwani, Mumbai

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

ITA 6348/MUM/2014[2006-07]Status: DisposedITAT Mumbai13 Dec 2016AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

Section 132Section 143(3)Section 153A

…of Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheval) Ltd. (2015) 374 ITR 645 (Bombay), wherein also considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered the issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiatio…

Asst CIT CC 24 & 26 Cen RG 5, Mumbai vs. Samir Narain Bhojwani, Mumbai

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

ITA 6347/MUM/2014[2005-06]Status: DisposedITAT Mumbai13 Dec 2016AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

Section 132Section 143(3)Section 153A

…of Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheval) Ltd. (2015) 374 ITR 645 (Bombay), wherein also considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered the issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets found during the course of search or not? Hon'ble High Court held that on a plain reading of section 153 of the Act it becomes clear that on initiatio…