All Cargo Global Logistics Ltd. v. DCIT

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

In the result, the appeal of the Revenue and the Cross Objection of the assessee, both are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am Dy. Commissioner Of Income Tax, Shri Samir Narain Bhojani 1St Floor, Samir Complex, Cc-3(4), Central Range-3, Mumbai Vs. St.Andrews Road, Opp. Holy Family Hospital, Bandra(W), Mumbai-400050 .. Appellant Respondent Co No.189/Mum/2015 (In Ita No.3814/Mum/2014 A.Y. 2006-07) Shri Samir Narain Bhojani Dy. Commissioner Of Income 1St Floor, Samir Complex, Tax, Cc-3(4), Central Range-3, St.Andrews Road, Opp. Holy Family Mumbai Vs. Hospital, Bandra(W), Mumbai- 400050 Pan No.Aabpb9150H Appellant .. Respondent

…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…

Ramesh Sumermal Shah, Mumbai vs. DCIT Cir 36, Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri Saktijit Dey & Shri Rajesh Kumarसर्वश्री सक्तिक्िि डे, न्याययक सदस्य एवुं रािेश कुमार, ऱेखा सदस्य आमकय अऩीर सं./I.T.A. No.414/Mum/2010 (यनधावरण र्र्व / Assessment Years : 2001-02) Shri Ramesh Sumermal Shah, बनाम/ Dy. Commissioner Of Income Tax 220, Commerce House, Circle 36, Vs. 140 N M Road, Fort, 11/43, Ground Floor, Aayakar Bhavan, Mumbai-400023 M K Road, Mumbai-400020 स्थायी ऱेखा सं./ Pan : Aagps9863H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri Nishit Gandhi प्रत्मथी की ओय से/ Respondent By : Shri Prawin Kumar सुनवाई की तायीख / Date Of Hearing :28.4.2016 घोषणा की तायीख /Date Of Pronouncement :28 .11.2016 आदेश / O R D E R Per Rajesh Kumarthis Is An Appeal By The Assessee Against Order Dated 13/11/2009 Of Ld. Cit(Appeals)-41 Mumbai For The Assessment Year 2001-02 Passed Against The Assessment Framed By The Ao U/S 143(3) R.W.S. 153A Of The Income Tax Act (Hereinafter Called The Act). 2. The Grounds Raised By The Assessee Are As Under:- “On The Facts & In The Circumstances Of The Case He Ld. Cit(A) Has Erred In Law In Confirming The Addition Of Rs.2,25,00,000/- Made By The Ao On Disbelieving Gift Received By The Appellant”

…आयकर अपीऱीय अधिकरण, म ुंबई न्यायपीठ “डी” म ुंबई IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER सर्वश्री सक्तिक्िि डे, न्याययक सदस्य एवुं रािेश कुमार, ऱेखा सदस्य आमकय अऩीर सं./I.T.A. No.414/Mum/2010 (यनधावरण र्र्व / Assessment Years : 2001-02) Shri Ramesh Sumermal Shah, बनाम/ Dy. Commissioner of Income Tax 220, Commerce House, Circle 36, Vs. 140 N M Road, Fort, 11/43, Ground Floor, Aayakar Bhavan, Mumbai-400023 M K Road, Mumbai-400020 स्थायी ऱेखा सं./ PAN : AAGPS9863H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथ…

ACIT CC 22 & 30 Cen RG 5, Mumbai vs. Usha Mittal, Mumbai

In the result, Revenue’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain Acit, Cc – 22 & 30 Smt. Usha Mittal Central Range 5, Mumbai 1601, Marathon Heights Room No. 403, 4Th Floor Vs. P.B. Marg, Jaibharat Oil Mills Aayakar Bhavan, M.K. Road Lower Parel (W), Mumbai -013 Mumbai 400020 Pan – Aftpm4951J Appellant Respondent

…ts shall be made in respect of completed assessments where incriminating material is found.” 6.3.2 The learned A.R. placed reliance on the following judicial pronouncements in support of the arguments put forth: - (i) All Cargo Global Logistics Ltd. vs. DCIT (137 ITD 287) (SB-ITAT- Mumbai). (ii) CIT vs. Anilkumar Bhatia [24 taxmann.com 98 (Del)] 6.3.3 On an appreciation of the facts of the case on hand, the submission/ contentions put forth by both parties, the orders of the authorities below and judicial pronouncements cited, it is not disputed that the issue on which the AO made addition in the post search orde…

Anjali Pandit, Mumbai vs. Asst CIT Cen Cir 12, Mumbai

Bench: Hon’Ble S/Shri Joginder Singh (Jm) & Rajesh Kumar,(Am) आमकय अऩीर सं./I.T.A. No.3028 To 3032/Mum/2011 (ननधधायण वषा / Assessment Year :2002-03 To 2006-07) Smt.Anjli Pandit, बनाम/ Asstt. Commissioner Of Income Gajanan Building No.8, 178, Tax, Central Circle 12, Vs. Cgo Building, M K Marg, Jawahar Nagar, Mumbai-400020. Goregaon (W), Mumbai-400062 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

…43(3) r.w.s. 153A of the Act was bad in law as the AO has no jurisdiction under statute and required to be deleted. In defence of his arguments and submissions the ld AR relied on the following decisions:- A) All Cargo Global Logistics Ltd V/s DCIT – (2012) 137 ITD 287(Mum)(SB) B) Atithi N Patel V ACIT (order dated 22.8.2012 (ITA No.43 to 45 /Mum/2010 C) Hiren N Patel V ACIT (order dated 12.10.2012 8 Anjligro up (ITA No.39 to 41/Mum/2010 D) Gurinder Singh Bawa V DCIT (Order dated 16.11.2012 (ITA No.s 2075/Mum/2010 6. On the other hand the ld DR relied heavily on the orders of authorities below. 7. After co…

Pratyaksha Properties P.Ltd, Navi Mumbai vs. DCIT CC 47, Mumbai

In the result, appeals of the assessee are allowed in terms indicated hereinabove

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm

…No.6295 & 6296/Mum-2014 Pratyaksha Properties Pvt. Ltd., of regular books of account maintained by the assessee and not at all incriminating in nature. 7. Reliance was placed on the decision of ITAT Special Bench in case of All Cargo Global Logistics Ltd., - 137 ITD 287 in support of the proposition that where assessment has abated the AO can make additions in the assessment, even if no incriminating material has been found, however, in other cases the Special Bench held that the assessment u/s 153A can be made on the basis of the incriminating material which in the context of relevant provisions means books of…

Pratyaksha Properties P.Ltd, Navi Mumbai vs. DCIT CC 47, Mumbai

In the result, appeals of the assessee are allowed in terms indicated hereinabove

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm

…No.6295 & 6296/Mum-2014 Pratyaksha Properties Pvt. Ltd., of regular books of account maintained by the assessee and not at all incriminating in nature. 7. Reliance was placed on the decision of ITAT Special Bench in case of All Cargo Global Logistics Ltd., - 137 ITD 287 in support of the proposition that where assessment has abated the AO can make additions in the assessment, even if no incriminating material has been found, however, in other cases the Special Bench held that the assessment u/s 153A can be made on the basis of the incriminating material which in the context of relevant provisions means books of…

Oleander Farms P.Ltd, Navi Mumbai vs. DCIT CC 47, Mumbai

In the result, appeal of the assessee is allowed in terms indicated hereinabove

Bench: Transfer Of File To The Ao Of The Assessee. 3. Rival Contentions Have Been Heard & Record Perused.

…in the regular books of account and shown ITA No.2198,2199&2202/13 in the audited accounts filed along with the return of income for the respective years. Applying the proposition of law laid down by ITAT Special Bench in the case of All Cargo Logistics Ltd., 137 ITD 287, which was confirmed by Hon'ble Bombay High Court vide order dated 21-4- 2015, to the facts of the instant case, we can safely reach to the conclusion that in respect of the years for which assessment was not pending on the date of search and when no incriminating material was found during the course of search, the addition so made in the A.Y.200…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…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…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…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…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…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…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…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…

Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…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…

ACIT CC 22 & 30 Cen Rf 5, Mumbai vs. Welspun Power & Steel Ltd, Mumbai

In the result, the appeal of the revenue is hereby ordered to be dismissed

Bench: S/Shri Sanjay Arora & Amarjit Singhआयकर अपील सं/ I.T.A. No.6303/Mum/2014 ("नधा"रण वष" / Assessment Year: 2005-06) Assistant Commissioner Of M/S. Welspun Power & Steel बनाम/ Income Tax Central Circle 22 Ltd. (Now Known As M/S. Vs. & 30 Central Range 5 Welspun Steel Ltd.) Room No.404, 4Th Floor, Welspun House, 4Th Floor, Aayakar Bhavan, B-Wing, Kamala City, Mumbai - 400020 S.B.Marg, Lower Parel (W) Mumbai - 400013 C.O. No.51/Mum/2016 (I.T.A. No. 6303/Mum/2014) ("नधा"रण वष" / Assessment Year: 2005-06) M/S. Welspun Power & Steel Assistant Commissioner Of बनाम/ Ltd. (Now Known As M/S. Income Tax Central Circle Vs. Welspun Steel Ltd.) 22 & 30 Central Range 5 Welspun House, 4Th Floor, B- Room No.404, 4Th Floor, Wing, Kamala City, Aayakar Bhavan, S.B.Marg, Lower Parel (W) Mumbai - 400020 Mumbai - 400013 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacw5308G (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE S/SHRI SANJAY ARORA, ACCOUNTANT MEMBER AND AMARJIT SINGH, JUDICIAL MEMBER आयकर अपील सं/ I.T.A. No.6303/Mum/2014 ("नधा"रण वष" / Assessment Year: 2005-06) Assistant Commissioner of M/s. Welspun Power & Steel बनाम/ Income Tax Central Circle 22 Ltd. (Now known as M/s. Vs. & 30 Central Range 5 Welspun Steel Ltd.) Room No.404, 4th Floor, Welspun House, 4th Floor, Aayakar Bhavan, B-Wing, Kamala City, Mumbai - 400020 S.B.Marg, Lower Parel (W) Mumbai - 400013 C.O. No.51/Mum/2016 (I.T.A. No. 6303/Mum/2014) ("नधा"रण वष" / Assessment Year: 2005-06) M/s. Welspun…

DCIT Cen Cir 7(3), Mumbai vs. Prvainchandra N. Kamdar, Mumbai

The appeals of the Revenue are dismissed

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

…TA Nos. 5481 to 5483 & 5487/Mum/2015 abate in terms of the second proviso to Sec. 153A(1) of the Act. For this reason, Assessing Officer held that following the decision of Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. v. DCIT, 137 ITD 287 (Mum-SB), the Assessing Officer was required to assess the income in the assessment u/s 153A(1) r.w.s 143(3) of the Act based only on the incriminating material revealed in the course of search. As per the CIT(A), the additions made to the total income by treating the income earned on capital gains as Business income was not on the basis of any i…

DCIT Cen Cir 7(3), Mumbai vs. Prvainchandra N. Kamdar, Mumbai

The appeals of the Revenue are dismissed

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

…TA Nos. 5481 to 5483 & 5487/Mum/2015 abate in terms of the second proviso to Sec. 153A(1) of the Act. For this reason, Assessing Officer held that following the decision of Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. v. DCIT, 137 ITD 287 (Mum-SB), the Assessing Officer was required to assess the income in the assessment u/s 153A(1) r.w.s 143(3) of the Act based only on the incriminating material revealed in the course of search. As per the CIT(A), the additions made to the total income by treating the income earned on capital gains as Business income was not on the basis of any i…

DCIT Cen Cir 7(3), Mumbai vs. Prvainchandra N. Kamdar, Mumbai

The appeals of the Revenue are dismissed

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

…TA Nos. 5481 to 5483 & 5487/Mum/2015 abate in terms of the second proviso to Sec. 153A(1) of the Act. For this reason, Assessing Officer held that following the decision of Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. v. DCIT, 137 ITD 287 (Mum-SB), the Assessing Officer was required to assess the income in the assessment u/s 153A(1) r.w.s 143(3) of the Act based only on the incriminating material revealed in the course of search. As per the CIT(A), the additions made to the total income by treating the income earned on capital gains as Business income was not on the basis of any i…

DCIT Cen Cir 7(3), Mumbai vs. Prvainchandra N. Kamdar, Mumbai

The appeals of the Revenue are dismissed

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

…TA Nos. 5481 to 5483 & 5487/Mum/2015 abate in terms of the second proviso to Sec. 153A(1) of the Act. For this reason, Assessing Officer held that following the decision of Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. v. DCIT, 137 ITD 287 (Mum-SB), the Assessing Officer was required to assess the income in the assessment u/s 153A(1) r.w.s 143(3) of the Act based only on the incriminating material revealed in the course of search. As per the CIT(A), the additions made to the total income by treating the income earned on capital gains as Business income was not on the basis of any i…