Balmukund Acharya v. DCIT

310 ITR 310High Court2009#915 most cited

What is Balmukund Acharya v. DCIT authority for?

Tax authorities are obligated to act in accordance with the law and ensure only legitimate taxes are collected, assisting assessees who have been over-assessed due to mistake or misconception.

116

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2014 to 2026.

Also referred to as

Balmukund Acharya v DCIT · 310 ITR 310 · Bombay High Court · obligation to act in accordance with law · collecting tax as provided under the Act · over-assessed assessee · legitimate taxes · assistance to assessee · mistake or misconception · S.R. Koshti vs. CIT

Also reported as

176 Taxmann 316221 CTR 440

Sections most often in play

Section 143(3)Section 2(47)(v)Section 36(1)(iii)Section 132(4)Section 147Section 153CSection 2(47)(vi)Section 139(1)
Read the full judgment

Issues it is cited on

section 2(47)(v)annual letting valuejoint development agreementjdapercentage completion methodannual valuesection 52section 53aproject completion methodsection 2(47)section 53right to receive

Judgments citing Balmukund Acharya v. DCIT

Cma Cgm Sa, Mumbai vs. Assistant Commissioner of Income Tax, (International Taxation) Circle 2(1)(1), Mumbai

In the result, additional grounds of appeal filed by the assessee are allowed for statistical purpose

ITA 833/MUM/2023[2020-21]Status: DisposedITAT Mumbai12 Jun 2023AY 2020-21

Bench: Shri Vikas Awasthy & Shri Gagan Goyal आअसं. 833/मुं/2023 ("न.व. 2020-21) Cma Cgm Sa C/O. Cma Cgm Agencies (India) Private Limited, Indiabulls Finance Centre, Tower -3, 8Th Floor, Senapati Bapat Marg, Elphinstone(W), Mumbai – 400 013. Pan: Aabcc-9048-G ...... अपीलाथ" /Appellant बनाम Vs. The Asstt. Commissioner Of Income Tax (International Taxation) 2(1)(1)Mumbai Room No.1713, 17Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajesh Poojari & Ms. Jasmin Amalsadvala ""तवाद" "वारा/Respondent By : Shri Soumendu Kumar Dash सुनवाई क" "त"थ/ Date Of Hearing : 31/05/2023 घोषणा क" "त"थ/ Date Of Pronouncement : /06/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 19/01/2023 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [ In Short ‘The Act], For The Assessment Year 2020-21. 2 2. In Appeal The Assessee Has Raised 22 Grounds. The Gist Of Grounds Of Appeal Is As Under:

For Appellant: Shri Rajesh Poojari &For Respondent: Shri Soumendu Kumar Dash
Section 143(3)Section 234ASection 234BSection 270

…n return of income, now by way of ground assessee is 10 claiming it non-taxable. It is a well settled principle that true income of the assessee should be taxed and only legitimate taxes should be collected from the assessee. [ Re: Balmukund Acharya Vs. DCIT, 310 ITR 310 (Bom)]. The assessee by way of additional evidences has supported the contentions raised in additional grounds of appeal. It is not a case where the assessee has raised altogether a fresh issue which was neither part of the income tax return or assessment proceedings. The assessee has changed its stand from offering income to tax in the return of…

Sis Live, New Delhi vs. ACIT, Circle-3(1)(2), International Taxation, New Delhi

In the result, the appeal is partly allowed

ITA 2146/DEL/2022[2019-20]Status: DisposedITAT Delhi30 May 2023AY 2019-20

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Deyassessment Year: 2018-19 & Assessment Year: 2019-20 Sis Live, Vs. Assistant Commissioner Of 4Th Floor, Statesman House Income Tax, Building, Barakhamba Road, Circle-3(1)(2), International Connaught Place, Taxation, New Delhi New Delhi Pan :Abrfs4787L (Appellant) (Respondent)

Section 143(3)Section 144CSection 144C(13)Section 9

…l Power Ltd. Vs. ACIT (2010) 6 ITR (T) 722 (Delhi) ii. Credit Agricole Indosuez Vs. JCIT (2007) 14 SIT 246 11 | P a g e ITA Nos.2145 & 2146/Del/2022 AY: 2018-19 & 2019-20 iii. CIT Vs. MR. P. Firm, Muar (1965) 1 SCR 815 iv. Balmukund Acharya Vs. DCIT, (2009) 310 ITR 310 (Bombay HC) 10. Strongly relying upon the observations of the Assessing Officer and learned DRP, learned Departmental Representative submitted, except the arbitration proceedings, the assessee had no other activities in India in the relevant assessment years. He submitted, the assessee is not carrying on any business operations or activities…

Sis Live, New Delhi vs. ACIT Circle-3(1)(2), International Taxation, New Delhi

In the result, the appeal is partly allowed

ITA 2145/DEL/2022[2018-19]Status: DisposedITAT Delhi30 May 2023AY 2018-19

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Deyassessment Year: 2018-19 & Assessment Year: 2019-20 Sis Live, Vs. Assistant Commissioner Of 4Th Floor, Statesman House Income Tax, Building, Barakhamba Road, Circle-3(1)(2), International Connaught Place, Taxation, New Delhi New Delhi Pan :Abrfs4787L (Appellant) (Respondent)

Section 143(3)Section 144CSection 144C(13)Section 9

…l Power Ltd. Vs. ACIT (2010) 6 ITR (T) 722 (Delhi) ii. Credit Agricole Indosuez Vs. JCIT (2007) 14 SIT 246 11 | P a g e ITA Nos.2145 & 2146/Del/2022 AY: 2018-19 & 2019-20 iii. CIT Vs. MR. P. Firm, Muar (1965) 1 SCR 815 iv. Balmukund Acharya Vs. DCIT, (2009) 310 ITR 310 (Bombay HC) 10. Strongly relying upon the observations of the Assessing Officer and learned DRP, learned Departmental Representative submitted, except the arbitration proceedings, the assessee had no other activities in India in the relevant assessment years. He submitted, the assessee is not carrying on any business operations or activities…

Assistant Commissioner of Income Tax, Central Circle-1, Guwahati vs. Abci Infrastructures Private Limited, Kolkata

In the result, the appeal of the assessee for Assessment Year

ITA 2/GTY/2023[2014-15]Status: HeardITAT Guwahati05 Apr 2023AY 2014-15

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

…: 2/GTY/2023 Assessment Year: 2014-15 I.T.A. Nos.: 37, 38 & 39/GTY/2022 AYs: 2017-18, 2018-19 & 2019-20 ABCI Infrastructure Private Limited. (ii) CIT vs. Bharat General Reinsurance Co. Ltd. 81 ITR 303 (Del) - Delhi High Court (iii) Balmukund Acharya vs. DCIT [310 ITR 310] – Bombay High Court (iv) Nirmala L. Mehta vs. CIT [(2004) 269 ITR 001] – Bombay High Court” 83. Finally, based on the ratio laid down in the above referred judgments, ld. CIT(A) has held that the observation of the ld. AO that the assessee having not claimed the deduction in its original Income Tax Return filed u/s 139(1) of the Act, or by way o…

Abci Infrastructures Private Limited, Kolkata vs. Assistant Commissioner of Income Tax, Central Circle-1, Guwahati

In the result, the appeal of the assessee for Assessment Year

ITA 43/GTY/2022[2014-15]Status: HeardITAT Guwahati05 Apr 2023AY 2014-15

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

…: 2/GTY/2023 Assessment Year: 2014-15 I.T.A. Nos.: 37, 38 & 39/GTY/2022 AYs: 2017-18, 2018-19 & 2019-20 ABCI Infrastructure Private Limited. (ii) CIT vs. Bharat General Reinsurance Co. Ltd. 81 ITR 303 (Del) - Delhi High Court (iii) Balmukund Acharya vs. DCIT [310 ITR 310] – Bombay High Court (iv) Nirmala L. Mehta vs. CIT [(2004) 269 ITR 001] – Bombay High Court” 83. Finally, based on the ratio laid down in the above referred judgments, ld. CIT(A) has held that the observation of the ld. AO that the assessee having not claimed the deduction in its original Income Tax Return filed u/s 139(1) of the Act, or by way o…

Deputy Commissioner of Income Tax, Central Circle-1, Guwahati vs. Abci Infrastructures Private Limited, Kolkata

In the result, the appeal of the assessee for Assessment Year

ITA 39/GTY/2022[2019-20]Status: HeardITAT Guwahati05 Apr 2023AY 2019-20

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

…: 2/GTY/2023 Assessment Year: 2014-15 I.T.A. Nos.: 37, 38 & 39/GTY/2022 AYs: 2017-18, 2018-19 & 2019-20 ABCI Infrastructure Private Limited. (ii) CIT vs. Bharat General Reinsurance Co. Ltd. 81 ITR 303 (Del) - Delhi High Court (iii) Balmukund Acharya vs. DCIT [310 ITR 310] – Bombay High Court (iv) Nirmala L. Mehta vs. CIT [(2004) 269 ITR 001] – Bombay High Court” 83. Finally, based on the ratio laid down in the above referred judgments, ld. CIT(A) has held that the observation of the ld. AO that the assessee having not claimed the deduction in its original Income Tax Return filed u/s 139(1) of the Act, or by way o…

Deputy Commissioner of Income Tax, Central Circle-1, Guwahati vs. Abci Infrastructures Private Limited, Kolkata

In the result, the appeal of the assessee for Assessment Year

ITA 38/GTY/2022[2018-19]Status: HeardITAT Guwahati05 Apr 2023AY 2018-19

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

…: 2/GTY/2023 Assessment Year: 2014-15 I.T.A. Nos.: 37, 38 & 39/GTY/2022 AYs: 2017-18, 2018-19 & 2019-20 ABCI Infrastructure Private Limited. (ii) CIT vs. Bharat General Reinsurance Co. Ltd. 81 ITR 303 (Del) - Delhi High Court (iii) Balmukund Acharya vs. DCIT [310 ITR 310] – Bombay High Court (iv) Nirmala L. Mehta vs. CIT [(2004) 269 ITR 001] – Bombay High Court” 83. Finally, based on the ratio laid down in the above referred judgments, ld. CIT(A) has held that the observation of the ld. AO that the assessee having not claimed the deduction in its original Income Tax Return filed u/s 139(1) of the Act, or by way o…

Deputy Commissioner of Income Tax, Central Circle-1, Guwahati vs. Abci Infrastructures Private Limited, Kolkata

In the result, the appeal of the assessee for Assessment Year

ITA 37/GTY/2022[2017-18]Status: HeardITAT Guwahati05 Apr 2023AY 2017-18

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

…: 2/GTY/2023 Assessment Year: 2014-15 I.T.A. Nos.: 37, 38 & 39/GTY/2022 AYs: 2017-18, 2018-19 & 2019-20 ABCI Infrastructure Private Limited. (ii) CIT vs. Bharat General Reinsurance Co. Ltd. 81 ITR 303 (Del) - Delhi High Court (iii) Balmukund Acharya vs. DCIT [310 ITR 310] – Bombay High Court (iv) Nirmala L. Mehta vs. CIT [(2004) 269 ITR 001] – Bombay High Court” 83. Finally, based on the ratio laid down in the above referred judgments, ld. CIT(A) has held that the observation of the ld. AO that the assessee having not claimed the deduction in its original Income Tax Return filed u/s 139(1) of the Act, or by way o…

The Deputy Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Datla Shanti, Visakhapatnam

In the result, appeal of the Revenue is partly allowed for statistical purposes

ITA 33/VIZ/2021[2017-18]Status: DisposedITAT Visakhapatnam16 Feb 2023AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble

For Appellant: Sri I. Kama Sastry, ARFor Respondent: Sri ON Hari Prasada Rao
Section 129Section 142(1)Section 143(2)Section 143(3)Section 54F

…आयकर अपील"यअ"धकरण, "वशाखापटणम पीठ, "वशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM "ी दु"वू" आर एल रे"डी, "या"यक सद"य एवं "ी एस बालाकृ"णन, लेखा सद"य के सम" BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./ I.T.A. No.33/Viz/2021 ("नधा"रण वष" / Assessment Year :2017-18) Deputy Commissioner of Income Vs. Smt. Datla Shanti, Tax, Circle-3(1), Visakhapatnam. Visakhapatnam. PAN: AJFPD 6650 D (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Assessee by : Sri I. Kama Sastry, AR ""याथ" क" ओर से / Revenue by :…

M/S. T Bhimjyani Realty Pvt Ltd., Mumbai vs. Dy Commissioner of Income Tax, Circle-14(3)(1), Mumbai

The appeal of the assessee is allowed for statistical purpose with similar directions

ITA 1264/MUM/2022[2019-20]Status: DisposedITAT Mumbai02 Dec 2022AY 2019-20

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1263 /मुं/ 2022 (िन.व. 2019-20)

For Appellant: Shri Dharan GandhiFor Respondent: Shri Prakash Mane, CIT-DR &
Section 143(1)Section 143(1)(a)Section 36Section 43B

…ection 246A(1)(a) of the Act would show that an intimation under sub-section (1) of section 143 is an appealable order. To further strengthen his point the ld. Counsel for the assessee placed reliance on the decision in the case of Balmukund Acharya vs. DCIT, 310 ITR 310 (Bom). 6. Both sides heard, orders of authorities below examined. The assessee in appeal has assailed disallowance u/s. 43B of the Act. A bare perusal of the return of income filed by the assessee shows that the assessee in Schedule –BP gas reflected the amount of Rs.63,48,767/- as an amount disallowed u/s. 43B of the Act in preceding previous ye…

M/S. T Bhimjyani Warehouseing Cold Chain Pvt Ltd., Mumbai-51 vs. Dy Commissioner of Income Tax, Circle-14(3)(1), Mumbai

The appeal of the assessee is allowed for statistical purpose with similar directions

ITA 1263/MUM/2022[2019-20]Status: DisposedITAT Mumbai02 Dec 2022AY 2019-20

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1263 /मुं/ 2022 (िन.व. 2019-20)

For Appellant: Shri Dharan GandhiFor Respondent: Shri Prakash Mane, CIT-DR &
Section 143(1)Section 143(1)(a)Section 36Section 43B

…ection 246A(1)(a) of the Act would show that an intimation under sub-section (1) of section 143 is an appealable order. To further strengthen his point the ld. Counsel for the assessee placed reliance on the decision in the case of Balmukund Acharya vs. DCIT, 310 ITR 310 (Bom). 6. Both sides heard, orders of authorities below examined. The assessee in appeal has assailed disallowance u/s. 43B of the Act. A bare perusal of the return of income filed by the assessee shows that the assessee in Schedule –BP gas reflected the amount of Rs.63,48,767/- as an amount disallowed u/s. 43B of the Act in preceding previous ye…

Kishor Ganpat Karande, Jalna vs. Income-Tax Officer, Ward - 2, Jalna

In the result, the appeal of assessee is allowed

ITA 1820/PUN/2018[2009-10]Status: DisposedITAT Pune01 Dec 2022AY 2009-10

Bench: Shri S.S. Viswanethra Ravi

For Appellant: N O N EFor Respondent: Shri M.G. Jasnani
Section 139(1)Section 2(14)(iii)Section 54B

…icultural land and was into agricultural activity for F.Ys. 2006-07 and 2007-08. 7. Further, at pages 27 to 31 of the paper book Shri S.N. Puranik, CA placed reliance on the decision of Hon’ble High Court of Bombay in the case of Balmukund Acharya reported in 310 ITR 310 (Bom). On careful reading of the said decision, I note that the Hon’ble High Court of Bombay was pleased to hold that the authorities under the Act are required to assist the assessee and ensure that only legitimate taxes due are collected, if any assessee, under a mistake, misconception or on not being properly instructed. I note that the assess…

Shantinath Detergents Pvt. Ltd, Kolkata vs. DCIT, CC-3(2), Kolkata

In the result, the captioned appeal of the assessee is allowed

ITA 467/KOL/2021[2014-15]Status: DisposedITAT Kolkata22 Nov 2022AY 2014-15
For Appellant: Shri A.K. Tulsiyan, FCAFor Respondent: Shri Amal Shudhir Kamat, CIT
Section 139(1)Section 153ASection 154Section 250

…। आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & SHRI MANISH BORAD, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 467/Kol/2021 Assessment Year: 2014-15 Shantinath Detergents Pvt. Ltd. Deputy Commissioner of Income P-15, Kalakar Street Tax, Central Circle - 3(2), Kolkata Vs Kolkata - 700058 [PAN : AADCS4720M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri A.K. Tulsiyan, FCA Revenue by : Shri Amal Shudhir Kamat, CIT सुनवाई क" तारीख/Date of Hearing : 29/09/2022 घोषणा क" तारीख/Date of Pronouncement : 22/11…

M/S. Trishul Buildtech & Infrastructures Pvt. Ltd., Bengaluru vs. The Deputy Commissioner of Income-Tax, Central Circle-2(2), Bengaluru

In the result, assessee’s appeals are partly allowed

ITA 109/BANG/2022[2018-19]Status: DisposedITAT Bangalore14 Nov 2022AY 2018-19

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri A. Shankar, Senior AdvocateFor Respondent: Shri Manjunath Karkihalli, D.R
Section 250

…ditional income would not automatically entitle the assessing officer to assess the same, if the assessee disputes the same subsequently with corroborative evidences. 10.7. The Hon'ble Bombay High Court has dealt with this issue in case of Balmukund Acharya (310 ITR 310), wherein it was held as under:- "31. Having said so, we must observe that the Apex Court and the various High Courts have ruled that the authorities under the Act ITA Nos.107 to 109/Bang/2022 M/s. Trishul Buildtech & Infrastructures Pvt. Ltd., Bangalore Page 50 of 115 are under an obligation to act in accordance with law. Tax can be collected…

M/S. Trishul Buildtech & Infrastructures Pvt. Ltd., Bengaluru vs. The Deputy Commissioner of Income-Tax, Central Circle-2(2), Bengaluru

In the result, assessee’s appeals are partly allowed

ITA 108/BANG/2022[2017-18]Status: DisposedITAT Bangalore14 Nov 2022AY 2017-18

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri A. Shankar, Senior AdvocateFor Respondent: Shri Manjunath Karkihalli, D.R
Section 250

…ditional income would not automatically entitle the assessing officer to assess the same, if the assessee disputes the same subsequently with corroborative evidences. 10.7. The Hon'ble Bombay High Court has dealt with this issue in case of Balmukund Acharya (310 ITR 310), wherein it was held as under:- "31. Having said so, we must observe that the Apex Court and the various High Courts have ruled that the authorities under the Act ITA Nos.107 to 109/Bang/2022 M/s. Trishul Buildtech & Infrastructures Pvt. Ltd., Bangalore Page 50 of 115 are under an obligation to act in accordance with law. Tax can be collected…

M/S. Trishul Buildtech & Infrastructures Pvt. Ltd., Bengaluru vs. The Deputy Commissioner of Income-Tax, Central Circle-2(2), Bengaluru

In the result, assessee’s appeals are partly allowed

ITA 107/BANG/2022[2016-17]Status: DisposedITAT Bangalore14 Nov 2022AY 2016-17

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri A. Shankar, Senior AdvocateFor Respondent: Shri Manjunath Karkihalli, D.R
Section 250

…ditional income would not automatically entitle the assessing officer to assess the same, if the assessee disputes the same subsequently with corroborative evidences. 10.7. The Hon'ble Bombay High Court has dealt with this issue in case of Balmukund Acharya (310 ITR 310), wherein it was held as under:- "31. Having said so, we must observe that the Apex Court and the various High Courts have ruled that the authorities under the Act ITA Nos.107 to 109/Bang/2022 M/s. Trishul Buildtech & Infrastructures Pvt. Ltd., Bangalore Page 50 of 115 are under an obligation to act in accordance with law. Tax can be collected…

Assistant Commissioner of Income Tax, Central Circel-2(1), Bangalore vs. Sri Mathikere Ramaiah Seetharam, Bangalore

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

ITA 544/BANG/2021[2016-17]Status: DisposedITAT Bangalore07 Nov 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri H. Nagin Khincha &For Respondent: Shri M. Mathivanan, D.R
Section 131Section 132(4)Section 153CSection 45(2)

…dditional income would not automatically entitle the assessing officer to assess the same, if the assessee disputes the same subsequently with corroborative evidences. 8.29 The Hon'ble Bombay High Court has dealt with this issue in case of Balmukund Acharya (310 ITR 310), wherein it was held as under:- "31. Having said so, we must observe that the Apex Court and the various High Courts have ruled that the authorities under the Act are under an obligation to act in accordance with law. Tax can be collected only as provided under the Act. If any assessee, under a mistake, misconceptions or on not being properly i…

Assistant Commissioner of Income Tax, Central Circel-2(1), Bangalore vs. Sri Mathikere Ramaiah Seetharam, Bangalore

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

ITA 543/BANG/2021[2015-16]Status: DisposedITAT Bangalore07 Nov 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri H. Nagin Khincha &For Respondent: Shri M. Mathivanan, D.R
Section 131Section 132(4)Section 153CSection 45(2)

…dditional income would not automatically entitle the assessing officer to assess the same, if the assessee disputes the same subsequently with corroborative evidences. 8.29 The Hon'ble Bombay High Court has dealt with this issue in case of Balmukund Acharya (310 ITR 310), wherein it was held as under:- "31. Having said so, we must observe that the Apex Court and the various High Courts have ruled that the authorities under the Act are under an obligation to act in accordance with law. Tax can be collected only as provided under the Act. If any assessee, under a mistake, misconceptions or on not being properly i…

Assistant Commissioner of Income Tax, Central Circel-2(1), Bangalore vs. Sri Mathikere Ramaiah Seetharam, Bangalore

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

ITA 542/BANG/2021[2014-15]Status: DisposedITAT Bangalore07 Nov 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri H. Nagin Khincha &For Respondent: Shri M. Mathivanan, D.R
Section 131Section 132(4)Section 153CSection 45(2)

…dditional income would not automatically entitle the assessing officer to assess the same, if the assessee disputes the same subsequently with corroborative evidences. 8.29 The Hon'ble Bombay High Court has dealt with this issue in case of Balmukund Acharya (310 ITR 310), wherein it was held as under:- "31. Having said so, we must observe that the Apex Court and the various High Courts have ruled that the authorities under the Act are under an obligation to act in accordance with law. Tax can be collected only as provided under the Act. If any assessee, under a mistake, misconceptions or on not being properly i…

Cma Cgm Sa, Mumbai vs. Asstt CIT (International Taxationa)-2(1)(1), Mumbai

In the result, additional grounds of appeal filed by the assessee are allowed for statistical purpose

ITA 1013/MUM/2021[2017-18]Status: DisposedITAT Mumbai03 Nov 2022AY 2017-18

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Lovish Kumar
Section 143(3)Section 144C(13)Section 144C(5)Section 234BSection 270ASection 44B

…of ground assessee is claiming it non-taxable. It is a well settled principle that true income of the assessee should be taxed and only legitimate taxes should be collected from CMA CGM SA ITA No.1013/Mum./2021 the assessee. [ Re: Balmukund Acharya Vs. DCIT, 310 ITR 310 (Bom)]. The assessee by way of additional evidences has supported the contentions raised in additional grounds of appeal. It is not a case where the assessee has raised altogether a fresh issue which was neither part of the income tax return or assessment proceedings. The assessee has changed its stand from offering income to tax in the return of…