CIT v. Nirma Chemical Works Ltd.

309 ITR 67High Court2009#671 most cited

What is CIT v. Nirma Chemical Works Ltd. authority for?

An assessment order is not erroneous or prejudicial under Section 263 merely because it is silent on a claim or lacks explicit reasons for its acceptance. Revision under Section 263 is impermissible if the Assessing Officer has taken a plausible view, even if the PCIT holds a different opinion.

149

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Nirma Chemical Works · section 263 · section 143(3) · assessment order erroneous · prejudicial to revenue · revision u/s 263 · lack of inquiry · silence of assessment order · AO's plausible view · Malabar Industrial Co. Ltd.

Also reported as

182 Taxmann 183

Sections most often in play

Section 263Section 143(3)Section 142(1)Section 139(1)Section 153ASection 131Section 132Section 143

Issues it is cited on

section 263(1)malabar industrialassessment order erroneousrevision u/s 263erroneous and prejudiciallack of enquirykelvinatorsection 263section 26revenue expendituresection 254(1)capital expenditure

Judgments citing CIT v. Nirma Chemical Works Ltd.

Ayoki Fabricon Pvt. Ltd., Pune vs. Deputy Commissioner of Income-Tax

In the result, the appeal of the assessee is allowed

ITA 2155/PUN/2016[2009-10]Status: DisposedITAT Pune31 Dec 2018AY 2009-10

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.2155/Pun/2016 िनधा"रण वष" / Assessment Year : 2009-10 Ayoki Fabricon Pvt. Ltd., 137 To 139, Akshay Complex, Dhole Patil Road, Pune. Pan : Aabca5780F .......अपीलाथ" / Appellant बनाम / V/S. Dcit, Circle- 1(1), ……""यथ" / Respondent Pune. Assessee By : Shri Nikhil Pathak & Shri Nimit Gujarathi Revenue By : Shri Yogesh Kamat, Addl.Cit सुनवाई क" तारीख / Date Of Hearing : 20.12.2018 घोषणा क" तारीख / Date Of Pronouncement : 31.12.2019 आदेश / Order Per D. Karunakara Rao, Am : This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-1, Pune Dated 14.06.2016 For The Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under :- “1. The Learned Cit(A) Erred In Confirming The Disallowance Of Additional Depreciation Of Rs.1,10,53,748/- U/S 32(1)(Iia) On New Plant & Machinery On The Ground That The Assessee Was Not Engaged In The Business Of Manufacture Or Production Of Any Article Or Thing. 2. The Learned Cit(A) Erred In Ignoring The Fact That – I) The Details Furnished To The Assessing Officer By The Assessee During The Assessment Proceedings U/S 143(3) R.W.S. 147 Were Same As Were Furnished During The Assessment Proceedings U/S 143(3) & Therefore.

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Yogesh Kamat, Addl.CIT
Section 143(3)Section 148Section 271(1)(c)Section 32Section 32(1)(iia)

…ssment order. It is an accepted position that the assessment orders would necessarily deal only with the claims being disallowed and not with the claims being allowed. This is for the reason as observed by the Gujarat High Court in CIT Vs. Nirma Chemicals Ltd 309 ITR 67, that if the Assessing Officer was to deal with all the claims which were to be allowed in the assessment order, the result would be an epictome. This is so, as it would cast an impossible burden upon the Assessing Officer considering his workload and the period of limitation. There was also no reason in the present facts for the Assessing Officer…

Nuwave Esolutions Pvt. Ltd., New Delhi vs. CIT, New Delhi

The appeal of the assessee is allowed

ITA 3231/DEL/2013[2007-08]Status: DisposedITAT Delhi27 Dec 2018AY 2007-08

Bench: Shri G. D. Agrawal & Ms Suchitra Kamblenuwave Esolutions Pvt. Ltd. Vs Cit(A) 3Rd Floor, District Centre, Delhi-V Dda Building, Nehru Place New Delhi New Delhi Aabcn5790Q (Respondent) (Appellant)

Section 10Section 10ASection 143(3)Section 148Section 263Section 40Section 92

…ed with the appellate order and revisional jurisdiction of the CIT cannot be exercised in respect of the said issue in view of Explanation (c) to Section 263:- i. Ranka Jewellers Vs. Addl. CIT(A) 328 ITR 148 (Bom) ii. CIT(A) Vs. Nirma Chemicals Works (P) Ltd. 309 ITR 67 (Guj) iii. Marical Industries Ltd. Vs. Asstt. CIT(A) (2008) 5 DTR 263. iv. Sadhu Ram & Sons Vs. Commissioner of Income Tax & Anr. (2007) 108 TTJ (Asr) 373. v. Sonal Garments vs Jt. CIT 95 ITD 363(Mum) (2005) vi. Saw Pipes Ltd vs Add. CIT 94 TTJ 1036(Del) vii. Hoogly Mills vs ACIT 71 ITD 264 (Cal) viii. Sahara India Mutual vs CIT 74 TTJ 67 (All) ix…

M/S. Lord Krishna Dwellers (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the appeals of the assessee in ITA No

ITA 2403/DEL/2014[2007-08]Status: DisposedITAT Delhi17 Dec 2018AY 2007-08

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2006-07] & [Assessment Year: 2007-08]

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT(A)-DR
Section 132Section 143Section 143(3)Section 153ASection 40A(3)

…s assumed that he has gone through the contents of those documents and has verified the same. It may be that the assessment framed u/s 143(3) of the Act is silent on this aspect but as held by the Hon'ble Gujarat High Court in the case of Nirma Chemical Works 309 ITR 67 that if the assessment order were to incorporate reasons for upholding the claim made by an assessee, result would be an epitome and not an assessment order. 10. For the sake of conclusiveness, we have examined each and every sale deed which was filed by the Revenue in its paper book with details of transaction filed by the assessee during the co…

M/S. Lord Krishna Dwellers (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the appeals of the assessee in ITA No

ITA 5294/DEL/2013[2006-07]Status: DisposedITAT Delhi17 Dec 2018AY 2006-07

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2006-07] & [Assessment Year: 2007-08]

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT(A)-DR
Section 132Section 143Section 143(3)Section 153ASection 40A(3)

…s assumed that he has gone through the contents of those documents and has verified the same. It may be that the assessment framed u/s 143(3) of the Act is silent on this aspect but as held by the Hon'ble Gujarat High Court in the case of Nirma Chemical Works 309 ITR 67 that if the assessment order were to incorporate reasons for upholding the claim made by an assessee, result would be an epitome and not an assessment order. 10. For the sake of conclusiveness, we have examined each and every sale deed which was filed by the Revenue in its paper book with details of transaction filed by the assessee during the co…

Motiwala & Sons, New Delhi vs. Pr.CIT- 17, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2756/DEL/2018[2013-14]Status: DisposedITAT Delhi29 Nov 2018AY 2013-14

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

For Appellant: Shri Ved Jain, AdvFor Respondent: Shri Raja Ram Sah, CIT- DR
Section 133ASection 143(3)Section 263

…amining these details, the Assessing Officer was convinced with the returned income of the assessee and accepted the same as such while framing the assessment order u/s 143(3) of the Act. 20. The Hon'ble Gujarat High Court in the case of Nirma Chemical Works 309 ITR 67 has observed that if the assessment order were to incorporate reasons for upholding the claim made by an assessee, result would be an epitome and not an assessment order. 21. The Bombay High Court in the case of CIT Vs. Gabriel India Ltd 203 ITR 108 has held that the decision of the ITO cannot be held to be erroneous simply because in his order h…

Celebi Delhi Cargo Management India Pvt. Ltd., New Delhi vs. Pr. CIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 3182/DEL/2016[2011-12]Status: DisposedITAT Delhi23 Oct 2018AY 2011-12

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary[Assessment Year: 2011-12] M/S Celebi Delhi Cargo Management Vs. The Pr.C.I.T India Pvt. Ltd New Delhi R. No. 23, Import Building - 3 International Cargo Terminal Igi Airport, New Delhi Pan : Aadcc 6885 B [Appellant] [Respondent]

For Appellant: Shri Ronak Doshi, CAFor Respondent: Ms. Rachna Singh, CIT- DR
Section 142(1)Section 143(3)Section 263Section 801ASection 80I

…provisions of section 263 of the Act were not applicable to the instant case and, therefore, the commissioner was not justified in setting aside the assessment order.” 16 22. The Hon'ble High Court of Gujarat in the case of CIT vs. Nirma Chemical Works Ltd. 309 ITR 67 has observed as under: “if assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing . A.Y. 2009-10 Officer issued a query memo to the assessee, calling upon h…

Shri Chimanlal H. Soni, Baroda vs. The CIT-I, Baroda

In the result, the appeal is allowed

ITA 1514/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad23 Apr 2018AY 2009-10
Section 143Section 143(3)Section 145Section 263

…r the reason that, in the esteemed opinion of Hon’ble Gujarat High Court, the absence of detailed discussions in the body of the assessment order does not imply that the Assessing Officer has not applied his mind – CIT Vs. Nirma Chemical Works Pvt Ltd [(2009) 309 ITR 67 (Guj.)]. In fact, Hon’ble Gujarat High Court has observed that “an assessment order cannot incorporate reasons for making/granting a claim…. if it does so, an assessment order will cease to be an order and become an epic….”. When such are the views of Their Lordship, it can be safely assumed that absence of a specific discussion about reasons of a…

Dolphin Pramoters and Builders, Raipur vs. C.I.T-1, Raipur

Appeals are dismissed

ITA 76/BIL/2015[2010-11]Status: DisposedITAT Raipur08 Mar 2018AY 2010-11

Bench: Shri N.K. Billaiya & Shri Ram Lal Negi)

For Appellant: Shri R. B. Doshi, C.AFor Respondent: Shri P.K. Mishra, D.R
Section 143(3)Section 263Section 36Section 80I

…not open to enquire in case of inadequate inquiry. Our 8 . A.Y. 2010-11 view is fortified by the decision of Hon’ble High Court of Bombay in the case of Nirav Modi, 71 taxmann.com 272. 13. The Hon’ble High Court of Gujarat in CIT vs. Nirma Chemical Works Ltd. 309 ITR 67 has observed that if assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memo to the assessee, calling upon him to justify the genu…

Standard Chartered Masterbrand Licesing Ltd, Palghar vs. CIT (It)-4, Mumbai

ITA 3325/MUM/2016[2010-11]Status: DisposedITAT Mumbai03 Nov 2017AY 2010-11
For Appellant: S/Shri Kanchun Kaushal/Dhanesh Bafna/Aliasger Rampurawala/Pratik ShahFor Respondent: Shri Samuel Darse-DR
Section 115Section 115ASection 115A(1)(b)Section 143(3)Section 254(1)Section 263Section 285A

…see has not been able to satisfy him and give 3325/M/16-Standard Chartered Masterbrand Licensing Ltd. reasons for his conclusion,that it would enable the assessee to challenge the same,if aggrieve -ed.Hon’ble Gujarat High Court in Nirma Chemical Works Ltd. (309 ITR 67)has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee,the result would be an epic tome and not an assessment order. In light of the above discussion,it can safely be held that it is only in cases where the evidence produced gives rise to suspicion about their veracity that further scr…

M/S Ab (Wines) Stores, Kolkata vs. PCIT, Kolkata-14, Kolkata

In the result, the appeal of the assessee is allowed

ITA 901/KOL/2016[2011-2012]Status: DisposedITAT Kolkata07 Jul 2017AY 2011-2012

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.901/Kol/2016 Assessment Year : 2011-12 M/S. Ab (Wines) Stores -Vs.- Pr. C.I.T., Kolkata-14 Kolkata Kolkata [Pan : Aajfa 6312 L] (Respondent) (Appellant) For The Appellant : Shri S.K.Tulsiyan, Advocate For The Respondent : Shri R.S.Biswas, Cit Date Of Hearing : 15.06.2017. Date Of Pronouncement : 07.07.2017 Order

For Appellant: Shri S.K.Tulsiyan, AdvocateFor Respondent: Shri R.S.Biswas, CIT
Section 133(6)Section 143(3)Section 263Section 40A(3)

…ly those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd.[2009] 309 ITR 67 (Guj) has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer 9 10 M/s. AB (Wines) Stores A.Yr.2011-12 issued a query memos t…

Dci India Ltd., Kolkata vs. DCIT, Cir-10(1) Kolkata, Kolkata

In the result, the appeal of the assessee is allowed

ITA 126/KOL/2017[2010-2011]Status: DisposedITAT Kolkata05 Apr 2017AY 2010-2011

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T. A.No. 126 /Kol/2017 Assessment Years: 2010-11 Dic India Ltd. Dcit, Cir-10(1), Kolkata -Vs- [Pan :Aabbcc0703C] (Appellant) (Respondent) For The Appellant Sri D. S. Damle, Fca Sri G. Mallikarjuna, Cit, Dr. For The Respondent Date Of Hearing 22.03.2017 Date Of Pronouncement 05.04.2017

Section 143(3)Section 144CSection 263Section 92E

…those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would. enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67/182 Taxman 183 has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would. be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memos to the assessee, calling upon him…

Sri. H. Nagaraja, Bangalore vs. CIT, Bangalore

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

ITA 613/BANG/2014[2008-09]Status: DisposedITAT Bangalore17 Mar 2017AY 2008-09

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

For Appellant: Shri M.V.Seshachala, AdvocateFor Respondent: Ms. Neera Malhotra, CIT(DR)
Section 139Section 143(3)Section 153ASection 263Section 40A(3)

…y those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67/182 Taxman 183 has observed that if an assessment order were to incorporate the reasons for ITA Nos.613 & 614/Bang/2014 Page 39 of 41 upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a quer…

Bses Rajdhani Power Ltd., New Delhi vs. Pr.CIT, New Delhi

In the result, impugned order dated 31

ITA 2193/DEL/2016[2010-11]Status: DisposedITAT Delhi16 Dec 2016AY 2010-11

Bench: Shri C.M. Garg & Shri Anadi N Mishra

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri Ramesh Chander, CIT DR
Section 143(3)Section 194Section 263

…FIT For PUBLICATION (AM) (JM) INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”: NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI ANADI N MISHRA, ACCOUNTANT MEMBER ITA No.:- 2193/Del/2016 Assessment Year: 2010-11 BSES Rajdhani Power Ltd. Pr. CIT BSES Bhawan, Nehru Place, Delhi-02 Vs. New Delhi – 110 019 New Delhi PAN AAGCS3187H (Appellant) (Respondent) Assessee by : Shri Ajay Vohra, Sr. Advocate Shri Rohit Jain, Adv Ms. Deepashree Rao CA Department by: Shri Ramesh Chander, CIT DR Date of Hearing 25/10/2016 Date of pronouncement 16/12/2016 O R D E R Per ANADI N MISHRA, A.M. (A). This appeal filed by the…

Sh. Devender Kumar Aggarwal, New Delhi vs. CIT, New Delhi

In the result appeal of the assessee is allowed

ITA 3104/DEL/2014[2009-10]Status: DisposedITAT Delhi25 Oct 2016AY 2009-10

Bench: Shri C.M.Garg & Shri Prashant Maharishidevender Kumar Aggarwal, Cit 1533, Ranu Bagh, New Delhi Delhi-Ix, New Delhi Vs. Pan:Aaapa1974F (Appellant) (Respondent)

For Appellant: Sh. Satish Khosla, AdvFor Respondent: Ms. Mitali Madhusmita, CIT DR
Section 143Section 263Section 54Section 54E

…it must be presumed that the officer was satisfied before Page 6 of 11 allowing the claim and there is no need to discuss the matter in his assessment order. As observed by the Gujarat High Court in the matter of CIT v. Nirma Chemicals Works (P.) Ltd. [2009] 309 ITR 67 / 182 Taxman 183 . "The contention on behalf of the Revenue that the assessment order does not reflect any application of mind as to the eligibility otherwise under section-80-I of the Act requires to be noted to be rejected. An assessment order cannot not incorporate reasons for making/granting a claim of deduction. If it does so, an assessment o…

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

…s 263, since the ‘Doctrine of Merger’ would not apply upon such matter. However, Ld. Counsel has placed reliance upon the judgment of Hon’ble Gujarat High Court in the case of CIT v. Nirma 25 Co.Op. Housing Societies Industries Chemical Work (P) Ltd. (supra) 309 ITR 67. We have gone through the said judgment. In the said case, the issue arisen was with respect to allowbility of deduction u/s 80I. It was contended by the said assessee that issue of allowbility u/s 80I was considered by the AO and the CIT(A) had given part relief to the assessee and therefore, the issue of allowbility of deduction u/s 80I was subj…

Vallabhnagar Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3659/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

…s 263, since the ‘Doctrine of Merger’ would not apply upon such matter. However, Ld. Counsel has placed reliance upon the judgment of Hon’ble Gujarat High Court in the case of CIT v. Nirma 25 Co.Op. Housing Societies Industries Chemical Work (P) Ltd. (supra) 309 ITR 67. We have gone through the said judgment. In the said case, the issue arisen was with respect to allowbility of deduction u/s 80I. It was contended by the said assessee that issue of allowbility u/s 80I was considered by the AO and the CIT(A) had given part relief to the assessee and therefore, the issue of allowbility of deduction u/s 80I was subj…

Suvarna Nagar Co Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3658/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

…s 263, since the ‘Doctrine of Merger’ would not apply upon such matter. However, Ld. Counsel has placed reliance upon the judgment of Hon’ble Gujarat High Court in the case of CIT v. Nirma 25 Co.Op. Housing Societies Industries Chemical Work (P) Ltd. (supra) 309 ITR 67. We have gone through the said judgment. In the said case, the issue arisen was with respect to allowbility of deduction u/s 80I. It was contended by the said assessee that issue of allowbility u/s 80I was considered by the AO and the CIT(A) had given part relief to the assessee and therefore, the issue of allowbility of deduction u/s 80I was subj…

Vithalnagar Co Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3656/MUM/2014[1995-96]Status: DisposedITAT Mumbai28 Sept 2016AY 1995-96

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

…s 263, since the ‘Doctrine of Merger’ would not apply upon such matter. However, Ld. Counsel has placed reliance upon the judgment of Hon’ble Gujarat High Court in the case of CIT v. Nirma 25 Co.Op. Housing Societies Industries Chemical Work (P) Ltd. (supra) 309 ITR 67. We have gone through the said judgment. In the said case, the issue arisen was with respect to allowbility of deduction u/s 80I. It was contended by the said assessee that issue of allowbility u/s 80I was considered by the AO and the CIT(A) had given part relief to the assessee and therefore, the issue of allowbility of deduction u/s 80I was subj…

The Navyug Co Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3655/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

…s 263, since the ‘Doctrine of Merger’ would not apply upon such matter. However, Ld. Counsel has placed reliance upon the judgment of Hon’ble Gujarat High Court in the case of CIT v. Nirma 25 Co.Op. Housing Societies Industries Chemical Work (P) Ltd. (supra) 309 ITR 67. We have gone through the said judgment. In the said case, the issue arisen was with respect to allowbility of deduction u/s 80I. It was contended by the said assessee that issue of allowbility u/s 80I was considered by the AO and the CIT(A) had given part relief to the assessee and therefore, the issue of allowbility of deduction u/s 80I was subj…

Jai Hind Co Op Hsg Soc Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 2363/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

…s 263, since the ‘Doctrine of Merger’ would not apply upon such matter. However, Ld. Counsel has placed reliance upon the judgment of Hon’ble Gujarat High Court in the case of CIT v. Nirma 25 Co.Op. Housing Societies Industries Chemical Work (P) Ltd. (supra) 309 ITR 67. We have gone through the said judgment. In the said case, the issue arisen was with respect to allowbility of deduction u/s 80I. It was contended by the said assessee that issue of allowbility u/s 80I was considered by the AO and the CIT(A) had given part relief to the assessee and therefore, the issue of allowbility of deduction u/s 80I was subj…