Gujarat Gas Company Ltd. v. JCIT

Hathway Investment Pvt Ltd., Mumbai vs. Asst CIT Circle-12 (2)(2), Mumbai

In the result, appeal is partly allowed

…IN THE INCOME TAX APPELLATE TRIBUNAL "H" BENCH, MUMBAI SHRI PRAMOD KUMAR, VICE PRESIDENT SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Hathway Investment Private Limited, Rahejas, 4th Floor, Corner of Main Avenue & V.P. Road, Santacruz (West), Mumbai - 400054 [PAN: AAACH1675B] ……………… Appellant Vs The Assistant Commissioner of Income-tax Circle – 12(2)(2), Mumbai, Room No. 145, 1st Floor, Aayakar Bhavan, M. K. Road, Mumbai - 400021 …………….… Respondent Appearances For the Appellant/ Assessee : Shri Vijay Mehta For the Respondent/Department Ms. Neha Thakur : Date of conclusion of hearing : 24.02.2022 Date of pronounceme…

Renaissance Services Bv, Mumbai vs. DDIT (It) 2(1), Mumbai

In the result, appeal of the assessee for A

…d result in a situation where it would go below the returned income, still the assessee would be entitled for the relief. Reliance in this regard is made on the decision of the Hon’ble Gujarat High Court in the case of Gujarat Gas Limited vs. JCIT reported in 245 ITR 84 and Milton Laminates Ltd., vs. CIT reported in 37 Taxmann.com 249 (Hon’ble Gujarat High Court). 12.1. On merits, the ld. DR also pointed out that during the year, the ld. AO treated the receipts from computer reservation system as equipment royalty which was not decided by the Tribunal in earlier years and accordingly he argued that the decision…

Hathway Investment Pvt Ltd., Mumbai vs. Asst CIT Circle-12 (2)(2), Mumbai

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

…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).…

M/S. Buro Happold Ltd., Mumbai vs. Dy CIT (International Taxation) -1(3)(2), Mumbai

In the result, the assessee appeal is partly allowed for statistical purposes

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalem/S. Buro Happold Ltd Vs. Dcit (It) – 1(3)(2) C/O. Urmi Axis, 6Th 1810, 18Th Floor, Air Floor, Famous Studio India Bldg, Lane, Dr. Emoses Road, Narimanpoint,Mumbai- Mahalaxmi, Mumbai – 400 021. 400011. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb9239Q Appellant .. Respondent Appellant By : Mr.Anuj Kisnadwala. Ar Respondent By : Mr.Milind Chavan, Sr. Dr Date Of Hearing 08.12.2021 Date Of Pronouncement 10.01.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Assessment Order Passed U/S 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 In Pursuance To The Directions Of The Dispute Resolution Panel (Drp) U/Sec144C(5) Of The Act.

…nts had been erroneously offered to tax by the assessee. He placed reliance on the decision of the Hon‟ble Gujarat High Court in the case of Milton Laminates Ltd., vs. CIT reported in 37 Taxmann.com 249 (Guj) and Gujarat Gas Company Ltd., vs. JCIT reported in 245 ITR 84. We find lot of force in the said arguments of the ld. AR and we find that issue involved in the additional ground and the regular ground No.1 was the subject matter of adjudication of this Tribunal in assessee‟s own case for A.Y.2014-15 in ITA No.7111/Mum/2017 dated 13/11/2019 wherein the exactly similar arguments were advanced by the ld. DR for…

Orix Auto Infrastructure Services Limited, Mumbai vs. Deputy Commissioner of Income Tax-10(3)(1), Mumbai

In the result, the appeal of the assessee is allowed

…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…

DCIT Cent. Cir. -5(3) (Erstwhile DCIT Cent. Cir. -36), Mumbai vs. Sumer Builders, Mumbai

In the result, appeal of the assessee is partly allowed as indicated above and appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Blem/S. Sumer Builders V. Dy. Commissioner Of Income-Tax Central Circle – 5(3) 201, Commerce House {Erstwhile Dcit, Central Circle – 36} 140, Nm Road, Fort Room No. 1906, 19Th Floor Mumbai – 400 023 Air India Building, Nariman Point Mumbai – 400 021 Pan: Aaafs2829R

…id grounds was that if the same are entertained it would lead to granting of a relief whereby the assessed income would be below the returned income. Ld. Counsel for the assessee urged that it has been held in various judgements, Gujarat Gas Co. Ltd. v. JCIT [245 ITR 84 (Gujarat)], CIT v. Milton Laminates 48 ITA NO.4915 & 5130/MUM/2016 (A.Y: 2011-12) M/s. Sumer Builders [218 Taxman 108 (Gujarat) (Mag)], that the Assessed Income could well be below the returned income if certain item is taxed which is otherwise not taxable in law. 57. Ld. Counsel for the assessee lastly contended that the apprehension of the Ld.…

Sumer Builders, Mumbai vs. DCIT Cen Cir 5(3), Mumbai

In the result, appeal of the assessee is partly allowed as indicated above and appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Blem/S. Sumer Builders V. Dy. Commissioner Of Income-Tax Central Circle – 5(3) 201, Commerce House {Erstwhile Dcit, Central Circle – 36} 140, Nm Road, Fort Room No. 1906, 19Th Floor Mumbai – 400 023 Air India Building, Nariman Point Mumbai – 400 021 Pan: Aaafs2829R

…id grounds was that if the same are entertained it would lead to granting of a relief whereby the assessed income would be below the returned income. Ld. Counsel for the assessee urged that it has been held in various judgements, Gujarat Gas Co. Ltd. v. JCIT [245 ITR 84 (Gujarat)], CIT v. Milton Laminates 48 ITA NO.4915 & 5130/MUM/2016 (A.Y: 2011-12) M/s. Sumer Builders [218 Taxman 108 (Gujarat) (Mag)], that the Assessed Income could well be below the returned income if certain item is taxed which is otherwise not taxable in law. 57. Ld. Counsel for the assessee lastly contended that the apprehension of the Ld.…

M/S Buro Happold Ltd, Mumbai vs. DCIT(It)-1(3)(2), Mumbai

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

Bench: Shri M.Balaganesh, Am & Shri Ram Lal Negi, Jm M/S. Buro Happold Ltd., Vs. Dcit(It)-1(3)(2) Famous Studio Lane Mumbai Dr. E Moses Road Mahalaxmi Mumbai, Maharashtra-400001 Pan/Gir No.Aabcb9239Q (Appellant) .. (Respondent)

…nts had been erroneously offered to tax by the assessee. He placed reliance on the decision of the Hon‟ble Gujarat High Court in the case of Milton Laminates Ltd., vs. CIT reported in 37 Taxmann.com 249 (Guj) and Gujarat Gas Company Ltd., vs. JCIT reported in 245 ITR 84. We find lot of force in the said arguments of the ld. AR and we find that issue involved in the additional ground and the regular ground No.1 was the subject matter of adjudication of this Tribunal in assessee‟s own case for A.Y.2014-15 in ITA No.7111/Mum/2017 dated 13/11/2019 wherein the exactly similar 7 M/s. Buro Happold Limited arguments we…

Mahesh Arun Gawli, Mumbai vs. Assistant Commissioner of Income Tax Circle 21(2), Mumbai

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Justice P P Bhatt & Shri M.Balaganesh, Am Shri Mahesh Arun Gawli Vs. Assistant Commissioner Of R.No.32, 3Rd Floor Income Tax, Geetai Chs Ltd., Circle 21(2), Mumbai B.J. Marg, Byculla (W) Mumbai – 400 001 Pan/Gir No.Ajapg8519M (Appellant) .. (Respondent) Mrs.Asha Arun Gawli Vs. Ito Ward 21(1)-2 Room No.32, 3Rd Floor 1St Floor, Piramal Chambers Geetai Chs Ltd., Lalbaug, Parel, B.J Marg, Byculla West Mumbai – 400 012 Mumbai – 400 011 Pan/Gir No.Aakpg1429M (Appellant) .. (Respondent) Ms.Yogita Arun Gawli Vs. Assistant Commissioner Of R.No.32, 3Rd Floor Income Tax, Geetai Chs Ltd., Circle 21(2), Mumbai B.J. Marg, Byculla (W) Mumbai – 400 001 Pan/Gir No.Aakpg1429M (Appellant) .. (Respondent) Dr. K.Shivaram-Sr. Advocate & Ms. Neelam Jadhav Revenue By Shri V. Vinodkumar- Sr. Ar Date Of Hearing 29/09/2020 Date Of Pronouncement 11/12/2020

…person. It is trite law that there is no estoppel against the statute. For the aspect that assessed income going below the returned income is concerned, 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 yet another decision of Hon‟ble Gujarat High Court in the case of Milton Laminates Ltd., vs. CIT reported in 37 Taxmann.com 249 had categorically held that assessed income could go below the returned income if there was obvious mistakes committed by either of the parties i.e., assessee or by the revenue. The underlying principle of these…

Jiten Bhavanji Vora, Mumbai vs. DCIT, CC- 7(4), Mumbai

In the result, appeal filed by the assessee is allowed

…h offered to tax is not taxable. (vii) The Hon'ble Andhra Pradesh High Court in the case of CIT v. Bakelite Hylam Ltd. [1999] 237 ITR 392(AP)(HC)[Pg 96-101 of P.Book II] as well Hon;ble Gujarat High Court in the case of Gujarat Gas Co. Ltd. v. Jt. CIT [2000] 245 ITR 84(Guj)(HC) [Pg 107-126 of P.Book II] has held after considering CBDT circular Circular No. 549, dated 31-10-1989 that Assessed income can fall below the returned income. In CIT v Bakelite Hylam Ltd (Supra) it was held as under : "..........we are inclined to hold that the assessing authority is entitled to determine the quantum of refund also in a…

Asst. CIT - 11(1)(2), Mumbai vs. Sangam India Ltd, Mumbai

In the result, appeals of the revenue are dismissed

Bench: Shri C.N.Prasad, Jm & Shri M.Balaganesh, Am

…ssee in the return of income. The department is entitled to collect only legitimate tax that are due from the assessee. Reliance in this regard is placed on the decision of the Hon‟ble Gujarat High Court in the case of Gujarat Gas Co. Ltd vs. JCIT reported in 245 ITR 84. We also find that in yet another decision, the Hon‟ble Gujarat High Court in the case of CIT vs. Milton Laminates Ltd., reported in 218 Taxman 108(Guj) after considering the decision of the Hon‟ble Supreme Court in the case of CIT vs. Shelly Products reported in 261 ITR 367 had held that assessed income could be below the returned income by obser…

Essar Ports Ltd, Mumbai vs. DCIT 5(1)(2), Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

Bench: Shri M.Balaganesh & Shri Ravish Soodm/S Essar Ports Ltd. Dcit, 5(1)(2) (Formerly Known As Essar Shipping Ports & Logistics Ltd.) Aayakar Bhavan, 11, K.K. Marg, Mahalaxmi, Vs. Mumbai - 400020 Mumbai – 400 034

…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 P a g e | 7 ITA No.1831/Mum/2015 A.Y. 2010-11 M/s Essar Ports Ltd. Vs. DCIT,5(1)(2) 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 observe…

Mentor Capital Ltd, Mumbai vs. DCIT Cen Cir 3(3), Mumbai

In the result, appeals of the assessee are allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…ssee has submitted before us that the action of the Ld. CIT(A) in rejecting the claim of the assessee on this ground was not justified. He has further relied upon the decision of the Hon'ble Gujarat High Court in the case of "Gujarat Gas Ltd. vs. JCIT" (2000) 245 ITR 84. In the said case, the words of the Circular No.549, para 5.12, dt. 31st October, 1989, providing that the assessed income under section 143(3) shall not be less than the returned income was considered by the Hon'ble High Court and it was held that as per proviso to section 119 of the Act, the Board cannot issue instructions to the Income Tax Auth…

Mentor Capital Ltd, Mumbai vs. DCIT Cen Cir 3(3), Mumbai

In the result, appeals of the assessee are allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…ssee has submitted before us that the action of the Ld. CIT(A) in rejecting the claim of the assessee on this ground was not justified. He has further relied upon the decision of the Hon'ble Gujarat High Court in the case of "Gujarat Gas Ltd. vs. JCIT" (2000) 245 ITR 84. In the said case, the words of the Circular No.549, para 5.12, dt. 31st October, 1989, providing that the assessed income under section 143(3) shall not be less than the returned income was considered by the Hon'ble High Court and it was held that as per proviso to section 119 of the Act, the Board cannot issue instructions to the Income Tax Auth…