Central Provinces Manganese Ore Co. Ltd. v. ITO

Hemang Hasmukhray Doshi (Prop. of Minolta Chem), Mumbai vs. Income Tax Officer - 27(1)(3), Mumbai

In the result, this appeal filed by the assessee stands dismissed

Bench: Shri Shamim Yahya, Am & Shri Pawan Singh, Jm

…ead to mean that the AO should have finally ascertained the fact by legal statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

Sanjay Kailash Gupta, Kalyan vs. ITO WD 3(4), Kalyan

In the result, this appeal filed by the assessee stands dismissed

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No.7077/Mum/2016 ("नधा"रण वष" / Assessment Year: 2010-11) Sanjay Kailash Gupta The Income Tax Officer, बनाम/ 707, A7, Kingstone Yogidham, Ward 3(4), Kalyan Murbad Road, Shop No. 1, 2, 3, Kasturigram Society, Rani Mansion, Kalyan (West) Vs. Khadakpada, Kalyan (West) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Adtpg 0574 H (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Ms. Aarju Garodia सुनवाई क" तार"ख / : 04.06.2018 Date Of Hearing घोषणा क" तार"ख / : 02.07.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Thane Dated 13.07.2016 & Pertains To The Assessment Year 2010-11. 2. The Issue Raised Is That Ld. Commissioner Of Income Tax (Appeals) Erred In Sustaining Disallowance Of 12.5 % Of Bogus Purchase.

…ead to mean that the AO should have finally ascertained the fact by legal statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

ITO 19(2)(3), Mumbai vs. Meenakshi N Shah, Mumbai

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2007-08 Dcit 5(2)(2) Meridian Chem Bond Mumbai Purchase Ltd., बनाम/ 903 Raheja Centre, Free Vs. Press Journal Marg, Nariman Point, Mumbai 400 021 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. Aaacr1789G

…SST. CIT [2006] 284 ITR 593 and also considered the decisions in Adani Exports v. Deputy CIT (Assessment) [1999] 240 ITR 224 (Guj), Apogee International Ltd. v. Union of India [1996] 220 ITR 248 (SC), Central Provinces Manganese Ore Co. Ltd. v. ITO [1991] 191 ITR 662 (SC), (ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC), Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). In the present appeal, the return filed by the assessee was processed under section. 143(1) of the Act and on the basis of information received from Investigation Wing and consequent search carried out in the cas…

Pankaj Kishor Shah, Mumbai vs. ITO 25(2)(2), Mumbai

In the result, this appeal filed by the assessee stand partly allowed

Bench: Shri Shamim Yahya, Am आयकर अपील सं./I.T.A. No. 966/Mum/2017 ("नधा"रण वष" / Assessment Year: 2011-12) Shri Pankaj Kishor Shah Ito-25(2)(2), बनाम/ 7/8, Neel Kamal, Pratyakshakar Bhawan, Roshan Nagar, Borivali (W), Bandra Kurla Complex, Bandra (E), Vs. Mumbai-400 092 Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Acpps 1076 B (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Ms. Hemalatha N. सुनवाई क" तार"ख / : 05.03.2018 Date Of Hearing घोषणा क" तार"ख / : 21.05.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) Dated 30.12.2016 & Pertains To Assessment Year 2011-12. 2. The Grounds Of Appeal Read As Under: I. 1. The Commissioner Of Income Tax(Appeal) - 44 ("The Cit (A)") Erred In Confirming The Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 ('The Act') Without Affording The Appellant A Proper Opportunity Of Cross Examination.

…ead to mean that the AO should have finally ascertained the fact by legal statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

S. Gupta & Co., Jaipur vs. ITO 12(2)(1), Mumbai

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

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm आयकर अपील सं./I.T.A. No. 2949/Mum/2016 ("नधा"रण वष" / Assessment Year: 2007-08) M/S. S. Gupta & Co. Income Tax Officer, Ward-12(2)(1), बनाम/ Metro House, 2Nd Floor, Mumbai M. G. Road, Mumbai-400 020 Vs. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafs 4486 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri S. L. Poddar ""यथ" क" ओर से/Respondent By : Shri V. Justin

…ead to mean that the AO should have finally ascertained the fact by legal statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

Jay Ma Durga Buildtech P. Ltd, Mumbai vs. DCIT Cen Cir 7(3), Mumbai

In the result, the appeal of assessee is allowed

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am Jay Maa Durga Buildtech The Deputy Commissioner Private Limited (Merged With Of Income Tax, Cc-7(3), Lodha Construction Private Room No. 655, Aayakar Limited) Bhavan, M.K. Road, Vs. 412, Floor-4, 17G Vardhaman Mumbai-400 020 Chamber, Cawasji Patel Road, Horniman Circle, Fort, Mumbai-400 001 Appellant .. Respondent Pan No. Aabcj7826P

…on. The function of the AO is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers As observed by the Delhi High Court in Central Provinces Manganese Ore Co. Ltd vs. ITO (1991) 98 CTR (SC) 161 (1991) 191 ITR 662 (SC) for initiation of action under s 147(a) (as the provision stood at the relevant time) fulfilment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is ‘’reason to believe", but not the established fact of es…

ITO 6(3)(3), Mumbai vs. Juliet Industries Ltd. (Formerly Known As Juliet Products Ltd.), Mumbai

Bench: Shri C.N. Prasad, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No. 5452/Mum/2016 (िनधा"रण वष" / Assessment Year: 2009-10) Juliet Industries Limited Income Tax Officer 6(3)(3) Room No. 524, 5Th Floor A-313 बनाम/ Shah & Nayar Industrial Estate Aaykar Bhawan Vs. Lower Parel M.K.Road Mumbai-400 020 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacj-6924-H (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No. 5975/Mum/2016 (िनधा"रण वष" / Assessment Year: 2009-10) Income Tax Officer 6(3)(3) Juliet Industries Limited Room No. 524, 5Th Floor A-313 बनाम/ Aaykar Bhawan Shah & Nayar Industrial Estate Vs. M.K.Road Lower Parel Mumbai-400 020 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacj-6924-H (अपीलाथ" /Appellant) (""थ" / Respondent) :

…r conclusion. The function of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Manganese Ore Co. Ltd. v. ITO [1991] 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…