CIT v. Odeon Builders Pvt. ltd.

DCIT- CC- 2(1), Mumbai vs. Mirah Dekor Pvt. Ltd., Mumbai

In the result, appeal filed by the Revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Ble

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER AND MS KAVITHA RAJAGOPAL, HON'BLE JUDICIAL MEMBER ITA NOs. 623 & 791/MUM/2022 (A.Ys: 2014-15 & 2015-16) DCIT – Central Circle – 2(1) v. M/s. Mirah Dekor Pvt. Ltd., Room No. 804, 8th Floor 208, Parvati Industrial Estate Old CGO Building Annex Bldg Sunmil Compound, Lower Parel M.K. Road, Mumbai - 400020 Mumbai - 400013 PAN: AABCM4262A (Appellant) (Respondent) Assessee Represented by : Shri K.P. Dewani Department Represented by : Shri Sandeep Raj Date of Hearing : 12.10.2022 Date of Pronouncement :…

Dy.C.I.T. Cent. Cir-6(2), Mumbai vs. Shri Dilip B.Jiwrajka, Mumbai

In the result, the Cross Objections for AYs 2012-13 & 2013-14

…s, whose statements are relied upon, results in breach of principles of Natural Justice. It is a serious flaw which renders the order a nullity. We also gainfully refer to the judgment of the Hon'ble Apex Court in the case of CIT Vs. Odeon Builders Pvt. ltd. (418 ITR 315) wherein also it was held that, the addition/disallowance made solely on third party information without subjecting it to further scrutiny and denying the opportunity of cross- examination of the third party renders the addition/ disallowance bad in law. 44. And further, the Ld. AR also pointed out that the statements of the [brokers/entry-opera…

ITO -33 (1) (1), Mumbai vs. Shri Kalpesh C.Shah, Mumbai

In the result, all the three appeals of the In the result, all the three appeals of the Revenue are In the result, all the three appeals of the dismissed

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 Ito-33(1)(1), Shri Kalpesh C. Shah, Kautilya Bhavan, 9Th Floor, Room Flat No. 904, Rajvaibhav Tower- No. 945, Bandra Kurla Complex, Vs. 2, Dahanukar Wadi, Mahavir Bandra (E), Nagar, Kandiwali(W), Mumbai-400051. Mumbai-400067. Pan No. Aajps 8486 R Appellant Respondent Revenue By : Mrs. Usha Gaikwad, Dr Assessee By : Mr. K. Gopal, Sr. Adv. & A/W Om Kandalkar, Adv. Date Of Hearing : 21/09/2022 Date Of Pronouncement : 28/09/2022

…lied on the decision of the Hon’ble Supreme Court in the case of relied on the decision of the Hon’ble Supreme Court in the case of relied on the decision of the Hon’ble Supreme Court in the case of CIT vs. Odeon Builders P Ltd ( CIT vs. Odeon Builders P Ltd (418 ITR 315) and Andman Timber Andman Timber Industries Ltd vs. Commissioner of Central Excise in Civil of Central Excise in Civil Appeal No. 4228 of 2006 Appeal No. 4228 of 2006. 6.2 In support of the contention that the disallowance based solely In support of the contention that the disallowance based solely In support of the contention that the disallowa…

ITO -33 (1) (1), Mumbai vs. Shri Kalpesh C.Shah, Mumbai

In the result, all the three appeals of the In the result, all the three appeals of the Revenue are In the result, all the three appeals of the dismissed

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 Ito-33(1)(1), Shri Kalpesh C. Shah, Kautilya Bhavan, 9Th Floor, Room Flat No. 904, Rajvaibhav Tower- No. 945, Bandra Kurla Complex, Vs. 2, Dahanukar Wadi, Mahavir Bandra (E), Nagar, Kandiwali(W), Mumbai-400051. Mumbai-400067. Pan No. Aajps 8486 R Appellant Respondent Revenue By : Mrs. Usha Gaikwad, Dr Assessee By : Mr. K. Gopal, Sr. Adv. & A/W Om Kandalkar, Adv. Date Of Hearing : 21/09/2022 Date Of Pronouncement : 28/09/2022

…lied on the decision of the Hon’ble Supreme Court in the case of relied on the decision of the Hon’ble Supreme Court in the case of relied on the decision of the Hon’ble Supreme Court in the case of CIT vs. Odeon Builders P Ltd ( CIT vs. Odeon Builders P Ltd (418 ITR 315) and Andman Timber Andman Timber Industries Ltd vs. Commissioner of Central Excise in Civil of Central Excise in Civil Appeal No. 4228 of 2006 Appeal No. 4228 of 2006. 6.2 In support of the contention that the disallowance based solely In support of the contention that the disallowance based solely In support of the contention that the disallowa…

ITO -33 (1) (1), Mumbai vs. Shri Kalpesh C.Shah, Mumbai

In the result, all the three appeals of the In the result, all the three appeals of the Revenue are In the result, all the three appeals of the dismissed

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 Ito-33(1)(1), Shri Kalpesh C. Shah, Kautilya Bhavan, 9Th Floor, Room Flat No. 904, Rajvaibhav Tower- No. 945, Bandra Kurla Complex, Vs. 2, Dahanukar Wadi, Mahavir Bandra (E), Nagar, Kandiwali(W), Mumbai-400051. Mumbai-400067. Pan No. Aajps 8486 R Appellant Respondent Revenue By : Mrs. Usha Gaikwad, Dr Assessee By : Mr. K. Gopal, Sr. Adv. & A/W Om Kandalkar, Adv. Date Of Hearing : 21/09/2022 Date Of Pronouncement : 28/09/2022

…lied on the decision of the Hon’ble Supreme Court in the case of relied on the decision of the Hon’ble Supreme Court in the case of relied on the decision of the Hon’ble Supreme Court in the case of CIT vs. Odeon Builders P Ltd ( CIT vs. Odeon Builders P Ltd (418 ITR 315) and Andman Timber Andman Timber Industries Ltd vs. Commissioner of Central Excise in Civil of Central Excise in Civil Appeal No. 4228 of 2006 Appeal No. 4228 of 2006. 6.2 In support of the contention that the disallowance based solely In support of the contention that the disallowance based solely In support of the contention that the disallowa…