CIT v. M.P Scrap Dealers

17 SOT 574Income Tax Appellate Tribunal2007#10252 most cited

What is CIT v. M.P Scrap Dealers authority for?

An assessee who offers additional income during a survey operation is not bound by that offer if they later provide complete details of their trading activity and income during assessment proceedings, and in such cases, the additional income cannot be added.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2023.

Also referred to as

CIT v. M.P Scrap Dealers · survey operation · offer of additional income · retraction of offer · assessment proceedings · burden of proof · income tax authorities · 17 SOT 574 · Mumbai ITAT

Issues it is cited on

section 153(c)satisfaction noteregular assessmentsection 133asection 131section 153cincriminating materialsection 143(1)section 132section 143(2)personsection 143(3)

Judgments citing CIT v. M.P Scrap Dealers

Shri Gopal Soni, Bikaner vs. ACIT, Circle-1, Bikaner

In the result the appeal filed by the assessee is allowed

ITA 383/JODH/2018[2014-15]Status: DisposedITAT Jodhpur11 Aug 2023AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripoteshri Gopal Soni Prop Vs. The Acit, Circle – 1 Durga Silver Home Bikaner. Katla Chowk Nokha Rajasthan. Bikaner-334803, Rajasthan. Pan/Gir No. : Aemps5097M Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 11.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals), Bikaner Passed U/S 154 & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair, JCIT -DR
Section 115BSection 133ASection 143(1)Section 154Section 234CSection 69

…d earned to the extent of additional income offered by him pursuant to survey operation carried out at assessee's premises. We also draw strength from the decision of the Coordinate Bench of ITAT Mumbai Bench 'D' in the case of Jain Trading Co. Vs. ITO [20071 17 SOT 574 (MUM.) wherein it was held that "whether an assessee who makes an offer of additional income during course of an enquiry by income tax authorities is not bound by his offer of additional income for all time to come, and can retract from his offer by furnishing complete details of his trading activity and his income in course of assessment proceedi…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1194/MUM/2021[2018-19]Status: DisposedITAT Mumbai28 Apr 2022AY 2018-19

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

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…Others 4SCC 465 (Hon’ble SC) vi. CIT vs. Khader Khan Sons (2013) 352 ITR 480 (Hon’ble SC) vii. CIT vs. Ashok Kumar Jain (2014) 369 ITR 145 (Hon’ble HC) viii. CIT vs. M.P Scrap Dealers (2015) 372 ITR 507 (Hon’ble Gujarat HC) ix. Jain Trading Co vs. ITO (2007) 17 SOT 574 (Hon’ble ITAT, Mumbai) 6. However, the Ld. CIT(A) has dismissed the grounds challenging the action of AO in entering jurisdiction u/s 153(C) of the Act. According to CIT(A), the AO had recorded satisfaction and that in any case the assessee had participated in the assessment proceedings without raising any objections at the time of assessment pro…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1193/MUM/2021[2017-18]Status: DisposedITAT Mumbai28 Apr 2022AY 2017-18

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

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…Others 4SCC 465 (Hon’ble SC) vi. CIT vs. Khader Khan Sons (2013) 352 ITR 480 (Hon’ble SC) vii. CIT vs. Ashok Kumar Jain (2014) 369 ITR 145 (Hon’ble HC) viii. CIT vs. M.P Scrap Dealers (2015) 372 ITR 507 (Hon’ble Gujarat HC) ix. Jain Trading Co vs. ITO (2007) 17 SOT 574 (Hon’ble ITAT, Mumbai) 6. However, the Ld. CIT(A) has dismissed the grounds challenging the action of AO in entering jurisdiction u/s 153(C) of the Act. According to CIT(A), the AO had recorded satisfaction and that in any case the assessee had participated in the assessment proceedings without raising any objections at the time of assessment pro…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1192/MUM/2021[2016-17]Status: DisposedITAT Mumbai28 Apr 2022AY 2016-17

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

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…Others 4SCC 465 (Hon’ble SC) vi. CIT vs. Khader Khan Sons (2013) 352 ITR 480 (Hon’ble SC) vii. CIT vs. Ashok Kumar Jain (2014) 369 ITR 145 (Hon’ble HC) viii. CIT vs. M.P Scrap Dealers (2015) 372 ITR 507 (Hon’ble Gujarat HC) ix. Jain Trading Co vs. ITO (2007) 17 SOT 574 (Hon’ble ITAT, Mumbai) 6. However, the Ld. CIT(A) has dismissed the grounds challenging the action of AO in entering jurisdiction u/s 153(C) of the Act. According to CIT(A), the AO had recorded satisfaction and that in any case the assessee had participated in the assessment proceedings without raising any objections at the time of assessment pro…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1191/MUM/2021[2015-16]Status: DisposedITAT Mumbai28 Apr 2022AY 2015-16

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

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…Others 4SCC 465 (Hon’ble SC) vi. CIT vs. Khader Khan Sons (2013) 352 ITR 480 (Hon’ble SC) vii. CIT vs. Ashok Kumar Jain (2014) 369 ITR 145 (Hon’ble HC) viii. CIT vs. M.P Scrap Dealers (2015) 372 ITR 507 (Hon’ble Gujarat HC) ix. Jain Trading Co vs. ITO (2007) 17 SOT 574 (Hon’ble ITAT, Mumbai) 6. However, the Ld. CIT(A) has dismissed the grounds challenging the action of AO in entering jurisdiction u/s 153(C) of the Act. According to CIT(A), the AO had recorded satisfaction and that in any case the assessee had participated in the assessment proceedings without raising any objections at the time of assessment pro…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1190/MUM/2021[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

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

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…Others 4SCC 465 (Hon’ble SC) vi. CIT vs. Khader Khan Sons (2013) 352 ITR 480 (Hon’ble SC) vii. CIT vs. Ashok Kumar Jain (2014) 369 ITR 145 (Hon’ble HC) viii. CIT vs. M.P Scrap Dealers (2015) 372 ITR 507 (Hon’ble Gujarat HC) ix. Jain Trading Co vs. ITO (2007) 17 SOT 574 (Hon’ble ITAT, Mumbai) 6. However, the Ld. CIT(A) has dismissed the grounds challenging the action of AO in entering jurisdiction u/s 153(C) of the Act. According to CIT(A), the AO had recorded satisfaction and that in any case the assessee had participated in the assessment proceedings without raising any objections at the time of assessment pro…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1189/MUM/2021[2013-14]Status: DisposedITAT Mumbai28 Apr 2022AY 2013-14

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

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…Others 4SCC 465 (Hon’ble SC) vi. CIT vs. Khader Khan Sons (2013) 352 ITR 480 (Hon’ble SC) vii. CIT vs. Ashok Kumar Jain (2014) 369 ITR 145 (Hon’ble HC) viii. CIT vs. M.P Scrap Dealers (2015) 372 ITR 507 (Hon’ble Gujarat HC) ix. Jain Trading Co vs. ITO (2007) 17 SOT 574 (Hon’ble ITAT, Mumbai) 6. However, the Ld. CIT(A) has dismissed the grounds challenging the action of AO in entering jurisdiction u/s 153(C) of the Act. According to CIT(A), the AO had recorded satisfaction and that in any case the assessee had participated in the assessment proceedings without raising any objections at the time of assessment pro…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1188/MUM/2021[2012-13]Status: DisposedITAT Mumbai28 Apr 2022AY 2012-13

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

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…Others 4SCC 465 (Hon’ble SC) vi. CIT vs. Khader Khan Sons (2013) 352 ITR 480 (Hon’ble SC) vii. CIT vs. Ashok Kumar Jain (2014) 369 ITR 145 (Hon’ble HC) viii. CIT vs. M.P Scrap Dealers (2015) 372 ITR 507 (Hon’ble Gujarat HC) ix. Jain Trading Co vs. ITO (2007) 17 SOT 574 (Hon’ble ITAT, Mumbai) 6. However, the Ld. CIT(A) has dismissed the grounds challenging the action of AO in entering jurisdiction u/s 153(C) of the Act. According to CIT(A), the AO had recorded satisfaction and that in any case the assessee had participated in the assessment proceedings without raising any objections at the time of assessment pro…

Jypore Manufaturing Jewellers Pvt. Ltd., Jaipur vs. JCIT(OSD), Jaipur

In the result appeals filed by assessee are allowed and that of revenue are dismissed

ITA 304/JPR/2014[2009-10]Status: DisposedITAT Jaipur23 Jan 2020AY 2009-10
For Appellant: Shri S.L. Poddar, AdvocateFor Respondent: Shri B.K. Gupta, CIT -DR
Section 153ASection 153C

…erala 91 ITR 18 (Supreme Court) An admission is an important piece of evidence but it cannot be said that it is conclusive and it is open based on evidence for the person who made the admission to show that it is incorrect. (b) Jain Trading Co. v/s ITO (2007) 17 SOT 574 (MUM) Addition on the basis of admission made during survey retracted during assessment. An assessee offering additional 18 M/s. Jypore Manufacturing Jewellers (P) Ltd. vs. JCIT (OSD), Central Circle- 3 Jaipur . income during the course of survey is not bound by the said offer for all times to come ---- During survey assesses offered an addition…

Asst CIT 5(3)(2), Mumbai vs. World Trade Park Ltd, Jaipur

Accordingly, the ground raised by the revenue is dismissed

ITA 1665/MUM/2017[2010-11]Status: DisposedITAT Mumbai29 Nov 2019AY 2010-11

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 1665, 1666 & 1667/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2010-11 To 2012-13)

For Respondent: Shri Aseem Thakkar, AR
Section 133(6)Section 133ASection 143(3)Section 147Section 148

…of statement and therefore it is not sustainable in this regard, he relied on the following case law: 1. CIT vrs. S. Khadar Kahn (2012) 25 taxmen.com 413, 17 I.T.A. No. 1665, 1666 & 1667/Mum/2017 M/s World Trade Park Ltd 2. Jain Trading Co. Vrs. ITO (2007) 17 SOT 574 (Mum – Trib.) 3. D. S. Agencies & Associates Vrs. ACIT (2017) 82 taxmann.com 252 (Mum-Trib) 4. DCIT Vrs. Premsons (2010) 130 TTJ 159 (Mum- Trib) 14. Further he submitted that before making addition none of the books are rejected and in this regard, he relied on the decision of Hon’ble Supreme Court in the case of Sargam Cinema Vrs. CIT (2010) 328…

CIT v. M.P Scrap Dealers (17 SOT 574) — Cited in 10 Judgments | BharatTax