CIT v. Anjum M.H. Ghaswala

Nuclear Power Corporation of India Ltd, Mumbai vs. Addl. C.I.T, Range 3(2), Mumbai

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…has not been done in the manner as prescribed under the aw, then it becomes nullity in the under the aw, then it becomes nullity in the eyes of law. Supreme Court in the case of CIT eyes of law. Supreme Court in the case of CIT v. Anjum M.H. Ghaswala. [2001] 252 ITR 1/119 Taxman ITR 1/119 Taxman 352 ofaseeygettictf it is a normal rule of constructio ofaseeygettictf it is a normal rule of construction that when a statue vests certain powers in an authority t ertain powers in an authority to be exercised in a particular manner, then that authority be exercised in a particular manner, then that authority is bound t…

The Dy CIT 3(2), Mumbai vs. M/S. Nuclear Power Corporation of India Ltd, Mumbai

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…has not been done in the manner as prescribed under the aw, then it becomes nullity in the under the aw, then it becomes nullity in the eyes of law. Supreme Court in the case of CIT eyes of law. Supreme Court in the case of CIT v. Anjum M.H. Ghaswala. [2001] 252 ITR 1/119 Taxman ITR 1/119 Taxman 352 ofaseeygettictf it is a normal rule of constructio ofaseeygettictf it is a normal rule of construction that when a statue vests certain powers in an authority t ertain powers in an authority to be exercised in a particular manner, then that authority be exercised in a particular manner, then that authority is bound t…

Nuclear Power Corporation of India Ltd., Mumbai vs. ACIT Range 3(2), Mumbai

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…has not been done in the manner as prescribed under the aw, then it becomes nullity in the under the aw, then it becomes nullity in the eyes of law. Supreme Court in the case of CIT eyes of law. Supreme Court in the case of CIT v. Anjum M.H. Ghaswala. [2001] 252 ITR 1/119 Taxman ITR 1/119 Taxman 352 ofaseeygettictf it is a normal rule of constructio ofaseeygettictf it is a normal rule of construction that when a statue vests certain powers in an authority t ertain powers in an authority to be exercised in a particular manner, then that authority be exercised in a particular manner, then that authority is bound t…

Nuclear Power Corporation of India Ltd., Mumbai vs. Addl.Commr.of Income Tax, Spl. RG.32, Mumbai

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…has not been done in the manner as prescribed under the aw, then it becomes nullity in the under the aw, then it becomes nullity in the eyes of law. Supreme Court in the case of CIT eyes of law. Supreme Court in the case of CIT v. Anjum M.H. Ghaswala. [2001] 252 ITR 1/119 Taxman ITR 1/119 Taxman 352 ofaseeygettictf it is a normal rule of constructio ofaseeygettictf it is a normal rule of construction that when a statue vests certain powers in an authority t ertain powers in an authority to be exercised in a particular manner, then that authority be exercised in a particular manner, then that authority is bound t…

Nuclear Power Corporation of India Ltd., Mumbai vs. ACIT(OSD) Range 3(2), Mumbai

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…has not been done in the manner as prescribed under the aw, then it becomes nullity in the under the aw, then it becomes nullity in the eyes of law. Supreme Court in the case of CIT eyes of law. Supreme Court in the case of CIT v. Anjum M.H. Ghaswala. [2001] 252 ITR 1/119 Taxman ITR 1/119 Taxman 352 ofaseeygettictf it is a normal rule of constructio ofaseeygettictf it is a normal rule of construction that when a statue vests certain powers in an authority t ertain powers in an authority to be exercised in a particular manner, then that authority be exercised in a particular manner, then that authority is bound t…

Deepak Novochem Technologies Ltd, Mumbai vs. The Assistant Commissioner of Income Tax, Central Circle-8(1), Mumbai

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

…ctive provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. Anjum M.H. Ghaswala Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC) has held that- 26.... Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate to collect to collect interest at the rates stipulated therein. The expression interest at the rates stipulated therein. The expression 'sha…

Deepak Novochem Technologies Ltd, Mumbai vs. The Assistant Commissioner of Income Tax, Central Circle-8(1), Mumbai

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

…ctive provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. Anjum M.H. Ghaswala Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC) has held that- 26.... Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate to collect to collect interest at the rates stipulated therein. The expression interest at the rates stipulated therein. The expression 'sha…

Deepak Novochem Technologies Ltd, Mumbai vs. The Assistant Commissioner of Income Tax, Central Circle-8(1), Mumbai

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

…ctive provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. Anjum M.H. Ghaswala Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC) has held that- 26.... Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate to collect to collect interest at the rates stipulated therein. The expression interest at the rates stipulated therein. The expression 'sha…

Deepak Novochem Technologies Ltd, Mumbai vs. The Assistant Commissioner of Income Tax-Central Circle-8(1), Mumbai

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

…ctive provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. Anjum M.H. Ghaswala Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC) has held that- 26.... Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate to collect to collect interest at the rates stipulated therein. The expression interest at the rates stipulated therein. The expression 'sha…

Deepak Novochem Technologies Ltd, Mumbai vs. The Assistant Commissioner of Income Tax Central Circle-8(1), Mumbai

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

…ctive provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. provisions of the Act. The Hon'ble Apex Court in the case of CIT Vs. Anjum M.H. Ghaswala Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC) has held that- 26.... Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate Sections 234A, 2348 and 234C in clear terms impose a mandate to collect to collect interest at the rates stipulated therein. The expression interest at the rates stipulated therein. The expression 'sha…

Mondelez India Foods P.Ltd (Formerly Known As Cadbury India Limited), Mumbai vs. Asst CIT RG 5(1)(2), Mumbai

In the result, appeal filed by the assessee for AY 2013-14 is allowed for statistical purpose

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

…prescribe." 65. It is important to take note of the word "shall" used in the section. No doubt that under the General Clauses Act, shall can be used as may or vice versa, but the Hon'ble Supreme Court of India in the case of CIT v. Anjum M.H. Ghaswala, [2001] 252 ITR 1/119 Taxman 352, sitting in Constitution Bench explained the exact premise of the word "shall". The case was pertaining to the levy of interest under section 234B on Chapter XIXA of the Income-tax Act, i.e. Settlement Commission. In the decision, the Hon'ble Supreme Court held, 'Nextly, the Commission has elaborately discussed the object of introduc…

Mondelez India Foods P.Ltd, Mumbai vs. Asst CIT RG 5(1)(2), Mumbai

Bench: Vikas Awasthy () & Ms. Padmavathy S. ()

…prescribe." 65. It is important to take note of the word "shall" used in the section. No doubt that under the General Clauses Act, shall can be used as may or vice versa, but the Hon'ble Supreme Court of India in the case of CIT v. Anjum M.H. Ghaswala, [2001] 252 ITR 1/119 Taxman 352, sitting in Constitution Bench explained the exact premise of the word "shall". The case was pertaining to the levy of interest under section 234B on Chapter XIXA of the Income-tax Act, i.e. Settlement Commission. In the decision, the Hon'ble Supreme Court held, 'Nextly, the Commission has elaborately discussed the object of introduc…

Mondelez India Foods P. Ltd, Mumbai vs. DCIT RG 5(1)(2), Mumbai

Bench: Vikas Awasthy () & Ms. Padmavathy S. ()

…prescribe." 65. It is important to take note of the word "shall" used in the section. No doubt that under the General Clauses Act, shall can be used as may or vice versa, but the Hon'ble Supreme Court of India in the case of CIT v. Anjum M.H. Ghaswala, [2001] 252 ITR 1/119 Taxman 352, sitting in Constitution Bench explained the exact premise of the word "shall". The case was pertaining to the levy of interest under section 234B on Chapter XIXA of the Income-tax Act, i.e. Settlement Commission. In the decision, the Hon'ble Supreme Court held, 'Nextly, the Commission has elaborately discussed the object of introduc…

Transporter Industry Internatinal Gmbh, Mumbai vs. Dy CIT International Taxation, Circle-4(1)(2), Mumbai

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

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1240/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2016-17) Transporter Industry बिधम/ Dcit, Int Tax Circle- International Gmbh. 4(1)(2) Vs. Kalisrabe 57, 74076 Air India Building, Heilbronn, Germany, Pin- Nariman Point, Mumbai- 999999. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aafct0013Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nikil Tiwari Revenue By: Shri Soumedu Kumar Dash (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 30/03/2023 घोषणा की तारीख /Date Of Pronouncement: 31/05/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ao/Dcit, Circle-4(1)(2), Mumbai R.W.S 144C(13) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Dated 25.04.2021 Pursuant To The Direction Of The Ld. Dispute Resolution Panel (Drp) Dated 18.03.2021. 2. Ground No. 1 Is General In Nature, So Dismissed. 3. Ground No. 3 Is A Legal Issue Which Has Been Raised By The Assessee Challenging The Action Of The Transfer Pricing Officer (Tpo) To Have Passed The Transfer Pricing (Tp) Order, After The Due Date Prescribed In Section 92(3A) R.W.S 153 Of The Act. Therefore, The Assessee Is Challenging The Action Of The Tpo In Passing Transfer Pricing Order After Limitation Period By Citing The Decision Of The Hon’Ble Madras High Court (Db) In The Case Of M/S. Saint Gobain

…IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI S. RIFAUR RAHMAN, AM आयकर अपील सं/ I.T.A. No.1240/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2016-17) Transporter Industry बिधम/ DCIT, Int Tax Circle- International Gmbh. 4(1)(2) Vs. Kalisrabe 57, 74076 Air India Building, Heilbronn, Germany, Pin- Nariman Point, Mumbai- 999999. 400021. स्थधयी लेखध सं./जीआइआर सं./PAN/GIR No. : AAFCT0013Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee by: Shri Nikil Tiwari Revenue by: Shri Soumedu Kumar Dash (Sr. AR) सुनवाई की तारीख / Date of Hearing: 30/03/2023 घोषणा की…