C (A) No. 2620 of 2006 (between CIT v. S. Ajit Kumar

DCIT - 9(2)(1), Mumbai vs. Best Paper Mills Pvt. Ltd., Mumbai

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Aayakr Apila Sam./ Itas No. 4984/Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2014-15) The Dy. Commissioner Of M/S. Best Paper Mills Pvt. Ltd. Income Tax-9(2)(1), 2, Ground Floor, Ram Niwas, Mumbai-400020 Vs. Paranjpe ‘B’ Scheme, Road No.3, Ville Parle (E), Andheri, Mumbai-57 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Aaacb2782M प्रत्याक्षेप सM./ Co No. 351/Mum/2018 (Arising In Ita No. 4984/Mum/2017 For Ay 2014-15) M/S. Best Paper Mills Pvt. Ltd. The Dy. Commissioner Of 2, Ground Floor, Ram Niwas, Income Tax-9(2)(1), Paranjpe ‘B’ Scheme, Vs. Mumbai-400020 Road No.3, Ville Parle (E), Andheri, Mumbai-57 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) अपीलाथी की ओर े / Appellant By : Shri S. Abi Rama Karthikeyan, Dr प्रत्यथी की ओर े / Respondent By : Shri B.V. Jhaveri, Ar ुनवाई की तारीख / Date Of Hearing: 09.07.2019 घोषणा की तारीख / Date Of Pronouncement : 19.07.2019

…284 ITR 220 (Mad.) ; (iv) The material or information found in the course of survey proceeding could not be a basis for making any addition in the block assessment, vide decision of this court in T. C (A) No. 2620 of 2006 (between CIT v. S. Ajit Kumar [2008] 300 ITR 152 (Mad.); (iv) Finally, the word "may" used in section 133A(3)(iii) of the Act, viz., "record the statement of any person which may be useful for, or relevant to, any proceeding under this Act", as already extracted above, makes it clear that the materials collected and the 14 C.O.No. 351/Mum/2018 statement recorded during the survey undersection…

Gts E-Services P.Ltd, Mumbai vs. ITO 15(1)(4), Mumbai

The appeal stands partly allowed

Bench: Hon’Ble Shri Pawan Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.1231/Mum/2017 (िनधा"रण वष" / Assessment Year: 2012-13) Gts E-Services Private Ltd. Income Tax Officer-15(1)(4) 103, A-Wing Kensinton Room No.15B, Ground Floor बनाम/ Hiranandani Business Park Aaykar Bhavan, M.K. Road Vs. Hiranandani Builder Sez Mumbai-400 020. Powai, Mumbai-400 076. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccg-8662-R (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Nilesh Patel- Ld. Ar Revenue By : Shri V.K. Agarwal – Addl. Cit-Ld. Dr सुनवाई की तारीख/ : 26/06/2019 Date Of Hearing घोषणा की तारीख / : 03/07/2019 Date Of Pronouncement आदेश / O R D E R

…/s DCIT [ITA No. 8522/Mum/2011] & Cash Edge (India) Pvt. Ltd. V/s ITO [ITA No.64/Del/2015] coupled with the decisions of Hon’ble Supreme Court rendered in Apollo Tyres 255 ITR 273, Malayalam 10 GTS e-Services Private Limited Assessment Year :2012-13 Manorama 300 ITR 152 & HCL Comnet Systems and Services Ltd. 305 ITR 409. 8.2 After careful perusal of cited judicial decisions, we concur with the submissions made by Ld. AR. The relevant observations of co-oridnate bench of Mumbai Tribunal in Owens Corning (India) Pvt. Ltd. V/s DCIT [supra], for ease of reference, could be extracted in the following manner: - 4.1. T…

DCIT 4(1)(2), Mumbai vs. Ahinsa Infrastucture & Developers Ltd, Mumbai

Bench: Sandeep Gosain, Jm & Shri G. Manjunatha Dy. Cit, Circle – 4(1) Vs. M/S. Ahinsa Infrastructure & Aayakar Bhavan Developers Ltd., M.K.Road, 60, Muljijetha Building 3Rd Floor, 185/187, Princess Mumbai – 400 020 Street, Mumbai – 400 001 Pan/Gir No. Aadca3891R (Appellant) .. (Respondent) & Co No.282/Mum/2018 (Arising Out Of Ita No.3735/Mum/2017 (Assessment Year: 2011-12) M/S. Ahinsa Infrastructure & Vs. Dy. Cit, Circle – 4(1) Developers Ltd., Aayakar Bhavan 60, Muljijetha Building M.K.Road, 3Rd Floor, 185/187, Princess Mumbai – 400 020 Street, Mumbai – 400 001 Pan/Gir No. Aadca3891R (Appellant) .. (Respondent)

…] 284 ITR 220 (Mad.); (iv) The material or information found in the course of survey proceeding could not be a basis for making any addition in the block assessment, vide decision of this court in T. C (A) No. 2620 of 2006 (between CIT v. S. Ajit Kumar [2008] 300 ITR 152(Mad.); (v) Finally, the word "may" used in Section 133A(3)(iii) of the Act, viz., "record the statement of any person which may be useful for or relevant to any proceeding under this Act", as already extracted above, makes it clear that the materials collected and the statement recorded during the survey under section 133A are not conclusive piec…

DCIT 9(2)(1), Mumbai vs. Best Paper Mills P. Ltd, Mumbai

Appeals stand dismissed

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

…: 2007-08 to 2013-14 (iv) The material or information found in the course of survey proceeding could not be a basis for making any addition in the block assessment, vide decision of this court in T. C (A) No. 2620 of 2006 (between CIT v. S. Ajit Kumar [2008] 300 ITR 152 (Mad.); (iv) Finally, the word "may" used in section 133A(3)(iii) of the Act, viz., "record the statement of any person which may be useful for, or relevant to, any proceeding under this Act", as already extracted above, makes it clear that the materials collected and the statement recorded during the survey under section 133A are not conclusive…

Best Paper Mills P.Ltd, Mumbai vs. Asst CIT 9(2)(1), Mumbai

Appeals stand dismissed

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

…: 2007-08 to 2013-14 (iv) The material or information found in the course of survey proceeding could not be a basis for making any addition in the block assessment, vide decision of this court in T. C (A) No. 2620 of 2006 (between CIT v. S. Ajit Kumar [2008] 300 ITR 152 (Mad.); (iv) Finally, the word "may" used in section 133A(3)(iii) of the Act, viz., "record the statement of any person which may be useful for, or relevant to, any proceeding under this Act", as already extracted above, makes it clear that the materials collected and the statement recorded during the survey under section 133A are not conclusive…

Legal Heirs of Late Shreevallabh Damani, Mumbai vs. ACIT Cen Cir 11, Mumbai

In the result, the appeals are allowed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

…s justified in taking the adverse material collected or found during the survey or any other method while making the Block Assessment.” 4.1 We note that the ratio in the aforesaid case emanated from the decision from Hon'ble Madras High Court taken in (2008) 300 ITR 152 (Mad), wherein the facts are different because survey was conducted in the case of M/s Elegant Construction & Interiors Ltd., in connection to the search conducted in case of the assessee, wherein during search, incriminating material was found showing cash payment received by M/s. Elegant Constructions & Interior Ltd. from the assessee. In…

Legal Heirs of Late Shreevallabh Damani, Mumbai vs. ACIT Cen Cir 11, Mumbai

In the result, the appeals are allowed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

…s justified in taking the adverse material collected or found during the survey or any other method while making the Block Assessment.” 4.1 We note that the ratio in the aforesaid case emanated from the decision from Hon'ble Madras High Court taken in (2008) 300 ITR 152 (Mad), wherein the facts are different because survey was conducted in the case of M/s Elegant Construction & Interiors Ltd., in connection to the search conducted in case of the assessee, wherein during search, incriminating material was found showing cash payment received by M/s. Elegant Constructions & Interior Ltd. from the assessee. In…

Legal Heirs of Late Shreevallabh Damani, Mumbai vs. ACIT Cen Cir 11, Mumbai

In the result, the appeals are allowed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

…s justified in taking the adverse material collected or found during the survey or any other method while making the Block Assessment.” 4.1 We note that the ratio in the aforesaid case emanated from the decision from Hon'ble Madras High Court taken in (2008) 300 ITR 152 (Mad), wherein the facts are different because survey was conducted in the case of M/s Elegant Construction & Interiors Ltd., in connection to the search conducted in case of the assessee, wherein during search, incriminating material was found showing cash payment received by M/s. Elegant Constructions & Interior Ltd. from the assessee. In…

Legal Heirs of Late Shreevallabh Damani, Mumbai vs. ACIT Cen Cir 11, Mumbai

In the result, the appeals are allowed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

…s justified in taking the adverse material collected or found during the survey or any other method while making the Block Assessment.” 4.1 We note that the ratio in the aforesaid case emanated from the decision from Hon'ble Madras High Court taken in (2008) 300 ITR 152 (Mad), wherein the facts are different because survey was conducted in the case of M/s Elegant Construction & Interiors Ltd., in connection to the search conducted in case of the assessee, wherein during search, incriminating material was found showing cash payment received by M/s. Elegant Constructions & Interior Ltd. from the assessee. In…