CIT v. Jansampark Advertising & Marketing (P.) Ltd.

Deputy Commissioner of Income Tax - Central Circle 8(1), Mumbai vs. S. B. Securities Private Limited, Mumbai

Appeal stands dismissed

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

…1 M/s. S.B. Securities Private Limited Assessment Year-2009-10 आयकर अपीलीय अिधकरण “जी” "ायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI माननीय "ी संद"प गोसांई, "ाियक सद" एवं माननीय "ी मनोज कुमार अ"वाल ,लेखा सद" के सम"। BEFORE HON’BLE SHRI SANDEEP GOSAIN, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ I.T.A. No. 7346/Mum/2017 (िनधा"रणवष" िनधा"रणवष" िनधा"रणवष" / Assessment Year: 2009-10) िनधा"रणवष" DCIT-Central Circle-8(1) M/s. S.B. Securities Pvt. Ltd. Room No.656, 6th Floor 6/7, Rotunda, 2nd Floor, Office No.3 बनाम नाम नाम/ नाम Aaykar Bhavan, M.K. Road 5/7, Kothari House, OAK…

Income Tax Officer 12(1)(4), Mumbai vs. Cymbal Mercantile Private Limited, Mumbai

In the result, appeal of the revenue is dismissed

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singhito-12(1)(4) M/S Cymbal Mercantile Pvt. Ltd. Room No. 145A, B-204, Kesar Baug, L.T. Road, Aayakar Bhavan, M.K. Borivali (East), Road, Church Gate, Mumbai-400092. Vs. Mumbai-400020. Pan: Aaecc7675C Appellant Respondent Appellant By : Shri Pramod Nikalje (Dr) Respondent By : Shri V. Chandrasekhar (Ar) Date Of Hearing : 23.04.2019 Date Of Pronouncement : 17.07.2019 Order Under Section 254(1)Of Income Tax Act Per Pawan Singh; 1. This Appeal By Revenue Under Section 253 Of Income-Tax Act (‘Act’) Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-

…the fact and circumstances of the case, the Ld.CIT(A) was justified in deleting the addition of Share Premium without adhering to cardinal principle laid down by the Hon 'ble Delhi High Court in the case of CIT V/s. Jansampark Advertising & Marketing (P) Ltd. 375 ITR 373 (Delhi) wherein it is ruled that it is an obligation of the first appellate authority to have ensured that effective inquiry may be carried out if A.O. has failed to do it properly. 6. Whether on the fact and circumstances of the case, the Ld.CIT(A) was justified in ruling that without any further probe to prove contrary by the A.O. the addition…

Deputy Commissioner of Income Tax-4(2)(2), Mumbai vs. M/S.Jamini Nidustries Private Limited, Mumbai

In the result, the appeal is allowed for statistical purposes

Bench: Shri Sandeep Gosain () & Shri N.K. Pradhan () Assessment Year: 2014-15

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F” MUMBAI BEFORE SHRI SANDEEP GOSAIN (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2014-15 DCIT-4(2)(2), Room No. M/s Jamini Industries Pvt. 640, 6th floor, Aayakar Ltd., 11-13, Rupa Sadan, Vs. Bhavan, M.K. Road, Malharrao, Wadi, Kalbadevi, Mumbai-400020. Mumbai-400002 PAN No. AAACI1312A Appellant Respondent Revenue by : Mr. Rajeev K. Gubgotra, DR Assessee by : Mr. Bhupendra Shah, AR Date of Hearing : 16/04/2019 Date of pronouncement : 10/07/2019 ORDER PER N.K. PRADHAN, AM This is an appeal filed by the Revenue. The relevan…

I.T.O. - 20(2)(5), Mumbai vs. Smt. Pratima Ashar, Mumbai

Bench: Shri Ravish Sood & Shri N.K.Pradhani.T.O-20(2)(5) Smt. Pratima Ashar, Room No. 208, 2Nd Floor, 266, Anand Smriti, Piramal Chambers, Deodhar Road, Matunga, Vs. Lalbaug, Parel, Mumbai – 400 019 Mumbai-400 012 Pan – Adnpa7375A (Appellant) (Respondent)

…P a g e | 1 ITA No. 105/Mum/2018 A.Y. 2010-11 ITO-20(2)(5) Vs. Smt. Pratima Ashar IN THE INCOME TAX APPELLATE TRIBUNAL “C” Bench, Mumbai Before Shri Ravish Sood, Judicial Member and Shri N.K.Pradhan, Accountant Member I.T.O-20(2)(5) Smt. Pratima Ashar, Room No. 208, 2nd Floor, 266, Anand Smriti, Piramal Chambers, Deodhar Road, Matunga, Vs. Lalbaug, Parel, Mumbai – 400 019 Mumbai-400 012 PAN – ADNPA7375A (Appellant) (Respondent) Appellant by: Shri Abi Rama Kartikiyen, D.R Respondent by: Shri Bhupendra Shah, A.R Date of Hearing: 03.04.2019 Date of Pronouncement: 06.06.2019 O R D E R PER RAVISH SOOD, JM The pres…

DCIT 1(1)(2), Mumbai vs. Hardcastle & Waud Manufacturing Co. Ltd, Mumbai

In the result, the appeal by Revenue is partly allowed

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm)

…ngh Bhatti Vs. ITO (ITA No. 1101/Chd/2014)  Pyare Mohan Mathur HUF Vs. ITO (ITA No. 471/Agra/2009)  Adarsh Kumar Agarwal Vs. ACIT (ITA No. 66/Lkw/2014)  Saraswati Industrial Syndicate Ltd. Vs. CIT (237 ITR 1)  Jansampark Advertising and Marketing P. Ltd. (375 ITR 373) 12. We have heard both the counsel and perused the records. We find that learned Departmental Representative has pointed out that the valuation has not been obtained from a registered valuer. In this view of the matter, entire premise of learned CIT(A) that valuation has been done by the registered valuer and hence its veracity cannot be doubte…

Cable Corporation of India Ltd, Mumbai vs. DCIT Circle 2(1), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Amarjeet Singhassessment Year: 2010-11

…sion of additional ground before the appellate authority and not additional evidence. The said decision upheld the admission of additional ground by the Tribunal without any discretion and in a duty bound manner. The case law in CIT vs Jansampark Advertising (375 ITR 373) (Del) the facts of this case are not applicable to the facts of the present case. The question before the High Court was whether the Tribunal was correct in allowing the appeal of the assessee in respect of addition made on account of unexplained credit under section 68 of the Act. The observations of the Court were enumerated in Para 42. The ob…

ITO 3(3)2, Mumbai vs. Shamrock Pharmachemi P.Ltd, Mumbai

In the result appeal of the Revenue in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1774/Mum/2013 (नििाारण वर्ा / Assessment Year: 2009-10) बिाम/ Ito 3(3)2, M/S. Shamrock R.No. 602, Pharmachemi Pvt. Ltd., Aayakar Bhavan, 83E,Hansraj Pragi Bldg., V. M.K Road, Opp. Dr. E Moses Road, Mumbai 400020 Worli, Mumbai-400018 स्थायी ऱेखा सं./ Pan: Aaacs6290H (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. Ashim Kumar Modi (Cit- Dr), Shri V. Justin & Ms. Chaitna Ajaria Shri. Bharat L. Gandhi Assessee By: सुनवाई की तारीख /Date Of Hearing : 01.03.2019 घोषणा की तारीख /Date Of Pronouncement : 30.05.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 1774/Mum/2013, Is Directed Against Appellate Order Dated 29.10.2012, Passed By Learned Commissioner Of Income Tax (Appeals)-7, Mumbai (Hereinafter Called ―The Cit(A)‖) In Appeal Number Cit(A)-7/Ito-3(3)(2)/It-166/11-12, For Assessment Year 2009-10, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 29.12.2011 Passed By Learned Assessing Officer (Hereinafter Called ―The Ao‖) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called ―The Act‖) For Ay 2009-10. I.T.A. No.1774/Mum/2013

…learned CIT(A) are co- terminus with powers of the AO keeping in view provisions of Section 251(1)(a) of the 1961 Act. Reference is drawn to decision of Hon‘ble Delhi High Court in the case of CIT v. Jansampark Advertising and Marketing Private Limited (2015) 375 ITR 373(Delhi). Under these circumstances keeping in view factual matrix of the case, we are inclined to set aside and restore this issue to file of the AO for fresh adjudication. The assessee is directed to file confirmations from M/s Chikhloli Chemicals Private Limited and other relevant evidences/explanation in its defence before the AO for necessary…

ITO WD 1(1), Kalyan vs. Agarsen Mercatnile Trading P. Ltd, Bhiwandi

In the result, the appeal of the Revenue in ITA no

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3291/Mum/2017 (नििाारण वर्ा / Assessment Year : 2011-12) बिाम/ Income-Tax Officer M/S Avdharna Trading Ward 1(1) Private Limited 1St Floor, Mohan Plaza A9/A10, V. Wayale Nagar, Khadakpada Addl. Kalyan-Bhiwandi, Kalyan(West) Industrial Area Kalyan-421302 Village:Kon Bhiwandi-421302 स्थायी ऱेखा सं./ Pan: Aaica8411G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…the assessee during the course of assessment proceedings of non co-operating with the AO or should have directed the AO to do the same. The decision of Hon‟ble Delhi High Court in the case of CIT v. Jansampark Advertising and Marketing Private Limited (2015) 375 ITR 373(Delhi) is relevant. Under these circumstances, we are of the view that the appellate order of learned CIT(A) is clearly not sustainable in the eyes of law which we are inclined to set aside. We are of the considered view keeping in view facts and circumstances of the case that the matter need to be set aside to the file of the AO for framing fres…

ITO WD 1(1), Kalyan vs. Abhiroop Trading P.Ltd, Bhiwandi

In the result, the appeal of the Revenue in ITA no

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3291/Mum/2017 (नििाारण वर्ा / Assessment Year : 2011-12) बिाम/ Income-Tax Officer M/S Avdharna Trading Ward 1(1) Private Limited 1St Floor, Mohan Plaza A9/A10, V. Wayale Nagar, Khadakpada Addl. Kalyan-Bhiwandi, Kalyan(West) Industrial Area Kalyan-421302 Village:Kon Bhiwandi-421302 स्थायी ऱेखा सं./ Pan: Aaica8411G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…the assessee during the course of assessment proceedings of non co-operating with the AO or should have directed the AO to do the same. The decision of Hon‟ble Delhi High Court in the case of CIT v. Jansampark Advertising and Marketing Private Limited (2015) 375 ITR 373(Delhi) is relevant. Under these circumstances, we are of the view that the appellate order of learned CIT(A) is clearly not sustainable in the eyes of law which we are inclined to set aside. We are of the considered view keeping in view facts and circumstances of the case that the matter need to be set aside to the file of the AO for framing fres…

ITO WD 1(1), Kalyan vs. Avdharna Trading P.Ltd, Bhiwandi

In the result, the appeal of the Revenue in ITA no

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3291/Mum/2017 (नििाारण वर्ा / Assessment Year : 2011-12) बिाम/ Income-Tax Officer M/S Avdharna Trading Ward 1(1) Private Limited 1St Floor, Mohan Plaza A9/A10, V. Wayale Nagar, Khadakpada Addl. Kalyan-Bhiwandi, Kalyan(West) Industrial Area Kalyan-421302 Village:Kon Bhiwandi-421302 स्थायी ऱेखा सं./ Pan: Aaica8411G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…the assessee during the course of assessment proceedings of non co-operating with the AO or should have directed the AO to do the same. The decision of Hon‟ble Delhi High Court in the case of CIT v. Jansampark Advertising and Marketing Private Limited (2015) 375 ITR 373(Delhi) is relevant. Under these circumstances, we are of the view that the appellate order of learned CIT(A) is clearly not sustainable in the eyes of law which we are inclined to set aside. We are of the considered view keeping in view facts and circumstances of the case that the matter need to be set aside to the file of the AO for framing fres…