Bar Association v. State of U P

ACIT-19(3), MUMBAI, MUMBAI vs. RISHABH AVNISH MODY, MUMBAI

In the result, cross objection filed by the assessee is allowed and appeal filed by the revenue is dismissed

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VICE PRESIDENT AND SHRI. MAKARAND VASANT MAHADEOKAR, AM Additional Commissioner of Income Rishabh Avnish Mody 242, Tahnee Heights, 66, Nepeansea Tax -19(3), Mumbai Room No. 513, 5th Floor, Piramal Vs. Road, Mumbai – 400006. Chamber, Parel Mumbai – 400012. PAN/GIR No. AHSPM2264M (Assessee) : (Respondent) C.O. No.35/Mum/2026 (Arising out of ITA No. 8101/Mum/2025) (Assessment Year: 2016-17) Rishabh Avnish Mody Additional Commissioner of 242, Tahnee Heights, 66, Nepeansea Income Tax -19(3), Mumbai Road, Mumbai – 400006. Vs. Room No. 513,…

KALPANA SANJAY PAWAR,MUMBAI vs. ITO WD-41(1)(2), MUMBAI

Bench: the Tribunal challenging the validity of the re-assessment proceedings raising, inter alia, the following grounds: "2. On the facts and circumstances of the case and in law, the learned Assessing Officer has erred in issuing the order under Section 148A(d) and the notice under Section 148 after obtaining the approval of the approval of PCIT-1, Mumbai which was not the correct 'specified authority' as per Section 151 who should have approved it when three years have already elapsed from the

…for Section 148A(b). It is well established that this Court while exercising its jurisdiction under Article 142, is not bound by the procedural requirements of law High Court Bar Association v. State of U P [2024] 160 taxmann.com 32/299 Taxman 21 (SC)/[2024] 6 SCC 267. 81. This Court in Ashish Agarwal (supra) directed the assessing officers to "pass orders in terms of Section 148- A(d) in respect of each of the assesses concerned." Further, it directed the assessing officers to issue a notice under Section 148 of the new regime "after following the procedure as required under section 148-A." Although this Court…

SUDHIR DAMJI BHARANI,MUMBAI vs. ITO WD-27(3)(1), NAVI MUMBAI

Bench: SHRI RAHUL CHAUDHARY (Judicial Member)

…for Section 148A(b). It is well established that this Court while exercising its jurisdiction under Article 142, is not bound by the procedural requirements of law High Court Bar Association v. State of U P [2024] 160 taxmann.com 32/299 Taxman 21 (SC)/[2024] 6 SCC 267. 81. This Court in Ashish Agarwal (supra) directed the assessing officers to "pass orders in terms of Section 148- A(d) in respect of each of the assesses concerned." Further, it directed the assessing officers to issue a notice under Section 148 of the new regime "after following the procedure as required under section 148-A." Although this Court…

BAJRANGLAL BHAWARLAL SHARMA,BORIVALI EAST vs. INCOME TAX OFFICER, KAUTILYA BHAVAN

Bench: SHRI RAHUL CHAUDHARY (Judicial Member)

…for Section 148A(b). It is well established that this Court while exercising its jurisdiction under Article 142, is not bound by the procedural requirements of law High Court Bar Association v. State of U P [2024] 160 taxmann.com 32/299 Taxman 21 (SC)/[2024] 6 SCC 267. 81. This Court in Ashish Agarwal (supra) directed the assessing officers to "pass orders in terms of Section 148- A(d) in respect of each of the assesses concerned." Further, it directed the assessing officers to issue a notice under Section 148 of the new regime "after following the procedure as required under section 148-A." Although this Court…

SAPNA UMESH DUTTA,MUMBAI vs. ITO WARD, 41(2)(5), MUMBAI, MUMBAI

Bench: passing Order, under Section 148A(d) of the Act and issuing notice dated 31/07/2022, the Assessing Officer obtained approval/sanction from the Principal Commissioner of Income Tax, Mumbai. The reassessment proceedings culminated into passing of the Assessment Order, dated 23/05/2023, under Section 147 of the Act. The appeal preferred by the Assessee against the aforesaid Assessment Order was dismissed by the CIT(A) vide Order, dated 27/11/2025. Being aggrieved, the Assessee has preferred th

…for Section 148A(b). It is well established that this Court while exercising its jurisdiction under Article 142, is not bound by the procedural requirements of law High Court Bar Association v. State of U P [2024] 160 taxmann.com 32/299 Taxman 21 (SC)/[2024] 6 SCC 267. 81. This Court in Ashish Agarwal (supra) directed the assessing officers to "pass orders in terms of Section 148- 6 Assessment Year 2017-2018 A(d) in respect of each of the assesses concerned." Further, it directed the assessing officers to issue a notice under Section 148 of the new regime "after following the procedure as required under sectio…

M/S.WELLKNOWN POLYESTERS LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(3)(1), MUMBAI, MUMBAI

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) & SHRI GIRISH AGRAWAL (ACCOUNTANT MEMBER) I.T.A. No. 8704/Mum/2025 Assessment Year: 2016-17 M/s. Wellknown Polysters Vs. Deputy Commissioner of Limited Income tax, Circle – 4(3)(1), 14th Floor, B Wing Nirmal Mumbai Nariman Point Mumbai - 400021 [PAN: AAACW1018K] (Appellant) (Respondent) Assessee by Shri Rakesh Joshi, AR Revenue by Shri Prathmesh Lawand, Sr. DR Date of Hearing 16.02.2026 Date of Pronouncement 20.02.2026 ORDER Per Smt. Beena Pillai, JM: The present appeal filed by the assessee arises out of the order…

ITO-23(3)(6).MUMBAI, MUMBAI vs. RAJESHWAR BULLION TRADING , MUMBAI

In the result, the appeal is dismissed

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokarm/S. Rajeshwar Bullion Trading Income Tax Officer 2Nd Floor, 61/63, Ward 23(3)(6) Har Narayan Building, Vs. Mumbai Zaveri Bazar, Mumbai-400 002 Pan/Gir No. Aasfr 7707 D (Assessee) : (Revenue) & Income Tax Officer M/S. Rajeshwar Bullion Trading Ward 23(3)(6) 2Nd Floor, 61/63, Mumbai Vs. Har Narayan Building, Zaveri Bazar, Mumbai-400 002 Pan/Gir No. Aasfr 7707 D (Revenue) : (Assessee) Appellant By : Shri Dhran Gandhi Respondent By : Shri Annavaram Kosuri (Sr. Ar) Date Of Hearing : 16.02.2026 Date Of Pronouncement : 20.02.2026 O R D E R Per Saktijit Dey: The Captioned Appeals, One By The Assessee & The Other By The Revenue Arise Out Of Two Separate Orders Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi, Pertaining To The Very Same Assessment Year (A.Y. For Short) 2017-18. However, While Assessee’S Appeal Arises Out Of Original Assessment Proceeding, The Revenue’S Appeal Arises Out Of Reassessment Proceeding U/S. 147 Of The Act. M/S. Rajeshwar Bullion Trading 2. At The Outset, We Will Deal With Assessee’S Appeal, Being Ita No.5754/Mum/2025. In Ground Nos. 1 & 2, The Assessee Has Challenged The Decision Of Ld. First Appellate Authority In Remanding The Issue Back To The Assessing Officer (A.O. For Short) For De Novo Adjudication. Whereas, In Ground No. 3, The Assessee Has Challenged The Non-Adjudication Of The Ground Relating To The Applicability Of Section 115Bbe Of The Act. Since, The Issues Are Overlapping, We Will Deal With Them Concurrently.

…for Section 148A(b). It is well established that this Court while exercising its jurisdiction under Article 142, is not bound by the procedural requirements of law. High Court Bar Association v. State of UP [2024] 160 taxmann.com 32/299 Taxmann 21 (SC)/[2024] 6 SCC 267. M/s. Rajeshwar Bullion Trading 16. Following the decision of Hon'ble Apex Court in case of Union of India vs. Rajeev Bansal (supra), the Hon'ble Jurisdictional High Court in case of Alag Property Construction (P.) Ltd.(supra) has held as under: 8. On bare reading of the above extract of the judgment of the Hon'ble Supreme Court in the case of Raj…

M/S. RAJESHWAR BULLION TRADING ,MUMBAI vs. ASST. CIT, CIRCLE 23(3), MUMBAI

In the result, the appeal is dismissed

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokarm/S. Rajeshwar Bullion Trading Income Tax Officer 2Nd Floor, 61/63, Ward 23(3)(6) Har Narayan Building, Vs. Mumbai Zaveri Bazar, Mumbai-400 002 Pan/Gir No. Aasfr 7707 D (Assessee) : (Revenue) & Income Tax Officer M/S. Rajeshwar Bullion Trading Ward 23(3)(6) 2Nd Floor, 61/63, Mumbai Vs. Har Narayan Building, Zaveri Bazar, Mumbai-400 002 Pan/Gir No. Aasfr 7707 D (Revenue) : (Assessee) Appellant By : Shri Dhran Gandhi Respondent By : Shri Annavaram Kosuri (Sr. Ar) Date Of Hearing : 16.02.2026 Date Of Pronouncement : 20.02.2026 O R D E R Per Saktijit Dey: The Captioned Appeals, One By The Assessee & The Other By The Revenue Arise Out Of Two Separate Orders Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi, Pertaining To The Very Same Assessment Year (A.Y. For Short) 2017-18. However, While Assessee’S Appeal Arises Out Of Original Assessment Proceeding, The Revenue’S Appeal Arises Out Of Reassessment Proceeding U/S. 147 Of The Act. M/S. Rajeshwar Bullion Trading 2. At The Outset, We Will Deal With Assessee’S Appeal, Being Ita No.5754/Mum/2025. In Ground Nos. 1 & 2, The Assessee Has Challenged The Decision Of Ld. First Appellate Authority In Remanding The Issue Back To The Assessing Officer (A.O. For Short) For De Novo Adjudication. Whereas, In Ground No. 3, The Assessee Has Challenged The Non-Adjudication Of The Ground Relating To The Applicability Of Section 115Bbe Of The Act. Since, The Issues Are Overlapping, We Will Deal With Them Concurrently.

…for Section 148A(b). It is well established that this Court while exercising its jurisdiction under Article 142, is not bound by the procedural requirements of law. High Court Bar Association v. State of UP [2024] 160 taxmann.com 32/299 Taxmann 21 (SC)/[2024] 6 SCC 267. M/s. Rajeshwar Bullion Trading 16. Following the decision of Hon'ble Apex Court in case of Union of India vs. Rajeev Bansal (supra), the Hon'ble Jurisdictional High Court in case of Alag Property Construction (P.) Ltd.(supra) has held as under: 8. On bare reading of the above extract of the judgment of the Hon'ble Supreme Court in the case of Raj…

ACIT22(1), MUMBAI vs. SPR ASSOCIATES, MUMBAI

In the result, the appeal filed by the revenue stands dismissed and the cross-objection filed by assessee stands allowed

Bench: Smt. Beena Pillai () & Shri Arun Khodpia, ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) & SHRI ARUN KHODPIA, (ACCOUNTANT MEMBER) I.T.A. No. 6562/Mum/2025 Assessment Year: 2018-19 DCIT, 22(1) Vs. SPR ASSOCIATES 107 108 Anand Estate NM Joshi Marg Chinchpokli West Mumbai - 400011 [PAN: AAVFS7300J] (Appellant) (Respondent) C.O. No. 53/Mum/2026 Assessment Year: 2018-19 SPR ASSOCIATES Vs. DCIT, 22(1) 107 108 Anand Estate NM Joshi Marg Chinchpokli West Mumbai - 400011 [PAN: AAVFS7300J] (Appellant) (Respondent) Assessee by Ms. Mitali Parekh, Adv. Revenue by Shri Dr. Raghvendra P. Chambolkar, Sr. DR Date of…

ADARSH DEVELOPERS,MUMBAI vs. ITO, WARD 22(3)(1), MUMBAI, MUMBAI

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai () & Shri Jagadish ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) & SHRI JAGADISH (ACCOUNTANT MEMBER) I.T.A. No. 7945/Mum/2025 Assessment Year: 2017-18 Adarsh Developers Vs. ITO, Ward-22(3)(1), Mumbai B/1, Sukhsagar Co.op Hsg. Soc. Golibar Road Santacruz (E) Mumbai - 400055 [PAN: AANFM3760A] (Appellant) (Respondent) Assessee by Shri Prakash Jhunjhunwala & Shri Saiprasad Ghosh, A/Rs Revenue by Shri Limbasiya Kavan Nareshkumar, Sr. DR. Date of Hearing 10.02.2026 Date of Pronouncement 16.02.2026 ORDER Per Smt. Beena Pillai, JM: The present appeal filed by the assessee arises out of…

DCIT CENTRAL CIRCLE- 7(1), MUMBAI, MUMBAI vs. BHAVIK PRAFULCHANDRA VORA, GUJRAT

In the result, the appeal filed by the revenue is dismissed and cross-objection filed by assessee is partly allowed

Bench: Smt. Beena Pillai ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) I.T.A. No. 7602/Mum/2025 Assessment Year: 2016-17 DCIT, Central Circle – 7(1), Vs. Bhavik Prafulchandra Vora Mumbai 3, Ashapura Park B/H, Vimalnath Society 80Ft. Road Surendranagar Station Road Gujarat - 363001 [PAN: ADIPV3436E] (Appellant) (Respondent) C.O. No. 20/Mum/2026 Assessment Year: 2016-17 Bhavik Prafulchandra Vora Vs. DCIT, Central Circle – 7(1), 3, Ashapura Park Mumbai B/H, Vimalnath Society 80Ft. Road Surendranagar Station Road Gujarat - 363001 [PAN: ADIPV3436E] (Appellant) (Respondent) Assessee by Shr…

DCIT CENTRAL CIRCLE- 7(1), MUMBAI, MUMBAI vs. PRANAVKUMAR PRAFULCHANDRA VORA, GUJRAT

In the result, the appeal filed by the revenue is dismissed and cross-objection filed by assessee is partly allowed

Bench: Smt. Beena Pillai ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) I.T.A. No. 7596/Mum/2025 Assessment Year: 2017-18 DCIT, Central Circle – 7(1), Vs. Pranavkumar Prafulchandra Mumbai Vora 3, Ashapura Park B/H, Vimalnath Society 80Ft. Road Surendranagar Station Road Gujarat - 363001 [PAN: ACYPV7581R] (Appellant) (Respondent) C.O. No. 22/Mum/2026 Assessment Year: 2017-18 Pranavkumar Prafulchandra Vs. DCIT, Central Circle – 7(1), Vora Mumbai 3, Ashapura Park B/H, Vimalnath Society 80Ft. Road Surendranagar Station Road Gujarat - 363001 [PAN: ACYPV7581R] (Appellant) (Respondent) Asses…

DATTATRAY VITHOBA SAWANT,KALYAN vs. INCOME TAX OFFICER, WD-42(2)(2), MUMBAI

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) I.T.A. No. 6081/Mum/2025 Assessment Year: 2017-18 Dattatray Vithoba Sawant Vs. Income tax Officer, Ward- D7/1103, Rounak City 42(2)(2) Sector-4, Khadakpada Kalyan (West) Maharashtra - 421301 [PAN: ACLPS7508Q] (Appellant) (Respondent) Assessee by Shri Saiprasad Ghosh, A/R Revenue by Shri Limbasiya Kavan Nareshkumar, Sr. DR. Date of Hearing 02.02.2026 Date of Pronouncement 13.02.2026 ORDER Per Smt. Beena Pillai, JM: The present appeal filed by the assessee arises out of the order dated 28/07/2025 passed by the NFA…

PRABHULAL KALJI DOSHI ,MUMBAI vs. ITO WARD 19(2)(4), MUMBAI

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) I.T.A. No. 7421/Mum/2025 Assessment Year: 2017-18 PRABHULAL KALJI DOSHI Vs. ITO Ward-19(2)(4) Room No. 65, 1st Floor Moti Mention 5th Khetwadi Lane Mumbai - 400004 [PAN: ADWPD9204C] (Appellant) (Respondent) Assessee by Shri Ajay R. Singh a/w Shri Akshay Pawar, A/Rs Revenue by Shri Limbasiya Kavan Nareshkumar, Sr. DR. Date of Hearing 02.02.2026 Date of Pronouncement 12.02.2026 ORDER Per Smt. Beena Pillai, JM: The present appeal filed by the assessee arises out of the order dated 06/06/2025 passed by the NFAC, Del…

DEVANSHI SHARMA ,MUMBAI vs. ITO WARD 34(1)(1), MUMBAI

In the result, the appeal is allowed as indicated above

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokardevanshi Sharma Ito, Ward 34(1)(1) 216, 2Nd Floor, Kautaliya Bhawan, Sagar Jyoti, Plot No. 18, Vs. 6Th Road, Jvpd Scheme, G-Block, Bandra Kurla Complex, Vile Parle (W), Mumbai-400 056 Bandra (E), Mumbai-400 051 Pan/Gir No. Cmvpk 6007 Q (Appellant) : (Respondent) Appellant By : Shri Shashank Mehta Respondent By : Shri Annavaram Kosuri Date Of Hearing : 05.02.2026 Date Of Pronouncement : 10.02.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Against Order Dated 27.10.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2017-18. 2. In Ground No. 1, The Assessee Has Raised A Pertinent Legal Issue, Challenging The Validity Of The Order Passed U/S. 148A(D) Of The Income Tax Act, 1961 (‘The Act’ For Short) As Also The Notice Issued U/S. 148 Of The Act. Since, The Aforesaid Issue Raised By The Assessee Is A Purely Legal & Jurisdictional Issue Going To The Root Of The Matter & Affecting The Validity Of The Proceedings Initiated U/S. 147 Of The Act, We Are Inclined To Address The Issue At The Very Outset.

…r section 151 for section 148A(b) notices. It is well established that this court while exercising its jurisdiction under article 142, is not bound by the procedural requirements of law. (High Court Bar Association, Allahabad v. State of Uttar Pradesh [(2024) 6 SCC 267.]) 81. This court in Union of India v. Ashish Agarwal [[2022] 138 taxmann.com 64 (SC)/[2022] 286 Taxman 183 (SC)/[2022] 444 ITR 1 (SC); (2023) 1 SCC 617.] directed the Assessing Officers to "pass orders in terms of section 148A(d) in respect of each of the assessees concerned". Further, it directed the Assessing Officers to issue a notice under sec…

SUMAN JAGANNATH SANKHE,MUMBAI vs. ITO WARD 41.4.4, KAUTILYA BHAVAN, MUMBAI

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) I.T.A. No. 7528/Mum/2025 Assessment Year: 2016-17 Suman Jagannath Sankhe Vs. Commissioner of Income Tax (Appeals) Flat No. 302, Best View CHS Ltd Yashodham, Opp. Dindoshi Bus Depot, Goregaon East S.O. Mumbai Pin- 4000063 [PAN: AOBPS0058P] (Appellant) (Respondent) Assessee by Shri Nishit Gandhi, AR Revenue by Shri Limbasiya Kavan Nareshkumar, Sr. DR. Date of Hearing 03.02.2026 Date of Pronouncement 06.02.2026 ORDER Per Smt. Beena Pillai, JM: Present appeal filed by assessee arises out of order dated 14/10/2025 pas…

LATE CHANCHAL HIRALAL SHAH (REPRESENTED BY LEGAL HEIR ROHIT HIRALAL SHAH),MUMBAI vs. ITO, WARD-20(1)(1), MUMBAI

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) I.T.A. No. 6349/Mum/2025 Assessment Year: 2017-18 Late Chanchal Hiralal Shah Vs. Income Tax Officer, Ward- [Represented by Rohit Hiralal Shah] 20(1)(1), Mumbai 188/6, Buddha Bhavan S.S. Wagh Marg Opp. Bombay Dyeing Spinning Mills Naigaon, Dada (East) Mumbai - 400014 [PAN: AAOPS4395J] (Appellant) (Respondent) Assessee by Shri Bhavya Rangai a/w Shri Bhadresh Doshi, ARs Revenue by Shri Limbasiya Kavan Nareshkumar, Sr. DR. Date of Hearing 03.02.2026 Date of Pronouncement 06.02.2026 ORDER Per Smt. Beena Pillai, JM: P…