ITO v. Premanand

25 SOT 11Income Tax Appellate Tribunal2008#2082 most cited

What is ITO v. Premanand authority for?

An income tax addition cannot be sustained if it is based merely on observations or proceedings from other departments (like Sales Tax) without independent verification and enquiry by the Assessing Officer, especially where the assessee has discharged its primary onus and the right to cross-examination has been denied.

55

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2023.

Also referred to as

ITO v. Premanand · Premanand Jodhpur ITAT · 25 SOT 11 · section 147 · assessment based on Sales Tax observations · independent verification by AO · no cross-examination · natural justice · primary onus discharged · borrowed satisfaction

Issues it is cited on

section 147(1)section 147(b)section 147(a)third party informationsection 43canon application of mindsection 40a(2)live linkrejection of books of accountborrowed satisfactionsection 50entry operator

Judgments citing ITO v. Premanand

Income Tax Officer, Ward-3(3), Thane vs. M/S. Shr Industries, Thane

In the result, appeals of the revenue are dismissed

ITA 5012/MUM/2019[2010-11]Status: DisposedITAT Mumbai05 Mar 2021AY 2010-11

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

For Appellant: NoneFor Respondent: Shri Vijay Kumar Menon
Section 143(3)Section 147Section 271(1)(c)

…thout purchases. He has further placed reliance on the decision rendered by Hon’ble Gujarat High Court in the case of CIT Vs. M.K. Brothers (163 ITR 249). He has further relied upon the decision rendered by the Tribunal in the case of ITO Vs. Premanand (2008)(25 SOT 11)(Jodh), wherein it has been held that where the AO has made addition merely on the basis of observations made by the Sales tax dept and has not conducted any independent enquiries for making the addition especially in a case where the assessee has discharged its primary onus of showing books of account, payment by way of account payee cheque and pr…

ITO 12 (1)(2), Mumbai vs. Selvaraj Anthony Muthu Chettiar, Mumbai

In the result, appeal of the revenue is dismissed

ITA 4642/MUM/2019[2009-10]Status: DisposedITAT Mumbai05 Mar 2021AY 2009-10

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

For Appellant: NoneFor Respondent: Shri Vijay Kumar Menon
Section 143(3)Section 147Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “E” BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA.NO. 4642/MUM/2019 (A.Y: 2009-10) Income Tax Officer – 12(1)(2) v. Selvaraj Anthony Muthu Chettiar Gala No. 2058, 2nd Floor Room No. 146A, 1st Floor Nirman Ind. Estate Aayakar Bhavan, M.K. Road Mumbai – 400 020 Village Chincholi Link Road Malad(W), Mumbai – 400 064 PAN: AABPA2776L (Appellant) (Respondent) Assessee by : None Department by : Shri Vijay Kumar Menon Date of Hearing : 16.02.2021 Date of Pronouncement : 05.03.2021 O R D E R PER…

ITO, Ward-20(3)(2), Mumbai vs. Mr. Sadiq Mohammed Hussain Dadan, Mumbai

In the result, appeals of the revenue are dismissed

ITA 4560/MUM/2019[2010-11]Status: DisposedITAT Mumbai05 Mar 2021AY 2010-11

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

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Vijay Kumar Menon
Section 143(3)Section 147Section 271(1)(c)

…thout purchases. He has further placed reliance on the decision rendered by Hon’ble Gujarat High Court in the case of CIT Vs. M.K. Brothers (163 ITR 249). He has further relied upon the decision rendered by the Tribunal in the case of ITO Vs. Premanand (2008)(25 SOT 11)(Jodh), wherein it has been held that where the AO has made addition merely on the basis of observations made by the Sales tax dept and has not conducted any independent enquiries for making the addition especially in a case where the assessee has discharged its primary onus of showing books of account, payment by way of account payee cheque and pr…

ITO, Ward-20(3)(2), Mumbai vs. Mr. Sadiq Mohammed Hussain Dadan, Mumbai

In the result, appeals of the revenue are dismissed

ITA 4559/MUM/2019[2009-10]Status: DisposedITAT Mumbai05 Mar 2021AY 2009-10

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

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Vijay Kumar Menon
Section 143(3)Section 147Section 271(1)(c)

…thout purchases. He has further placed reliance on the decision rendered by Hon’ble Gujarat High Court in the case of CIT Vs. M.K. Brothers (163 ITR 249). He has further relied upon the decision rendered by the Tribunal in the case of ITO Vs. Premanand (2008)(25 SOT 11)(Jodh), wherein it has been held that where the AO has made addition merely on the basis of observations made by the Sales tax dept and has not conducted any independent enquiries for making the addition especially in a case where the assessee has discharged its primary onus of showing books of account, payment by way of account payee cheque and pr…

ACIT- Circle- 6(2)(1), Mumbai vs. Creative Electrical Innovative Pvt. Ltd., Mumbai

In the result, appeal of the revenue is dismissed

ITA 5389/MUM/2018[2011-12]Status: DisposedITAT Mumbai11 Feb 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Bleacit – Circle - 6(2)(1) V. M/S. Creative Electrical Innovative Pvt. Ltd., Unit No. 12, 18B, Hammer Smith Indl. Estate Room No. 504, 5Th Floor Pathare Marg, Off. Sitala Devi Temple Road Aayakar Bhavan Mahim (W), Mumbai - 400016 M.K. Road Mumbai – 400 020 Pan: Aadcc4035H (Appellant) (Respondent) Assessee By : None Department By : Ms. Shreekala Pardeshi

For Appellant: NoneFor Respondent: Ms. Shreekala Pardeshi
Section 143(3)Section 147Section 271(1)(c)

…thout purchases. He has further placed reliance on the decision rendered by Hon’ble Gujarat High Court in the case of CIT Vs. M.K. Brothers (163 ITR 249). He has further relied upon the decision rendered by the Tribunal in the case of ITO Vs. Premanand (2008)(25 SOT 11)(Jodh), wherein it has been held that where the AO has made addition merely on the basis of observations made by the Sales tax dept and has not conducted any independent enquiries for making the addition especially in a case where the assessee has discharged its primary onus of showing books of account, payment by way of account payee cheque and pr…

ACIT-4(2)(1), Mumbai vs. M/S.Vgc Diamond Private Limited, Mumbai

The appeal of the assessee is allowed, and appeal of the Assessing Officer is dismissed

ITA 7004/MUM/2017[2014-15]Status: DisposedITAT Mumbai08 Jul 2020AY 2014-15

Bench: Shri Pawan Singh, Jm& Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 7004/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2014-15)

For Appellant: Mrs. SamathaFor Respondent: Shri Vimal Punamiya, AR
Section 133(6)Section 143(2)Section 143(3)Section 271(1)(c)Section 68

…financial resources at their disposal;" Sales Tax department acknowledge that purchases are genuine. BALAJI TEXTILE INDUSTRIES P LTD v. ITO 49 ITD 177 (MUMBAI -ITAT) AO failed to discharge his duty to prove the transaction as bogus- ITO Vr. Permanand (2008 25 SOT 11), DCIT vrs. Shri Rajeev G. Kalathil (Mum) Trib (ITA No. 6727/Mum/2012 dated 20/08/2014). 32 I.T.A. No. 7004/Mum/2017 M/s VGC Diamond Pvt. Ltd Payments were made by account payee cheques. This fact would over shadow all other short comings. MATHER & PLATT (INDIA) LTD v. CIT 168 ITR 493 CAL ITO v. KASHMIR IND. PALACE 99 TAXMANN (CHD)(MAG) RAMANAN…

Vijay B Shah (HUF), Mumbai vs. ITO-17(3)(5), Mumbai

In the result, appeal of the assessee is allowed

ITA 913/MUM/2019[2009-10]Status: DisposedITAT Mumbai13 Mar 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blevijay B Shah (Huf) V. Income Tax Officer – 17(3)(5) Room No.137 12A Giriraj Building Aayakar Bhavan, M.K. Road St Road, Carnac Bunder Mumbai – 400 020 Mumbai – 400 092 Pan: Aabhv7438J (Appellant) (Respondent) Assessee By : None Department By : Smt Samatha Mullamuddi

For Appellant: NoneFor Respondent: Smt Samatha Mullamuddi
Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER Vijay B Shah (HUF) v. Income Tax Officer – 17(3)(5) Room No.137 12A Giriraj Building Aayakar Bhavan, M.K. Road St Road, Carnac Bunder Mumbai – 400 020 Mumbai – 400 092 PAN: AABHV7438J (Appellant) (Respondent) Assessee by : None Department by : Smt Samatha Mullamuddi Date of Hearing : 26.02.2020 Date of Pronouncement : 13.03.2020 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learned Commissioner of Inc…

ITO, Ward-1(2), Mumbai vs. Mehul Indukumar Parekh, Mumbai

In the result, appeals of the revenue are dismissed

ITA 1314/MUM/2019[201-12]Status: DisposedITAT Mumbai13 Mar 2020

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

For Appellant: Shri Deepak RajeFor Respondent: Shri Bheraram
Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NOs. 1312, 1313 & 1314/MUM/2019 (A.Ys: 2009-10, 2010-11 & 2011-12) Income Tax Officer – 1(2) v. Shri Mehul Indukumar Parekh Room No. 24, 6th Floor 136/6, Jay Neminath Darshan Ashar I.T Park, Road No. 16Z Garden Lane, Sanghani Estate Ghatkopar (W), Mumbai – 400 088 Wagle Industrial Estate Thane – 400 604 PAN: AIXPP7863R (Appellant) (Respondent) Assessee by : Shri Deepak Raje Department by : Shri Bheraram Date of Hearing : 04.03.2020 Date of Prono…

ITO, Ward-1(2), Mumbai vs. Mehul Indukumar Parekh, Mumbai

In the result, appeals of the revenue are dismissed

ITA 1313/MUM/2019[2010-11]Status: DisposedITAT Mumbai13 Mar 2020AY 2010-11

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

For Appellant: Shri Deepak RajeFor Respondent: Shri Bheraram
Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NOs. 1312, 1313 & 1314/MUM/2019 (A.Ys: 2009-10, 2010-11 & 2011-12) Income Tax Officer – 1(2) v. Shri Mehul Indukumar Parekh Room No. 24, 6th Floor 136/6, Jay Neminath Darshan Ashar I.T Park, Road No. 16Z Garden Lane, Sanghani Estate Ghatkopar (W), Mumbai – 400 088 Wagle Industrial Estate Thane – 400 604 PAN: AIXPP7863R (Appellant) (Respondent) Assessee by : Shri Deepak Raje Department by : Shri Bheraram Date of Hearing : 04.03.2020 Date of Prono…

ITO, Ward-1(2), Mumbai vs. Mehul Indukumar Parekh, Mumbai

In the result, appeals of the revenue are dismissed

ITA 1312/MUM/2019[2009-10]Status: DisposedITAT Mumbai13 Mar 2020AY 2009-10

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

For Appellant: Shri Deepak RajeFor Respondent: Shri Bheraram
Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NOs. 1312, 1313 & 1314/MUM/2019 (A.Ys: 2009-10, 2010-11 & 2011-12) Income Tax Officer – 1(2) v. Shri Mehul Indukumar Parekh Room No. 24, 6th Floor 136/6, Jay Neminath Darshan Ashar I.T Park, Road No. 16Z Garden Lane, Sanghani Estate Ghatkopar (W), Mumbai – 400 088 Wagle Industrial Estate Thane – 400 604 PAN: AIXPP7863R (Appellant) (Respondent) Assessee by : Shri Deepak Raje Department by : Shri Bheraram Date of Hearing : 04.03.2020 Date of Prono…

R No. 25 B Wing 6Th Floor Ahsar It Park Wagle Indil. Estate Road No 16Z Thane West, Thane vs. Shri. Jignesh Amrutlal Shah, Thane

In the result, appeal of the revenue is dismissed

ITA 1267/MUM/2019[2010-11]Status: DisposedITAT Mumbai13 Mar 2020AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleincome Tax Officer -2(1) V. Shri Jignesh Amrutlal Shah Room No. 25, B-Wing, 6Th Floor A/203, Walchand Complex 90 Feet Road, Bhayander(W) Ashar I.T Park, 6Th Floor Thane – 401 101 Road No. 16Z Wagle Industrial Estate Pan:Accps2511E Thane – 400 604 (Appellant) (Respondent) Assessee By : Shri Jignesh Amrutlal Department By : Shri Bheraram

For Appellant: Shri Jignesh AmrutlalFor Respondent: Shri Bheraram
Section 133(6)Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER Income Tax Officer -2(1) v. Shri Jignesh Amrutlal Shah Room No. 25, B-Wing, 6th Floor A/203, Walchand Complex 90 Feet Road, Bhayander(W) Ashar I.T Park, 6th Floor Thane – 401 101 Road No. 16Z Wagle Industrial Estate PAN:ACCPS2511E Thane – 400 604 (Appellant) (Respondent) Assessee by : Shri Jignesh Amrutlal Department by : Shri Bheraram Date of Hearing : 03.03.2020 Date of Pronouncement : 13.03.2020 O R D E R PER C.N. PRASAD (JM) 1. This appeal is f…

ITO Ward 3 (2), Thane vs. Shri. Premkumar Shehgal, Thane

In the result, appeal of the revenue is dismissed

ITA 1262/MUM/2019[2009-10]Status: DisposedITAT Mumbai13 Mar 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleincome Tax Officer -3(2) V. Shri Premkumar Shehgal Gala No. 09, Gupta Deshpande Estate Room No. 4, B-Wing, 6Th Floor Pokhran Road No.1, Upavan Ashar I.T Park, 6Th Floor Thane – 400 604 Road No. 16Z Wagle Industrial Estate Pan:Accps1803K Thane – 400 604 (Appellant) (Respondent) Assessee By : Ms. Sandhya Rathi Department By : Shri Bheraram

For Appellant: Ms. Sandhya RathiFor Respondent: Shri Bheraram
Section 143(3)Section 147Section 271(1)(c)

…thout purchases. He has further placed reliance on the decision rendered by Hon’ble Gujarat High Court in the case of CIT Vs. M.K. Brothers (163 ITR 249). He has further relied upon the decision rendered by the Tribunal in the case of ITO Vs. Premanand (2008)(25 SOT 11)(Jodh), wherein it has been held that where the 6 Shri Premkumar Shehgal AO has made addition merely on the basis of observations made by the Sales tax dept and has not conducted any independent enquiries for making the addition especially in a case where the assessee has discharged its primary onus of showing books of account, payment by way of ac…

Income Tax Officer Ward 1(4), Mumbai vs. Jagdish R Panchal, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 5337/MUM/2018[2009-10]Status: DisposedITAT Mumbai28 Feb 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleincome Tax Officer – 1(4) V. Jagdish R. Panchal Room No. 11, B-Wing B-504, Vasant Vihar Society Ashar I.T Park, 6Th Floor Ghatipada Road, Mulund (W) Road No. 16Z Mumbai – 400 080 Wagle Industrial Estate Thane – 400 604 Pan: Aijpp8167C (Assessee) (Respondent) Assessee By : None

For Appellant: NoneFor Respondent: Ms. Samatha Mullamudi
Section 133(6)Section 143(3)Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER Income Tax Officer – 1(4) v. Jagdish R. Panchal Room No. 11, B-Wing B-504, Vasant Vihar Society Ashar I.T Park, 6th Floor Ghatipada Road, Mulund (W) Road No. 16Z Mumbai – 400 080 Wagle Industrial Estate Thane – 400 604 PAN: AIJPP8167C (Assessee) (Respondent) Assessee by : None Department by : Ms. Samatha Mullamudi Date of Hearing : 25.02.2020 Date of Pronouncement : 28.02.2020 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the Revenue aga…

ITO - WD- 4 (1), Thane vs. Apollo Industrial Corporation, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 5739/MUM/2018[2010-11]Status: DisposedITAT Mumbai22 Nov 2019AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Bleincome Tax Officer – 4(1) V. M/S. Apollo Industrial Corporation Room No. 3 Gala No. 14, Indo Industrial Estate Ashar I.T Park, 6Th Floor Navghar Village, Plot No. 01 A-Wing, Road No. 16Z Vasai (E) - 401210 Wagle Industrial Estate Thane – 400 604 Pan: Aabfa2803Q (Assessee) (Respondent) Assessee By : Ms. Neha Paranjpe

For Appellant: Ms. Neha ParanjpeFor Respondent: Shri S. Michael Jerald
Section 133(6)Section 143(3)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, HON'BLE ACCOUNTANT MEMBER Income Tax Officer – 4(1) v. M/s. Apollo Industrial Corporation Room No. 3 Gala No. 14, Indo Industrial Estate Ashar I.T Park, 6th Floor Navghar Village, Plot No. 01 A-Wing, Road No. 16Z Vasai (E) - 401210 Wagle Industrial Estate Thane – 400 604 PAN: AABFA2803Q (Assessee) (Respondent) Assessee by : Ms. Neha Paranjpe Department by : Shri S. Michael Jerald Date of Hearing : 14.11.2019 Date of Pronouncement : 22.11.2019 O R D E R PER C.N. PRASAD (J…

Munna Biddu Rein, Mumbai vs. Income Tax Officer-26(2)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 4775/MUM/2017[2009-10]Status: DisposedITAT Mumbai28 Aug 2019AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Blemunna Biddu Rein V. Income Tax Officer-26(2)(3) B-801, Udyan Complex Aayakar Bhavan Marol, Andheri (E) Mumbai – 400 021 Mumbai – 400 072 Pan: Adhpr3153P (Appellant) (Respondent) Assessee By : Ms Ketki Rajeshirke & Shri Rashmikant C. Modi Department By : Shri D.G. Pansari

For Appellant: Ms Ketki Rajeshirke &For Respondent: Shri D.G. Pansari
Section 133(6)Section 143(3)Section 147Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI RAJESH KUMAR, HON'BLE ACCOUNTANT MEMBER Munna Biddu Rein v. Income Tax Officer-26(2)(3) B-801, Udyan Complex Aayakar Bhavan Marol, Andheri (E) Mumbai – 400 021 Mumbai – 400 072 PAN: ADHPR3153P (Appellant) (Respondent) Assessee by : Ms Ketki Rajeshirke & Shri Rashmikant C. Modi Department by : Shri D.G. Pansari Date of Hearing : 10.06.2019 Date of Pronouncement : 28.08.2019 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learned Commissioner of In…

Diamond Creations, Mumbai vs. Assistant Commission of Income Tax, Central Circle - 1(2), Mumbai

In the result, appeals of the assessee are allowed

ITA 6295/MUM/2017[2010-11]Status: DisposedITAT Mumbai08 Aug 2019AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria
Section 133(6)Section 143(3)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH, HON'BLE ACCOUNTANT MEMBER ITA NOs. 6293, 6294 & 6295/MUM/2017 (A.Ys: 2007-08, 2008-09 & 2010-11) M/s. Diamond Creations v. ACIT, Central Circle – 1(2) 132, Shreeji Chamber 9th Floor, Old CGO Building Tata Road No.2, Opera House M.K. Road, Mumbai – 400 020 Mumbai – 400 004 PAN: AAAFD0315P (Appellant) (Respondent) Assessee by : None Department by : Shri Chaitanya Anjaria Date of Hearing : 02.08.2019 Date of Pronouncement : 08.08.2019 O R D E R PER C.N. PRASAD (JM) 1. All these app…

Diamond Creations, Mumbai vs. Assistant Commission of Income Tax, Central Circle - 1(2), Mumbai

In the result, appeals of the assessee are allowed

ITA 6294/MUM/2017[2008-09]Status: DisposedITAT Mumbai08 Aug 2019AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria
Section 133(6)Section 143(3)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH, HON'BLE ACCOUNTANT MEMBER ITA NOs. 6293, 6294 & 6295/MUM/2017 (A.Ys: 2007-08, 2008-09 & 2010-11) M/s. Diamond Creations v. ACIT, Central Circle – 1(2) 132, Shreeji Chamber 9th Floor, Old CGO Building Tata Road No.2, Opera House M.K. Road, Mumbai – 400 020 Mumbai – 400 004 PAN: AAAFD0315P (Appellant) (Respondent) Assessee by : None Department by : Shri Chaitanya Anjaria Date of Hearing : 02.08.2019 Date of Pronouncement : 08.08.2019 O R D E R PER C.N. PRASAD (JM) 1. All these app…

Diamond Creations, Mumbai vs. Assistant Commission of Income Tax, Central Circle - 1(2), Mumbai

In the result, appeals of the assessee are allowed

ITA 6293/MUM/2017[2007-08]Status: DisposedITAT Mumbai08 Aug 2019AY 2007-08

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria
Section 133(6)Section 143(3)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH, HON'BLE ACCOUNTANT MEMBER ITA NOs. 6293, 6294 & 6295/MUM/2017 (A.Ys: 2007-08, 2008-09 & 2010-11) M/s. Diamond Creations v. ACIT, Central Circle – 1(2) 132, Shreeji Chamber 9th Floor, Old CGO Building Tata Road No.2, Opera House M.K. Road, Mumbai – 400 020 Mumbai – 400 004 PAN: AAAFD0315P (Appellant) (Respondent) Assessee by : None Department by : Shri Chaitanya Anjaria Date of Hearing : 02.08.2019 Date of Pronouncement : 08.08.2019 O R D E R PER C.N. PRASAD (JM) 1. All these app…

Shantilal B. Parekh, Mumbai vs. Income Tax Officer-3(4), Kalyan

In the result, appeal of the assessee in ITA No

ITA 4262/MUM/2017[2010-11]Status: DisposedITAT Mumbai04 Feb 2019AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4261 & 4262/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 & 2010-11) बिाम/ Shri Shantilal B. Parekh Ito-3(4), Flat No. 24, 6Th Floor, 2Nd Floor, Rani Mansion, Gaurav Apt. , Murbad Road, V. Sarvoday Nagar, Kalyan(W)- 421301 Nahur Village Road, Mulund (W), Mumbai-400080 स्थायी ऱेखा सं./ Pan: Akcpp9255C Assessee By: Mr. Divendra H. Jain Revenue By : Shri. S.K Jain सुनवाई की तारीख /Date Of Hearing : 06.11.2018 घोषणा की तारीख /Date Of Pronouncement : 04.02.2019 आदेश / O R D E R Per Ramit Kochar: These Are Two Appeals, Filed By Assessee, Being Ita No. 4261 & 4262/Mum/2017 For Ay 2009-10 & 2010-11 Respectively , Are Directed Against Common Appellate Order Dated 29.03.2017 Passed By Learned Commissioner Of Income Tax (Appeals)-1, Thane (Hereinafter Called “The Cit(A)”) In Appeal No. 222 & 223/15-16, For Assessment Year’S 2009-10 & 2010-11 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Separate Assessment Order(S) Both Dated 19.01.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 144 R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2009-10 & 2010-11 Respectively. Since Both These Appeals Raises Similar Issues & Common Grounds

For Appellant: Mr. Divendra H. JainFor Respondent: Shri. S.K Jain
Section 144Section 148Section 44A

…bulal C. Borana v. Third ITO (2006) 282ITR 251 (Bom) . ii) CIT v. M.K. Brothers (1987) 163 ITR 249 (Guj) ii) HI Lux Automotive (P.) Ltd v. ITO (2007) 163 Taxman 90 (Delhi)(Mag) v) Jagdamba Trading Co. v. ITO (2007) 16 SOT 66 (Jodh) v) ITO v. Permanand (2008) 25 SOT 11 (Jodh) (URO) 1.4 Further the Assessing Officer relying upon information received from Sales-tax department and affidavit alleged to be submitted by these parties before sales tax authorities. The learned Assessing Officer has not provided us opportunity to cross examine the witnesses and documents relied upon by him. Therefore the assessment order…

Shantilal B Parekh, Mumbai vs. Income Tax Officer- 3(4), Mumbai

In the result, appeal of the assessee in ITA No

ITA 4261/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Feb 2019AY 2009-10

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4261 & 4262/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 & 2010-11) बिाम/ Shri Shantilal B. Parekh Ito-3(4), Flat No. 24, 6Th Floor, 2Nd Floor, Rani Mansion, Gaurav Apt. , Murbad Road, V. Sarvoday Nagar, Kalyan(W)- 421301 Nahur Village Road, Mulund (W), Mumbai-400080 स्थायी ऱेखा सं./ Pan: Akcpp9255C Assessee By: Mr. Divendra H. Jain Revenue By : Shri. S.K Jain सुनवाई की तारीख /Date Of Hearing : 06.11.2018 घोषणा की तारीख /Date Of Pronouncement : 04.02.2019 आदेश / O R D E R Per Ramit Kochar: These Are Two Appeals, Filed By Assessee, Being Ita No. 4261 & 4262/Mum/2017 For Ay 2009-10 & 2010-11 Respectively , Are Directed Against Common Appellate Order Dated 29.03.2017 Passed By Learned Commissioner Of Income Tax (Appeals)-1, Thane (Hereinafter Called “The Cit(A)”) In Appeal No. 222 & 223/15-16, For Assessment Year’S 2009-10 & 2010-11 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Separate Assessment Order(S) Both Dated 19.01.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 144 R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2009-10 & 2010-11 Respectively. Since Both These Appeals Raises Similar Issues & Common Grounds

For Appellant: Mr. Divendra H. JainFor Respondent: Shri. S.K Jain
Section 144Section 148Section 44A

…bulal C. Borana v. Third ITO (2006) 282ITR 251 (Bom) . ii) CIT v. M.K. Brothers (1987) 163 ITR 249 (Guj) ii) HI Lux Automotive (P.) Ltd v. ITO (2007) 163 Taxman 90 (Delhi)(Mag) v) Jagdamba Trading Co. v. ITO (2007) 16 SOT 66 (Jodh) v) ITO v. Permanand (2008) 25 SOT 11 (Jodh) (URO) 1.4 Further the Assessing Officer relying upon information received from Sales-tax department and affidavit alleged to be submitted by these parties before sales tax authorities. The learned Assessing Officer has not provided us opportunity to cross examine the witnesses and documents relied upon by him. Therefore the assessment order…