Azadi Bachao Andolan (2003)(177 Taxation 775) and Pradip J Mehta v. CIT

ITO 25(3)(3), Mumbai vs. Amrutlal Chitalia (HUF), Mumbai

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

Bench: S/Shri B.R.Baskaran, Am & Amarjit Singh, Jm आमकय अऩीर सं./I.T.A. No.3625/Mum/2010 (ननधधायण वषा / Assessment Year:2006-07) बनाम/ Income Tax Officer Amrutlal Chitalia (Huf) 25(3)(3), B-801, Jyoti Park, Vs. M G Road, No.1, Room No.304, Borivali (W), C-11 Bldg., Mumbai-400067 Pratyakshakar Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai-400051 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./जीआइआय सं./Pan. :Aadha5099B आमकय अऩीर सं./I.T.A. No.2446/Mum/2011 (ननधधायण वषा / Assessment Year:2007-08) बनाम/ Income Tax Officer, 15(2)(1), M/S Arvind Engineering Works, Room No.111, 1St Floor, 25Th Khambatta Lane, Vs. 7Th Khetwadi, Gr.Floor, Matru Mandir, Opp Bhatia Hospital, Mumbai-400004 Tardeo Road, Mumbai-400007 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./जीआइआय सं./Pan. :Aagfa1165N आमकय अऩीर सं./I.T.A. No.5579/Mum/2013 (ननधधायण वषा / Assessment Year:2009-10) Asstt.Commissioner Of बनाम/ M/S Khimji Visram & Sons, (Commission Dept), Income Tax -12(3), Vs. 21, Mittal Chambers, Room No.137, 1St Floor, 228, Nariman Point, Aayakar Bhavan, Mumbai-400021 M K Road, Mumbai-400020. (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

…s issued by the CBDT are binding on the Income Tax Authorities. For this proposition, one may gainfully refer to the decisions rendered by the Hon’ble Supreme Court in the case of Azadi Bachao Andolan (2003)(177 Taxation 775) and Pradip J Mehta Vs. CIT (2008)(300 ITR 231). Hence, the latest circular issued by the CBDT (referred supra) is binding on the income tax authorities. Accordingly, we find merit in the submissions of Ld A.R that this appeal of the revenue is not maintainable, since tax effect involved in this appeal is less than Rs.10 lakhs. Accordingly, we dismiss the appeal filed by the revenue. 5. In th…

DCIT Cent. Cir. - 3, Mumbai vs. Smt. Madhu Gupta, Mumbai

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

Bench: S/Shri B.R.Baskaran, Am & Amarjit Singh, Jm आमकय अऩीर सं./I.T.A. No.3625/Mum/2010 (ननधधायण वषा / Assessment Year:2006-07) बनाम/ Income Tax Officer Amrutlal Chitalia (Huf) 25(3)(3), B-801, Jyoti Park, Vs. M G Road, No.1, Room No.304, Borivali (W), C-11 Bldg., Mumbai-400067 Pratyakshakar Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai-400051 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./जीआइआय सं./Pan. :Aadha5099B आमकय अऩीर सं./I.T.A. No.2446/Mum/2011 (ननधधायण वषा / Assessment Year:2007-08) बनाम/ Income Tax Officer, 15(2)(1), M/S Arvind Engineering Works, Room No.111, 1St Floor, 25Th Khambatta Lane, Vs. 7Th Khetwadi, Gr.Floor, Matru Mandir, Opp Bhatia Hospital, Mumbai-400004 Tardeo Road, Mumbai-400007 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./जीआइआय सं./Pan. :Aagfa1165N आमकय अऩीर सं./I.T.A. No.5579/Mum/2013 (ननधधायण वषा / Assessment Year:2009-10) Asstt.Commissioner Of बनाम/ M/S Khimji Visram & Sons, (Commission Dept), Income Tax -12(3), Vs. 21, Mittal Chambers, Room No.137, 1St Floor, 228, Nariman Point, Aayakar Bhavan, Mumbai-400021 M K Road, Mumbai-400020. (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

…s issued by the CBDT are binding on the Income Tax Authorities. For this proposition, one may gainfully refer to the decisions rendered by the Hon’ble Supreme Court in the case of Azadi Bachao Andolan (2003)(177 Taxation 775) and Pradip J Mehta Vs. CIT (2008)(300 ITR 231). Hence, the latest circular issued by the CBDT (referred supra) is binding on the income tax authorities. Accordingly, we find merit in the submissions of Ld A.R that this appeal of the revenue is not maintainable, since tax effect involved in this appeal is less than Rs.10 lakhs. Accordingly, we dismiss the appeal filed by the revenue. 5. In th…

ACIT 25(3), Mumbai vs. Mihir Builders, Mumbai

In the result, the appeal of the revenue is dismissed

Bench: S/Shri B.R.Baskaran, Am & Amarjit Singh, Jm आमकय अऩीर सं./I.T.A. No.8690/Mum/2010 (ननधधायण वषा / Assessment Year: 2004-05) बनाम/ Astt. Commissioner Of Income M/S Mihar Builders, Tax-25(3), Shop No.3, A Wing, Vs. C-11, Room No. 308, Hari Darshan, Pratyakshkar Bhavan, Bhogilal Fadia Road, Bandra-Kurla Complex, Kandivali (W), Bandra (E), Mumbai-400067 Mumbai-400051 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

…s issued by the CBDT are binding on the Income Tax Authorities. For this proposition, one may gainfully refer to the decisions rendered by the Hon’ble Supreme Court in the case of Azadi Bachao Andolan (2003)(177 Taxation 775) and Pradip J Mehta Vs. CIT (2008)(300 ITR 231). Hence, the latest circular issued by the CBDT (referred supra) is binding on the income tax authorities. Accordingly, we find merit in the submissions of Ld A.R that this appeal of the revenue is not maintainable, since tax effect involved in this appeal is less than Rs.10 lakhs. Accordingly, we dismiss the appeal filed by the revenue. 6. In th…

R. Kundan & Co., Mumbai vs. ITO WD 14(3)(2), Mumbai

Bench: Shri Joginder Singh & Shri Rajesh Kumar

…e Bench and also objected by the assessee, it was again agreed that remand report was sought from the Assessing Officer by the ld. Commissioner of Income Tax (Appeals). Our attention was invited to section 6 of the Act by placing reliance upon the decision in 300 ITR 231 (SC). However, necessary enquiries were made by the Assessing Officer. Reliance was further placed upon the decision in 259 ITR 486 (SC). The crux of argument advanced by ld. CIT-DR is that the passport was not produced. At this stage, Shri Jitendra Sanghavi along with Shri Amit Khatiwala, the ld. counsel for the assessee, intervened and explaine…