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

Podar Education Sports Trust, Mumbai vs. Dy CIT, CC-1(4), Mumbai

In the result, assessee’s appeals for AY 2012-13 & 2013-14 are allowed and appeals for AY 2015-16 & 2016-17 are partly allowed

Bench: Shri Shamim Yahya (Am) & Shri Kuldip Singh (Jm)

…case laws in support of the challenge to jurisdiction. i. CIT vs. Murli Agro Products (Bombay High Courts) in ITA No.36 of 2009 ii. All cargo Global Logistics Ltd. vs. DCIT (2012) 137 ITD 287 (SB) (Mum) iii. C1T vs. All Cargo Global Logistics Ltd. reported in 374 ITR 645 (Bom) iv. ACIT vs. Pratibha Industries Ltd. (2013) 141 ITD 151 (Mum). 4 Podar Education Sports Trust 9. However, the Ld.CIT(A) was not convinced . He referred to the observations of the AO and noted that in the case of survey proceedings under section 133A carried out simultaneously to the search action Shri Kiritikumar Darshibhai has mentioned…

Dy CIT CC-2(3), Mumbai vs. Gauri Avinash Bhosale, Mumbai

Appeal of the Revenue is dismissed

Bench: Shri Promod Kumar ()And Ms. Suchitra Kamble () Assessment Year: 2013-14

…es of the assessee and thus the proceedings u/s 153A along with 143(3) does not sustain in the eyes of law as held by the various High Courts including the jurisdictional High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. 374 ITR 645. Thus the Ld. AR submitted that before taking the grounds of appeal contested by the Revenue this issue needs to be decided first as assessment itself becomes invalid/bad in law as no incriminating material found during the search. 6. The Ld. DR submitted that the search took place and the Assessing Officer has made disallowance u/s 14A r.w.r 8D…

Vijaya Chandrapal Iyer, Mumbai vs. Dy CIT, CC-6(2), Mumbai

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

Bench: Shri Shamim Yahya

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” Bench, Mumbai Before Shri Shamim Yahya, Accountant Member I.T.A. Nos. 604 to 607/Mum/2021 (Assessment Years 2007-08 to 2010-11) Vs. DCIT,CC-6(2) Vijaya chandrapal Iyer 1001, Kshitij, Ghatla Road Aaykar Bhawan, M.K.Road Chembur Mumbai-400 020 Mumbai-400 071 PAN : AADPI3367F (Appellant) (Respondent) Shri Prateek Jain Assessee by Department by Shri T.Sankar Date of Hearing 11.01.2022 Date of Pronouncement 12. 01.2022 O R D E R Per Shri Shamim Yahya (AM) :- These appeals by the assessee are directed against the order of learned Commissioner of Income Tax (Appeals)-5…

Sambhavanath Infrabuild Farms (Successor to Lodha Construction P. Ltd P. Ltd., Mumbai vs. Asstt. CIT, Central Circle-7(3), Mumbai

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blesambhavnath Infrabuild & Farms Pvt. Ltd., V. Asst. Cit– Central Circle – 7(3) {Successor To Lodha Construction Pvt. Ltd.,} Room No. 655, 6Th Floor 412, 4Th Floor, 17G Vardhaman Chamber Aayakar Bhavan, M.K. Road Cawasji Patel Road, Horniman Circle Mumbai - 400020 Fort, Mumbai - 400001 Pan: Aalcs1394M (Appellant) (Respondent) Assessee By : Shri Anuj Kisnadwala Department By Shri B.K. Bagchi

…IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “E” BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER Sambhavnath Infrabuild and Farms Pvt. Ltd., v. Asst. CIT– Central Circle – 7(3) {Successor to Lodha Construction Pvt. Ltd.,} Room No. 655, 6th Floor 412, 4th Floor, 17G Vardhaman Chamber Aayakar Bhavan, M.K. Road Cawasji Patel Road, Horniman Circle Mumbai - 400020 Fort, Mumbai - 400001 PAN: AALCS1394M (Appellant) (Respondent) Assessee by : Shri Anuj Kisnadwala Department by Shri B.K. Bagchi Date of Hearing : 16.11.2021 Date of Pronouncement :…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

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

…g subsequent to the post search operation amounts to M/s. Uma Polymers Ltd., incriminating material, it would be relevant to get into the observations made by the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), wherein the expression ‘incriminating material’ has been explained as any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such materials or i…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

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

…g subsequent to the post search operation amounts to M/s. Uma Polymers Ltd., incriminating material, it would be relevant to get into the observations made by the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), wherein the expression ‘incriminating material’ has been explained as any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such materials or i…

M/S. Uma Polymers Ltd, Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

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

…g subsequent to the post search operation amounts to M/s. Uma Polymers Ltd., incriminating material, it would be relevant to get into the observations made by the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), wherein the expression ‘incriminating material’ has been explained as any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such materials or i…

M/S. Uma Polymers Ltd, Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

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

…g subsequent to the post search operation amounts to M/s. Uma Polymers Ltd., incriminating material, it would be relevant to get into the observations made by the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), wherein the expression ‘incriminating material’ has been explained as any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such materials or i…

M/S. Uma Polymers Ltd, Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

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

…g subsequent to the post search operation amounts to M/s. Uma Polymers Ltd., incriminating material, it would be relevant to get into the observations made by the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), wherein the expression ‘incriminating material’ has been explained as any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such materials or i…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT -CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

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

…g subsequent to the post search operation amounts to M/s. Uma Polymers Ltd., incriminating material, it would be relevant to get into the observations made by the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), wherein the expression ‘incriminating material’ has been explained as any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such materials or i…

M/S. Uma Polymers Ltd., Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessee are partly allowed

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

…g subsequent to the post search operation amounts to M/s. Uma Polymers Ltd., incriminating material, it would be relevant to get into the observations made by the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), wherein the expression ‘incriminating material’ has been explained as any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such materials or i…

Smt. Sarita Lodha, Mumbai vs. The Dy CIT-CC-4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

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

…n the case of unabated assessment years without there being incriminating material found during search. We observe from the various decisions and particularly the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), which observed that the expression ‘incriminating material’ would mean any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such material or i…

Smt. Sarita Lodha, Mumbai vs. The Dy CIT, Central Circle-4(4), Mumbai

In the result, appeals filed by the assessees are partly allowed

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

…n the case of unabated assessment years without there being incriminating material found during search. We observe from the various decisions and particularly the Hon’ble Jurisdictional High Court in the case of Continental Warehousing Corporation reported in 374 ITR 645 (Bom), which observed that the expression ‘incriminating material’ would mean any evidence or material found during search which were not submitted or produced in the course of filing return of income / original assessment and any undisclosed income or property discovered during search. But in the given case, we observe that no such material or i…