CIT v. M. M.Khambatbala

Procter & Gamble Hygiene and Health Care Ltd, Mumbai vs. CIT-Cir-8, Mumbai

The appeal of the assessee is dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2004-05 M/S Procter & Gamble Cit-8, Hygiene & Health Care, Aayakar Bhavan, बनाम/ P & G Plaza, Cardinal M.K. Road, Vs. Gracias Road, Chakala, Mumbai-400020 Andheri(E), Mumbai-400099 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.Aaacp6332M

…Ld. Commissioner invokes the revisional jurisdiction u/s 263 of the Act, he should get satisfied that the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue. Hon’ble Gujarat High Court in CIT vs M. M.Khambatbala 198 ITR 144 (Guj.) even went to the extent that revisional powers can be exercised even if the issue is debatable. The Hon’ble jurisdictional High Court in CIT vs Gabriel India Ltd. (1993) 203 ITR 108 (Bom.) concluded that powers u/s 263 cannot be exercised for starting fishing and roving enquiries. For making a valid order u/s 263(1), it is essential that t…

Kukreja Development Corporation, Mumbai vs. CIT Cen -2, Mumbai

In the result, the appeal of the assessee is dismissed

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am M/S Kukreja Development Corporation. Commissioner Of Income Tax 4Th & 5Th Floor, Sai Central-2, Mumbai Commercial Building, B.K.S. Vs. Devshi Marg, Govandi (E), Mumbai-400007 Pan No.Aabfk0411A Appellant .. Respondent Assessee By .. Shri.Naresh Kumar, Ar Revenue By .. Shri. R.P Meena, Cit Dr Date Of Hearing .. 22-12-2016 .. Date Of Pronouncement 22-12-2016 O R D E R Per Mahavir Singh, Jm:

…that before the Commissioner invokes the revisional jurisdiction u/s 263, he should be satisfied that the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue. Hon’ble Gujarat High Court in CIT vs M. M. Khambatbala 198 ITR 144 (Guj.) even went to the extent that revisional powers can be exercised even if the issue is debatable. Totality of facts, clearly indicates that the Ld. Commissioner justifiably invoked revisional jurisdiction as is oozing out from the facts available on record. It is further noted that in para 7 of the impugned order, certain direction with resp…

Estrela Batteries Ltd, Mumbai vs. Pr CIT 2, Mumbai

The appeal of the assessee is dismissed

…hat before the Commissioner invokes the revisional jurisdiction u/s 263 , he should get satisfied that the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue. Hon’ble Gujarat High Court in CIT vs M. M.Khambatbala 198 ITR 144 (Guj.) even went to the extent that revisional powers can be exercised even if the issue is debatable. Totality of facts, clearly indicates that the ld. Principal Commissioner justifiably invoked revisional jurisdiction as is oozing out from the facts available on record. We affirm the stand of the ld. Principal Commissioner as we find no infirmi…

Sarah Faisal Hawa, Mumbai vs. DCIT 17(3), Mumbai

In the result, all appeals of the assessee are allowed

Bench: Shri Rajendra (Am) & Shri Sandeep Gosain (Jm) "ी राजे"", लेखा सद"य, एवं "ी संदीप गोसा", "या"यक सद"य, के सम" । {Appeals Against Order U/S. 271(1)(C)} आयकर अपील सं.I.T.A. No. 4749/Mum/2013 "नधा"रण वष"(Assessment Year 2005-06)

…Officer made no enquiry at all to ascertain whether the Income received from letting out of the properties were assessable as income from business or as income from house property" Hon'ble Gujarat High Court In the case of C1T v. N.M. g) Khambhatwala [1992] 198 ITR 144 (Guj) held as under- "Powers can be exercised even if the issue is debatable. Revisional power under section 263 is not comparable with the power of rectification of mistake under section 154." In view of the above and facts and issues involved In the case of the assessee. I hold that there were no merits in the arguments put forth by the asses…

Sarah Faisal Hawa, Mumbai vs. DCIT 17(3), Mumbai

In the result, all appeals of the assessee are allowed

Bench: Shri Rajendra (Am) & Shri Sandeep Gosain (Jm) "ी राजे"", लेखा सद"य, एवं "ी संदीप गोसा", "या"यक सद"य, के सम" । {Appeals Against Order U/S. 271(1)(C)} आयकर अपील सं.I.T.A. No. 4749/Mum/2013 "नधा"रण वष"(Assessment Year 2005-06)

…Officer made no enquiry at all to ascertain whether the Income received from letting out of the properties were assessable as income from business or as income from house property" Hon'ble Gujarat High Court In the case of C1T v. N.M. g) Khambhatwala [1992] 198 ITR 144 (Guj) held as under- "Powers can be exercised even if the issue is debatable. Revisional power under section 263 is not comparable with the power of rectification of mistake under section 154." In view of the above and facts and issues involved In the case of the assessee. I hold that there were no merits in the arguments put forth by the asses…

Sarah Faisal Hawa, Mumbai vs. DCIT 17(3), Mumbai

In the result, all appeals of the assessee are allowed

Bench: Shri Rajendra (Am) & Shri Sandeep Gosain (Jm) "ी राजे"", लेखा सद"य, एवं "ी संदीप गोसा", "या"यक सद"य, के सम" । {Appeals Against Order U/S. 271(1)(C)} आयकर अपील सं.I.T.A. No. 4749/Mum/2013 "नधा"रण वष"(Assessment Year 2005-06)

…Officer made no enquiry at all to ascertain whether the Income received from letting out of the properties were assessable as income from business or as income from house property" Hon'ble Gujarat High Court In the case of C1T v. N.M. g) Khambhatwala [1992] 198 ITR 144 (Guj) held as under- "Powers can be exercised even if the issue is debatable. Revisional power under section 263 is not comparable with the power of rectification of mistake under section 154." In view of the above and facts and issues involved In the case of the assessee. I hold that there were no merits in the arguments put forth by the asses…