The Azad Nagar, Cooperative Housing, Society Ltd, Mumbai vs. CIT 21, Mumbai
In the result, the appeals filed by the Assessee are dismissed
ITA 3881/MUM/2014[2004-05]Status: DisposedITAT Mumbai28 Sept 2016AY 2004-05
Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05
Section 143(3)Section 147Section 263Section 50C
…was held that powers u/s 263 of the Act, shall extend to such matters as had not been considered and decided in any appeal. He also drew our attention upon the decision of Hon’ble Andhra Pradesh High Court in the case of CIT v. New Srinivasa Construction Co. 236 ITR 503, wherein following the aforesaid judgment of Hon’ble Supreme Court, Hon’ble Andhra Pradesh High Court laid down the principle that the untouched part of the assessment order, which did not fall for consideration before the CIT(A), was still open for revision u/s 263 of the Act before the CIT. 3.17. Under these circumstances and facts of the case…