CIT v. Express Newspapers Ltd.

INCOME TAX OFFICER WARD 6(2)(1), MUMBAI, INCOME TAX OFFICE, MUMBAI vs. ESSAR POWER JAMNAGAR LIMITED, MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawalassessment Year: 2011-12 Income Tax Officer, Essar Power Jamnagar Ltd., Ward 6(2)(1), 11, Essar House, K.K. Marg, Vs. Mumbai Mahalaxmi, Mumbai – 400 034 (Pan : Aabce8921G) (Assessee) (Respondent) Present For: Assessee : Shri Vijay Mehta, Ca Revenue : Shri Biswanath Das, Cit, Dr Date Of Hearing : 05.09.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1062839468(1), Dated 18.03.2024 Passed Against The Assessment Order By Income Tax Officer, Ward – 6(2)(4), U/S. 144 R.W.S. 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.03.2016 For Assessment Year 2011-12. 2. Grounds Taken By The Revenue Are Reproduced As Under: "1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Citia) Was Justified In Declaring The Assessment Order Passed As Nullity Without Considering The Fact That The Assessee Was In Existence When The Transactions Were Made? 2. "Whether On The Facts & Circumstances Of The Case, The Ld. Citia) Was Justified In Treating The Assessment Proceedings As Without Jurisdiction, Without Considering The Fact That The Reference Can Be Made For Revival Of Companies From The Date Of Strike Off, As Per The Instruction By The Cbdt Vide Letter Dated 29.12.2017?

…id. 4.2. To buttress its contentions, reliance was placed on catena of decisions which are listed as under: 1. Spice Entertainment Ltd. v. CIT, ITA No. 475 of 2011 judgment dated 08.08.2011 of Hon'ble Delhi High Court 2. CIT v. Express Newspapers Ltd. [1960] 40 ITR 38 (Mad.) 3. K. Agencies (P.) Ltd. v. CWT [2012] 347 ITR 664/20 taxmann.com 731 (Cal.) 4. CIT v. Amarchand N. Shroff [1963] 48 ITR 59 (SC) 5. CIT v. Kurban Hussain Ibrahimji Mithiborwala [1971] 82 ITR 821 (SC). 6. CIT v. Vived Marketing Servicing (P.) Ltd. ITA No. 273/2009 order dated 17.09.2009 of Hon'ble Delhi High Court 7. Khurana Engg. Ltd. v. Dy.…

TRENT LTD,MUMBAI vs. ADDL. C.I.T.-2(3), MUMBAI

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Trent Ltd., V. Add. Cit – 2(3) Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent) Addl. Cit – 2(3) V. M/S. Trent Ltd., Room No. 556, 5Th Floor Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai - 400 020 Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent) M/S. Trent Ltd., V. Dy. Cit – 2(3) Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent)

…in other sections of the Act or definition given in another Acts could be imported to find out the contextual meaning and for this proposition, he relied on the decision of the Hon'ble Madras High Court in the case of CIT vs. Express Newspapers as reported in 40 ITR 38. He further drew our attention to the provisions of section 10(15) of the Act wherein the expression "Industrial Undertaking” has been defined to include the operation of ships and also the provisions of Section 80-I wherein the shipping industry has been considered as Industrial Undertaking. The learned counsel also contended that in A.Y. 1999-200…

VALIANT GLASS WORKS P.LTD,MUMBAI vs. ASST CIT CEN CIR 38, MUMBAI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Sri G. S. Pannu & Sri Sanjay Gargvaliant Glass Works Pvt. Vs. The Asst. Commissioner Of Ltd., C/O. Shankarlal Jain & Income Tax, Associates, 12, Engineer Central Circle-38, Mumbai Building, 265, Princess Street, Mumbai 400 002 Pan:Aaacv 1224 E Appellant .. Respondent

…rt in the case of Spice Infotainment Ltd. Vs. Commissioner of Service Tax in ITA 475 & 476 of 2011, dated 03.08.2011 2. CIT v. Dimension Apparels P. Ltd. [370 ITR 288 (Del)] 3. I. K. Agencies P. Ltd. v CIT [347 ITR 664 (Cal)] 4. CIT v Express Newspapers Ltd. [40 ITR 38 (Mad)] 5. Judgment of Delhi High Court in the case of CIT v Micra India P. Ltd. (2015) 57 Taxmann.com 163 (Del) 6. Order of the Tribunal Mumbai Bench, in the case of Instant Holdings Ltd. ACIT in ITA no. 4593, 4748/Mum/2011 order dated 09.03.2016. 7. Order of the Tribunal Kolkata Bench, in the case of Emerald Company Ltd in ITA no. 428/Ko1/2015 ord…

WESTILIFE DEVELOPMENT LTD,MUMBAI vs. PR CIT 5, MUMBAI

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

…rt in the case of Spice Infotainment Ltd. Vs. Commissioner of Service Tax in ITA 475 & 476 of 2011, dated 03.08.2011 2. CIT v. Dimension Apparels P. Ltd. [370 ITR 288 (Del)] 3. I. K. Agencies P. Ltd. v CIT [347 ITR 664 (Cal)] 4. CIT v Express Newspapers Ltd. [40 ITR 38 (Mad)] 5. Judgment of Delhi High Court in the case of CIT v Micra India P. Ltd. (2015) 57 Taxmann.com 163 (Del) 6. Order of the Tribunal Mumbai Bench, in the case of Instant Holdings Ltd. ACIT in ITA no. 4593, 4748/Mum/2011 order dated 09.03.2016. 7. Order of the Tribunal Kolkata Bench, in the case of Emerald Company Ltd in ITA no. 428/Ko1/2015…

ORBIT CORPORATION LTD ( FORMERLY M/S. ORBIT BUILDCON & REALTY P.LTD SINCE MERGED WITH M/S, ORBIT CORPORATION LTD),MUMBAI vs. DCIT CEN CIR 47, MUMBAI

In the result, all the three appeals filed by the assessee are allowed

…itutes a jurisdictional defect. For this proposition, the decision of the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Narton Motor (275 ITR 595) and the judgment of the Hon’ble Madras High Court in the case of CIT vs. Express Newspapers (1960) 40 ITR 38 (Mad) were relied. In the case of Express News Papers (supra), the assessments were made long after Free Press Company was stick off from the register of companies and the assessments cannot be valid. In this regard, Ld Counsel for the assessee filed a copy of the judgment of the Hon’ble Bombay High Court, copies of the statutory notices issued to…