ITO v. Premanand

SMC Indu (Jv), Mumbai vs. Asst CIT 18(2), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Smc Indu (Jv) V. Acit – 18(2) 5Th Floor, Shop No. 9, Ground Kamana Chs Ltd., Building No. 1, Prabhadevi, Piramal Chambers, Mumbai – 400 028 Lalbaug, Mumbai – 400 012 Pan: Ablfs 6305 A (Appellant) (Respondent) Assessee By : Shri Neelkanth Khandelwal Department By : Shri Manoj Kumar Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “H”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI N.K. PRADHAN, HON'BLE ACCOUNTANT MEMBER M/s. SMC INDU (JV) v. ACIT – 18(2) 5th Floor, Shop No. 9, Ground Kamana CHS Ltd., Building No. 1, Prabhadevi, Piramal chambers, Mumbai – 400 028 Lalbaug, Mumbai – 400 012 PAN: ABLFS 6305 A (Appellant) (Respondent) Assessee by : Shri Neelkanth Khandelwal Department by : Shri Manoj Kumar Singh Date of Hearing : 09.08.2018 Date of Pronouncement : 28.09.2018 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learn…

DCIT 25(3), Mumbai vs. Arihant Enterprises, Mumbai

Appeal stand partly allowed

Bench: Shri C.N. Prasad, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.5899/Mum/2013 (िनधा"रणवष" / Assessment Year: 2010-11) Assistant Commissioner Of Income Tax-25(3) Arihant Enterprises Room No. 308, C-11 C-6, Hasmukh Chs Ltd. बनाम/ Bandra Kurla Complex, Bandra(E) Near Mandapeshwar Industrial Estate Vs. Mumbai – 400 051 Mcf, Uday Marg, Borivali(W) Mumbai – 400 092 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aahfa-0915-F (अपीलाथ"/Appellant) (""थ" / Respondent) : & Co. No.272/Mum/2014 (िनधा"रणवष" / Assessment Year: 2010-11) Arihant Enterprises Assistant Commissioner Of Income Tax-25(3) C-6, Hasmukh Chs Ltd. Room No. 308, C-11 बनाम/ Near Mandapeshwar Industrial Estate Bandra Kurla Complex, Bandra(E) Vs. Mcf, Uday Marg, Borivali(W) Mumbai – 400 051 Mumbai – 400 092 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aahfa-0915-F (अपीलाथ"/Appellant) (""थ" / Respondent) :

…the case of Jagdamba Trading Co. vs. ITO (2007) 107 TTJ 398 (Jodhpur) wherein it was held that since there is no evidence of the assessee receiving any money back, the purchase in question could not be held to be bogus. In the case of ITO vs. parmanand (2008) 25 SOT 11 (Jodhpur) it has been very categorically 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 by the Sales Tax Dept and has not conducted any independent enquiries for making the addition especially in a case where the assessee…

Mohd Rizwan Mohd Kallan Khan, Mumbai vs. Income Tax Officer 26(3)(4), Mumbai

In the result, appeal filed by assessee is partly allowed

Bench: Shri G.S. Pannu & Shri Pawan Singhmd. Rizwan Mohd Kallan Ito 26(3)(4) Room No. 711, 7Th Floor, Khan, Plot No. 603, Flat No.13, Bldg No. 7 D, Bombay Taxi C-11, Pratyakshakar Bhavan, Men’S Co-Operative Society, Vs. Bandra (East), Mumbai-51. Lbs Marg, Kurla (West), Mumbai-400070 Pan: Agjpk2270K Appellant Respondent Appellant By : Shri Vimal Punmiya (Ar) Respondent By : Shri Rajesh Kumar Yadav (Ar) Date Of Hearing :25.04.2018 Date Of Pronouncement : 31.05.2018 Order Per Pawan Singh; 1. The Instant Appeal By Assessee Under Section 253 Of The Income-Tax Act (The Act) Is Directed Against The Order Of Ld. Commissioner Of Income-Tax

…IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER Md. Rizwan Mohd Kallan ITO 26(3)(4) Room No. 711, 7th Floor, Khan, Plot No. 603, Flat No.13, Bldg No. 7 D, Bombay Taxi C-11, Pratyakshakar Bhavan, Men’s Co-operative Society, Vs. Bandra (East), Mumbai-51. LBS Marg, Kurla (West), Mumbai-400070 PAN: AGJPK2270K Appellant Respondent Appellant by : Shri Vimal Punmiya (AR) Respondent by : Shri Rajesh Kumar Yadav (AR) Date of Hearing :25.04.2018 Date of Pronouncement : 31.05.2018 ORDER PER PAWAN SINGH, JUDICIAL MEMBER; 1. The insta…

DCIT 4(3)(2), Mumbai vs. Sunrise Metallic (India) P.Ld, Mumbai

In the result, appeal of Revenue is dismissed

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm Dcit 4(3)(2) Vs. M/S. Sunrise Metallic R.No.649, 6Th Floor (India) Pvt. Ltd., Aayakar Bhavan Shiva Industrial Estate, Mumbai – 400 020 Near Tata Power House Lake Road, Bhandup (W) Mumbai – 400 078 Pan/Gir No.Aajcs2965E Appellant) Respondent) ..

…IN THE INCOME TAX APPELLATE TRIBUNAL “E”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN, JM DCIT 4(3)(2) Vs. M/s. Sunrise Metallic R.No.649, 6th Floor (India) Pvt. Ltd., Aayakar Bhavan Shiva Industrial Estate, Mumbai – 400 020 Near Tata Power House Lake Road, Bhandup (W) Mumbai – 400 078 PAN/GIR No.AAJCS2965E Appellant) Respondent) .. Revenue by V.Justin / Shri Rajat Mittal Assessee by Shri Suresh Achaliya Date of Hearing 16/03/2018 Date of Pronouncement 23/03/2018 आदेश / O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by revenue against the order of CIT(A)-9, Mumbai dated 28/02/2017…

Jet Chemicals P.Ltd, Kalyan vs. Ast CIT Cir 1, Kalyan

Bench: Shri G. S. Pannu, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 3707/Mum/2017, (निर्धारणवर्ा / Assessment Year: 2010-11)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI G. S. PANNU, AM & SHRI SANDEEP GOSAIN, JM आयकरअपीलसं./ I.T.A. No. 3707/Mum/2017, (निर्धारणवर्ा / Assessment Year: 2010-11) Jet Chemicals Pvt. Ltd. ACIT Cir -1 1st floor, Mohan Plaza 3/2 Mile Stone, KalyanMurbad बिधम/ Rd, ShahadKalyan, Kalyan- Wayale Nagar, Vs. 421103. Khadakpada, Kalyan(W)-421301 स्थायीलेखासं./जीआइआरसं./ PAN/GIR No. AAACJ4203H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant by : Sh. Haresh P. Shah प्रत्यथीकीओरसे/Respondentby : Sh. Suman Kumar सुनवाईकीतारीख/ : 10/01/2018 Date of Hearing घोषणाकीतारीख / : 28/0…

DCIT 13(1)(1), Mumbai vs. Nihar Equipment Pvt. Ltd., Mumbai

In the result, appeals filed by the assessee are partly allowed and that of the revenue are dismissed

Bench: Shri D.T. Garasia () & Shri Ashwani Taneja ( Account Member)

…declares that he has simply issued bills and he has not sold goods, still nothing can be added in the case of the assessee. 6.1 The relevant part of the important other cases relied upon by Ld. A.R. reproduced herein below:- In the case of: ITO vs. Permanand 25 SOT 11 ITAT Jodhpur has held as under:- In the instant case, The addition rested mainly only on the observation of the Sales lax Department The assessee was never associated with the enquiries made by the Sales-tax to that extent. The satisfaction of the Assessing Officer himself while assessment of an income and these duties satisfaction of someone else.…

Nihaar Equipment P.Ltd, Mumbai vs. DCIT RG 13(1)(1)

In the result, appeals filed by the assessee are partly allowed and that of the revenue are dismissed

Bench: Shri D.T. Garasia () & Shri Ashwani Taneja ( Account Member)

…declares that he has simply issued bills and he has not sold goods, still nothing can be added in the case of the assessee. 6.1 The relevant part of the important other cases relied upon by Ld. A.R. reproduced herein below:- In the case of: ITO vs. Permanand 25 SOT 11 ITAT Jodhpur has held as under:- In the instant case, The addition rested mainly only on the observation of the Sales lax Department The assessee was never associated with the enquiries made by the Sales-tax to that extent. The satisfaction of the Assessing Officer himself while assessment of an income and these duties satisfaction of someone else.…

ACIT 12(2)(2), Mumbai vs. I & E Trade Consultants P.Ltd, Mumbai

In the result, appeal filed by the Revenue in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.798/Mum/2015 ("नधा"रण वष" / Assessment Year : 2008-09) Acit -12(2)(2), M/S I&E Trade बनाम/ Room No. 363, Consultants Pvt. Ltd., V. 3 Rd Floor,, 10 Th Floor, Aayakar Bhavan, Shree Puri Tower, M.K. Road, Soniwadi Shimpoli Road, Mumbai – 400 020. Borivali (West), Mumbai – 400092. "थायी लेखा सं./Pan : Aabct9239N .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

…Assam Tea Company v. ITO (2005) 92 ITD 85 (Asr) (SB) . 4) Durga Prashad Goyal v. ITO (2006) 98 ITD 227 (Asr) (SB) 5) Smt. Kusumlata Bansal v. DClT (2008) 10 DTR (Ahd.)(Trib.)82 6) Virendra Kumar Agrawal v. ITO (2011) 132 ITD 140 (Mum) 7) ITO vs. Permanand 25 SOT 11 ITAT, Jodhpur The assessee also submitted written submissions as under:- “”We submit herewith a file containing all our submissions filed during course of the original assessment proceeding. As it will be clear from perusal of the same, the assessee had filed exhaustive details as called by the AO from time to time. This included, among others, t…

DCIT Cir 4(2)(2), Mumbai vs. Manohar Manek Alloys P.Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.5586/Mum/2015 (ननधधारण वषा / Assessment Year : 2010-11) Dy. Commissioner Of Income बनधम/ M/S Manohar Manak, Alloys P L Tax Cir 4(2)(2), 44, C P Tank Road, C P Tank, Vs. R. No.642, 6Th Floor, Mumbsi-400002 Aayakar Bhavan, M K Road, Mumbai-400020 स्थधयी ऱेखध सं./ Pan :Aaacm2688K अपीऱार्थी ओर से / Revenue By Shri Shivaji Gode प्रत्यर्थी की ओर से/Assessee By Ms.Nimisha Bothara सुनवाई की तारीख / Date Of Hearing : 7.11.2016 घोषणा की तारीख /Date Of Pronouncement :16.1.2017 आदेश / O R D E R Per Rajesh Kumar, Am The Appeal Filed By The Revenue Is Directed Against The Order Dated 7.9.2015, Passed By The Cit(A)-9, Mumbai, For The Assessment Year 2010- 11. 2. Grounds Of Appeal Taken By The Revenue Are As Under :

…आयकर अपीऱीय अधिकरण, म ुंबई न्यायपीठ “डी” म ुंबई IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JM AND SHRI RAJESH KUMAR, AM आयकर अपीऱ सं./I.T.A. No.5586/Mum/2015 (ननधधारण वषा / Assessment Year : 2010-11) Dy. Commissioner of Income बनधम/ M/s Manohar Manak, Alloys P L Tax Cir 4(2)(2), 44, C P Tank Road, C P Tank, Vs. R. No.642, 6th floor, Mumbsi-400002 Aayakar Bhavan, M K Road, Mumbai-400020 स्थधयी ऱेखध सं./ PAN :AAACM2688K अपीऱार्थी ओर से / Revenue by Shri Shivaji Gode प्रत्यर्थी की ओर से/Assessee by Ms.Nimisha Bothara सुनवाई की तारीख / Date of Hearing : 7.11.2016 घोषणा की ता…

Govind Bhilu Rathod, Vasai vs. ITO WD 4(1), Thane

In the result, the appeal of the assessee is accepted

Bench: Shri Rajendra, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No 439/Mum/2016 (िनधा"रण वष" / Assessment Year: 2011-12)

…ithout 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 cae 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 ITA. No.5920/Mum/2013 and 6203/Mum/2013 7 showing books of account, pay…

Gits Food Products P. Ltd, Mumbai vs. DCIT Cir 10(1), Mumbai

In the result, appeal filed by assessee is allowed

Bench: Shri B.R.Baskaran & Shri Pawan Singh

…o-ordinate Bench of this Tribunal in following cases: a. ACIT vs. Tarla R. Shah in ITA No. 5295/Mum/13 b. Hiralal Chunnilal Jain vs. ITO & Ors c. ITA No. 2547, 1275/Mum/14 reported vide (2016) 46 CCH 0020/Mum/Trib. dated 01.01.2005 d. ITO vs. Premanand (2008) 25 SOT 11 Jodhpur e. Imperial Imp & Exp. Vs. ITO in ITA No. 5427/Mum/15 dated 18.03.2016 f. DCIT vs. Etco Telcom Ltd. ITA No. 2533/Mum/2008 dated 04.05.2012. 3 ITA No. 6983/M/2014 M/s Gits Food Products Pvt. Ltd. On the other hand, Ld. DR for Revenue argued that the assessee was given substantial relief by FAA and the addition was confined to 25% of the bog…

Grrentex Exports India, Mumbai vs. ITO 14(2)(4), Mumbai

The appeal of the assessee is allowed for statistical purposes

Bench: Shri A.D.Jainसर्वश्री ए.डी. जैन, न्याययक सदस्य आमकय अऩीर सं./I.T.A. No.3311/Mum/2015 (ननधधायण वषा / Assessment Year :2009-10) बनाम/ M/S Greentex Exports India, Income Tax -Ward 14(2)(4), Modi Estate, 1St Floor, Mumbai. Vs. Opp. Chirag Nagar Police Stn. Ghatkopar West, Mumbai-400080 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

…ithout 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 cae 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 25(3), Mumbai vs. Rajeev G Kalathil, Mumbai

In the result, the appeal of the revenue stands dismissed and the cross-objection filed by the assessee is also dismissed

Bench: S/Shri B.R.Baskaran & Shri Sandeep Gosainआयकर अपीऱ सं./I.T.A. No.5312/Mum/2013 (निर्धारण वर्ा / Assessment Year :2010-11) बिधम/ Dy. Commissioner Of Income Rajeev G Kalathil, Tax -25(3), M-605, Regency Park, Vs. 308, C-11, Rna Millennium Township, Bandra-Kurla Complex, M G Road, Kandivali (W), Bandra (E), Mumbai-400067 Mumbai-400051 (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…s tax department. 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 cae 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…

Asst CIT 25(2), Mumbai vs. Tarla R Shah, Mumbai

In the result, the appeal of the revenue is dismissed

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI RAJESH KUMAR, AM आयकर अपील सं./I.T.A. No. 5295/Mum/2013 ("नधा"रण वष" / Assessment Year: 2010-11) Asstt. Commissioner of Income Tax - Tarla R Shah 25(2), Room No.108, 1st Floor, Prop. Of M/s K R Construction बनाम/ Bldg. No. C-11, Pratyakshakar A-1201, Aditya Tower, Bhavan,Bandra Kurla Complex, Chandavarkar Lane Road, Vs. Bandra (East), Borivali(w), Mumbai-400 051. Mumbai-400 092. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. AMOPS 3922M (अपीलाथ" /Appellant) (""यथ" / Respondent) : : Shri J. Saravanan अपीलाथ" क" ओर से / Appellant…