CIT v. Shyam R. Pawar

Yogeshkumar Pravinkumar Shah, Mumbai vs. Asstt. Commissioner of Income Tax 19(3), Mumbai

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE JUSTICE (RETD.) C V BHADANG, PRESIDENT & MS PADMAVATHY S, AM I.T.A. No. 4544/Mum/2025 (Assessment Year: 2014-15) Yogeshkumar Pravinkumar Shah, Asstt. CIT-19(3), 25, harhar Wala Building, S.V.P. Piramal Chamber, Lalbaug, Road, Opp. Moti Talkies, Vs. Mumbai-400012. Mumbai-400004. PAN: AMZPS6493A Appellant) : Respondent) Assessee / Appellant by : Shri K. Gopal & Om Kandalkar, AR : Shri Swapnil Choudhary, CIT-DR Revenue / Respondent by : 16.09.2025 Date of Hearing Date of Pronouncement : 22.10.2025 O R D E R Per Padmavathy S, AM: This appeal by the assess…

Devang Bhupendra Shah, Mumbai vs. Income Tax Officer 32(1)(4), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankardevang Bhupendra Shah, V/S. Income Tax Officer, Ward – B/9, Neminath Apt., बनाम 32(1)(4), Kautilya Bhavan, Shimpoli Road, Borivali Bandra Kurla Complex, West, Mumbai – 400 092, Bandra (East), Mumbai– Maharashtra 400051, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadps1211L Appellant/अपीलार्थी .. Respondent/प्रतिवादी

…IN THE INCOME-TAX APPELLATE TRIBUNAL“D” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER Devang Bhupendra Shah, v/s. Income Tax Officer, Ward – B/9, Neminath Apt., बनाम 32(1)(4), Kautilya Bhavan, Shimpoli Road, Borivali Bandra Kurla Complex, West, Mumbai – 400 092, Bandra (East), Mumbai– Maharashtra 400051, Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AADPS1211L Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Shri Rahul Kapadia,AR Respondent by : Shri Annavaran Kasuri, (Sr. AR) Date of Hearing 11.08.2025 Date of Pronouncement 13.10.2025 आदेश…

Mukesh Vallabhdas Shah, Bhayender vs. ITO Ward 2(5), Thane

In the result, the appeal filed by the assessee stands allowed

Bench: Shri Sandeep Gosain

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER I.T.A. No. 2052/Mum/2025 A.Y: 2015-16 Mukesh Vallabhdas Shah Vs ITO, Ward – 2(5) B/208, rushab Room No. 16, B Wing, Appartment, Modi Patel 6th Floor, Ashar IT Park, Road, Bhayender (W) Road No. 16Z, MIDC, PAN – AEGPS2985E Thane (W) (Appellant) (Respondent) Assessee by Shri Sunil Bhandari Revenue by Shri Kiran K. Chhatrapati, Sr. DR Date of Hearing 02.09.2025 Date of Pronouncement 23.09.2025 ORDER Per: SHRI. SANDEEP GOSAIN, J.M.: The present appeals have been filed by the assessee challenging the impugned or…

Income Tax Officer 11(2)(1), Mumbai vs. Shrem Alloys Private Limited, Mumbai

In the result, all the appeals filed by the Revenue stand dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

…ed the financial results of the company for each year in the order itself. In support of its contention, the appellant relied on the ix. following case laws: Here's your list with proper spacing between words for better readability: a) CIT vs. Shyam R. Pawar 54 Taxmann.com 108 (Bombay) b) ITO vs. Arvind Kumar Jain HUF** ITA No. 4862/M/2014 (Mumbai Tribunal) c) ITO vs. Indravadan Jain HUF ITA 4861/M/2014 (Mumbai Tribunal) d) Sunil Prakash vs. ACIT ITA No. 6494/M/2014 (Mumbai Tribunal) e) Pratik Suryakant Shah vs. ITO 77 Taxmann.com 260 (Ahmedabad Tribunal) f) ITO vs. Smt. Aarti Mittal 41 Taxmann.com 118 (Hyderaba…

Income Tax Officer 11 (2) (1), Mumbai vs. Everfine Alloys Private Limited, Mumbai

In the result, all the appeals filed by the Revenue

…ced the financial results of the company for each year in the order itself. ix. In support of its contention, the appellant relied on the following case laws: Here's your list with proper spacing between words for better readability: a) CIT vs. Shyam R. Pawar 54 Taxmann.com 108 (Bombay Tribunal) b) ITO vs. Arvind Kumar Jain HUF** ITA No. 4862/M/2014 (Mumbai Tribunal) c) ITO vs. Indravadan Jain HUF ITA 4861/M/2014 (Mumbai Tribunal) d) Sunil Prakash vs. ACIT ITA No. 6494/M/2014 (Mumbai Tribunal) e) Pratik Suryakant Shah vs. ITO 77 Taxmann.com 260 (Ahmedabad Tribunal) f) ITO vs. Smt. Aarti Mittal 41 Taxmann.com 118…

Income Tax Officer, Mumbai vs. Everfine Alloys Private Limited, Mumbai

In the result, all the appeals filed by the Revenue stand dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

…ed the financial results of the company for each year in the order itself. In support of its contention, the appellant relied on the ix. following case laws: Here's your list with proper spacing between words for better readability: a) CIT vs. Shyam R. Pawar 54 Taxmann.com 108 (Bombay) b) ITO vs. Arvind Kumar Jain HUF** ITA No. 4862/M/2014 (Mumbai Tribunal) c) ITO vs. Indravadan Jain HUF ITA 4861/M/2014 (Mumbai Tribunal) d) Sunil Prakash vs. ACIT ITA No. 6494/M/2014 (Mumbai Tribunal) e) Pratik Suryakant Shah vs. ITO 77 Taxmann.com 260 (Ahmedabad Tribunal) f) ITO vs. Smt. Aarti Mittal 41 Taxmann.com 118 (Hyderaba…

Praveen Sitaram Agarwal, Mumbai vs. Income Tax Officer, WD-24(3)(3), Mumbai

In the result, the appeal filed by the Revenue is dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SMT RENU JAUHRI, ACCOUNTANT MEMBER Praveen Sitaram Vs. Income Tax Officer, Agarwal Wd-24(3)(3), Mumbai B-408, Twin Tower Lokhandwala Complex Andheri(W) Mumbai – 400 053 PAN/GIR No.AEAPA5317G (Appellant) .. (Respondent) Assessee by Shri Prakash Jhunjhunwala Revenue by Shri Virabhadra S Mahajan Date of Hearing 23/07/2025 Date of Pronouncement 26/08/2025 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against the order dated 11.02.2025 passed by the National Faceless Ap…

Govind Corporation, Mumbai vs. DCIT Central Circle 8(1), Mumbai

In the result the appeal filed by the assessee stands

Bench: Hon’Ble Shri Sandeep Gosain

…IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" BENCH MUMBAI BEFORE HON’BLE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA No. 3229/Mum/2023 (Assessment Year: 2014-15) Smt. Chitra Avdhesh Mehta Vs. ITO – 33(1)(3) 902/903, 9th Floor, Oberoi Park, Near Thakur Cinema, Thakur Village, Kandivali (W), Mumbai – 400101. Room No. 707, 7th Floor, C-12, BKC, Bandra (E), Mumbai 400051. PAN/GIR No. BIYPS8204F (Applicant) (Respondent) Assessee by Shri M Subramanian, Adv Revenue by Ms. Madhura M. Nayak Sr. DR Date of Hearing 06.05.2025 Date of Pronouncement 22.07.2025 आदेश / ORDER PER SANDEEP GOSAIN, JM: The present appeal has been filed…

Annu Anil Agrawal, Mumbai vs. Assistant Commissioner of Income-Tax, Central Circle 4(4), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarआयकर अपील सुं./Ita No. 5473/Mum/2024 (नििाारण वर्ा / Assessment Year :2011-12) Annu Anil Agrawal V/S. Acit Cc 4(3), Mumbai Due C-3401/3402 Oberoi बिाम To Restructuring Current Esquire, Mohan Gokhale Jurisdiction Of Appellant Road, Off W. E. Highway, Lies With Acit 41(4)(1), Oberoi Garden City, Mumbai Goregaon East, Mumbai- Kautilya Bhawan, Bkc, 400063 Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Admpa0248F Appellant/अपीलार्थी Respondent/प्रनिवादी ..

…|आयकर अपीलीय न्यायाधिकरण न्यायपीठ, म ुंबई| IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER आयकर अपील सुं./ITA No. 5473/MUM/2024 (नििाारण वर्ा / Assessment Year :2011-12) Annu Anil Agrawal v/s. ACIT CC 4(3), Mumbai due C-3401/3402 Oberoi बिाम to restructuring current Esquire, Mohan Gokhale jurisdiction of appellant Road, Off W. E. Highway, lies with ACIT 41(4)(1), Oberoi Garden City, Mumbai Goregaon East, Mumbai- Kautilya Bhawan, BKC, 400063 Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: ADMPA0248F Appe…

Assistant Commissioner of Income Tax- 4(1)(1), Mumbai vs. Ankur Agrawal, Mumbai

In the result, both the appeals filed by the Assessee are allowed

Bench: Shri Sandeep Gosain, () & Shri Prabhash Shankar, ()

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, (JUDICIAL MEMBER) & SHRI PRABHASH SHANKAR, (ACCOUNTANT MEMBER) I.T.A. No.5179/Mum/2024 Assessment Year: 2012-13 Assistant Commissioner | Vs. | Ankur Agrawal of Income Tax – 4(1)(1), Mumbai. 2401-2402, 24th Floor, Anmol Pride Off, Patel Auto, Off S. V. Road, Goregaon, West - 400062. PAN: AKОРА7201P (Appellant) (Respondent) Appellant by Shri. Vimal Punmiya Respondent by | Shri. Aditya Rai, SR. D.R. Date of Hearing 11.06.2025 Date of Pronouncement 16.06.2025 ORDER Per: SHRI. SANDEEP GOSAIN, J.M.: The present appeal has been filed by…

Leela Tarachand Kothari, Mumbai vs. Income Tax Officer -19(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarleela Tarachand Kothari, V/S. Income Tax Officer – 1St Floor, Naimal Niketan, बनाम 19(2)(1), Room No. 221, 221, Khetwadi Main Road, Matru Mandir, Tardeo Road, Mumbai - 400 004, Mumbai – 400007, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaqpk2820K Appellant/अपीलार्थी .. Respondent/प्रतिवादी

…IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER Leela Tarachand Kothari, v/s. Income Tax Officer – 1st Floor, Naimal Niketan, बनाम 19(2)(1), Room No. 221, 221, Khetwadi Main Road, Matru Mandir, Tardeo Road, Mumbai - 400 004, Mumbai – 400007, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAQPK2820K Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Ms.Rutuja Pawar & Ms Saiyami Shah, ARs Respondent by : Shri Aditya Rai (Sr. DR) Date of Hearing 04.06.2025 Date of Pronouncement 10.06.2025 आदेश / O…

Amee Shreyance Shah, Mumbai vs. Income Tax Officer Ward 19(1)(1), Mumbai

In the result, the above appeal of the assessee is

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…idered opinion that the documentary evidences could not be rejected without bringing on record any substantial piece of evidence. Reference could also be made to a plethora of decisions of hon'ble Bombay High court on similar issue i.e. CIT vs. Shyam R. Pawar-54 Taxmann.com 108 (Bom-HC], Pr. CIT vs. Smt. Krishna Devi - 126 Taxmann.com 80 (Del-HC), Pr. CIT vs. Ziauddin A. Siddique ITA No. 2012 of 2017 (Bom-HC),- Page | 9 ITA No. 2450/Mum/2024 A.Y. 2012-13 Amee Shreyance Shah, Mumbai Shyam Pawar (54 taxmann.com 108) (Bom), PCIT vs. Indravadan Jain (HUF) (ITA No. 454 of 2018) (Bom),CIT vs. Jamnadevi Agarwal 20 taxma…

ITO, Ward 16(2)(1), Mumbai vs. Laxmilal Sethia, Mumbai

In the result, both, appeal of the Revenue and the cross objection filed by the assessee are dismissed

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2011-12

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2011-12 Income Tax Officer, Laxmilal Sethia Flat No. 502, Samatha Complex, Ward 16(2)(1), Ostwal Tower TPS-3, Room No, 443, Aayakar Vs. Shimpoli Road, Bhawan, Borivali West, New Marine Lines, 400092. Mumbai-400020. (PAN: AADPS1536L) (Appellant) (Respondent) C.O No. 59/MUM/2025 (Arising out of ITA No. 588/MUM/2025) Laxmilal Sethia Income Tax Officer Flat No. 502, Samatha Ward 16(2)(1), Complex, Room No, 443, Aaykar Bhavan, Ostwal Tower TPS-3, New Marine L…

ACIT-27(3), Mumbai vs. Simon Poulose Puthanangady, Mumbai

In the result, the appeal filed by the Revenue Department stands dismissed

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2016-17

…g Officer made addition under section 68 of the Act . On appeal the CIT(A) deleted the addition . On appeal by the Revenue, the Tribunal Affirmed the order of the CIT(A). Tribunal followed the order of Jurisdictional High Court in CIT v. Shyam R. Pawar (2015) 54 Taxmann.com 108/ 229 Taxman 256 ( Bom)(HC). On appeal by the Revenue, dismissing the appeal the Court held that The Tribunal while dismissing the appeals filed by the Revenue also observed on facts that these shares were purchased by respondent on the floor of Stock Exchange and not from the said broker, deliveries were taken, contract notes were issued a…

Kashyap M Vora (HUF), Mumbai vs. Income Tax Officer, Ward, 19(2)(2), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…decision of the coordinate bench of ITAT, Mumbai in the case of Lalita Ben P.Shah in ITA No.2008/Mum/2023 dated 5.4.2024 wherein the hon'ble Tribunal deleted similar addition placing reliance on the judgments of hon'ble Bombay High court in CIT vs Shyam Pawar 54 Taxmann.com 108,PCIT vs Ziauddin A.Siddique in ITA No.2012 of 2017,CIT vs Jamna Devil Agrawal 20 Taxmann.com 529.Further, reference has also been made to the decision of hon'ble Apex Court in Adamine Construction P.Ltd 99 Taxman 45. Page | 9 ITA No. 3394/Mum/2024 Α.Υ. 2012-13 Kashyap M. Vora 6.4 With regard to the estimated addition u/s 69C, the ld.AR has…

ITO Ward 3(4), Thane vs. Sunil Kumar Bagaria, Thane

In the result, the appeal by the Revenue is dismissed

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalito, Ward-3(4), Room No.9, B-Wing, 6Th Floor, Ashar It Park, Wagle Industrial Estate, ............... Appellant Thane West - 400604

…IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITO, Ward-3(4), Room No.9, B-Wing, 6th Floor, Ashar IT Park, Wagle Industrial Estate, ............... Appellant Thane West - 400604 v/s Sunil Kumar Bagaria B-305 Jay Rushubh CHS ……………… Respondent Modi Patel Road Bhayander West, Thane – 401101 PAN: AEQPB2022P Assessee by : Shri Neelkanth Khandelwal Revenue by : Shri Vijaykumar G. Subramanyam, Sr.DR Date of Hearing – 19/02/2025 Date of Order - 22/04/2025 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The Revenue has filed…

ITO-19(3)(1), Mumbai vs. Raichand Parasmal Chokshi, Mumbai

In the result, both the appeals by the revenue are dismissed

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, 305, Ashirwad Building, Lalabaug 10Th Khetwadi Lane, Vs. Mumbai 400012 Mumbai 400004. (Pan: Aaapc6486C) (Appellant) (Respondent) Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, Huf Lalabaug 305, Ashirwad Building, Mumbai 400012 Vs. 10Th Khetwadi Lane, Mumbai 400004. (Pan: Aaahr1005A) (Appellant) (Respondent) Present For: Assessee : Shri Umang Shah, Ca Revenue : Shri R.R. Makwana, Addl. Cit Date Of Hearing : 23.01.2025 Date Of Pronouncement : 22.04.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By The Revenue Are In The Case Of An Individual & Huf Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac) Delhi, Vide Order No. Itba/Nfac/S/250/2023- Ay 2017-18 24/1060184522(1) Dated 29.01.2024 For Individual & Order No. Itba/Nfac/S/250/2024-25/1064573907(1), Dated 02.05.2024 For The Huf, Passed Against The Assessment Orders By Income Tax Officer 19(3)(1), Mumbai U/S. 144 R.W.S 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.05.2023 & 21.04.2023, Respectively For Individual & Huf For Assessment Year 2017-18. 2. Appeal In Ita No. 1486/Mum/2024 Is By The Individual & That In Ita No. 3374/Mum/2024 Is By The Huf With The Present Individual As Its Karta. Common Issue Is Involved In Both The Appeals By The Revenue, Raising Identical Grounds Except For Variation In The Quantum Of Addition Made By The Ld. Assessing Officer. Accordingly, Grounds Taken By The Revenue In The Case Of Individual In Ita No. 1486/Mum/2024 Are Reproduced As Under:

…IN THE INCOME TAX APPELLATE TRIBUNAL D” BENCH MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, 305, Ashirwad Building, Lalabaug 10th Khetwadi Lane, Vs. Mumbai 400012 Mumbai 400004. (PAN: AAAPC6486C) (Appellant) (Respondent) Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, HUF Lalabaug 305, Ashirwad Building, Mumbai 400012 Vs. 10th Khetwadi Lane, Mumbai 400004. (PAN: AAAHR1005A) (Appellant) (Respondent) Present for: As…

Income Tax Officer -19(2)(2), Mumbai vs. Mitesh Mehta HUF, Mumbai

In the result, appeal of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri Girish Agrawalassessment Year: 2015-16

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH MUMBAI BEFORE SHRI SAKTIJIT DEY, VICE PRESIDENT AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2015-16 Income Tax Officer- 19(2)(2), Mitesh Mehta HUF, Mumbai 432, Lamington Road, Shigney Building, Vs. Opera House, Mumbai – 400004 (PAN : AADHM4374A) (Appellant) (Respondent) Present for: Assessee : Shri Mitesh Mehta, CA Revenue : Shri R. R. Makwana, Addl. CIT Date of Hearing : 09.01.2025 Date of Pronouncement : 07.04.2025 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the Revenue is against the order of Ld. CIT(A), National…