Hexaware Technologies Ltd. v. ACIT

Ramesh Dandumal Chachlani, Ulhasnagar vs. Income Tax Officer Ward 2(2), Kalyan, Mumbia

In the result, the appeal filed by the assessee is allowed in above

Bench: Shri B R Baskaran & Shri Raj Kumar Chauhan

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI B R BASKARAN, ACCOUNTANT MEMBER AND SHRI RAJ KUMAR CHAUHAN, JUDICIAL MEMBER ITA NO. 4874/MUM/2024 (A.Y: 2015-16) Ramesh Dandumal Chachlani Jeevan Deep Tower, Flat No. 202, 203 O T Section, Ulhasnagar, Thane - 421001 Vs. PANT: AGLPC0540L (Appellant) Assessee Represented by Department Represented by Date of conclusion of Hearing Date of Pronouncement ITO Ward 2(2), Kalyan, Maharashtra - 421306 (Respondent) : Shri Dharan Gandhi, Ld. AR : Shri Hemanshu Joshi, Ld. DR : 21.02.2025 : 03.04.2025 ORDER PER RAJ KUMAR CHAUHAN (J.M.): 1. This appeal…

ACIT Circle-4(3)(1), Mumbai vs. Jmp Securities Pvt Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed and the cross objection filed by the assessee is allowed

Bench: Shri. Amarjit Singh, Am & Ms. Kavitha Rajagopal, Jm Acit, Circle-4(3)(1) Jmp Securities Pvt. Ltd. Aayakar Bhavan, M. K. Road, 801/806, 8Th Floor, Elite Square, 274, Churchgate, Mumbai – 400020. Vs. Perin Nariman St. Bazar Gate, Fort, Mumbai – 400001. Pan/Gir No. Aaacj8850C (Appellant) : (Respondent) C. O. No. 182/Mum/2024 (Arising Out Of Ita No. 3792/Mum/2024) (Assessment Year: 2017-18) Jmp Securities Pvt. Ltd. Acit, Circle-4(3)(1) 801/806, 8Th Floor, Elite Square, 274, Aayakar Bhavan, M. K. Road, Perin Nariman St. Bazar Gate, Fort, Vs. Churchgate, Mumbai – 400020. Mumbai – 400001. Pan/Gir No. Aaacj8850C (Appellant) : (Respondent) : Shri. Omkandalkar Assessee By Respondent By : Shri. Hemankumar Chimanlal Leuva Cit Dr. Date Of Hearing : 05.02.2025 Date Of Pronouncement : 27.03.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Revenue & Cross Objection Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short)

…he actions of the NFAC in upholding the validity of the notice issued under section 148 of the Act is in contravention of the Faceless Assessment Scheme as well as the law laid down by the Hon'ble Bombay High Court in Hexaware Technologies Ltd. v. ACIT [2024] 464 ITR 430 (Bombay) [03-05-2024]. Hence, the impugned order passed by the NFAC is bad in law. 5. The Assistant Commissioner of Income Tax, Circle 4(3)(1), Mumbai issued the notice dated 30.07.2022 under section 148 of the Act without assigning any Document Identification Number (DIN) to the same and the same is in contravention of the Circular No. 19/2019 d…

Assistant Commissioner of Income Tax-16(1), Mumbai vs. Viacom18 Media Private Limited, Mumbai

In the result, the appeal and the cross objection are dismissed

Bench: Shri Saktijit Dey, Vp & Shri Prabhash Shankar, Am Asst. Cit-16(1) Viacom18 Media Private Limited 6Th Floor, Zion Biz World, Room No. 439, Aaykar Bhavan, M. K. Road, Marine Lines, Vs. Subash Road A, Vile Parle (E), Mumbai-400 020 S.O., Mumbai – 400 057

…16) Viacom18 Media Private Limited validity of the reopening of the assessment u/s. 147 of the Act, the first appellate authority held that in view of the decision of Hon'ble Jurisdictional High Court in the case of Hexaware Technologies Ltd. vs. ACIT [2024] 464 ITR 430 (Bom), the reassessment is invalid. 9. Being aggrieved with the aforesaid decision of first appellate authority, the Revenue is in appeal before us. 10. We have considered rival submissions and perused the materials on record. It is evident, the disputed addition was made by the A.O. primarily relying upon certain information received as a re…

ACIT 19(1), Mumbai vs. M/S. Orbit Financial Capital, Mumbai

In the result, appeal filed by the Revenue is dismissed as infructuous and Cross Objection of the assessee is allowed

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ACIT 19(1) Vs. M/s. Orbit Financial 506, 5th Floor, Capital Piramal Chamber 7 Mehta Mahal, Lalbaug, 15 Mathew Road, Mumbai- 400012. Opera House, Charni Road, Maharashtra- 400007. PAN/GIR No.AACFO3151E (Appellant) .. (Respondent) C. O. No.287/M/2024 (Arising Out OfITA No.5812/M/2024) (Assessment Year :2015-16) M/s. Orbit Financial Vs. ACIT 19(1) Capital 506, 5th Floor, 7 Mehta Mahal, Piramal Chamber 15 Mathew Road, Lalbaug, Opera House, Mumbai- 400012. Charni Road, Maharashtra-…

Ashok Amratlal Shah, Mumbai vs. ITO Ward 42(1)(1), Mumbai

In the result, the appeals of the assessee bearing ITA Nos

Bench: Shri.B.R. Baskaran & Shri Anikesh Banerjee- A.Y. 2015-16 - A.Y. 2016-17 - A.Y. 2017-18

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI.B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER - A.Y. 2015-16 - A.Y. 2016-17 - A.Y. 2017-18 Ashok Amratlal Shah vs ITO WARD 42(1)(1), Mumbai B/20, New Tashkent Terrace Kautilya Bhavan, Bandra Kurla CHS LTD, R.C. Patel Road, Complex, Bandra (East), Mumbai- Borivali (West), Mumbai- 400 051 400092 PAN: ASAPS5944D APPLICANT RESPONDENT Assessee by : Ms. Kinjal Bhuta Respondent by : Shri Ram Krishn Kedia (SR DR) Date of hearing : 19/12/2024 Date of pronouncement : 31/12/2024 O R D E R PER ANIKESH BANERJEE, JM:…

Chemox Exports Imports Pvt Ltd, Mumbai vs. Income Tax Department, Assessment Unit, Delhi

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Bleι.Τ.Α. No. 3954/Mum/2024

…onsidered in the light of Rule 18(6) of ITAT Rules, 1963. 5. Explaining the facts of the case, the ld. Counsel for the assessee strongly relied upon the decision of the Hon'ble Bombay High Court in the case of Hexaware Technologies Ltd. vs. ACIT & Ors. [2024] 464 ITR 430 (Bom.) and read the operative part pointing out that the impugned notices under consideration are not only invalid but also bad in law. The ld. D/R could not bring any distinguishing decision in favour of the revenue. 6. We have given a thoughtful consideration to the orders of the authorities below. The impugned notices under challenge are as un…

ACIT Circle-4(3)(1), Mumbai vs. Jmp Securities Pvt Ltd, Mumbai

In the result, the cross objection by the assessee is allowed, while the Revenue’s appeal is dismissed

Bench: Ms. Padmavathy S & Shri. Sandeep Singh Karhail

…he actions of the NFAC in upholding the validity of the notice issued under section 148 of the Act is in contravention of the Faceless Assessment Scheme as well as the law laid down by the Hon'ble Bombay High Court in Hexaware Technologies Ltd. v. ACIT [2024] 464 ITR 430 (Bombay) [03-05- 2024]. Hence, the impugned order passed by the NFAC is bad in law. 5) The Appellant seeks leave to add, alter and amend the above grounds whenever required.” 4. In the interest of justice, the slight delay of 10 days in filing the appeal by the Revenue is condoned. 5. In its appeal, the Revenue has raised the ground challenging…