Gujarat Gas Company Ltd. v. JCIT

SKY HIGH II LEASING COMPANY LIMITED ,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX) CIRCLE 4(2)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

…ssessee has over assessed itself in the return of income, the Tribunal can give relief to the assessee to the assessee is over assessed. Reliance in this regard is placed on the following decisions: Sr. Case Law Citation No. 1 Gujarat Gas Ltd. v. JCIT (2000) 245 ITR 84 (Guj HC) 2 Milton Laminates Ltd. v. CIT [2013] 37 taxmann.com 249 (Guj HC) 3 CIT v. Bakelite Hylam Ltd. [1999] 237 ITR 392 (AP HC) 4 Orix Auto Infrastructure ITA no. Services Limited v. DCIT 5408/Mum/2019 (Mum- Trib.) 64. Without prejudice to the above, the Appellant submits that the said amount has been inadvertently taxed twice by the departmen…

SKY HIGH LXXX LEASING COMPANY LIMITED ,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX) CIRCLE 4(2)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

…ssessee has over assessed itself in the return of income, the Tribunal can give relief to the assessee to the assessee is over assessed. Reliance in this regard is placed on the following decisions: Sr. Case Law Citation No. 1 Gujarat Gas Ltd. v. JCIT (2000) 245 ITR 84 (Guj HC) 2 Milton Laminates Ltd. v. CIT [2013] 37 taxmann.com 249 (Guj HC) 3 CIT v. Bakelite Hylam Ltd. [1999] 237 ITR 392 (AP HC) 4 Orix Auto Infrastructure ITA no. Services Limited v. DCIT 5408/Mum/2019 (Mum- Trib.) 64. Without prejudice to the above, the Appellant submits that the said amount has been inadvertently taxed twice by the departmen…

SKY HIGH LXXVIII LEASING COMPANY LIMITED ,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX) CIRCLE 4(2)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

…ssessee has over assessed itself in the return of income, the Tribunal can give relief to the assessee to the assessee is over assessed. Reliance in this regard is placed on the following decisions: Sr. Case Law Citation No. 1 Gujarat Gas Ltd. v. JCIT (2000) 245 ITR 84 (Guj HC) 2 Milton Laminates Ltd. v. CIT [2013] 37 taxmann.com 249 (Guj HC) 3 CIT v. Bakelite Hylam Ltd. [1999] 237 ITR 392 (AP HC) 4 Orix Auto Infrastructure ITA no. Services Limited v. DCIT 5408/Mum/2019 (Mum- Trib.) 64. Without prejudice to the above, the Appellant submits that the said amount has been inadvertently taxed twice by the departmen…

SKY HIGH LXXIX LEASING COMPANY LIMITED ,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX) CIRCLE 4(2)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

…ssessee has over assessed itself in the return of income, the Tribunal can give relief to the assessee to the assessee is over assessed. Reliance in this regard is placed on the following decisions: Sr. Case Law Citation No. 1 Gujarat Gas Ltd. v. JCIT (2000) 245 ITR 84 (Guj HC) 2 Milton Laminates Ltd. v. CIT [2013] 37 taxmann.com 249 (Guj HC) 3 CIT v. Bakelite Hylam Ltd. [1999] 237 ITR 392 (AP HC) 4 Orix Auto Infrastructure ITA no. Services Limited v. DCIT 5408/Mum/2019 (Mum- Trib.) 64. Without prejudice to the above, the Appellant submits that the said amount has been inadvertently taxed twice by the departmen…

DCIT CC-3(4) MUMBAI, MUMBAI vs. ESSAR PORTS LIMITED, MUMBAI

Appeal are dismissed, being bereft of merit and devoid of substance

Bench: Shri Amit Shukla, Hon’Ble & Shri Arun Khodpia, Hon’Bledcit Cc 3(4), Mumbai Essar Ports Limited 11, Keshavrao Khadye Marg 613, Kautilya Bhawan G Clock Mahalaxmi Vs Bkc Bandra, Mumbai – 400034 Mumbai – 400051, Maharastra Maharastra

…he assessee could not be brought below the returned income. On appeal, the CIT(A) upheld the aforesaid view of the A.O. However, the Tribunal by relying on the judgement of the Hon'ble High Court Gujarat in the case of Gujarat Gas Company Ltd. Vs. JCIT (2000) 245 ITR 84 (Guj) allowed the appeal of the assessee. On further appeal by the revenue, it was observed by the High Court that while giving the effect to the CITA) order in favour of the assessee, the resultant assessed income can go below the returned income It was observed by the Hon'ble High Court that the CBDT Circular No 549, dated 31 10.1989 which conte…

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

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

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE HON’BLE JUSTICE (RETD.) C V BHADANG, PRESIDENT & MS PADMAVATHY S, AM I.T.A. No. 4172/Mum/2013 (Assessment Year: 2009-10) Bajaj Electricals Limited, Addl.CIT-2(1), 45/47, Bombay Life Building, Veer Aayakar Bhavan, M.K. Road, Vs. Nariman Road, Fort, Mumbai-400001. Mumbai-400020. PAN: AAACB2484Q Appellant) : Respondent) I.T.A. No. 110/Mum/2016 (Assessment Year: 2010-11) Bajaj Electricals Limited, Addl.CIT-2(1), 51, Mulla House, M.G. Road, Aayakar Bhavan, M.K. Road, Vs. Fort, mumbai-400001. Mumbai-400020. PAN: AAACB2484Q Appellant) : Respondent) I.T.A. No.…

DCIT 2(1)(1), MUMBAI vs. BAJAJ ELECTRICALS LTD, MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

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

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE HON’BLE JUSTICE (RETD.) C V BHADANG, PRESIDENT & MS PADMAVATHY S, AM I.T.A. No. 4172/Mum/2013 (Assessment Year: 2009-10) Bajaj Electricals Limited, Addl.CIT-2(1), 45/47, Bombay Life Building, Veer Aayakar Bhavan, M.K. Road, Vs. Nariman Road, Fort, Mumbai-400001. Mumbai-400020. PAN: AAACB2484Q Appellant) : Respondent) I.T.A. No. 110/Mum/2016 (Assessment Year: 2010-11) Bajaj Electricals Limited, Addl.CIT-2(1), 51, Mulla House, M.G. Road, Aayakar Bhavan, M.K. Road, Vs. Fort, mumbai-400001. Mumbai-400020. PAN: AAACB2484Q Appellant) : Respondent) I.T.A. No.…

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

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

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE HON’BLE JUSTICE (RETD.) C V BHADANG, PRESIDENT & MS PADMAVATHY S, AM I.T.A. No. 4172/Mum/2013 (Assessment Year: 2009-10) Bajaj Electricals Limited, Addl.CIT-2(1), 45/47, Bombay Life Building, Veer Aayakar Bhavan, M.K. Road, Vs. Nariman Road, Fort, Mumbai-400001. Mumbai-400020. PAN: AAACB2484Q Appellant) : Respondent) I.T.A. No. 110/Mum/2016 (Assessment Year: 2010-11) Bajaj Electricals Limited, Addl.CIT-2(1), 51, Mulla House, M.G. Road, Aayakar Bhavan, M.K. Road, Vs. Fort, mumbai-400001. Mumbai-400020. PAN: AAACB2484Q Appellant) : Respondent) I.T.A. No.…

ACIT- 4 2 1, MUMBAI CITY vs. HATHWAY INVESTMENTS PVT LTD, MUMBAI

In the result, both the revenue’s appeals are dismissed, whereas the cross objections filed by the Assessee’s are allowed, for statistical purposes

Bench: Shri Narender Kumar Choudhryshri Prabhash Shankar & Co No. 90/Mum/2025 {Assessment Year: 2014-15} A N D & Co No. 91/Mum/2025 {Assessment Year: 2017-18}

…e tax can only be levied by the authority of law. The Hon‟ble Andhra Pradesh High Court in the case of CIT v. Bakelite Hylam Limited(1999) 237 ITR 392(AP) as well Hon’ble Gujarat High Court in the case of Gujarat Gas Company Limited v. JCIT reported in (2000) 245 ITR 84(Guj) has taken a similar view. Hon‟ble Gujarat High Court in the case of Gujarat Gas Company Limited(supra) has arrived at the said decision after considering CBDT circular No. 549 dated 31-10-1989 (1990) 182 ITR (st) 1 while arriving at the said decision that assessed income can fall below returned income in proceedings u/s 143(3) r.w.s. 143(2).…

ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI CITY vs. HATHWAY INVESTMENTS PVT LTD, MUMBAI

In the result, both the revenue’s appeals are dismissed, whereas the cross objections filed by the Assessee’s are allowed, for statistical purposes

Bench: Shri Narender Kumar Choudhryshri Prabhash Shankar & Co No. 90/Mum/2025 {Assessment Year: 2014-15} A N D & Co No. 91/Mum/2025 {Assessment Year: 2017-18}

…e tax can only be levied by the authority of law. The Hon‟ble Andhra Pradesh High Court in the case of CIT v. Bakelite Hylam Limited(1999) 237 ITR 392(AP) as well Hon’ble Gujarat High Court in the case of Gujarat Gas Company Limited v. JCIT reported in (2000) 245 ITR 84(Guj) has taken a similar view. Hon‟ble Gujarat High Court in the case of Gujarat Gas Company Limited(supra) has arrived at the said decision after considering CBDT circular No. 549 dated 31-10-1989 (1990) 182 ITR (st) 1 while arriving at the said decision that assessed income can fall below returned income in proceedings u/s 143(3) r.w.s. 143(2).…

ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI vs. ESSAR PORTS LTD., MUMBAI

In the result, appeal of the Revenue is dismissed

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

…the assessee could not be brought below the returned income. On appeal, the CIT(A) upheld the aforesaid view of the A O However the Tribunal by relying on the judgement of the Hon'ble High Court Gujarat in the case of Gujarat Gas Company Ltd. Vs. JCIT (2000) 245 ITR 84 (Guj) allowed the appeal of the assessee. On further appeal by the revenue, it was observed by the High Court that while giving the effect to the CIT(A) order in favour of the assessee, the resultant assessed income can go below the returned income. It was observed by the Hon'ble High Court that the CBDT Circular No. 549, dated 31 10.1989 which co…

STRIDES SHASUN LTD,NAVI MUMBAI vs. DCIT CIR 15(3)(2), MUMBAI

In the result, appeal of assessee is partly allowed

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.932 /मुं/2017 (िन.व. 2012-13) Strides Pharma Science Limited [Formerly Known As Strides Arcolab Limited/ Strides Shasun Limited] 201, Devavrata, Sector -17, Vashi, Navi Mumbai – 400 703 Pan: Aadcs-8104-P ...... अपीलाथ"/Appellant बनाम Vs. The Deputy Commissioner Of Income Tax Circle – 15(3)(2), Mumbai Room No.451, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Nitesh Joshi, Advocate With Shri Ninand Patade "ितवादी "ारा/Respondent By : Shri Anoop Hiwase सुनवाई क" ितिथ/ Date Of Hearing : 26/10/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 15 /01/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 23/01/2017 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [In Short ‘The Act’], For The Assessment Year 2012-13. 2. The Assessee In Appeal Has Raised As Many As 12 Grounds. Shri Nitesh Joshi, Advocate Appearing On Behalf Of The Assessee Submitted At The Outset

…We are conscious of the fact that this deletion of suomoto disallowance would result in assessed income going below the returned income. In this regard, we find that the Hon’ble Gujarat High Court in the case of Gujarat Gas Company Ltd., vs. JCIT reported in 245 ITR 84 and also in later decision in the case of Milton Laminates Ltd., vs CIT reported in 37 Taxmann.com 249 had categorically held that the assessed income could go below the returned income if assessee had disclosed certain income which is not supposed to be disclosed as per law. Respectfully following the said decision, we direct the ld. AO to delete…

STRIDES SHASUN LTD,NAVI MUMBAI vs. DCIT CIR 15(3)(2), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.7400 /मुं/2017 (िन.व. 2013-14) Strides Pharma Science Limited [Formerly Known As Strides Arcolab Limited/ Strides Shasun Limited] 201, Devavrata, Sector -17, Vashi, Navi Mumbai – 400 703 Pan: Aadcs-8104-P ...... अपीलाथ"/Appellant बनाम Vs. The Deputy Commissioner Of Income Tax Circle – 15(3)(2), Mumbai Room No.451, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Nitesh Joshi, Advocate With Shri Ninand Patade "ितवादी "ारा/Respondent By : Shri Anoop Hiwase & Dr. Samuel Pitta सुनवाई क" ितिथ/ Date Of Hearing : 30/10/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 15/01/2024 /01/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 30/10/2017 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [In Short ‘The Act’], For The Assessment Year 2013-14. 2 2. The Assessee In Appeal Has Raised Ten Grounds Of Appeal. The Assessee Has Also Raised Additional Grounds Of Appeal Vide Application Dated 26/10/2023. 3. The Ground No.1 Of Appeal Is General In Nature, Hence, Require No Separate Adjudication.

…We are conscious of the fact that this deletion of suomoto disallowance would result in assessed income going below the returned income. In this regard, we find that the Hon’ble Gujarat High Court in the case of Gujarat Gas Company Ltd., vs. JCIT reported in 245 ITR 84 and also in later decision in the case of Milton Laminates Ltd., vs CIT reported in 37 Taxmann.com 249 had categorically held that the assessed income could go below the returned income if assessee had disclosed certain income which is not supposed to be disclosed as per law. Respectfully following the said decision, we direct the ld. AO to delete…

CYQYATOR MEDIA PRIVATE LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-6(2)(1), MUMBAI

In the result, appeal of the assessee is partly allowed in the terms aforesaid

Bench: Shri Vikas Awasthy& Shri Amarjit Singh आअसं.2370 /मुं/2023 (िन.व. 2015-16) Cyquator Media Services Private Limited, 18Th Floor, A Wing Marathon Futurex, N.M.Joshi Marg, Lower Parel, Mumbai – 400 013. Pan: Aaecp-0069-P ...... अपीलाथ"/Appellant बनाम Vs. Asstt.Commissioner Of Income Tax Central Circle – 6(2)(1), Mumbai Aaykar Bhavan, M.K.Road, Mumbai – 400 021 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Jay Bhansali "ितवादी "ारा/Respondent By : Shri Prabhat Kumar Gupta सुनवाई क" ितिथ/ Date Of Hearing : 18/10/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 23/10/2023 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi[ In Short ‘The Cit(A)’] Dated 21/06/2023, For The Assessment Year 2015- 16. 2. The Assessee In Appeal Has Raised As Many As Eight Grounds. All The Grounds Of Appeal Are In Respect Of A Single Issue I.E. Disallowance U/S. 14A Of 2 The Income Tax Act, 1961 [In Short ‘The Act’] R.W. Rule 8D Of The Income Tax Rules, 1962 [In Short ‘The Rules’].

…vs. Milton Laminates Ltd., 37 taxmann.com 249 has held that while giving effect to an order, the Assessing Officer can compute income lower than that returned. Similar view has been expressed by Hon'ble High Court in the case of Gujarat Gas Co. Ltd. vs. ACIT, 245 ITR 84 (Guj). Moreover, the legal position that the State cannot collect taxes from its subjects more than what is due, cannot be ignored. 7. In the light of the aforesaid decisions the revised working on suo-motu disallowance made by the assessee u/s. 14A of the Act is admitted and is restored to the file of Assessing Officer for denovo examination. Th…

STRIDES SHASUN LTD,NAVI MUMBAI vs. DCIT CIR 15(3)(2), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2011-12

…We are conscious of the fact that this deletion of suomoto disallowance would result in assessed income going below the returned income. In this regard, we find that the Hon’ble Gujarat High Court in the case of Gujarat Gas Company Ltd., vs. JCIT reported in 245 ITR 84 and also in later decision in the case of Milton Laminates Ltd., vs CIT reported in 37 Taxmann.com 249 had categorically held that the assessed income could go below the returned income if assessee had disclosed certain income which is not supposed to be disclosed as per law. Respectfully following the said decision, we direct the ld. AO to delete…