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 367,154 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.

Lalaji K. Shah (HUF), Mumbai vs. DCIT 17 & 28, Mumbai

In the result, all the eighteen appeals of the assessees’ are allowed

ITA 3582/MUM/2011[2003-04]Status: DisposedITAT Mumbai24 May 2017AY 2003-04

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 271(1)(c)

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 6. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Shantaben L. Shah, Mumbai vs. DCIT 17 & 28, Mumbai

In the result, all the eighteen appeals of the assessees’ are allowed

ITA 3581/MUM/2011[2003-04]Status: DisposedITAT Mumbai24 May 2017AY 2003-04

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 271(1)(c)

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 6. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Subhash L. Shah, Mumbai vs. DCIT 17 & 28, Mumbai

In the result, all the eighteen appeals of the assessees’ are allowed

ITA 3580/MUM/2011[2003-04]Status: DisposedITAT Mumbai24 May 2017AY 2003-04

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 271(1)(c)

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 6. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Nenshi I. Shah, Mumbai vs. DCIT Cen Cir 17 &28, Mumbai

In the result, all the eighteen appeals of the assessees’ are allowed

ITA 3577/MUM/2011[2003-04]Status: DisposedITAT Mumbai24 May 2017AY 2003-04

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 271(1)(c)

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 6. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Gunavantiben N. Shah, Mumbai vs. DCIT Cen Cir 17 &28, Mumbai

In the result, all the eighteen appeals of the assessees’ are allowed

ITA 3576/MUM/2011[2003-04]Status: DisposedITAT Mumbai24 May 2017AY 2003-04

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 271(1)(c)

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 6. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Hitesh S. Shah, Mumbai vs. DCIT Cen Cir 17 &28, Mumbai

In the result, all the eighteen appeals of the assessees’ are allowed

ITA 3575/MUM/2011[2003-04]Status: DisposedITAT Mumbai24 May 2017AY 2003-04

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 132Section 143(3)Section 153Section 271(1)(c)

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 6. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

DCIT CC 3(1) Cen RG 3, Mumbai vs. Wind World Wind Farms (Karnataka) Ltd, Mumbai

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

ITA 6839/MUM/2016[2010-11]Status: DisposedITAT Mumbai05 May 2017AY 2010-11

Bench: Shri B.R. Baskaran (Am)

Section 14ASection 153A

…ars and no incriminating material warranting the impugned additions was found during the course of search. The Ld CIT(A) followed the decision rendered by Hon’ble jurisdictional Bombay High Court in the case of Continental warehousing/All cargo logistics Ltd (374 ITR 645) in this regard. Accordingly the Ld CIT(A) deleted the additions made by the AO in both the years under consideration. Aggrieved, the revenue has filed these appeals. 3. I heard the parties and perused the record. There is no dispute with regard to the fact that the revenue did not unearth any incriminating material concerning the disallowance m…

Anand Jain, Mumbai vs. CIT Cen-III, Mumbai

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

ITA 3895/MUM/2013[2005-06]Status: DisposedITAT Mumbai05 May 2017AY 2005-06

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.3895/Mum/2013 ("नधा"रण वष" / Assessment Year : 2005-06) Anand Jain, The Commissioner Of बनाम/ A-13, Sterling Apartments, Income Tax , Central – Iii, V. 38, Peddar Road, Room No. 109, Mumbai – 400 026. Aayakar Bhavan, Mumbai 400 020. "थायी लेखा सं./Pan : Aabpj1890J (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Appellant: Shri Vijay MehtaFor Respondent: Shri Rahul Raman, CIT-DR
Section 143(1)Section 143(3)Section 263

…he AO for assessment year 2005-06 u/s 143(3) of the 1961 Act vide assessment orders dated 19-12-2007, which is placed in paper book at page 21-22. The ld. counsel relied upon the decision of Hon’ble Bombay High Court in the case of All Cargo Global Logistics, 374 ITR 645 (Bom) and decision of Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla, 380 ITR 573 (Del) . It was submitted that what could not be achieved directly cannot be achieved indirectly as no incriminating material were found during the course of search and hence it was submitted that invocation of provisions of Section 263 of the 1961 Act i…

DCIT CC 3(1) Cen RG 3, Mumbai vs. Wind World Wind Farms (India) Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 6835/MUM/2016[2011-12]Status: DisposedITAT Mumbai04 May 2017AY 2011-12

Bench: Shri B.R. Baskaran (Am)

Section 14ASection 153A

…further no incriminating material warranting the impugned addition was found during the course of search. The Ld CIT(A) followed the decision rendered by Hon’ble jurisdictional Bombay High Court in the case of Continental warehousing/All cargo logistics Ltd (374 ITR 645) in this regard. Accordingly the Ld CIT(A) deleted the addition made by the AO in the year under consideration. Aggrieved, the revenue has filed this appeal. 3. I heard the parties and perused the record. There is no dispute with regard to the fact that the revenue did not unearth any incriminating material concerning the disallowance made by th…

DCIT CC 3(1) Cen RG 3, Mumbai vs. Wind World Wind Farms (Krishna) Ltd, Mumbai

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

ITA 6833/MUM/2016[2011-12]Status: DisposedITAT Mumbai04 May 2017AY 2011-12

Bench: Shri B.R. Baskaran (Am)

Section 14ASection 153A

…ars and no incriminating material warranting the impugned additions was found during the course of search. The Ld CIT(A) followed the decision rendered by Hon’ble jurisdictional Bombay High Court in the case of Continental warehousing/All cargo logistics Ltd (374 ITR 645) in this regard. Accordingly the Ld CIT(A) deleted the additions made by the AO in both the years under consideration. Aggrieved, the revenue has filed these appeals. 3. I heard the parties and perused the record. There is no dispute with regard to the fact that the revenue did not unearth any incriminating material concerning the disallowance m…

Prakash P. Mali, Mumbai vs. DCIT Cent. Cir. 4(4), Range -4, Mumbai

The appeal of the assessee is allowed and the ld

ITA 2181/MUM/2016[2004-05]Status: DisposedITAT Mumbai11 Apr 2017AY 2004-05

Bench: Shri Joginder Singh & Shri Rajendra

Section 132Section 133Section 143(3)Section 153CSection 271(1)(c)Section 88

…10.01.2014 (supra); All Cargo Global Logistics v. Addl.CIT (supra); SKS Ispat and Power Limited vs. DCIT CC 45 (ITA 8746/M/12 and ITA 8747/M/12) (supra) as well as the judgment of the Hon’ble Bombay High Court in the cases of CIT v. All Cargo Global Logistic (374 ITR 645) (supra), copies of which are placed on record. On perusal of the said decisions, we find they are relevant for the proposition that “when no assessment has abated, the question of making any addition or making disallowance which are not based on only material found during the search is bad in law”. Considering the factual matrix of the case as w…

Shyam Sunder Jindal, New Delhi vs. ACIT, New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 5448/DEL/2016[2006-07]Status: DisposedITAT Delhi10 Apr 2017AY 2006-07

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 5448/Del/2016 : Asstt. Year : 2006-07 Shyam Sunder Jindal, Vs Asstt. Commissioner Of Income 12A, Green Avenue, Sector-D, Tax, Central Circle-30, Pocket-3, Vasant Kunj, New Delhi New Delhi-110070 (Appellant) (Respondent) Pan No. Aagpj0184N Assessee By : Sh. Ajay Vohra, Sr. Adv. & Sh. Rohit Garg, Adv. Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 16.02.2017 Date Of Pronouncement : 10.04.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 24.08.2016 Of Ld. Cit(A)-30, New Delhi

For Appellant: Sh. Ajay Vohra, Sr. Adv. &For Respondent: Sh. S. S. Rana, CIT DR
Section 132Section 143(3)Section 153ASection 153B(1)(viii)Section 4

…3) of the Act on 08.10.2008. The reliance was placed on the following case laws: " CIT Vs Chetan Das Lachman Das 211 Taxman 61 (Del.) " CIT Vs Anil Bhatia 352 ITR 493 (Del.) " CIT Vs Kabul Chawla 380 ITR 573 (Del.) " CIT Vs Continental Warehousing Corporation 374 ITR 645 (Bom.) 14. It was contended that the onus was on the department to establish that the bank account was of the assessee but nothing was brought on record to substantiate that the assessee was having any bank account with HSBC Bank, Geneva, Switzerland. It was further contended that the assessee in response to the queries raised by the department f…

Asst CIT Cen Cir 3(2), Mumbai vs. Balasore Alloys Ltd, Odisha

In the result, the appeal of Revenue and that both of assessee, all are dismissed

ITA 667/MUM/2015[2005-06]Status: DisposedITAT Mumbai07 Apr 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 115JSection 132Section 139(1)Section 143(3)Section 153ASection 53A

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 5. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Balasore Alloys Ltd, Orrissa vs. DCIT Cen Cir 18 & 19, Mumbai

In the result, the appeal of Revenue and that both of assessee, all are dismissed

ITA 621/MUM/2015[2005-06]Status: DisposedITAT Mumbai07 Apr 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 115JSection 132Section 139(1)Section 143(3)Section 153ASection 53A

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 5. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Balasore Alloys Ltd, Orrissa vs. Asst CIT Cen Cir 3(2), Mumbai

In the result, the appeal of Revenue and that both of assessee, all are dismissed

ITA 1166/MUM/2015[2006-07]Status: DisposedITAT Mumbai07 Apr 2017AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 115JSection 132Section 139(1)Section 143(3)Section 153ASection 53A

…ssessee in regards to the additions made by AO. Once this is the position, the issue is squarely covered in favour of assessee by the decision of the Hon'ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom). 5. We find that this issue now stands covered in favour of assessee and against the Revenue by the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), wherein considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 I…

Smt.Vidya Devi Ladhani, Bangalore vs. Assistant Commissioner of Income Tax, Bangalore

In the result, the appeals of the assessees are allowed

ITA 118/BANG/2017[2009-2010]Status: DisposedITAT Bangalore07 Apr 2017AY 2009-2010

Bench: Shri Vijay Pal Rao

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri G.R. Reddy, CIT (DR) (ITAT)-1, Bengaluru
Section 132Section 143(1)Section 143(2)Section 153ASection 2(22)(e)

…al. 13. The Hon'ble Delhi High Court in the case of CIT Vs. Kabul Chawla (supra), after considering all the relevant decisions on this point has held in paras 35 to 38 as under : “ 35. In CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645/232 Taxman 270/58 taxmann.com 78 (Bom.) the question addressed by the Bombay High Court was whether the scope of assessment under Section 153A encompasses additions, not based on any incriminating material found during the course of search? It was held that no addition could be made in respect of the assessments that had become final in the event…

M/S. Shri Shaym Sunder Infrastructure (P) Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed in the manner as indicated above

ITA 6216/DEL/2013[2005-06]Status: DisposedITAT Delhi07 Apr 2017AY 2005-06

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

For Appellant: Shri Sanjeev Bindal, AdvFor Respondent: Shri S.S. Rana, CIT DR
Section 153ASection 68

…lready completed on the date of search i.e. 24.9.2009. Our conclusion also gets support from the decision of the Hon'ble Bombay High Court in the case of CIT Vs. Continental Warehousing Corporation Ltd [supra] and CIT Vs. All Cargo Global Logistics Ltd [2015] 374 ITR 645 [Bom] wherein dismissing the appeals of the Revenue, it was held that notice 31 u/s 153A of the Act was issued and if there was no incriminating material found during search, then the Tribunal was right in holding that the powers u/s 153A being not expected to be exercised routinely, should be exercised if the search revealed any incriminating m…

Asst CIT Cir 2, Thane vs. Salasar Developers, Thane

The appeals of the Revenue are dismissed

ITA 4513/MUM/2014[2006-07]Status: DisposedITAT Mumbai04 Apr 2017AY 2006-07

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(3)Section 133ASection 143(3)Section 153A

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, ई, मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “E”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी एन. के. "धान, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri N.K. Pradhan, Accountant Member ITA NOs.4511 to 4513/Mum/2014 Assessment Years: 2004-05 to 2006-07 ACIT, M/s Salasar Developers, Circle-2, Ground Floor, Vrindavan, बनाम/ Thane Salasar Brijbhoomi, Temba Vs. Hospital Road, Bhayandar(W), Dist:-Thane-401101 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No. AAKFS6465R "नधा"रती क" ओर से / Assessee by Shri Virag H. Shah Shri H.N. Singh CIT-DR…

Asst CIT Cir 2, Thane vs. Salasar Developers, Thane

The appeals of the Revenue are dismissed

ITA 4512/MUM/2014[2005-06]Status: DisposedITAT Mumbai04 Apr 2017AY 2005-06

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(3)Section 133ASection 143(3)Section 153A

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, ई, मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “E”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी एन. के. "धान, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri N.K. Pradhan, Accountant Member ITA NOs.4511 to 4513/Mum/2014 Assessment Years: 2004-05 to 2006-07 ACIT, M/s Salasar Developers, Circle-2, Ground Floor, Vrindavan, बनाम/ Thane Salasar Brijbhoomi, Temba Vs. Hospital Road, Bhayandar(W), Dist:-Thane-401101 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No. AAKFS6465R "नधा"रती क" ओर से / Assessee by Shri Virag H. Shah Shri H.N. Singh CIT-DR…

Asst CIT Cir 2, Thane vs. Salasar Developers, Thane

The appeals of the Revenue are dismissed

ITA 4511/MUM/2014[2004-05]Status: DisposedITAT Mumbai04 Apr 2017AY 2004-05

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(3)Section 133ASection 143(3)Section 153A

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, ई, मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “E”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी एन. के. "धान, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri N.K. Pradhan, Accountant Member ITA NOs.4511 to 4513/Mum/2014 Assessment Years: 2004-05 to 2006-07 ACIT, M/s Salasar Developers, Circle-2, Ground Floor, Vrindavan, बनाम/ Thane Salasar Brijbhoomi, Temba Vs. Hospital Road, Bhayandar(W), Dist:-Thane-401101 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No. AAKFS6465R "नधा"रती क" ओर से / Assessee by Shri Virag H. Shah Shri H.N. Singh CIT-DR…