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

DCIT Cen Cir 8(1), Mumbai vs. Bhuta Investment P.Ltd, Mumbai

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2008-09

…. Under these circumstances Ld. Counsel has submitted that no addition can be made in assessment u/s 153A in absence of any incriminating material having been found during the course of search in view of the following decisions:- “All Cargo Global Logistics [374 ITR 645 (Bom)] CIT v. Gurinder Singh Bawa [386 ITR 483 (Bom)] CIT v. Kabul Chawla [380 ITR 573 (Del)] Dy. CIT v. Shri Ramakant Gaggar in ITA Nos 1287 to 1291/Mum/2015 for A.Y.s 2006-07 to 2009-10 dated 21.12.2016 (Pg 69— 80 of P.B.) DCIT v. Smt. Indra Gaggar in ITA Nos 808, 1295, 1294/Mum/2015 for A.Y.'s 2006-07 to 2008-09 dated 30.11.2016 (Pg 102 - 113…

Binnaifer Kohli, Mumbai vs. ACIT CC 25, Mumbai

In the result, both the appeals of the assessee are allowed

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am श्री महाविर स िंग, न्याययक दस्य एििं श्री राजेश कुमार, ऱेखा दस्य के मक्ष Smt.Binnaifer Kohli, Asstt. Commissioner Of Income 1101-1106, Occean View Bldg., Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) Smt.Binnaifer Kohli, Asstt. Commissioner Of 1101-1106, Occean View Bldg., Income Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 स्थधमी रेखध सं./ Pan : Abwpn5134E (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : अऩीरधथी की ओय से /Assessee By : Shri Vipul Joshi Ms.Keyuri Desai प्रत्मथी की ओय से/Revenue By : Shri N P Singh सुनवधई की तधयीख /Date Of Hearing : 7.2.2017 घोषणध की तधयीख /Date Of : 24. 2.2017 Pronouncement आदेश / O R D E R Per Rajesh Kumar, A. M: The Appeal Bearing Ita No.3832/Mum/2012 Filed By The Assessee Against The Order Dated 29.2.2012 Passed By The Ld.Cit(A), 39, Mumbai & The Appeal Bearing Ita No.4334/Mum/2014 Is Also Filed By The Assessee Against The Order Dated 3.3.2014 Passed By The Ld.Cit(A) Against The Penalty Imposed By The Ao U/S 271(1)( C ) Of The Act. Both The Appeals Pertain To The Assessment Year 2004-05. Since These Appeals Belong To The Same Assessee, They Are Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order, For The Sake Of Convenience. 2. The Issue Raised In The First Grounds Of Appeal Is Against The Confirmation Of Addition Of Rs.23,78,000/- As Made By The Ao Under Section 68 Of The Income Tax Act, 1961 In The Assessment Framed Under Section 143(3) Read With Section 153A Of The Act Even Though There Was No Incriminating Material Or Evidence For Doubting The Genuineness Of The Gift Found Or Seized During The Course Of Search.

…wherein an identical issue has been decided by the Tribunal in favour of the assessee qua the gift received from foreign resident. The l.d AR also relied on the series of judgments such as CIT V/s Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645 (Bombay) and CIT v.Anil Kumar Bhatia [2013] 352 ITR 493 (Delhi) and submitted that ratio laid down by the above mentioned decisions be followed in the assessee’s case and the addition made by the AO u/s 153A r.w.section 143(3) be deleted. On the contrary, the ld.DR heavily relied on the orders of authorities below. 5. We have heard the rival con…

Binnaifer Kohli, Mumbai vs. Asst CIT CC 25, Mumbai

In the result, both the appeals of the assessee are allowed

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am श्री महाविर स िंग, न्याययक दस्य एििं श्री राजेश कुमार, ऱेखा दस्य के मक्ष Smt.Binnaifer Kohli, Asstt. Commissioner Of Income 1101-1106, Occean View Bldg., Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) Smt.Binnaifer Kohli, Asstt. Commissioner Of 1101-1106, Occean View Bldg., Income Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 स्थधमी रेखध सं./ Pan : Abwpn5134E (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : अऩीरधथी की ओय से /Assessee By : Shri Vipul Joshi Ms.Keyuri Desai प्रत्मथी की ओय से/Revenue By : Shri N P Singh सुनवधई की तधयीख /Date Of Hearing : 7.2.2017 घोषणध की तधयीख /Date Of : 24. 2.2017 Pronouncement आदेश / O R D E R Per Rajesh Kumar, A. M: The Appeal Bearing Ita No.3832/Mum/2012 Filed By The Assessee Against The Order Dated 29.2.2012 Passed By The Ld.Cit(A), 39, Mumbai & The Appeal Bearing Ita No.4334/Mum/2014 Is Also Filed By The Assessee Against The Order Dated 3.3.2014 Passed By The Ld.Cit(A) Against The Penalty Imposed By The Ao U/S 271(1)( C ) Of The Act. Both The Appeals Pertain To The Assessment Year 2004-05. Since These Appeals Belong To The Same Assessee, They Are Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order, For The Sake Of Convenience. 2. The Issue Raised In The First Grounds Of Appeal Is Against The Confirmation Of Addition Of Rs.23,78,000/- As Made By The Ao Under Section 68 Of The Income Tax Act, 1961 In The Assessment Framed Under Section 143(3) Read With Section 153A Of The Act Even Though There Was No Incriminating Material Or Evidence For Doubting The Genuineness Of The Gift Found Or Seized During The Course Of Search.

…wherein an identical issue has been decided by the Tribunal in favour of the assessee qua the gift received from foreign resident. The l.d AR also relied on the series of judgments such as CIT V/s Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645 (Bombay) and CIT v.Anil Kumar Bhatia [2013] 352 ITR 493 (Delhi) and submitted that ratio laid down by the above mentioned decisions be followed in the assessee’s case and the addition made by the AO u/s 153A r.w.section 143(3) be deleted. On the contrary, the ld.DR heavily relied on the orders of authorities below. 5. We have heard the rival con…

Rajesh Poddar, Mumbai vs. DCIT Cent. Cir. 7(4), Mumbai

Bench: S/Shri Rajendra, A.M. & Sanjay Garg,J.M. आयकर अपील सं आयकर अपील सं././././Ita No.2114/Mum/2016,िनधा"रण व आयकर अपील सं आयकर अपील सं िनधा"रण व िनधा"रण वष"ष"ष"ष" /Assessment Year: 2011-12 िनधा"रण व Mr. Rajesh Poddar Dcit, Central Circle-7(4) 42, Gautam Apartment Room No.659, 6Th Floor 31, Juhu Road, Santacruz (W) Vs. Aayakar Bhavan, M.K. Road Mumbai-400 054. Mumbai-400 020. Pan: Aafpp 3092 C (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri R.P. Meena-Dr Assessee By: Shri Devendra H. Jain सुनवाई क" तारीख / Date Of Hearing: 08.02.2017 घोषणा क" तारीख / Date Of Pronouncement:22.02.2017 आयकर आयकर अिधिनयम आयकर आयकर अिधिनयम अिधिनयम,1961 क" अिधिनयम क" क" धारा क" धारा धारा 254(1)के अ"तग"त आदेश धारा के अ"तग"त आदेश के अ"तग"त आदेश के अ"तग"त आदेश Order U/S.254(1)Of The Income-Tax Act,1961(Act) लेखा सद"य लेखा सद"य,राजे"" के अनुसार लेखा सद"य लेखा सद"य राजे"" के अनुसार राजे"" के अनुसार -Per Rajendra,Am: राजे"" के अनुसार Challenging The Order Dated 29.01.2016 Of Cit(A)-48, Mumbai The Assessee Has Filed The Present Appeal.

…आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण “ए” ” ” ” "यायपीठ मुंबई म"। आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण "यायपीठ मुंबई म"। "यायपीठ मुंबई म"। "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI सव"ी राजे"", लेखा सद"य एवं संजय गग" ,"याियक सद"य Before S/Shri Rajendra, A.M. and Sanjay Garg,J.M. आयकर अपील सं आयकर अपील सं././././ITA No.2114/Mum/2016,िनधा"रण व आयकर अपील सं आयकर अपील सं िनधा"रण व िनधा"रण वष"ष"ष"ष" /Assessment Year: 2011-12 िनधा"रण व Mr. Rajesh Poddar DCIT, Central Circle-7(4) 42, Gautam apartment Room No.659, 6th Floor 31, Juhu Road, Santacruz (W) Vs. Aayakar Bhavan, M.K. Road Mumbai-…

Hanspro. Com P.Ltd, Mumbai vs. Pr CIT Cen 7, Mumbai

Bench: Shri Amit Shukla () & Shri Ashwani Taneja ()

…Ld.AO had no jurisdiction to examine the loan of Rs.35 lakhs received by the assessee from M/s STI Products Pvt Ltd. The legal position is now well settled in this regard by the judgement of Hon'ble Bombay High Court in the case of All Cargo Global Logistics 374 ITR 645 (Bom) and judgments of Hon’ble Delhi High Court in the case of Gurvindersingh Bawa vs DCIT 386 ITR 483 (Del) and CIT vs Kabul Chawla 380 ITR 573 (Del). 4. Under these circumstances, when the AO himself did not have the jurisdiction to examine the said loan, then how the Ld. Principal CIT can take a view that non examination of loan by the AO made…

Purshottam Budhwani, Mumbai vs. ACIT Cen Cir 41, Mumbai

In the result, the appeals filed by assessee are allowed and Revenue’s appeal is dismissed

Bench: Shri Rajendra, Am & Shri C.N. Prasad, Jm आयकरअपीलसं./I.T.A. No.229/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2000-01)

…ed and the additions were not based on search materials, the orders passed u/s 143(3) r.w.s. 153A of the Act are bad in law. For this proposition, he placed reliance on the decisions of Hon'ble Bombay High Court in the case of All Cargo Global Logistics Ltd., 374 ITR 645 (Bom.) and Shri Gurinder Singh Bawa, IT Appeal No. 1839 of 2013 dated 5.10.2015 reported in 386 ITR 483. 4. The ld. DR vehemently supported the orders of the authorities below. 4 Shri Purshottam G. Budhwani ITA Nos. 229, 640 & 5126/Mum/2015 5. We have heard the rival submissions, perused the orders of authorities below and the case laws relied…

Purshottam Budhwani, Mumbai vs. ACIT Cen Cir 41, Mumbai

In the result, the appeals filed by assessee are allowed and Revenue’s appeal is dismissed

Bench: Shri Rajendra, Am & Shri C.N. Prasad, Jm आयकरअपीलसं./I.T.A. No.229/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2000-01)

…ed and the additions were not based on search materials, the orders passed u/s 143(3) r.w.s. 153A of the Act are bad in law. For this proposition, he placed reliance on the decisions of Hon'ble Bombay High Court in the case of All Cargo Global Logistics Ltd., 374 ITR 645 (Bom.) and Shri Gurinder Singh Bawa, IT Appeal No. 1839 of 2013 dated 5.10.2015 reported in 386 ITR 483. 4. The ld. DR vehemently supported the orders of the authorities below. 4 Shri Purshottam G. Budhwani ITA Nos. 229, 640 & 5126/Mum/2015 5. We have heard the rival submissions, perused the orders of authorities below and the case laws relied…

DCIT CC 7(2), Mumbai vs. Purshottam G Budhwani, Mumbai

In the result, the appeals filed by assessee are allowed and Revenue’s appeal is dismissed

Bench: Shri Rajendra, Am & Shri C.N. Prasad, Jm आयकरअपीलसं./I.T.A. No.229/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2000-01)

…ed and the additions were not based on search materials, the orders passed u/s 143(3) r.w.s. 153A of the Act are bad in law. For this proposition, he placed reliance on the decisions of Hon'ble Bombay High Court in the case of All Cargo Global Logistics Ltd., 374 ITR 645 (Bom.) and Shri Gurinder Singh Bawa, IT Appeal No. 1839 of 2013 dated 5.10.2015 reported in 386 ITR 483. 4. The ld. DR vehemently supported the orders of the authorities below. 4 Shri Purshottam G. Budhwani ITA Nos. 229, 640 & 5126/Mum/2015 5. We have heard the rival submissions, perused the orders of authorities below and the case laws relied…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

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

…e the subject matter for addition again as this issue is already settled. For this the learned Counsel for the assessee relied on 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.). On the other hand, the learned Sr. DR heavily relied on the orders of the lower authorities. 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 judgmen…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

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

…e the subject matter for addition again as this issue is already settled. For this the learned Counsel for the assessee relied on 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.). On the other hand, the learned Sr. DR heavily relied on the orders of the lower authorities. 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 judgmen…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

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

…e the subject matter for addition again as this issue is already settled. For this the learned Counsel for the assessee relied on 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.). On the other hand, the learned Sr. DR heavily relied on the orders of the lower authorities. 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 judgmen…

Bhagaram P. Mali, Mumbai vs. Asst CIT (OSD I) Cen RG 7, Mumbai

In the result, ITA No. 5781 & 5780/Mum/2015 of assessee’s appeal are allowed, assessee’s appeal in 5782 &5779/Mum/2015 are partly allowed for statistical purposes

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

…e the subject matter for addition again as this issue is already settled. For this the learned Counsel for the assessee relied on 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.). On the other hand, the learned Sr. DR heavily relied on the orders of the lower authorities. 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 judgmen…

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

Accordingly, we delete the same. Accordingly, the grounds originally raised by the assessee are allowed

…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”. In this regard, we find it relevant to extract…

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

Accordingly, we delete the same. Accordingly, the grounds originally raised by the assessee are allowed

…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”. In this regard, we find it relevant to extract…

DCIT Cen Cir 1(1), Mumbai vs. Rolta Ltd, Mumbai

In the result, Department’s appeals in ITA no

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

…he relied upon the decision of Hon'ble Supreme Court in CIT v/s Calcutta Knit Wares, 362 ITR 673. 10. Learned Authorised Representative strongly relying upon the decision of the Hon'ble Jurisdictional High Court in CIT v/s Continental Warehousing Corporation, 374 ITR 645, submitted in the absence of incriminating material, the Assessing Officer cannot make assessment under section 153A in respect of income which were part of the original assessment completed before the search and seizure operation. He, therefore, submitted, learned Commissioner (Appeals) having found that there is no incriminating material relati…

Dalwala Securities Ltd, Mumbai vs. DCIT Cen Cir 33, Mumbai

In the result, appeal for A

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

…e assessment orders passed for the assessment year 2001–02 and 2002–03 have to be quashed. In support of such contention, the learned Authorised Representative relied upon the following decisions:– i) CIT v/s Continental Warehousing Corp. (Nhava Sheva) Ltd., 374 ITR 645; ii) CIT v/s Murli Agro Products Ltd., ITA no.36 of 2009 (Bom.); iii) CIT v/s Kabul Chawla, ITA no.707 of 2014 (Del.); iv) Jai Steel India v/s ACIT, 259 CTR 281 (Raj.); v) Nikki Agarwal v/s ACIT, ITA no.879–880, 8915–8916/Mum./ 2011); vi) ACIT v/s Jayendra P. Jhaveri, ITA no.2141–2144/Mum./2012; vii) Gurindersingh Bawa v/s DCIT, ITA no.2075 & 266…

ACIT CC 24 & 26, Mumbai vs. Samir Narain Bhojwani, Mumbai

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

…earned DR also conceded to the position. 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 CIT vs Continental Warehousing Corporation (Nhava Sheval) Ltd. (2015) 374 ITR 645 (Bombay), wherein also considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered the issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets foun…

Asst CIT CC 24 & 26 Cen RG 5, Mumbai vs. Samir Narain Bhojwani, Mumbai

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

…earned DR also conceded to the position. 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 CIT vs Continental Warehousing Corporation (Nhava Sheval) Ltd. (2015) 374 ITR 645 (Bombay), wherein also considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered the issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets foun…

Asst CIT CC 24 & 26 Cen RG 5, Mumbai vs. Samir Narain Bhojwani, Mumbai

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

…earned DR also conceded to the position. 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 CIT vs Continental Warehousing Corporation (Nhava Sheval) Ltd. (2015) 374 ITR 645 (Bombay), wherein also considering the judgment of the Special Bench of the Mumbai Tribunal in the case of All Cargo Global Logistics 137 ITD 287(SB) (Mum), considered the issue that, whether there is scope of assessment u/s. 153A of the Act in respect to completed assessment which is limited only to undisclosed income and undisclosed assets foun…