Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT

350 ITR 651High Court2013#1382 most cited

What is Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT authority for?

For reopening an assessment, the Assessing Officer needs a reason to believe that income has escaped assessment, supported by tangible material that is not illusory or conjectural; conclusive proof of escaped income is not required at this stage. Even if the assessee made full disclosure, a complete failure by the Assessing Officer to apply mind during the original assessment can constitute tangible material for reopening.

83

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

Export Credit Guarantee Corporation v. Addl. CIT · Section 147 reopening · Section 148 reassessment · reason to believe · tangible material · escaped income · conclusive proof not required · Assessing Officer failure to apply mind · mere change of opinion doctrine · reopening assessment test

Also reported as

30 Taxmann.com 211228 Taxmann 28259 CTR 465

Sections most often in play

Section 143(3)Section 147 Section 148 Section 10(38)Section 115JB Section 14A Section 195 Section 37

Issues it is cited on

section 55a nav method fresh tangible material section 13(2)dcf method within four years section 114 approval under section 151 full and true disclosure material facts necessary for assessment mere change of opinion section 56(2)(viib)

Judgments citing Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT

Mehta Exports, Mumbai vs. ACIT - 20(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 6036/MUM/2016[2009-10]Status: DisposedITAT Mumbai28 May 2018AY 2009-10

Bench: Shri Saktijit Dey & Shri Rajesh Kumarassessment Year: 2009-10

For Appellant: Shri Piyush Chhajed, A.R. &For Respondent: Shri V. Vidhyadhar, D.R

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 151

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “G”, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER Assessment Year: 2009-10 M/s. Mehta Exports, Asst. Commissioner of B-9, Viral Apartments, Income Tax 20(2), Opp. Shoppers Stop, Vs. Mumbai S.V. Road, Andheri (W), Mumbai – 400 058 PAN: AAAFM1566B (Appellant) (Respondent) Present for: Assessee by : Shri Piyush Chhajed, A.R. & Shri M.P. Chhajed, A.R. Revenue by : Shri V. Vidhyadhar, D.R. Date of Hearing : 12.04.2018 Date of Pronouncement : 28.05.2018 O R D E R Per Rajesh Kumar, Accountant Member: The present appe…

Vipul Impex & Infrabuild Ltd., Mumbai vs. ACIT-4(2), Mumbai

The appeals of the Revenue are allowed for statistical purposes

ITA 3006/MUM/2016[2010-11]Status: DisposedITAT Mumbai16 May 2018AY 2010-11

Bench: Shri Joginder Singh & Shri G. Manjunatha

Section 143(2)Section 144Section 147Section 148Section 40A(3)

…rt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 ITA Nos.2313 to 2315 and 3004 to 14 3006/Mum/…

Vipul Impex & Infrabuild Ltd., Mumbai vs. ACIT-4(2), Mumbai

The appeals of the Revenue are allowed for statistical purposes

ITA 3005/MUM/2016[2008-09]Status: DisposedITAT Mumbai16 May 2018AY 2008-09

Bench: Shri Joginder Singh & Shri G. Manjunatha

Section 143(2)Section 144Section 147Section 148Section 40A(3)

…rt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 ITA Nos.2313 to 2315 and 3004 to 14 3006/Mum/…

Vipul Impex & Infrabuild Ltd., Mumbai vs. ACIT-4(2), Mumbai

The appeals of the Revenue are allowed for statistical purposes

ITA 3004/MUM/2016[2007-08]Status: DisposedITAT Mumbai16 May 2018AY 2007-08

Bench: Shri Joginder Singh & Shri G. Manjunatha

Section 143(2)Section 144Section 147Section 148Section 40A(3)

…rt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 ITA Nos.2313 to 2315 and 3004 to 14 3006/Mum/…

DCIT Cir. 4(3)(2), Mumbai vs. Vipul Impex & Infrabuild Ltd., Mumbai

The appeals of the Revenue are allowed for statistical purposes

ITA 2315/MUM/2016[2010-11]Status: DisposedITAT Mumbai16 May 2018AY 2010-11

Bench: Shri Joginder Singh & Shri G. Manjunatha

Section 143(2)Section 144Section 147Section 148Section 40A(3)

…rt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 ITA Nos.2313 to 2315 and 3004 to 14 3006/Mum/…

DCIT Cir. 4(3)(2), Mumbai vs. Vipul Impex & Infrabuild Ltd., Mumbai

The appeals of the Revenue are allowed for statistical purposes

ITA 2314/MUM/2016[2007-08]Status: DisposedITAT Mumbai16 May 2018AY 2007-08

Bench: Shri Joginder Singh & Shri G. Manjunatha

Section 143(2)Section 144Section 147Section 148Section 40A(3)

…rt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 ITA Nos.2313 to 2315 and 3004 to 14 3006/Mum/…

DCIT Cir. 4(3)(2), Mumbai vs. Vipul Impex & Infrabuild Ltd., Mumbai

The appeals of the Revenue are allowed for statistical purposes

ITA 2313/MUM/2016[2008-09]Status: DisposedITAT Mumbai16 May 2018AY 2008-09

Bench: Shri Joginder Singh & Shri G. Manjunatha

Section 143(2)Section 144Section 147Section 148Section 40A(3)

…rt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 ITA Nos.2313 to 2315 and 3004 to 14 3006/Mum/…

Asst CIT Cir 3, Kalyan vs. Rich & Royal, Kalyan

In the result appeal of the revenue is dismissed in the manner indicated above

ITA 1007/MUM/2016[2007-08]Status: DisposedITAT Mumbai02 Apr 2018AY 2007-08

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1007/Mum/2016 (नििाारण वर्ा / Assessment Year: 2007-08) Acit Cir 3 बिाम/ M/S. Rich & Royal 2N D Floor, Rani Mansion, The Raymond Shop, Murbad Road, Kalyan(W), Zojwalla Complex, V. Dist Thane 421301 Agra Road, Kalyan (W) 421301 स्थायी ऱेखा सं./ Pan : Aadfr3357G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri. Subodh RatnaparkhiFor Respondent: Shri. Saurabh Kumar Rai

Section 131Section 133(6)Section 143(3)Section 148Section 43B

…Court held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.7. The Hon‟ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.8. The Hon‟ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 (Bom), held that in order to invoke the extraord…

Mithalal D Mutha, Mumbai vs. ITO WD 16(3)(1), Mumbai

The appeal of the assessee is dismissed as already a justified view has been taken by the Ld

ITA 594/MUM/2016[2009-10]Status: DisposedITAT Mumbai27 Oct 2017AY 2009-10

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2009-10

Section 133(6)Section 139Section 142Section 143Section 143(3)Section 147Section 148

…h Court held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.9 The Hon‟ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 14 Shri Mithalal D Mutha 2.10 The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 (Bom), held that in o…

Swanston Multiplex Cinemas P.Ltd, Mumbai vs. Asst CIT Cir 11(1), Mumbai

The appeal of the assessee is partly allowed

ITA 1135/MUM/2015[2005-06]Status: DisposedITAT Mumbai03 Oct 2017AY 2005-06

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2005-06 Swanston Multiplex Cinemas Acit, Private Limited, Circle-11(1), बनाम/ 9Th Floor, Viraj Towers, W.E. R. No.467, Vs. Highway Next To Andheri Aayakar Bhavan, Flyover Andheri (East), M. K. Road, Mumai-400093 Mumbai-400020 ("नधा"रती/Assessee) (राज"व /Revenue) Pan No.:-Aafcs6295K

Section 139Section 142Section 143Section 143(1)Section 143(2)Section 147Section 148Section 40

…ourt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 (Bom), held that in order to invoke the extrao…

Asst CIT 14(1), Mumbai vs. Kantilal C Jain, Mumbai

The appeal of the assessee is partly allowed

ITA 6924/MUM/2014[2010-11]Status: DisposedITAT Mumbai25 Sept 2017AY 2010-11

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2010-11 Asst. Cit-14(1), Shri Kantilal C. Jain 2Nd Floor, Earnest House, M/S. Shailesh Jewellers बनाम/ Nariman Point, Shop No. 4, 2Nd Floor, Vs. Mumbai-400 021 108/112, Ustad Building, Zaveri Bazar, Opp. Khara Kuwa, Mumbai-400 002 ("नधा"रती /Assessee) Pan. No. Aadpj 9583 E

Section 139Section 142Section 143Section 143(2)Section 143(3)Section 147Section 148

…ourt held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 3.7. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment Shri Kantilal C. Jain proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 3.8. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 (Bom), held that in order…

DCIT 9(1)(1), Mumbai vs. Acon Measurement P.Ltd, Mumbai

The appeal of the Revenue is dismissed and the

ITA 4736/MUM/2015[2009-10]Status: DisposedITAT Mumbai06 Sept 2017AY 2009-10

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2009-10 Dcit -9(1))(1), M/S Acon Measurement Pvt. Room No.260A, 02Nd Floor बनाम/ Limited, Aayakar Bhavan A-22, Nanddham Indl. Estate, Vs. M.K. Road Marol Maroshi Road, Mumbai-400020. Andheri (East), Mumbai-400059 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aaaca5078K

…sing Officer can form a bona fide belief that there was C.O. No.112/Mum/2017 escapement of income in relation to assessment year 1992- 93. 4.7. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 4.8. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 (Bom), held that in order to invoke the extra…

ACIT, Chennai vs. Chettinad Structural & Engineering Ltd., Chennai

In the result, the appeal of the Revenue is partly allowed for statistical purposes

ITA 3443/CHNY/2016[2006-07]Status: DisposedITAT Chennai12 Jul 2017AY 2006-07

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Mr.N.Madhavan,JCIT,D.RFor Respondent: Mr.K.B.Muralidharan,C.A

Section 143(3)Section 147Section 148Section 40

…आयकर अपील"य अ"धकरण, ’सी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘ C’ BENCH : CHENNAI "ी चं" पूजार", लेखा सद"य एवं "ी धु"वु" आर.एल रे"डी "या"यक सद"य के सम" BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND Shri Duvvuru RL Reddy, JUDICIAL MEMBER आयकर अपील सं./I.T.A.No.3443/Mds./2016 "नधा"रण वष" /Assessment year : 2006-07 The Assistant Commissioner of Vs. M/s.Chettinad Structural & Income Tax, Engineering Ltd., 6th floor, Rani Seethai Hall, Corporate Circle 1(2), Chennai 600 034. 603, Annasalai, Chennai 600 006. [PAN AAACS 8784 N ] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appell…

Disha N . Lalwani, Mumbai vs. ITO WD 23(2)(2), Mumbai

The appeal of the assessee is dismissed

ITA 6398/MUM/2012[2003-04]Status: DisposedITAT Mumbai22 Mar 2017AY 2003-04

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2003-04 Disha N. Lalwani, Income Tax Officer- J-301, Vardhaman Nagar 23(2)(2), बनाम/ Jn. Of R.P. Rd. & M.G. Rd. C-10-Pratyakshkar Vs. Mulund (W), Bhavan, 02Nd Floor, Mumbai-400080 Bandra Kurla Complex, Bandra, Mumbai-400007 ("नधा"रती/Assessee) (राज"व /Revenue) P.A. No. Aaapl6056H

Section 143(1)Section 143(3)Section 147Section 148

…Court held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.11. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 16 Disha N. Lalwani 2.12. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 (Bom), held that in order…

M. Pallonji & Co. P.Ltd, Mumbai vs. Jt, CIT RG 2(2), Mumbai

The appeal of the assessee is partly allowed for statistical purposes

ITA 1594/MUM/2013[2004-05]Status: DisposedITAT Mumbai23 Jan 2017AY 2004-05

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2004-05 M. Pallonji & Co. Pvt. Ltd. Jcit, C/O- Taj Printing Works, Range-2(2), बनाम/ 46/A, Cawasji Patel Street, Aayakar Bhavan, Vs. Fort, M.K. Road, Mumbai-400001 Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacm3525B

Section 139Section 142Section 143Section 147Section 148Section 80I

…Court held that the Assessing Officer can form a bona fide belief that there was escapement of income in relation to assessment year 1992-93. 2.8. The Hon’ble jurisdictional High Court in Export Credit Guarantee Corporation of India Ltd. v. Addl. CIT, (2013) 350 ITR 651 (Bom), where there had been no application of mind to the relevant facts during the course of the assessment proceedings by the Assessing Officer, the reopening of the assessment was held to be valid. 2.9. The Hon’ble jurisdictional High Court in Girilal & Co. v. S.L. Meena, ITO, (2008) 300 ITR 432 (Bom), held that in order to invoke the extraor…

DCIT 1(2)(1), Mumbai vs. Intelnet Global Services P. Ltd, Mumbai

The appeal of the Revenue is dismissed

ITA 7428/MUM/2014[2007-08]Status: DisposedITAT Mumbai18 Nov 2016AY 2007-08

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwalassessment Year: 2007-08 Dcit-1(2)(1), M/S Intelnet Global Services R. No.535, 5Th Floor, Pvt. Ltd. Intelnet Towers, बनाम/ Aayakar Bhavan, Mindspace, Malad West, Vs. M. K. Road, Mumbai-400064 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aaaci7387P C.O. No.99/Mum/2016 (Arising Out Of Ita No.7428/Mum/2014) Assessment Year: 2007-08 M/S Intelnet Global Services Dcit-1(2)(1), Pvt. Ltd. Intelnet Towers, R. No.535, 5Th Floor, बनाम/ Mindspace, Malad West, Aayakar Bhavan, Vs. Mumbai-400064 M. K. Road, Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aaaci7387P

Section 10ASection 143(1)Section 143(2)Section 143(3)Section 147

…k & Veatch Consulting Pvt. Ltd. (2012) 348 ITR 002 (Bom.), 3 ITA No.7428/Mum/2013 & C.O. 99/Mum/2016 M/s Intelnet Global Services Pvt. Ltd. ii. Dalmia Pvt. Ltd vs CIT 348 ITR 469(Del.), iii. Export Credit Guarantee Corporation India Ltd. vs Addl. CIT (2013) 350 ITR 651 (Bom.) and iv. Consolidated Photo and Finvest Ltd. vs ACIT 281 ITR 394 (Del.) 2.2. On the other hand, the ld. counsel for the assessee, Shri S.K. Tyagi, defended the impugned order by contending that material facts were duly produced by the assessee before the Assessing Officer for which our attention was invited to various paras of the assessme…

DCIT 1(3), Mumbai vs. Universal Ferro & Allied Chemicals Ltd, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 1827/MUM/2013[2005-06]Status: DisposedITAT Mumbai25 May 2016AY 2005-06

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain: (A.Y : 2005-06)

For Appellant: Shri V. MohanFor Respondent: Shri A. Kumbhar

Section 143(1)Section 143(3)Section 147Section 148Section 154

…11 to 15 of the paper book are dt. 31.10.2007, i.e., prior to the completion of the assessment u/s 143(3) of the Act. The Ld. DR relied upon the judgment of the Export Credit Guarantee Corporation of India 8 M/s Universal Ferro & Allied Chemicals Ltd. Ltd., 350 ITR 651 (Bom) but on perusal of the judgment relied by the Ld. AR in the case of GKN Sinter Metals Ltd. (supra) it is observed that has been categorically mentioned in paragraph 16 as under :- “16. It is further submitted on behalf of the Revenue that so far as letter dated 27th December, 2004 issued by the Assessing Officer is concerned, same was of ge…

M/S. Sbi Capital Markets Ltd vs. The Dy CIT RG-4(2)

In the result, the assessee’s appeal is partly allowed

ITA 3789/MUM/2004[1994-1995]Status: DisposedITAT Mumbai24 Feb 2016AY 1994-1995

Bench: Shri Sanjay Arora, Am & Shri Amit Shukla, Jm आयकर अपील सं./I.T.A. No. 3789/Mum/2004 ("नधा"रण वष" / Assessment Year: 1994-95) Sbi Capital Markets Ltd. Dy. Cit, Range-4(2), बनाम/ 202, Maker Tower E, Mumbai Cuffe Parade, Mumbai-400 005 Vs. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacs 7914 E (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Nitesh Joshi ""यथ" क" ओर से/Respondent By : Shri Neil Phillip

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Neil Phillip

Section 143(3)Section 148Section 14ASection 35(1)(ii)Section 80Section 80G

…आयकर अपील"य अ"धकरण “आई” "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI "ी संजय अरोड़ा, लेखा सद"य एवं "ी अ"मत शु"ला, "या"यक सद"य के सम" । BEFORE SHRI SANJAY ARORA, AM AND SHRI AMIT SHUKLA, JM आयकर अपील सं./I.T.A. No. 3789/Mum/2004 ("नधा"रण वष" / Assessment Year: 1994-95) SBI Capital Markets Ltd. Dy. CIT, Range-4(2), बनाम/ 202, Maker Tower E, Mumbai Cuffe Parade, Mumbai-400 005 Vs. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. AAACS 7914 E (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant by : Shri Nitesh Joshi ""यथ" क" ओर से/Respondent by : Shri Neil Phillip सुनवाई क" तार"ख…

Tata Communications Ltd (Formerly Videsh Sanchar Nigam Ltd), Mumbai vs. Addl CIT RG 1(3), Mumbai

In the result, Department’s appeal is dismissed

ITA 3417/MUM/2009[2001-02]Status: DisposedITAT Mumbai29 Jan 2016AY 2001-02

Bench: Shri Saktijit Dey & Shri Ramit Kochar

For Appellant: Shri Dinesh Vyas, A.RFor Respondent: Shri G.M. Doss, D.R

Section 147Section 148Section 244ASection 250

…Ld. D.R. relied upon the following decisions: 1. Honda Siel Power Products Ltd. vs. DCIT (340 ITR 53) 2. Indian Hume Pipe Co. Ltd. (348 ITR 439) 3. ACIT vs. Manubhai Sons & Co. (18 SOT 297) 4. Export Credit Guarantee Corporation of India Ltd. vs. Addl. CIT (350 ITR 651) 12. The Ld. D.R. submitted, the assessee having not objected to the reopening of assessment before the AO and having participated in the reassessment proceeding he cannot challenge the reopening of assessment at the subsequent stage. For such proposition he relied upon the decision of ITAT in case of Sushil Kumar Jalan vs. ITO in ITA No.34/Gau/…

ACIT 1(3), Mumbai vs. Tata Communications Ltd ( Foprmerly Kknown As Videsh Sanchar Nigam, Ltd), Mumbai

In the result, Department’s appeal is dismissed

ITA 3326/MUM/2009[2001-02]Status: DisposedITAT Mumbai29 Jan 2016AY 2001-02

Bench: Shri Saktijit Dey & Shri Ramit Kochar

For Appellant: Shri Dinesh Vyas, A.RFor Respondent: Shri G.M. Doss, D.R

Section 147Section 148Section 244ASection 250

…Ld. D.R. relied upon the following decisions: 1. Honda Siel Power Products Ltd. vs. DCIT (340 ITR 53) 2. Indian Hume Pipe Co. Ltd. (348 ITR 439) 3. ACIT vs. Manubhai Sons & Co. (18 SOT 297) 4. Export Credit Guarantee Corporation of India Ltd. vs. Addl. CIT (350 ITR 651) 12. The Ld. D.R. submitted, the assessee having not objected to the reopening of assessment before the AO and having participated in the reassessment proceeding he cannot challenge the reopening of assessment at the subsequent stage. For such proposition he relied upon the decision of ITAT in case of Sushil Kumar Jalan vs. ITO in ITA No.34/Gau/…