CIT v. Kabul Chawla

380 ITR 573High Court2016#3 most cited

What is CIT v. Kabul Chawla authority for?

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

3,235

judgments rely on this decision, according to BharatTax’s citation analysis of 367,842 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Kabul Chawla · Kabul Chawla · section 153A · section 132 · incriminating material · search assessment · non-abated years · scope of assessment · additions · undisclosed income

Also reported as

61 Taxmann.com 412234 Taxmann 300281 CTR 45

Sections most often in play

Section 153ASection 132Section 143(3)Section 147Section 148Section 153CSection 132ASection 143(2)
Read the full judgment

Issues it is cited on

section 158bcstatement under section 132(4)section 132asection 158bblock periodsection 132(1)section 153a(1)section 158section 153bsearch assessmentpanchnamaincriminating material

Judgments citing CIT v. Kabul Chawla

K. Narsimha, New Delhi vs. ACIT, Central Circle- 3, New Delhi

In the result, the appeal in ITA No

ITA 2408/DEL/2018[2002-03]Status: DisposedITAT Delhi04 May 2022AY 2002-03

Bench: Sh. A. D. Jaindr. B. R. R. Kumar

For Appellant: Sh. P. Roychaudhuri, AdvFor Respondent: Sh. Manvendra Goyal, CIT DR &
Section 131Section 153ASection 263

…seizure of incriminating material which led to the addition. The search was conducted on 20.10.2006 and hence the A.Y. 2001-02 cannot be treated as abated assessments. On this issue, reliance is placed on the following case laws:  CIT v. Kabul Chawla (2016] 380 ITR 573  Pr. CIT vs. Meeta Gutgutia (2017) 395 ITR 526  All Cargo Global Logistics Limited Vs. DCIT 18 ITR 106  ACIT, Central Circle-16, New Delhi vs. Vinita Chaurasia, ITA No. 5957/DEL/2015 dated 05.10.2018,  ACIT, Central Circle-4, New Delhi vs. M/s. Moolchand Steels Pvt. Ltd. in dated 10.10.2018 etc. ITA Nos. 8283 8284/Del/2019 K. Narsimha 12. The…

K. Narsimha, New Delhi vs. ACIT, Central Circle- 3, New Delhi

In the result, the appeal in ITA No

ITA 2407/DEL/2018[2001-02]Status: DisposedITAT Delhi04 May 2022AY 2001-02

Bench: Sh. A. D. Jaindr. B. R. R. Kumar

For Appellant: Sh. P. Roychaudhuri, AdvFor Respondent: Sh. Manvendra Goyal, CIT DR &
Section 131Section 153ASection 263

…seizure of incriminating material which led to the addition. The search was conducted on 20.10.2006 and hence the A.Y. 2001-02 cannot be treated as abated assessments. On this issue, reliance is placed on the following case laws:  CIT v. Kabul Chawla (2016] 380 ITR 573  Pr. CIT vs. Meeta Gutgutia (2017) 395 ITR 526  All Cargo Global Logistics Limited Vs. DCIT 18 ITR 106  ACIT, Central Circle-16, New Delhi vs. Vinita Chaurasia, ITA No. 5957/DEL/2015 dated 05.10.2018,  ACIT, Central Circle-4, New Delhi vs. M/s. Moolchand Steels Pvt. Ltd. in dated 10.10.2018 etc. ITA Nos. 8283 8284/Del/2019 K. Narsimha 12. The…

Pr. Commissioner of Income Tax (Central)-2 vs. S.S. Con Build Pvt. Ltd

Appeal is dismissed being covered by the judgment passed by the

ITA/132/2022HC Delhi28 Apr 2022

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 153ASection 68

…d Judgement. NEUTRAL CITATION NO: 2022/DHC/001611 ITA 132/2022 Page 2 of 2 3. Learned counsel for the Appellant further states that the ITAT has erred in placing reliance upon the judgment of this Court in Commissioner of Income Tax vs. Kabul Chawla, (2016) 380 ITR 573 wherein it was held that in the absence of any incriminating material, the Assessing Officer cannot re-apprise and review the assessments already completed and settled before the date of search under Section 153A of the Act. 4. He states that the Revenue has not accepted the judgment of this Court in Commissioner of Income Tax vs. Kabul Chawla (s…

The ACIT, Central Circle-1(2)., Ahmedabad vs. Pawan Satynarayan Jalan, Ahmedabad

In the result appeal of the Revenue is partly allowed

ITA 204/AHD/2021[2019-20]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2019-20

Bench: Shri Waseem Ahmed & Ms Madhumita Roy

For Appellant: Shri Chetan Agarwal, A.R
Section 132Section 132(1)Section 153ASection 153BSection 153CSection 158B

…e searched group which directly belong to the concerned assessee. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has misinterpreted and extrapolated the judgment of Hon'ble Delhi High Court in the case of CIT Vs. Kabul Chawla, 380 ITR 573 (Del) as this judgment lays the principle that an assessment has to be made under this section only on the basis of seized material and the assessment cannot be arbitrary. This decision also nowhere states that addition u/s 153A can only be made if incriminating material is found during search from the premises of the concerned assessee. 3.1. On…

Pawan Satynarayan Jalan, Ahmedabad vs. The ACIT, Central Circle-1(2)., Ahmedabad

In the result appeal of the Revenue is partly allowed

ITA 182/AHD/2021[2019-20]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2019-20

Bench: Shri Waseem Ahmed & Ms Madhumita Roy

For Appellant: Shri Chetan Agarwal, A.R
Section 132Section 132(1)Section 153ASection 153BSection 153CSection 158B

…e searched group which directly belong to the concerned assessee. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has misinterpreted and extrapolated the judgment of Hon'ble Delhi High Court in the case of CIT Vs. Kabul Chawla, 380 ITR 573 (Del) as this judgment lays the principle that an assessment has to be made under this section only on the basis of seized material and the assessment cannot be arbitrary. This decision also nowhere states that addition u/s 153A can only be made if incriminating material is found during search from the premises of the concerned assessee. 3.1. On…

M/S. Podar Literacy and Education Trust, Bangalore vs. Dy CIT, CC--1(4), Mumbai

In the result, appeal of the assessee is allowed

ITA 1293/MUM/2021[2014-15]Status: DisposedITAT Mumbai25 Apr 2022AY 2014-15
Section 10Section 12ASection 132(1)Section 143(1)Section 143(3)Section 153A

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER M/s. Podar Literacy and Vs. DCIT, Central Circle-1(4) Education Trust Room No.902, Pratishtha 103/1, Basavanapura Bhavan, Off. Basavanapura Road Mumbai – 400 020 Bangalore – 560 083 PAN/GIR No.AAATP9197P (Appellant) .. (Respondent) Assessee by Shri Siddharth Kothari & Ms. Tejal Saraf Revenue by Shri Sunil A Umap Date of Hearing 20/04/2022 Date of Pronouncement 25/04/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.1293/Mum/2021 for A.Y.2014-15 ar…

DCIT, CC-5(4), Mumbai vs. Shri Rajenderkumar Miglani, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 2925/MUM/2019[2010-11]Status: DisposedITAT Mumbai25 Apr 2022AY 2010-11

Bench: Shri Amarjit Singh, Jm & S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 2925/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Dcit, Central Circle-5(4) बिधम/ Rajindrakumar Miglani Room No.1927, 19Th Floor, Uttam House, 69, P „Dmello Vs. Air India Building, Nariman Road, Carnac Bunder, Point, Mumbai-400021. Mumbai-400009. & Cross Objection No.20/Mum/2021 आयकर अपील सं/ I.T.A. No. 2925/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Rajindrakumar Miglani बिधम/ Dcit, Central Circle-5(4) Room No.1927, 19Th Floor, Uttam House, 69, P „Dmello Vs. Road, Carnac Bunder, Air India Building, Nariman Mumbai-400009. Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpm7288D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Sanjeev Kashyp (Dr) Assessee By: Shri K Shivaram & Rahul Hakani सुनवाई की तारीख / Date Of Hearing: 30/03/2022 घोषणा की तारीख /Date Of Pronouncement: 25/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 25.02.2019 Passed By The Commissioner Of Income Tax (Appeals)-53, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11. C.O. No.20/Mum2021 A.Y.2010-11

For Appellant: Shri K Shivaram & Rahul HakaniFor Respondent: Shri Sanjeev Kashyp (DR)
Section 132Section 143(1)Section 143(2)Section 143(3)Section 153A

…om 271 (Guj.), CIT v. Deepak Kumar Agarwa2017} 86 taxmann.com 3/251 Taxman 22/398 ITR 586 (Bom.), CIT v. Gurinder Singh Bawaj2016] 386 ITR 483/[{2017] 79 taxmann.com 398 (Bom.} and decision of Hon'ble Dethi High Court im the case of CIT v. Kabul Chawla [2016] 380 ITR 573/234 Taxmann 300/61 taxmann.com.412. 6 C.O. No.20/Mum2021 A.Y.2010-11 In the case of CIT v. Gurinder Singh Bawa the Hon’ble Bombay High Court noted and made reference to its earlier decision in the case of CIT v. Continentat Warehousing Corporation (Nhava Sheva) Ltd. [2015} 374 ITR 645/58 taxmann.com 78/232 Taxman 270 (Bom.) upholding the view of…

M/S P. Shyamaraju & Co.(I) Pvt. Ltd., Bangalore vs. ACIT, Bangalore

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

ITA 984/BANG/2014[2005-06]Status: DisposedITAT Bangalore25 Apr 2022AY 2005-06

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

M/S P. Shyamaraju & Co.(I) Pvt. Ltd., Bangalore vs. DCIT, Bangalore

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

ITA 982/BANG/2014[2004-05]Status: DisposedITAT Bangalore25 Apr 2022AY 2004-05

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

P. Shyamaraju & Co.(I) Pvt. Ltd., Bangalore vs. DCIT, Central Circle-2(2), Bangalore

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

ITA 980/BANG/2014[2003-04]Status: FixedITAT Bangalore25 Apr 2022AY 2003-04

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

M/S P. Shyamaraju & Co.(I) Pvt. Ltd., Bangalore vs. DCIT, Bangalore

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

ITA 979/BANG/2014[2002-03]Status: DisposedITAT Bangalore25 Apr 2022AY 2002-03

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

M/S P. Shyamaraju & Co (I) Pvt. Ltd., Bangalore vs. DCIT, Bangalore

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

ITA 978/BANG/2014[2001-02]Status: DisposedITAT Bangalore25 Apr 2022AY 2001-02

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

Asst.C.I.T., Bangalore vs. M/S Shyamaraju & Co India Pvt. Ltd., Bangalore

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

ITA 944/BANG/2014[2005-06]Status: DisposedITAT Bangalore25 Apr 2022AY 2005-06

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

Asst.C.I.T., Bangalore vs. M/S Shyamaraju & Co India Pvt. Ltd., Bangalore

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

ITA 943/BANG/2014[2004-05]Status: DisposedITAT Bangalore25 Apr 2022AY 2004-05

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

Asst.C.I.T., Bangalore vs. M/S Shyamaraju & Co India Pvt. Ltd., Bangalore

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

ITA 942/BANG/2014[2003-04]Status: DisposedITAT Bangalore25 Apr 2022AY 2003-04

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

Asst.C.I.T., Bangalore vs. M/S Shyamaraju & Co India Pvt. Ltd., Bangalore

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

ITA 941/BANG/2014[2002-03]Status: DisposedITAT Bangalore25 Apr 2022AY 2002-03

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Sri.Sri.Dilip, Standing Counsel for Department
Section 132Section 143(3)Section 153ASection 153CSection 154Section 292C

…urbed without there being any basis for doing so which is impermissible in law. Even in case of a searched person, the same reason would hold good…………………..” 6.1 The judgment of the Hon’ble Delhi High Court in the case of CIT v. Kabul Chawla reported in (2016) 380 ITR 573 (Delhi) had summarized the legal position as regards assessment u/s 153A of the Act, as follows:- "37. On a conspectus of Section. 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132…

D' Decor Exports P. Ltd., Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1057/MUM/2021[2015-16]Status: DisposedITAT Mumbai22 Apr 2022AY 2015-16

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…recorded on the issue of receiving cash on sale of machinery. The appellant has relied upon the decisions in the case of CIT vs Continental Warehousing Corporation [374 1TR 645 Bom], Manjula Mangalpabhat Lodha vs DCIT [ITA 3465/Mum/2015], CIT v. Kabul Chawla [380 ITR 573 (Del)], Suncity Alloys (P) Ltd. v. ACIT [124 TTJ 674 (Jod)], Atithi N. Patel [ITA NO: 43/Mum/2010], Saf Yeast Co. Pvt. Ltd. v ACIT {ITA 1074/PN/2007], B.R. Machine Tools P. Ltd. v ACIT {ITA 4174 to 4177/Mum/2013], Gurinder Singh Bawa [ITA No. 2075/Mum/2010], Raksha Chhadwa v ACIT {ITA no. 8576 & 8577/Mum/2010] ands Monoplan Securities Pvt. Ltd. v…

D' Decor Exports P.L Td, Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1056/MUM/2021[2016-17]Status: DisposedITAT Mumbai22 Apr 2022AY 2016-17

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…recorded on the issue of receiving cash on sale of machinery. The appellant has relied upon the decisions in the case of CIT vs Continental Warehousing Corporation [374 1TR 645 Bom], Manjula Mangalpabhat Lodha vs DCIT [ITA 3465/Mum/2015], CIT v. Kabul Chawla [380 ITR 573 (Del)], Suncity Alloys (P) Ltd. v. ACIT [124 TTJ 674 (Jod)], Atithi N. Patel [ITA NO: 43/Mum/2010], Saf Yeast Co. Pvt. Ltd. v ACIT {ITA 1074/PN/2007], B.R. Machine Tools P. Ltd. v ACIT {ITA 4174 to 4177/Mum/2013], Gurinder Singh Bawa [ITA No. 2075/Mum/2010], Raksha Chhadwa v ACIT {ITA no. 8576 & 8577/Mum/2010] ands Monoplan Securities Pvt. Ltd. v…

D' Decor Exports P. Ltd., Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1055/MUM/2021[2017-18]Status: DisposedITAT Mumbai22 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…recorded on the issue of receiving cash on sale of machinery. The appellant has relied upon the decisions in the case of CIT vs Continental Warehousing Corporation [374 1TR 645 Bom], Manjula Mangalpabhat Lodha vs DCIT [ITA 3465/Mum/2015], CIT v. Kabul Chawla [380 ITR 573 (Del)], Suncity Alloys (P) Ltd. v. ACIT [124 TTJ 674 (Jod)], Atithi N. Patel [ITA NO: 43/Mum/2010], Saf Yeast Co. Pvt. Ltd. v ACIT {ITA 1074/PN/2007], B.R. Machine Tools P. Ltd. v ACIT {ITA 4174 to 4177/Mum/2013], Gurinder Singh Bawa [ITA No. 2075/Mum/2010], Raksha Chhadwa v ACIT {ITA no. 8576 & 8577/Mum/2010] ands Monoplan Securities Pvt. Ltd. v…

D' Decor Exports P. Ltd., Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1053/MUM/2021[2012-13]Status: DisposedITAT Mumbai22 Apr 2022AY 2012-13

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap
Section 127(2)Section 143(1)Section 143(2)Section 153A

…recorded on the issue of receiving cash on sale of machinery. The appellant has relied upon the decisions in the case of CIT vs Continental Warehousing Corporation [374 1TR 645 Bom], Manjula Mangalpabhat Lodha vs DCIT [ITA 3465/Mum/2015], CIT v. Kabul Chawla [380 ITR 573 (Del)], Suncity Alloys (P) Ltd. v. ACIT [124 TTJ 674 (Jod)], Atithi N. Patel [ITA NO: 43/Mum/2010], Saf Yeast Co. Pvt. Ltd. v ACIT {ITA 1074/PN/2007], B.R. Machine Tools P. Ltd. v ACIT {ITA 4174 to 4177/Mum/2013], Gurinder Singh Bawa [ITA No. 2075/Mum/2010], Raksha Chhadwa v ACIT {ITA no. 8576 & 8577/Mum/2010] ands Monoplan Securities Pvt. Ltd. v…