CIT v. Shelly Products

Manugraph India Ltd, Mumbai vs. Asst CIT 3(2)(1), Mumbai

In the result, this appeal by the assessee is allowed as above

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm M/S. Manugraph India Limited Asst. Cit-3(2)(1) Room No. 608, 6Th Floor, Sidhwa House, N. A. Sawant Marg, Vs. Colaba, Mumbai-400 005 Aayakar Bhavan, M K Road, Churchgate, Mumbai-400 020 Pan/Gir No. Aaacm 7246 H (Appellant) : (Respondent) Appellant By : Shri Rajan Vora & Shri Pranay Gandhi : Shri V. Jenardhan Respondent By Date Of Hearing : 06.11.2018 : 04.02.2019 Date Of Pronouncement O R D E R Per Shamim Yahya, A. M.:

…11 11. We find that both the above grounds were not raised before the D.R.P. The issues raised cannot be made to be a part of appeal before the ITAT. Nevertheless on the touchstone of the Hon’ble Apex Court decision in the case of CIT v/s. Shelly Products 261 ITR 367, we direct that the A.O. may consider the issue raised as per law and factual verification. 12. In the result, this appeal by the assessee is allowed as above. Order pronounced in the open court on 04.02.2019 (Ravish Sood) (Shamim Yahya) Judicial Member Accountant Member Mumbai; Dated : 04.02.2019 Roshani, Sr. PS Copy of the Order forwarded to…

Oricon Enterprises Ltd, Mumbai vs. ACIT Cen Cir 3(3), Mumbai

Bench: S/Sh. Rajendra & Pawan Singh

…,it has to be ensured that taxes levied or collected by the AO.s have legal sanction. Admission or refusal by an assessee about taxability of an item of income cannot make a non taxable item taxable or visa versa.The Supreme Court of India in Shelly Products (261 ITR 367), has held that if the assessee has by mistake or inadvertence or on account of ignorance,included in his income any amount which is exempted from payment of Income-tax or is not income within the contemplation of law, the assessee may bring the same to the notice of the AO, which if satisfied, may grant the assessee necessary relief and refund t…

M/S. Tata Sons Ltd, Mumbai vs. The ACIT Cir2(3), Mumbai

In the result, the appeals filed by the assessee are allowed and that of the Revenue is dismissed

Bench: Shri P K Bansal & Shri Ram Lal Negi

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “D”, MUMBAI Before Shri P K Bansal, Vice President & Shri Ram Lal Negi, Judicial Member ITA Nos. 193 & 3745/Mum/2006 Assessment Year : 2002-03 Tata Sons Limited, ACIT Circle 2(3), Bombay House, Homi Mody Mumbai. Vs. Street, Mumbai 400 001 PAN AAACT4060A (Appellant) (Respondent) Assessment Year : 2002-03 ACIT Circle 2(3), Tata Sons Limited, Mumbai. Mumbai 400 001 Vs. PAN AAACT4060A (Appellant) (Respondent) For the assessee : Shri Dinesh Vyas For the Revenue : Shri P C Chhotaray Date of Hearing : 12.10.2017 Date of Pronouncement : 27.11.2017 O R D E R Per P…

The ACIT 2(3), Mumbai vs. M/S. Tata Sons Ltd, Mumbai

In the result, the appeals filed by the assessee are allowed and that of the Revenue is dismissed

Bench: Shri P K Bansal & Shri Ram Lal Negi

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “D”, MUMBAI Before Shri P K Bansal, Vice President & Shri Ram Lal Negi, Judicial Member ITA Nos. 193 & 3745/Mum/2006 Assessment Year : 2002-03 Tata Sons Limited, ACIT Circle 2(3), Bombay House, Homi Mody Mumbai. Vs. Street, Mumbai 400 001 PAN AAACT4060A (Appellant) (Respondent) Assessment Year : 2002-03 ACIT Circle 2(3), Tata Sons Limited, Mumbai. Mumbai 400 001 Vs. PAN AAACT4060A (Appellant) (Respondent) For the assessee : Shri Dinesh Vyas For the Revenue : Shri P C Chhotaray Date of Hearing : 12.10.2017 Date of Pronouncement : 27.11.2017 O R D E R Per P…