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

374 ITR 645High Court2015#14 most cited

What is CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. authority for?

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

1,823

judgments rely on this decision, according to BharatTax’s citation analysis of 367,518 Indian tax judgments — from 2015 to 2026.

Also referred to as

Continental Warehousing Corporation · Section 153A · scope of 153A assessment · abated proceedings · fresh claims in search assessment · assessee's claims 153A · Section 132 · assessment procedure · search and seizure assessment

Also reported as

58 Taxmann.com 78

Sections most often in play

Section 153ASection 132Section 143(3)Section 147Section 148Section 153CSection 68Section 69A

Issues it is cited on

casus omissussection 158b(b)section 158bb(1)section 153(a)section 153a(1)(b)section 158bbdeemed dividendsection 153(1)section 2(22)section 2(22)(e)section 153a(1)section 132a

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

Shanthilal D Jain, Chennai vs. DCIT, Central Circle - 2 (1), Chennai

2400/CHNY/2019

ITA 2362/CHNY/2019[2012-13]Status: DisposedITAT Chennai20 May 2022AY 2012-13

Bench: Shri Mahavir Singhand Dr. M.L. Meena

Section 153ASection 271A

…nating material, there is no scope for the AO to assume jurisdiction u/s.153A / 153C of the Act and reopen the assessment in view of the decision of Hon’ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhavasheva) Ltd., (2015) 374 ITR 645. The ld.counsel for the assessee also relied on the decision of Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla, (2015) 380 ITR 573. Apart from this, ld.counsel for the assessee has not argued anything else. 12 I.T.A. Nos.2357 to 2363, 2389 to 2402 & 2587 to 2598/Chny/2019 & 429 to 446/Chny/2020 3.8 On the other hand, ld.CIT-DR r…

Shanthilal D Jain, Chennai vs. DCIT, Central Circle - 2 (1), Chennai

2400/CHNY/2019

ITA 2361/CHNY/2019[2011-12]Status: DisposedITAT Chennai20 May 2022AY 2011-12

Bench: Shri Mahavir Singhand Dr. M.L. Meena

Section 153ASection 271A

…nating material, there is no scope for the AO to assume jurisdiction u/s.153A / 153C of the Act and reopen the assessment in view of the decision of Hon’ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhavasheva) Ltd., (2015) 374 ITR 645. The ld.counsel for the assessee also relied on the decision of Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla, (2015) 380 ITR 573. Apart from this, ld.counsel for the assessee has not argued anything else. 12 I.T.A. Nos.2357 to 2363, 2389 to 2402 & 2587 to 2598/Chny/2019 & 429 to 446/Chny/2020 3.8 On the other hand, ld.CIT-DR r…

Shanthilal D Jain, Chennai vs. DCIT, Central Circle - 2 (1), Chennai

2400/CHNY/2019

ITA 2360/CHNY/2019[2010-11]Status: DisposedITAT Chennai20 May 2022AY 2010-11

Bench: Shri Mahavir Singhand Dr. M.L. Meena

Section 153ASection 271A

…nating material, there is no scope for the AO to assume jurisdiction u/s.153A / 153C of the Act and reopen the assessment in view of the decision of Hon’ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhavasheva) Ltd., (2015) 374 ITR 645. The ld.counsel for the assessee also relied on the decision of Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla, (2015) 380 ITR 573. Apart from this, ld.counsel for the assessee has not argued anything else. 12 I.T.A. Nos.2357 to 2363, 2389 to 2402 & 2587 to 2598/Chny/2019 & 429 to 446/Chny/2020 3.8 On the other hand, ld.CIT-DR r…

Shanthilal D Jain, Chennai vs. DCIT, Central Circle - 2 (1), Chennai

2400/CHNY/2019

ITA 2359/CHNY/2019[2009-10]Status: DisposedITAT Chennai20 May 2022AY 2009-10

Bench: Shri Mahavir Singhand Dr. M.L. Meena

Section 153ASection 271A

…nating material, there is no scope for the AO to assume jurisdiction u/s.153A / 153C of the Act and reopen the assessment in view of the decision of Hon’ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhavasheva) Ltd., (2015) 374 ITR 645. The ld.counsel for the assessee also relied on the decision of Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla, (2015) 380 ITR 573. Apart from this, ld.counsel for the assessee has not argued anything else. 12 I.T.A. Nos.2357 to 2363, 2389 to 2402 & 2587 to 2598/Chny/2019 & 429 to 446/Chny/2020 3.8 On the other hand, ld.CIT-DR r…

Shanthilal D Jain, Chennai vs. DCIT, Central Circle - 2 (1), Chennai

2400/CHNY/2019

ITA 2358/CHNY/2019[2008-09]Status: DisposedITAT Chennai20 May 2022AY 2008-09

Bench: Shri Mahavir Singhand Dr. M.L. Meena

Section 153ASection 271A

…nating material, there is no scope for the AO to assume jurisdiction u/s.153A / 153C of the Act and reopen the assessment in view of the decision of Hon’ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhavasheva) Ltd., (2015) 374 ITR 645. The ld.counsel for the assessee also relied on the decision of Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla, (2015) 380 ITR 573. Apart from this, ld.counsel for the assessee has not argued anything else. 12 I.T.A. Nos.2357 to 2363, 2389 to 2402 & 2587 to 2598/Chny/2019 & 429 to 446/Chny/2020 3.8 On the other hand, ld.CIT-DR r…

Shanthilal D Jain, Chennai vs. DCIT, Central Circle - 2 (1), Chennai

2400/CHNY/2019

ITA 2357/CHNY/2019[2007-08]Status: DisposedITAT Chennai20 May 2022AY 2007-08

Bench: Shri Mahavir Singhand Dr. M.L. Meena

Section 153ASection 271A

…nating material, there is no scope for the AO to assume jurisdiction u/s.153A / 153C of the Act and reopen the assessment in view of the decision of Hon’ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhavasheva) Ltd., (2015) 374 ITR 645. The ld.counsel for the assessee also relied on the decision of Hon’ble Delhi High Court in the case of CIT vs. Kabul Chawla, (2015) 380 ITR 573. Apart from this, ld.counsel for the assessee has not argued anything else. 12 I.T.A. Nos.2357 to 2363, 2389 to 2402 & 2587 to 2598/Chny/2019 & 429 to 446/Chny/2020 3.8 On the other hand, ld.CIT-DR r…

M/S. Subhash Stone Industries (P) Ltd., Nainital vs. DCIT, Central Circle, Allahabad

In the result, appeal filed by the assessee in ITA no

ITA 141/ALLD/2017[2008-09]Status: DisposedITAT Allahabad19 May 2022AY 2008-09

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: NoneFor Respondent: Shri Ramendra Kumar
Section 132Section 143(3)Section 153A

…ch which were not produced or not already disclosed or made known in the course of original assessment.’ Similar view has been reiterated by some other High Courts, including, the Hon’ble Bombay High Court in CIT vs. Continental Warehousing Corporation (2015) 374 ITR 645 (Bom) and the Hon’ble Delhi High Court in Pr.CIT & Ors. vs. Meeta Gutgutia (2017) 395 ITR 526 (Del). 7.4. As opposed to that, there are certain High Courts, including the Hon’ble jurisdictional High Court, canvassing a view in favour of the Revenue holding that the scope of assessments u/s 153A, for the years whose assessments already stood compl…

ACIT CC 22 & 30, Mumbai vs. Murarilal Mittal, Mumbai

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

ITA 6808/MUM/2014[2006-07]Status: DisposedITAT Mumbai18 May 2022AY 2006-07

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 6808/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2006-07) Acit Cc –22, Shri Murarilal Mittal, R. No. 404, 4Th Floor, 1601, Marathon बिधम/ Aayakar Bhavan, Heights, P. B. Marg Mumbai-400 020 Jaibharat Oil Mill, Vs. Lower Parel(W), Mumbai-400 013 स्थायीलेखासं./जीआइआरसं./Pan No. Ahnpm8021D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Murli Mohan, Ld. Dr By प्रत्यथीकीओरसे/Respondent : Shri Rajiv Khandelwal, Ld. Ar By सुनवाईकीतारीख/ : 18.05.2022 Date Of Hearing घोषणाकीतारीख / : 18.05.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 24.08.2014 Passed By Ld. Cit(A)-39, Mumbai For The Quantum Appeal Of Assessment Passed U/S 143(3) R.W.S

For Appellant: Shri Murli MohanFor Respondent: Shri Rajiv
Section 132Section 139(1)Section 143(1)Section 143(3)Section 153ASection 68

…ting material or documents found during the course of search. This proposition is well settled by the Hon‟ble 13 I.T.A. No. 6808/Mum/2014 Shri Murarilal Mittal Bombay High Court in the cases of; CIT vs. Continental Warehousing Corporation, reported in (2015) 374 ITR 645; CIT vs. SKS Ispat & Power Ltd. Reported in 99 Taxman. Com 424; CIT vs. Deepak Agarwal 86 Taxman. Com 3; CIT vs. Gurinder Singh Bawa 386 ITR 483. 12. Accordingly, the addition made by the AO u/s 68 for Rs. 57,86,609/- is unsustainable on the ground that it is beyond the scope of assessment u/s 153A. Accordingly, the ground of the appeal raised by…

M/S.Balaji Bullion & Commodities (India) Private Limited, Mumbai vs. DCIT Central Circle-40, Mumbai

In the result, both the appeals are allowed

ITA 1291/MUM/2018[2009-10]Status: DisposedITAT Mumbai29 Apr 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm Balaji Bullion & Commodities The Dy. Commissioner Of (India) Private Limited Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002 (Appellant) (Respondent) Pan No. Aadcbo236F Balaji Universal Tradelinks P. The Dy. Commissioner Of Ltd. Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002

For Appellant: Shri N.M. Porwal, AdvFor Respondent: Shri Dr. Mahesh Akhade, CIT DR
Section 10ASection 153ASection 153BSection 37Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI AMARJIT SINGH, JM Balaji Bullion & Commodities The Dy. Commissioner of (India) Private Limited Income–tax, 118/120, 3rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002 (Appellant) (Respondent) PAN No. AADCBO236F Balaji Universal Tradelinks P. The Dy. Commissioner of Ltd. Income–tax, 118/120, 3rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002 (Appellant) (Respondent) PAN No. AABCL0236H Assessee by : Shri N.M. Porwal, Adv Revenue by : Shri Dr. Mahesh Ak…

M/S. Podar Literacy and Education Trust, Bangalore vs. Dy CIT, CC--1(4), Mumbai

In the result, appeal of the assessee is allowed

ITA 1293/MUM/2021[2014-15]Status: DisposedITAT Mumbai25 Apr 2022AY 2014-15
Section 10Section 12ASection 132(1)Section 143(1)Section 143(3)Section 153A

…e same could be disturbed only if there is some incriminating material found during the course of search. 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(Bom) and the decision of the Hon’ble Delhi High Court in the case of Kabul Chawla reported in 234 Taxman 300. We find from the perusal of the assessment order, the ld. AO had resorted to make disallowance on account of provision for gratuity which was made on the basis of actuarial valuation, without making any reference to seized / incriminating…

DCIT, CC-5(4), Mumbai vs. Shri Rajenderkumar Miglani, Mumbai

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

ITA 2925/MUM/2019[2010-11]Status: DisposedITAT Mumbai25 Apr 2022AY 2010-11

Bench: Shri Amarjit Singh, Jm & S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 2925/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Dcit, Central Circle-5(4) बिधम/ Rajindrakumar Miglani Room No.1927, 19Th Floor, Uttam House, 69, P „Dmello Vs. Air India Building, Nariman Road, Carnac Bunder, Point, Mumbai-400021. Mumbai-400009. & Cross Objection No.20/Mum/2021 आयकर अपील सं/ I.T.A. No. 2925/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Rajindrakumar Miglani बिधम/ Dcit, Central Circle-5(4) Room No.1927, 19Th Floor, Uttam House, 69, P „Dmello Vs. Road, Carnac Bunder, Air India Building, Nariman Mumbai-400009. Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpm7288D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Sanjeev Kashyp (Dr) Assessee By: Shri K Shivaram & Rahul Hakani सुनवाई की तारीख / Date Of Hearing: 30/03/2022 घोषणा की तारीख /Date Of Pronouncement: 25/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 25.02.2019 Passed By The Commissioner Of Income Tax (Appeals)-53, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11. C.O. No.20/Mum2021 A.Y.2010-11

For Appellant: Shri K Shivaram & Rahul HakaniFor Respondent: Shri Sanjeev Kashyp (DR)
Section 132Section 143(1)Section 143(2)Section 143(3)Section 153A

…0/61 taxmann.com.412. 6 C.O. No.20/Mum2021 A.Y.2010-11 In the case of CIT v. Gurinder Singh Bawa the Hon’ble Bombay High Court noted and made reference to its earlier decision in the case of CIT v. Continentat 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. It was held that consequently, once an assessment has attained finality for a particular year we. it is not pending then the same cannot be subject to tax in proceedings under Section 153A of the Act. This of course wo…

D' Decor Exports P. Ltd., Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1057/MUM/2021[2015-16]Status: DisposedITAT Mumbai22 Apr 2022AY 2015-16

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…espectfully submits that in an unabated year, no disallowance or addition can be made in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Co…

D' Decor Exports P.L Td, Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1056/MUM/2021[2016-17]Status: DisposedITAT Mumbai22 Apr 2022AY 2016-17

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…espectfully submits that in an unabated year, no disallowance or addition can be made in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Co…

D' Decor Exports P. Ltd., Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1055/MUM/2021[2017-18]Status: DisposedITAT Mumbai22 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…espectfully submits that in an unabated year, no disallowance or addition can be made in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Co…

D' Decor Exports P. Ltd., Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1053/MUM/2021[2012-13]Status: DisposedITAT Mumbai22 Apr 2022AY 2012-13

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…espectfully submits that in an unabated year, no disallowance or addition can be made in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Co…

D' Decor Exports P. Ltd, Mumbai vs. Dy CIT-CC-6(4_, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1052/MUM/2021[2013-14]Status: DisposedITAT Mumbai22 Apr 2022AY 2013-14

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…espectfully submits that in an unabated year, no disallowance or addition can be made in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Co…

D, Decor Exporter, Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1051/MUM/2021[2014-15]Status: DisposedITAT Mumbai22 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…espectfully submits that in an unabated year, no disallowance or addition can be made in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Co…

D, Decor Exporter P. Ltd, Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1050/MUM/2021[2014-15]Status: DisposedITAT Mumbai22 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…espectfully submits that in an unabated year, no disallowance or addition can be made in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Co…

Siddheshwar Industries Pvt. Ltd., Pune vs. Deputy Commissioner of Income-Tax

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

ITA 760/PUN/2016[2008-09]Status: DisposedITAT Pune20 Apr 2022AY 2008-09

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.760/Pun/2016 िनधा"रण वष" / Assessment Year: 2008-09 Siddheshwar Industries Pvt. Vs. Dcit, Central Circle- Ltd., 2(2), Pune. Plot No.A-50, H- Block, Midc, Pimpri, Pune- 411018. Pan : Aagcs4976E Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri Piyushkumar Singh Yadav Date Of Hearing 09.03.2022 : Date Of Pronouncement : 20.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune [‘Cit(A)’ For Short] Dated 23.10.2015 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. In The Facts & Circumstances Of The Case & In Law, The Learned C.I.T. [A] 12 Has Erred By Wrongly Enhance The Amount Of Rs.2,95,00,000/- By Disallowing The Claim Of Deduction U/S 43B In Revised Return Of Income Filed U/S 153A Of The I T Act. The Aforesaid Addition Being Arbitrary, Perverse, Based On Surmises & Conjecture

For Appellant: Shri Hari KrishanFor Respondent: Shri Piyushkumar Singh Yadav
Section 132Section 132(4)Section 143(3)Section 153ASection 234Section 43B

…be valid unless it is based on the material found as result of search and seizure operations conducted u/s 132 of the Act. Reference in this regard can be made to the following judgements :- (i) CIT vs. Continental Warehousing Corporation (Nhava Sheva) Ltd., 374 ITR 645 (Bom.-HC). (ii) CIT vs. Kabul Chawla, 380 ITR 573 (Delhi-HC). (iii) CIT vs. SKS Ispat & Power Ltd., 398 ITR 584 (Bom.-HC). (iv) CIT vs. Deepak Kumar Agarwal, 398 ITR 586 (Bom.-HC). 12. As a corollary, it follow that no fresh claim unrelated to the undisclosed income can be made in the return of income filed in response to notice u/s 153A of the A…

DCIT Cen Cir 2(2), Mumbai vs. Miki Industries & Co. P.Ltd, Mumbai

In the result, the appeals of the revenue stand dismissed

ITA 2920/MUM/2015[2004-05]Status: DisposedITAT Mumbai20 Apr 2022AY 2004-05

Bench: Restructuring) 1St Floor, Haroon House, Mumbai 294, Perin Nariman Street, Opp: Rbi Fort, Mumbai – 400001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabcm9423D Appellant .. Respondent

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Achal Sharma
Section 153Section 153A

…t is further submitted that assessment in the case of the assessee was already completed and same was not abated assessment. In this regard the ld. Counsel has also placed on the following decisions: (i) Continental Warehousing Corporation (NHAVA SHEVA) Ltd. 374 ITR 645 (Bom (ii) Murli Agro Products Ltd. 49 taxman.com 172 (Bom) (iii) All Cargo Global Logistics 23 taxman.com 03 (ITAT, Mum) (SB) After considering the relevant material on record we consider that it is an undisputed fact that in the case of the assessee assessment u/s 143(3) was already made and case of the assessee was unabated for the purpose of…