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

ACIT Cent Cir 2(1), Mumbai vs. Shri Amish A Modi, Mumbai

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahman

…h has been done. It is clear that search was conducted on 27.10.2014 and assessment year involved A.Y. 2010-11 was not abated assessment. Hence on the touchstone of Hon'ble Jurisdictional High Court decision in the case of Continental Warehousing Corporation (374 ITR 645), no addition was permissible dehorse incriminating material found. Since no incriminating material has been mentioned with respect to addition made, I set aside the orders of the authorities below and delete the addition. A.Y. 2011-12 5. In this appeal the assessee is aggrieved by the addition of Rs. 30,743/- as commission income and Rs. 12,36,0…

Amish Anantrai Modi, Mumbai vs. DCIT 2(1), Mumbai

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahman

…h has been done. It is clear that search was conducted on 27.10.2014 and assessment year involved A.Y. 2010-11 was not abated assessment. Hence on the touchstone of Hon'ble Jurisdictional High Court decision in the case of Continental Warehousing Corporation (374 ITR 645), no addition was permissible dehorse incriminating material found. Since no incriminating material has been mentioned with respect to addition made, I set aside the orders of the authorities below and delete the addition. A.Y. 2011-12 5. In this appeal the assessee is aggrieved by the addition of Rs. 30,743/- as commission income and Rs. 12,36,0…

Asstt. CIT, Central Cir-2(1), Mumbai vs. Shri Amish A Modi, Mumbai

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahman

…h has been done. It is clear that search was conducted on 27.10.2014 and assessment year involved A.Y. 2010-11 was not abated assessment. Hence on the touchstone of Hon'ble Jurisdictional High Court decision in the case of Continental Warehousing Corporation (374 ITR 645), no addition was permissible dehorse incriminating material found. Since no incriminating material has been mentioned with respect to addition made, I set aside the orders of the authorities below and delete the addition. A.Y. 2011-12 5. In this appeal the assessee is aggrieved by the addition of Rs. 30,743/- as commission income and Rs. 12,36,0…

Amish Anantrai Modi, Mumbai vs. Dy Cti-CC-2(1), Mumbai

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahman

…h has been done. It is clear that search was conducted on 27.10.2014 and assessment year involved A.Y. 2010-11 was not abated assessment. Hence on the touchstone of Hon'ble Jurisdictional High Court decision in the case of Continental Warehousing Corporation (374 ITR 645), no addition was permissible dehorse incriminating material found. Since no incriminating material has been mentioned with respect to addition made, I set aside the orders of the authorities below and delete the addition. A.Y. 2011-12 5. In this appeal the assessee is aggrieved by the addition of Rs. 30,743/- as commission income and Rs. 12,36,0…

Amish Anantrai Modi, Mumbai vs. Dy Cti-CC-2(1), Mumbai

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahman

…h has been done. It is clear that search was conducted on 27.10.2014 and assessment year involved A.Y. 2010-11 was not abated assessment. Hence on the touchstone of Hon'ble Jurisdictional High Court decision in the case of Continental Warehousing Corporation (374 ITR 645), no addition was permissible dehorse incriminating material found. Since no incriminating material has been mentioned with respect to addition made, I set aside the orders of the authorities below and delete the addition. A.Y. 2011-12 5. In this appeal the assessee is aggrieved by the addition of Rs. 30,743/- as commission income and Rs. 12,36,0…

Joint Commissioner of Income Tax - Central Circle 1(4), Mumbai vs. Essel Mining & Industries Limited, Mumbai

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

Bench: Us:-

…the search assessments without existence of any incriminating material relatable to such assessment year. Reliance in this regard is placed on the decision of the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645. There is yet another decision which was rendered by the Hon’ble Calcutta High Court in the context of section 153C proceedings in the case of CIT vs. Veer Prabhu Marketing Ltd., reported in 73 taxmann.com 149 laying down the similar proposition. 4.7. In view of the aforesaid observations and respectfully following the judicial precedents relied…

Essel Mining & Industries Limited, Mumbai vs. Deputy Commissioner of Income Tax - Central Circle 1(4), Mumbai

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

Bench: Us:-

…the search assessments without existence of any incriminating material relatable to such assessment year. Reliance in this regard is placed on the decision of the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645. There is yet another decision which was rendered by the Hon’ble Calcutta High Court in the context of section 153C proceedings in the case of CIT vs. Veer Prabhu Marketing Ltd., reported in 73 taxmann.com 149 laying down the similar proposition. 4.7. In view of the aforesaid observations and respectfully following the judicial precedents relied…

The ACIT Cent. Cir -5(4), Mumbai vs. Shri Nitan Chhatwal, Mumbai

In the result, the both the appeals of the revenue are dismissed

…year 2013- 14 fell under the category of “unabated assessment’ and accordingly, the assessee placed his reliance on the decision rendered by Hon’ble jurisdictional Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Seva) Ltd (374 ITR 645) and CIT vs. Gurinder Singh Bawa (386 ITR 483). 3 Nitan Chhatwal 4. The Ld CIT(A) rejected the legal contention of the assessee with the following observations:- “5.2 The facts and findings recorded in the assessment order by the AO and the submission made by the assessee have been examined. The Appellant has claimed that the assessment for th…

ACIT Cent. Cir -5(4), Mumbai vs. Shri Nitan Chhatwal, Mumbai

In the result, the both the appeals of the revenue are dismissed

…year 2013- 14 fell under the category of “unabated assessment’ and accordingly, the assessee placed his reliance on the decision rendered by Hon’ble jurisdictional Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Seva) Ltd (374 ITR 645) and CIT vs. Gurinder Singh Bawa (386 ITR 483). 3 Nitan Chhatwal 4. The Ld CIT(A) rejected the legal contention of the assessee with the following observations:- “5.2 The facts and findings recorded in the assessment order by the AO and the submission made by the assessee have been examined. The Appellant has claimed that the assessment for th…

Micro Ankur Developers, Mumbai vs. DCIT - CC - 3(4), Mumbai

In the result, the appeals of the assessee for AYs 2010-11, 2011-12 & 2012-

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. No.1046/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) & आयकरअपीलसं/ I.T.A. No.1047/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) & आयकरअपीलसं/ I.T.A. No.1048/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2012-13) & आयकरअपीलसं/ I.T.A. No.1049/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2013-14) & आयकरअपीलसं/ I.T.A. No.1050/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Micro Ankur Developers बिधम/ Dcit-Cc, 3(4) C/O Rajendra & Associates 19Th Floor, Air India Vs. 317, Prasad Chamber, Opera Building, Nariman Point, Mumbai-400021. House, Charni Road, Mumbai-400004. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aanfm4634P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent)

…ase of Smt. Kalpana M. Ruia Vs DCIT, CC 2(2) and the CBDT Circular F No. 286/2/2003-IT(Inv) dated 10-03-2003.After holding so, following the judgment of the Hon’ble Bombay High Court in the case of CIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645), this Tribunal deleted the additions made in the unabated AYs holding that they were made without referring to any incriminating material found in the course of search. The Ld. AR accordingly contended that this Tribunal was bound by judicial discipline to follow the ratio laid down in the second appellate order passed by the coordinate Bench of…

Micro Ankur Developers, Mumbai vs. DCIT - CC - 3(4), Mumbai

In the result, the appeals of the assessee for AYs 2010-11, 2011-12 & 2012-

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. No.1046/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) & आयकरअपीलसं/ I.T.A. No.1047/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) & आयकरअपीलसं/ I.T.A. No.1048/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2012-13) & आयकरअपीलसं/ I.T.A. No.1049/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2013-14) & आयकरअपीलसं/ I.T.A. No.1050/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Micro Ankur Developers बिधम/ Dcit-Cc, 3(4) C/O Rajendra & Associates 19Th Floor, Air India Vs. 317, Prasad Chamber, Opera Building, Nariman Point, Mumbai-400021. House, Charni Road, Mumbai-400004. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aanfm4634P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent)

…ase of Smt. Kalpana M. Ruia Vs DCIT, CC 2(2) and the CBDT Circular F No. 286/2/2003-IT(Inv) dated 10-03-2003.After holding so, following the judgment of the Hon’ble Bombay High Court in the case of CIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645), this Tribunal deleted the additions made in the unabated AYs holding that they were made without referring to any incriminating material found in the course of search. The Ld. AR accordingly contended that this Tribunal was bound by judicial discipline to follow the ratio laid down in the second appellate order passed by the coordinate Bench of…

Micro Ankur Developers, Mumbai vs. DCIT - CC - 3(4), Mumbai

In the result, the appeals of the assessee for AYs 2010-11, 2011-12 & 2012-

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. No.1046/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) & आयकरअपीलसं/ I.T.A. No.1047/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) & आयकरअपीलसं/ I.T.A. No.1048/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2012-13) & आयकरअपीलसं/ I.T.A. No.1049/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2013-14) & आयकरअपीलसं/ I.T.A. No.1050/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Micro Ankur Developers बिधम/ Dcit-Cc, 3(4) C/O Rajendra & Associates 19Th Floor, Air India Vs. 317, Prasad Chamber, Opera Building, Nariman Point, Mumbai-400021. House, Charni Road, Mumbai-400004. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aanfm4634P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent)

…ase of Smt. Kalpana M. Ruia Vs DCIT, CC 2(2) and the CBDT Circular F No. 286/2/2003-IT(Inv) dated 10-03-2003.After holding so, following the judgment of the Hon’ble Bombay High Court in the case of CIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645), this Tribunal deleted the additions made in the unabated AYs holding that they were made without referring to any incriminating material found in the course of search. The Ld. AR accordingly contended that this Tribunal was bound by judicial discipline to follow the ratio laid down in the second appellate order passed by the coordinate Bench of…

Micro Ankur Developers, Mumbai vs. DCIT -CC - 3 (4), Mumbai

In the result, the appeals of the assessee for AYs 2010-11, 2011-12 & 2012-

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. No.1046/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) & आयकरअपीलसं/ I.T.A. No.1047/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) & आयकरअपीलसं/ I.T.A. No.1048/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2012-13) & आयकरअपीलसं/ I.T.A. No.1049/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2013-14) & आयकरअपीलसं/ I.T.A. No.1050/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Micro Ankur Developers बिधम/ Dcit-Cc, 3(4) C/O Rajendra & Associates 19Th Floor, Air India Vs. 317, Prasad Chamber, Opera Building, Nariman Point, Mumbai-400021. House, Charni Road, Mumbai-400004. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aanfm4634P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent)

…ase of Smt. Kalpana M. Ruia Vs DCIT, CC 2(2) and the CBDT Circular F No. 286/2/2003-IT(Inv) dated 10-03-2003.After holding so, following the judgment of the Hon’ble Bombay High Court in the case of CIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645), this Tribunal deleted the additions made in the unabated AYs holding that they were made without referring to any incriminating material found in the course of search. The Ld. AR accordingly contended that this Tribunal was bound by judicial discipline to follow the ratio laid down in the second appellate order passed by the coordinate Bench of…

Micro Ankur Developers, Mumbai vs. DCIT - CC - 3(4), Mumbai

In the result, the appeals of the assessee for AYs 2010-11, 2011-12 & 2012-

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. No.1046/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) & आयकरअपीलसं/ I.T.A. No.1047/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) & आयकरअपीलसं/ I.T.A. No.1048/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2012-13) & आयकरअपीलसं/ I.T.A. No.1049/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2013-14) & आयकरअपीलसं/ I.T.A. No.1050/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Micro Ankur Developers बिधम/ Dcit-Cc, 3(4) C/O Rajendra & Associates 19Th Floor, Air India Vs. 317, Prasad Chamber, Opera Building, Nariman Point, Mumbai-400021. House, Charni Road, Mumbai-400004. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aanfm4634P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent)

…ase of Smt. Kalpana M. Ruia Vs DCIT, CC 2(2) and the CBDT Circular F No. 286/2/2003-IT(Inv) dated 10-03-2003.After holding so, following the judgment of the Hon’ble Bombay High Court in the case of CIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645), this Tribunal deleted the additions made in the unabated AYs holding that they were made without referring to any incriminating material found in the course of search. The Ld. AR accordingly contended that this Tribunal was bound by judicial discipline to follow the ratio laid down in the second appellate order passed by the coordinate Bench of…

Kamla Landmarc Properties, Mumbai vs. DCIT (3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. Nos.1072, 1071, 1070, 4469, 4471 & 1073/Mum/2020 (निर्धारणवर्ा / Assessment Years:2008-09 To 2010-11 & 2012-13 To 2014-15) Kamla Landmarc Properties बनाम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. :Aahfk1108L (अपीलधथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुिवधईकीतधरीख / Date Of Hearing: 15/07/2022 घोर्णधकीतधरीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 23.04.2019 For A.Y. 2008-09 To A.Y. 2010-11 & A.Y. 2012-13 To A.Y. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

…-15 Kamla Landmarc Properties disallowances made in these cases (Un-abated assessments). Relying on the decision rendered by the jurisdictional Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd reported in (374 ITR 645), the Ld. AR therefore urged that the additions made in this unabated AY was unsustainable and therefore deserves to be deleted. 6. Per contra, the Ld. CIT, DR supported the order of the lower authorities. According to him, the contention of the assessee that unabated assessments can be interfered with only if incriminating material was found in…

Kamla Landmarc Properties, Mumbai vs. DCIT (3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. Nos.1072, 1071, 1070, 4469, 4471 & 1073/Mum/2020 (निर्धारणवर्ा / Assessment Years:2008-09 To 2010-11 & 2012-13 To 2014-15) Kamla Landmarc Properties बनाम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. :Aahfk1108L (अपीलधथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुिवधईकीतधरीख / Date Of Hearing: 15/07/2022 घोर्णधकीतधरीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 23.04.2019 For A.Y. 2008-09 To A.Y. 2010-11 & A.Y. 2012-13 To A.Y. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

…-15 Kamla Landmarc Properties disallowances made in these cases (Un-abated assessments). Relying on the decision rendered by the jurisdictional Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd reported in (374 ITR 645), the Ld. AR therefore urged that the additions made in this unabated AY was unsustainable and therefore deserves to be deleted. 6. Per contra, the Ld. CIT, DR supported the order of the lower authorities. According to him, the contention of the assessee that unabated assessments can be interfered with only if incriminating material was found in…

Kamla Landmarc Properties, Mumbai vs. DCIT (3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. Nos.1072, 1071, 1070, 4469, 4471 & 1073/Mum/2020 (निर्धारणवर्ा / Assessment Years:2008-09 To 2010-11 & 2012-13 To 2014-15) Kamla Landmarc Properties बनाम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. :Aahfk1108L (अपीलधथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुिवधईकीतधरीख / Date Of Hearing: 15/07/2022 घोर्णधकीतधरीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 23.04.2019 For A.Y. 2008-09 To A.Y. 2010-11 & A.Y. 2012-13 To A.Y. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

…-15 Kamla Landmarc Properties disallowances made in these cases (Un-abated assessments). Relying on the decision rendered by the jurisdictional Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd reported in (374 ITR 645), the Ld. AR therefore urged that the additions made in this unabated AY was unsustainable and therefore deserves to be deleted. 6. Per contra, the Ld. CIT, DR supported the order of the lower authorities. According to him, the contention of the assessee that unabated assessments can be interfered with only if incriminating material was found in…

Kamla Landmarc Properties, Mumbai vs. DCIT (3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. Nos.1072, 1071, 1070, 4469, 4471 & 1073/Mum/2020 (निर्धारणवर्ा / Assessment Years:2008-09 To 2010-11 & 2012-13 To 2014-15) Kamla Landmarc Properties बनाम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. :Aahfk1108L (अपीलधथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुिवधईकीतधरीख / Date Of Hearing: 15/07/2022 घोर्णधकीतधरीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 23.04.2019 For A.Y. 2008-09 To A.Y. 2010-11 & A.Y. 2012-13 To A.Y. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

…-15 Kamla Landmarc Properties disallowances made in these cases (Un-abated assessments). Relying on the decision rendered by the jurisdictional Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd reported in (374 ITR 645), the Ld. AR therefore urged that the additions made in this unabated AY was unsustainable and therefore deserves to be deleted. 6. Per contra, the Ld. CIT, DR supported the order of the lower authorities. According to him, the contention of the assessee that unabated assessments can be interfered with only if incriminating material was found in…

Kamla Shanti Developers Pvt Ltd., Mumbai vs. DCIT(3)(4), Central Circle, Mumbai

In the result, the appeals of the assessee for AYs 2011-12 & 2012-13 are allowed and the appeals of the assessee for AYs 2013-14 and 2014-15 are allowed for statistical purposes

Bench: Shri Aby T Varkey & Shri Gagan Goyal

…ase of Smt. Kalpana M. Ruia Vs DCIT, CC 2(2) and the CBDT Circular F No. 286/2/2003-IT(Inv) dated 10-03-2003.After holding so, following the judgment of the Hon’ble Bombay High Court in the case of CIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645), this Tribunal deleted the additions made in the unabated AYs holding that they were made without referring to any incriminating material found in the course of search. The Ld. AR accordingly contended that this Tribunal was bound by judicial discipline to follow the ratio laid down in the second appellate order passed by the coordinate Bench of…

Kamla Shanti Developers Pvt Ltd., Mumbai vs. DCIT(3)(4), Central Circle, Mumbai

In the result, the appeals of the assessee for AYs 2011-12 & 2012-13 are allowed and the appeals of the assessee for AYs 2013-14 and 2014-15 are allowed for statistical purposes

Bench: Shri Aby T Varkey & Shri Gagan Goyal

…ase of Smt. Kalpana M. Ruia Vs DCIT, CC 2(2) and the CBDT Circular F No. 286/2/2003-IT(Inv) dated 10-03-2003.After holding so, following the judgment of the Hon’ble Bombay High Court in the case of CIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645), this Tribunal deleted the additions made in the unabated AYs holding that they were made without referring to any incriminating material found in the course of search. The Ld. AR accordingly contended that this Tribunal was bound by judicial discipline to follow the ratio laid down in the second appellate order passed by the coordinate Bench of…