CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.

ACIT Central Circle-2(1), Mumbai vs. M/S. G Nine Modular Pvt. Ltd., Mumbai

In the result, all the four appeals of the Revenue are In the result, all the four appeals of the Revenue are In the result, all the four appeals of the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale ()

…al the course of search, f the course of search, following the finding of the Hon’ble Bombay ollowing the finding of the Hon’ble Bombay High Court in the case of High Court in the case of Continental Warehousing Corporation Continental Warehousing Corporation 374 ITR 645 (Bom). 5. Aggrieved with the fi Aggrieved with the finding of the Ld. CIT(A), the Revenue is nding of the Ld. CIT(A), the Revenue is before the Tribunal by way of challenging the finding of the Ld. before the Tribunal by way of challenging the finding of the Ld. before the Tribunal by way of challenging the finding of the Ld. CIT(A). In ground N…

ACIT Central Circle-2(1), Mumbai vs. M/S. G Nine Modular Pvt. Ltd., Mumbai

In the result, all the four appeals of the Revenue are In the result, all the four appeals of the Revenue are In the result, all the four appeals of the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale ()

…al the course of search, f the course of search, following the finding of the Hon’ble Bombay ollowing the finding of the Hon’ble Bombay High Court in the case of High Court in the case of Continental Warehousing Corporation Continental Warehousing Corporation 374 ITR 645 (Bom). 5. Aggrieved with the fi Aggrieved with the finding of the Ld. CIT(A), the Revenue is nding of the Ld. CIT(A), the Revenue is before the Tribunal by way of challenging the finding of the Ld. before the Tribunal by way of challenging the finding of the Ld. before the Tribunal by way of challenging the finding of the Ld. CIT(A). In ground N…

ACIT Central Circle-2(1), Mumbai vs. M/S. G Nine Modular Pvt. Ltd., Mumbai

In the result, all the four appeals of the Revenue are In the result, all the four appeals of the Revenue are In the result, all the four appeals of the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale ()

…al the course of search, f the course of search, following the finding of the Hon’ble Bombay ollowing the finding of the Hon’ble Bombay High Court in the case of High Court in the case of Continental Warehousing Corporation Continental Warehousing Corporation 374 ITR 645 (Bom). 5. Aggrieved with the fi Aggrieved with the finding of the Ld. CIT(A), the Revenue is nding of the Ld. CIT(A), the Revenue is before the Tribunal by way of challenging the finding of the Ld. before the Tribunal by way of challenging the finding of the Ld. before the Tribunal by way of challenging the finding of the Ld. CIT(A). In ground N…

Suman Gupta, Mumbai vs. DCIT - CC- 4(2), Mumbai

In the result, appeal of the assessee for assessment year 2015

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 3860 & 3859/Mum/2018 Assessment Years: 2014-15 & 2015-16 Smt. Suman Gupta, Dy. Cit Cc-4(2), 6Th New Harileela House, Air India Building, 19Th Mint Road, Fort, Vs. Floor, Room No. 1918, Mumbai-400 001. Nariman Point, Mumbai-21. Pan No. Ahqpg 0220 P Appellant Respondent Assessee By : Mr. Bhupendra Karkhanis & Mr. Aakash Marthak & Mr. Vijay Bhatt, Ars Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 02/03/2023 : Date Of Pronouncement 27/04/2023 Order

…ble dispute and perused the relevant material on record. The Hon’ble dispute and perused the relevant material on record. The Hon’ble Bombay High Court in the case of Bombay High Court in the case of Continental Warehousing Continental Warehousing Corporation 374 ITR 645 (Bom) Corporation 374 ITR 645 (Bom)held that in case of unabated held that in case of unabated assessment no addition could have been made no addition could have been made except except the aid of the incriminating material found during the course of the search. We incriminating material found during the course of the search. We incriminating mat…

M/S. Viraj Profiles Ltd, Mumbai vs. DCIT Cent . Cir 3(2), Mumbai

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

…that the decision of the Special Bench of the Tribunal in Al-Cargo Global Logistics Ltd. was a subject matter of challenge before this Court as a part of the group of appeals disposed of as CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645/58 taxmann.com 78/232 Taxman 270 (Bom.) upholding the view of the Special Bench of the Tribunal in Al- Cargo Global Logistics Ltd. Consequently, once an assessment has attained finality for a particular year i.e. it is not pending then the same cannot be subject to tax in proceedings under Section 153A of the Act. This of course would not apply i…

DCIT, CC-7(3), Mumbai vs. Satish Jagannath Aggarwal, Mumbai

In the result, the appeal of the revenue stand dismissed

…additions based on the Incriminating material found and seized during the course of search operation This view has been upheld in various judicial pronouncements. 6.3.28 The Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation [374 ITR 645], has held that when the assessment has attained finality, then the AO while passing the independent assessment order u/s 153A of the Act can't disturb the assessment reassessment order which has attained finality, unless the materials gathered the course of the proceedings us 132 of the Act establish that the relief granted under the finalized a…

ACIT, Central Circle-2(1), Mumbai vs. M/S Rishabraj Infra Pvt. Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

Bench: Shri B R Baskaran & Shir Pavan Kumar Gadaleita Nos. 3246/Mum/2022 (A.Y: 2015-16) Acit, C.Circle -2(1), Vs. Rishabraj Infrapvtltd., Old Cgo Bldg, 804, 212, 2Nd Floor, B Wing, 8Th Floor, M.K. Road, Bldg No. 3, Hari Om Mumbai – 400020. Plaza, Mg Road, Boravali (E), Mumbai-400066. Pan/Gir No. : Aadcv2975P Appellant .. Respondent Appellant By : Ms.Riddhi Mishra.Dr Revenue By : Mr.Karan Jain.Ar Date Of Hearing 18.04.2023 Date Of Pronouncement 24.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-48, Mumbai Passed U/Sec 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

…case. According to the Ld. AR of the appellant, this being completed assessment, no interference can be made in the absence of incriminating material unearthed during search as held in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 Bombay) Decision on Ground No. 5: 8.2 I have carefully considered the facts of the case, submissions of the Appellant, the observations of the AO contained in the assessment order and other material on record on this issue. In thesgrounds, the Ld. AR of the appellant has contended that the assessment order passed u/s 153A r.w.s 143(3) of the Ac…

The Dy.Comm. of Income Tax, Central Circle-5(1) ., Mumbai vs. M/S. Shah & Parikh, Mumbai

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalethe Dcit, Vs. M/S Shah & Parikh Central Circle 5(1), 2, Vallabh Niwas, Room No. 1928, 19Th Malviya Road, Floor, Air India Bldg, Vile Parle(E), Nariman Point, Mumbai-400057 Mumbai – 400021. Pan/Gir No. : Aajfs4684D Appellant .. Respondent

…that the decision of the Special Bench of the Tribunal in Al-Cargo Global Logistics Ltd. was a subject matter of challenge before this Court as a part of the group of appeals disposed of as CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645/58 taxmann.com 78/232 Taxman 270 (Bom.) upholding the view of the Special Bench of the Tribunal in Al- Cargo Global Logistics Ltd. Consequently, once an assessment has attained finality for a particular year i.e. it is not pending then the same cannot be subject to tax in proceedings under Section 153A of the Act. This of course would not apply i…

The Dy Comm. of Income Tax, Central Circle-5(1), Mumbai vs. M/S Rps Infra Projects Private Limited, Mumbai

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalethe Dcit, Vs. M/S Rps Priti Jv, Central Circle 5(1), C-113, Shyamkamal Room No. 1928, 19Th Bldg, 27 Tejpal Road, Floor, Air India Bldg, Agarwal Market, Vile Nariman Point, Parle (E), Mumbai – 400021. Mumbai-400057. Pan/Gir No. : Aabar7230F Appellant .. Respondent

…that the decision of the Special Bench of the Tribunal in Al-Cargo Global Logistics Ltd. was a subject matter of challenge before this Court as a part of the group of appeals disposed of as CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645/58 taxmann.com 78/232 Taxman 270 (Bom.) upholding the view of the Special Bench of the Tribunal in Al- Cargo Global Logistics Ltd. Consequently, once an assessment has attained finality for a particular year i.e. it is not pending then the same cannot be subject to tax in proceedings under Section 153A of the Act. This of course would not apply i…

Moraj Building Concepts Pvt Ltd, Navi Mumbai vs. DCIT Central Cirle - 5(2), Mumbai

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…oceedings. It was submitted that there is absolutely no connection with the material found during the search, and the facts of the present case is squarely covered by the Hon'ble Bombay High Court in the case of CIT v. Continental Warehouse Corporation (2015) 374 ITR 645, Murli Agro Products Ltd., [49 taxmann.com 172 (Bom)] and of the Hon'ble Delhi High Court in the cases of Kabul Chawla 380 ITR 573 and Ms. Lata Jain [384 ITR 543]. 5. On the other hand, Ld. DR relied on the orders of the lower authorities and supported their findings. 6. Considered the rival submissions and material placed on record, we observe…

Moraj Building Concepts Pvt. Ltd, Mumbai vs. DCIT Central Circle- 5(2), Mumbai

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…oceedings. It was submitted that there is absolutely no connection with the material found during the search, and the facts of the present case is squarely covered by the Hon'ble Bombay High Court in the case of CIT v. Continental Warehouse Corporation (2015) 374 ITR 645, Murli Agro Products Ltd., [49 taxmann.com 172 (Bom)] and of the Hon'ble Delhi High Court in the cases of Kabul Chawla 380 ITR 573 and Ms. Lata Jain [384 ITR 543]. 5. On the other hand, Ld. DR relied on the orders of the lower authorities and supported their findings. 6. Considered the rival submissions and material placed on record, we observe…

Moraj Building Concepts Pvt. Ltd, Mumbai vs. DCIT Cent. Cir -5(2), Mumbai

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…oceedings. It was submitted that there is absolutely no connection with the material found during the search, and the facts of the present case is squarely covered by the Hon'ble Bombay High Court in the case of CIT v. Continental Warehouse Corporation (2015) 374 ITR 645, Murli Agro Products Ltd., [49 taxmann.com 172 (Bom)] and of the Hon'ble Delhi High Court in the cases of Kabul Chawla 380 ITR 573 and Ms. Lata Jain [384 ITR 543]. 5. On the other hand, Ld. DR relied on the orders of the lower authorities and supported their findings. 6. Considered the rival submissions and material placed on record, we observe…