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

DCIT - CC- 6 (3), Mumbai vs. Shri Manoj M. Desai, Mumbai

In the result the revenues appeal stands dismissed

Bench: Making Addition, Despite The Fact That - A) The Assessee Has Never Made Any Request For Cross Examination During Assessment Proceeding & Thus Question Of Providing Of Opportunity Of Cross Examination Does Not Arise. B) Ld. Cit (A) Has Herself Mentioned That Shri Praveen Mishra Retracted His Statement Thereby Making Him Assessee'S Witness & Hence No Opportunity Of His Cross Examination Was Required Rather It Was Assessee'S Onus To Produce Him Before The Ao For Cross Examination.

…THE INCOME TAX APPELLATE TRIBUNAL “D” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Ramlal Negi (JM) I.T.A. No. 6301/Mum/2018 (Assessment Year 2011-12) DCIT, Central Circle-6(3) Shri Manoj M. Desai Vs. Room No. 1926, 19th 204, Sahyadri Floor, Air India Building Neelkanth Vally Nariman Point Complex, 7th Road Mumbai-400 021. Rajawadi Mumbai-400 077. PAN : ABBPD2066K (Appellant) (Respondent) Assessee by Shri Nishit Gandhi Department by Shri Deepakant Prasad Date of Hearing 29.10.2020 Date of Pronouncement 07.12.2020 O R D E R Per Shamim Yahya (AM) :- This appeal by the Revenue is directed against order of Lea…

Mirah Dekor Pvt. Ltd., Mumbai vs. DCIT - CC - 2(1), Mumbai

In the result we set aside the orders of authorities below and delete the addition

…the course of search. Addition made by A.O. is unjustified and unsustainable. Reliance on: i) ITAT order in ITA No.2618/Mum/2018 in the case of Gammon Infrastructure Projects Ltd. vide order dated 06/02/2020 ii) 380 ITR 573 (Del.) CIT vs. Kabul Chawla iii) 374 ITR 645 (Bom.) CIT vs. Continental Warehouse Corporation iv) 397 ITR 82 (Del.) Pr. CIT vs. Best Infrastructure (India) Pvt. Ltd. H) Addition made relying on statement of third party without affording opportunity to cross examine. Addition unsustainable. Reliance on Hon'ble Apex Court order in Civil Appeal No.4228 of 2006 in the case of M/s. Andaman Tim…

Network Synthetics Private Limited, Mumbai vs. DCIT, Cent, Cir-5(1), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri C.N. Prasad, Hon'Blem/S. Network Synthetics Pvt. Ltd., V. Dcit – Central Circle – 5(1) 4Th Floor, Silver Metroplis 19Th Floor, Air India Building Jaicoach Compound Nariman Point Opposite Bimbisar Nagar Mumbai – 400 021 Western Express Highway Goregaon (E), Mumbai – 400063 Pan: Aaacn3404E (Appellant) (Respondent) Assessee By : Shri Ritu Kamal Kishor Department By Amrita Singh

…additions could be made in the assessment framed u/s 153A of the I.T.Act, 1961. This legal proposition is supported by the decision of Hon’ble jurisdictional Bombay High Court in the case of CIT vs Continental warehousing corporation (Nhava Sheva Ltd. (2015) 374 ITR 645, where the Hon’ble High Court clearly held that in absence of incriminating material no additions could be made, in respect of assessment which become final and no proceedings is pending, as on the date of search. Therefore, we are of the considered view that the AO was erred in making additions towards disallowances of expenditure, in relation t…

Jaipur Securities Private Limited, Mumbai vs. DCIT, Central Circle-5(1), Mumbai

In the result, appeal filed by the assesee is allowed

Bench: Shri C. N. Prasad, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 2566/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2010-11) Dcit Cc-5(1) Jaipur Securities Pvt. 19Th Floor, Air India Bldg, Ltd. Express Zone, ‘A’ Nariman Point, बिधम/ Wing, 8Th Floor, Western Mumbai-400 020 Vs. Express Highway Goregaon East, Mumbai-400 063 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaacj1456E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Ms. Ritu Kamal Kishor, Ar प्रत्यथीकीओरसे/Respondentby : Shri A. Mohan, Dr सुनवाईकीतारीख/ : 20.10.2020 Date Of Hearing घोषणाकीतारीख / : 04.11.2020 Date Of Pronouncement आदेश / O R D E R Per S. Rifaur Rahman (Accountantmember):

…additions could be made in the assessment framed u/s 153A of the I.T. Act, 1961. This legal proposition is supported by the decision of Hon'ble jurisdictional Bombay High Court in the case of CIT vs Continental warehousing corporation (Nhava Sheva Ltd. (2015) 374 ITR 645, where the Hon'ble High Court clearly held that in absence of incriminating material no additions could be made, in respect of assessment which become final and no proceedings is pending, as on the date of search. Therefore, we are of the considered view that the AO was erred in making additions towards disallowances of expenditure, in relation t…

Ameya Logistics Pvt. Ltd., Uran vs. DCIT Circle 2(1)(1), Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

Bench: Shri Rajesh Kumar & Shri Ravish Soodameya Logistics Pvt. Ltd. Dcit, Circle 2(1)(1), Village- Dhasakoshi, R. No. 561, 5Th Floor, Post- Khoproli, Kopte, Aayakar Bhavan, Taluka-Uran, District – Raigad M.K. Road, Vs. 410 212 Mumbai – 400 020

…ITA No.1885/Mum/2019 A.Y.2015-16 1 ITA No.2044/Mum/2019 , A.Y. 2015-16 Ameya Logistics Pvt. ltd. Vs. DCIT, Circle 2(1)(1) IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A” MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER Ameya Logistics Pvt. Ltd. DCIT, Circle 2(1)(1), Village- Dhasakoshi, R. No. 561, 5th Floor, Post- Khoproli, Kopte, Aayakar Bhavan, Taluka-Uran, District – Raigad M.K. Road, Vs. 410 212 Mumbai – 400 020 PAN – AAECA4562C Appellant Respondent ACIT, Circle-2(1)(1), M/s Ameya Logistics Pvt. Ltd. Room No. 561, 5th Floor, 4th Floor, Hamilton House, B.J.N. Aay…