CIT v. Gurinder Singh Bawa

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

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

…mitted 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 of P.B.) Narpat Mehta v. ACIT CC 4(1), Mumbai i…

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

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

…ducts 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 the assessment order as erroneous and prejudicial to the interest of Revenue. It is noted by us that t…

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)

…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 on. It is the submission of learned counsel that both the assessments for Assessment Years 2000- 01 and…

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)

…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 on. It is the submission of learned counsel that both the assessments for Assessment Years 2000- 01 and…

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)

…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 on. It is the submission of learned counsel that both the assessments for Assessment Years 2000- 01 and…

Ranjeet Mohandas Rupchandani, Ulhasnagar vs. Asst CIT Cen Cir 1, Thane

In the result, the appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am Ranjeet Mohandas Rupchandani, Asstt. Commissioner Of Income Barrack No.758, Room No.16, Tax –Cen.Circle-1, फनधभ/ Room No.10, 6Th Floor, Behind Chopra Court, Uhasnagar -421003, Ashar It Park, Vs. Maharashtra Wagle Estate, Thane(W), स्थधमी रेखध सं./ जीआइआय सं./ Pan : Aatpr2158P (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : अऩीरधथी की ओय से / Appellant By : Shri Subramainian प्रत्मथी की ओय से/Respondent By : Shri Shishir Dhameja

…e AO was without jurisdiction in terms of provisions of section 153A of the Act and required to be deleted. The ld. AR in defence of his arguments relied on the decision of the Hon’ble Jurisdictinal High Court in the case of CIT V/s Gurinder Singh Bawa (2016) 386 ITR 483(Bom). 8. The ld. DR on the other hand, relied on the orders of authorities below. 5 9. We have heard the rival contentions and perused the material on record including the orders of authorities below and case law relied upon by the assessee. We find that the return of income filed by the assessee on 12.2.2009 declaring a total income of Rs.1,54…

DCIT Cen Cir 8(1), Mumbai vs. Indra Gaggar, Mumbai

In the result, all the appeals of the Revenue are dismissed

Bench: Shri Rajendra & Shri C.N. Prasadआयकर अपील सं./Ita Nos.808, 1295, 1294, 1296 & 809/M/2015 आयकर अपील सं आयकर अपील सं आयकर अपील सं (िनधा"रण वष" िनधा"रण वष" / Assessment Years: 2006-07, 2007-08, 2008-09, 2009-10 & 2011-12) िनधा"रण वष" िनधा"रण वष" Dcit Cen Cir 8(1), Smt. Indra Gaggar, R.No.656, 6Th Floor, 41-42, 4Th Floor, Aayakar Bhavan, Gaurav Extension, M.K. Road, Film City Road., बनाम/Vs. बनाम बनाम बनाम Mumbai – 400 020 Gokuldham, Goregaon (East), Mumbai – 400 063 Pan: Afxpg3889B (अपीलाथ% अपीलाथ%/Appellant) ("&यथ% "&यथ%/Respondent) अपीलाथ% अपीलाथ% "&यथ% "&यथ% Present For: Assessee By : Shri Anuj Kisnadwala, A.R. Revenue By : Shri P. Ghosh, D.R. सुनवाई क' तारीख/Date Of Hearing : 15.11.2016 सुनवाई क' तारीख सुनवाई क' तारीख सुनवाई क' तारीख घोषणा क' तारीख /Date Of Pronouncement : 30.11.2016 घोषणा क' तारीख घोषणा क' तारीख घोषणा क' तारीख आदेश / O R D E R Per Bench:

…on abated assessment year an addition can be made in an assessment made under section 153A or 153C of the Act only on the basis of material found during the course of the search. 1. All Cargo Global Logistics [374 ITR 645 (Bom)] 2. CIT v. Gurinder Singh Bawa [386 ITR 483 (Bom)] 3. CIT v. Kabul Chawla [380 ITR 573 (Del)] 4. Narpat Mehta v. ACIT CC 4(1), Mumbai in ITA Nos.2151 and 2153/Mum/2015 for A.Ys. 2005-06 and 2008-09 dated 30.09.2016 The Revenue could not bring on record any incriminating material suggesting for above addition. Therefore respectfully following the jurisdictional High Court decision in the ca…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…that this decision was followed by the Coordinate Bench in assessee’s case (Narpath Mehta) for the Assessment Years 2005-06 & 2008-09. He also places reliance on the recent decision of the Jurisdictional High Court in the case of CIT vs. Gurinder Singh Bawa (386 ITR 483). 3. Departmental Representative vehemently submitted that in this case, the addition was made based on the seized material as was pointed out by the Assessing Officer and the ld. CIT(A) in their orders. He vehemently submitted that the order passed by the Coordinate Bench in Shri Rasesh B. Kanakia, which was followed in Narpath Mehta’s case is d…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…that this decision was followed by the Coordinate Bench in assessee’s case (Narpath Mehta) for the Assessment Years 2005-06 & 2008-09. He also places reliance on the recent decision of the Jurisdictional High Court in the case of CIT vs. Gurinder Singh Bawa (386 ITR 483). 3. Departmental Representative vehemently submitted that in this case, the addition was made based on the seized material as was pointed out by the Assessing Officer and the ld. CIT(A) in their orders. He vehemently submitted that the order passed by the Coordinate Bench in Shri Rasesh B. Kanakia, which was followed in Narpath Mehta’s case is d…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…that this decision was followed by the Coordinate Bench in assessee’s case (Narpath Mehta) for the Assessment Years 2005-06 & 2008-09. He also places reliance on the recent decision of the Jurisdictional High Court in the case of CIT vs. Gurinder Singh Bawa (386 ITR 483). 3. Departmental Representative vehemently submitted that in this case, the addition was made based on the seized material as was pointed out by the Assessing Officer and the ld. CIT(A) in their orders. He vehemently submitted that the order passed by the Coordinate Bench in Shri Rasesh B. Kanakia, which was followed in Narpath Mehta’s case is d…

Madhu Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…that this decision was followed by the Coordinate Bench in assessee’s case (Narpath Mehta) for the Assessment Years 2005-06 & 2008-09. He also places reliance on the recent decision of the Jurisdictional High Court in the case of CIT vs. Gurinder Singh Bawa (386 ITR 483). 3. Departmental Representative vehemently submitted that in this case, the addition was made based on the seized material as was pointed out by the Assessing Officer and the ld. CIT(A) in their orders. He vehemently submitted that the order passed by the Coordinate Bench in Shri Rasesh B. Kanakia, which was followed in Narpath Mehta’s case is d…

Narpat Mehta, Mumbai vs. ACIT Cen Cir 4(1), Mumbai

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

Bench: Shri C.N. Prasad & Shri N.K. Pradhan

…that this decision was followed by the Coordinate Bench in assessee’s case (Narpath Mehta) for the Assessment Years 2005-06 & 2008-09. He also places reliance on the recent decision of the Jurisdictional High Court in the case of CIT vs. Gurinder Singh Bawa (386 ITR 483). 3. Departmental Representative vehemently submitted that in this case, the addition was made based on the seized material as was pointed out by the Assessing Officer and the ld. CIT(A) in their orders. He vehemently submitted that the order passed by the Coordinate Bench in Shri Rasesh B. Kanakia, which was followed in Narpath Mehta’s case is d…