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 367,181 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.

ACIT, Central Circle-3, Jaipur vs. Laxmi Narain Agarwal, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 1023/JPR/2015[2010-11]Status: DisposedITAT Jaipur21 Mar 2018AY 2010-11
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…

ACIT, Central Circle-3, Jaipur vs. Laxmi Narain Agarwal, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 1022/JPR/2015[2009-10]Status: DisposedITAT Jaipur21 Mar 2018AY 2009-10
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…

DCIT CC 2(2), Mumbai vs. Global Papaer Impex Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6879/MUM/2016[2009-10]Status: DisposedITAT Mumbai21 Mar 2018AY 2009-10

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Global Papaer Impex Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6878/MUM/2016[2008-09]Status: DisposedITAT Mumbai21 Mar 2018AY 2008-09

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Global Papaer Impex Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6877/MUM/2016[2007-08]Status: DisposedITAT Mumbai21 Mar 2018AY 2007-08

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Global Papaer Impex Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6876/MUM/2016[2006-07]Status: DisposedITAT Mumbai21 Mar 2018AY 2006-07

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Global Papaer Impex Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6875/MUM/2016[2005-06]Status: DisposedITAT Mumbai21 Mar 2018AY 2005-06

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Speciality Papaer Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6874/MUM/2016[2009-10]Status: DisposedITAT Mumbai21 Mar 2018AY 2009-10

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Speciality Papaer Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6873/MUM/2016[2008-09]Status: DisposedITAT Mumbai21 Mar 2018AY 2008-09

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Speciality Papaer Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6872/MUM/2016[2007-08]Status: DisposedITAT Mumbai21 Mar 2018AY 2007-08

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Speciality Papaer Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6871/MUM/2016[2006-07]Status: DisposedITAT Mumbai21 Mar 2018AY 2006-07

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Speciality Papaer Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6870/MUM/2016[2005-06]Status: DisposedITAT Mumbai21 Mar 2018AY 2005-06

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

DCIT CC 2(2), Mumbai vs. Speciality Papaer Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 6869/MUM/2016[2004-05]Status: DisposedITAT Mumbai21 Mar 2018AY 2004-05

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri R.P. MeenaFor Respondent: Shri Hari S. Raheja
Section 132Section 143(2)Section 144Section 153ASection 153C

…u/s 153C of the Income Tax Act, 1961 (in short ‘the Act’) in years where the original assessments do not abate, following the ratio of the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva Ltd) (374 ITR 645). 3. In this background, the rival counsels have been heard. It was a common point between the parties that in all the appeals, the fact-situation is more or less identical and, therefore, we may first take-up six appeals pertaining to Assessment Years 2004-05 to 2009-10 in the case of M/s. Speciality Paper Ltd. These appeals are directed agains…

Umesh Dhondiram Shinde, Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, all the appeals of assessee are partly allowed

ITA 1367/PUN/2014[2008-09]Status: DisposedITAT Pune16 Mar 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

…edings have not abated. 11. We find that the issue of abated and non-abated assessment proceedings has been decided by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The said ratio has been applied by Pune Bench of Tribunal in Shri Gajendra D. Pawar Vs. DCIT in ITA Nos.1009 to 1012/PUN/2015, relating to assessment years 2005-06 to 2008-09, order dated 31.10.2017. The first issue which was decided by the Tribunal was in respect of claim of expenditure and in some cases on account of depreciation made fo…

Umesh Dhondiram Shinde, Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, all the appeals of assessee are partly allowed

ITA 1366/PUN/2014[2007-08]Status: DisposedITAT Pune16 Mar 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

…edings have not abated. 11. We find that the issue of abated and non-abated assessment proceedings has been decided by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The said ratio has been applied by Pune Bench of Tribunal in Shri Gajendra D. Pawar Vs. DCIT in ITA Nos.1009 to 1012/PUN/2015, relating to assessment years 2005-06 to 2008-09, order dated 31.10.2017. The first issue which was decided by the Tribunal was in respect of claim of expenditure and in some cases on account of depreciation made fo…

Umesh Dhondiram Shinde, Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, all the appeals of assessee are partly allowed

ITA 1365/PUN/2014[2006-07]Status: DisposedITAT Pune16 Mar 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

…edings have not abated. 11. We find that the issue of abated and non-abated assessment proceedings has been decided by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The said ratio has been applied by Pune Bench of Tribunal in Shri Gajendra D. Pawar Vs. DCIT in ITA Nos.1009 to 1012/PUN/2015, relating to assessment years 2005-06 to 2008-09, order dated 31.10.2017. The first issue which was decided by the Tribunal was in respect of claim of expenditure and in some cases on account of depreciation made fo…

Umesh Dhondiram Shinde, Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, all the appeals of assessee are partly allowed

ITA 1364/PUN/2014[2005-06]Status: DisposedITAT Pune16 Mar 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

…edings have not abated. 11. We find that the issue of abated and non-abated assessment proceedings has been decided by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The said ratio has been applied by Pune Bench of Tribunal in Shri Gajendra D. Pawar Vs. DCIT in ITA Nos.1009 to 1012/PUN/2015, relating to assessment years 2005-06 to 2008-09, order dated 31.10.2017. The first issue which was decided by the Tribunal was in respect of claim of expenditure and in some cases on account of depreciation made fo…

Umesh Dhondiram Shinde, Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, all the appeals of assessee are partly allowed

ITA 1363/PUN/2014[2004-05]Status: DisposedITAT Pune16 Mar 2018AY 2004-05

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

…edings have not abated. 11. We find that the issue of abated and non-abated assessment proceedings has been decided by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The said ratio has been applied by Pune Bench of Tribunal in Shri Gajendra D. Pawar Vs. DCIT in ITA Nos.1009 to 1012/PUN/2015, relating to assessment years 2005-06 to 2008-09, order dated 31.10.2017. The first issue which was decided by the Tribunal was in respect of claim of expenditure and in some cases on account of depreciation made fo…

Genom Biotech Pvt Ltd., Mumbai vs. ACIT CC -40, Mumbai

In the result, all the appeals of the assessee and the appeals of the revenue are treated as partly allowed

ITA 4656/MUM/2014[2003-04]Status: DisposedITAT Mumbai14 Mar 2018AY 2003-04

Bench: Shri B.R. Baskaran (Am)& Shri Pawan Singh (Jm)

Section 143(2)Section 143(3)Section 153A

…on the decision rendered by Mumbai Special bench of ITAT in the case of All Cargo global logistics Ltd Vs. CIT (23 Taxmann.com 103), which has since been upheld by Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd (374 ITR 645). Accordingly the Ld A.R submitted that the additions made in the case of unabated assessments without the support of any incriminating material are liable to be deleted, as the same is beyond the scope of provisions of sec. 153A of the Act. 6. The Ld D.R, however, submitted that the revenue has unearthed a lot of incriminating materials relatin…

Rosy Blue Securities P.Ltd, Mumbai vs. Asst CIT Cen Cir 46, Mumbai

In the result, these appeals by the assessee stand allowed

ITA 1201/MUM/2016[2007-08]Status: DisposedITAT Mumbai01 Mar 2018AY 2007-08

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm आयकर अपील सं./I.T.A. Nos.1201 & 1220/Mum/2016 ("नधा"रण वष" / Assessment Years: 2007-08 & 2008-09) M/S. Rosy Blue Securities Pvt. Ltd. Asst.Cit-46, बनाम/ 154-C, Mittal Court, Aaykar Bhavan, M. K. Marg, Nariman Point, Mumbai-400 021 Mumbai-400 020 Vs. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacr 4082 Q (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Nitesh Josh ""यथ" क" ओर से/Respondent By : Shri Ram Tiwari

For Appellant: Shri Nitesh JoshFor Respondent: Shri Ram Tiwari
Section 143(3)Section 153A

…3A which is an assessment pursuant to search and seizure action, no seized material has been referred to for making of this addition. The Hon’ble jurisdictional High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645 (Bom) has expounded that in case of an assessment u/s. 153A pursuant to search and seizure action where assessment has already been done earlier, no addition can be made dehorse any seized material. The ld. Departmental Representative could not point out any incriminating material found in search and fairly agreed that the addition in the prese…