Jeypore Timber & Veneer Mills (P.) Ltd. v. CIT

DEPUTY COMMISSIONER OF INCOME TAX -13(2)(2), MUMBAI vs. SUNPHARMA DISTRIBUTORS LIMITED, MUMBAI

In the result, both the appeals filed by the assessee\nand Revenue stand allowed for statistical purpose

…f\nearlier documents filed by the assessee, hence are relevant\nfor the purpose of just and complete adjudication therefore\nwhile relying upon the decision of Hon'ble Guwahati High\nCourt in the case of Jeypore Timber & Veneer Mills (P.)\nLtd. v. CIT [(1982) 137 ITR 415 (Gau)], we allow the\napplication filed by the assessee and admit the documents\ndetailed above as additional evidence.\n8. Since we have admitted additional evidence and all the\ndocuments now admitted as additional evidence needs\ndetailed factual verification. Therefore in our considered\nview, the present matter needs to be restored back to t…

SUN PHARMA DISTRIBUTORS LIMITED,MUMBAI vs. DCIT, CIRCLE-13(2)(2), MUMBAI

In the result, both the appeals filed by the assessee and Revenue stand allowed for statistical purpose

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Smt. Renu Jauhrisun Pharma Distributors Vs. Dcit – 13(2)(2) Ltd., Aayakar Bhawan, Mk Sun House, Plot No. 201, Road, Mumbai – B/1, Western Express, 400020. Highway Goregaon (E), Mumbai – 400 063. Pan/Gir No. Abbcs7694H (Applicant) (Respondent) Dcit – 13(2)(2) Vs. Sun Pharma Distributors Aayakar Bhawan, Mk Ltd., Road, Mumbai – 400020. Sun House, Plot No. 201, B/1, Western Express, Highway Goregaon (E), Mumbai – 400 063. Pan/Gir No. Abbcs7694H (Applicant) (Respondent) Assessee By Shri Vijay Mehta Revenue By Shri Manish Sareen, Cit Dr Date Of Hearing 27.03.2025 Date Of Pronouncement 11.06.2025 आदेश / Order

…nce of earlier documents filed by the assessee, hence are relevant for the purpose of just and complete adjudication therefore while relying upon the decision of Hon’ble Guwahati High Court in the case of Jeypore Timber & Veneer Mills (P.) Ltd. v. CIT [(1982) 137 ITR 415 (Gau)], we allow the application filed by the assessee and admit the documents detailed above as additional evidence. 8. Since we have admitted additional evidence and all the documents now admitted as additional evidence needs detailed factual verification. Therefore in our considered view, the present matter needs to be restored back to the fi…

VOLKSWAGEN FINANCE P.LTD,MUMBAI vs. ITO (IT) 4(3)(2), MUMBAI

In the result, the appeal is dismissed

…oubtedly, our powers are restricted to dealing with the issues raised before us. While on this aspect of the matter, it is useful to remember, as was held by the Hon’ble Guwahati High Court in the case of Jeypore Timber & Veneer Mills (P.) Ltd. v. CIT [(1982) 137 ITR 415 (Gau)] as follows: "Parliament in its wisdom has conferred upon the Tribunal broad and sweeping powers but at the same time controlled the powers by requisite constriction. The provision of section 254 of the Act is an enabling as well as disabling provision. A passing glance creates an impression that the Tribunal has been endowed with plenary…

KANAKIA SPACES P. LTD,MUMBAI vs. ACIT CEN CIR 4(1), MUMBAI

In the result, the appeal is partly allowed

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2012-13 M/S Kanakia Spaces Pvt. Acit, Central Circle- Ltd. 215 Atrium, 10Th Floor, 4(1), Air India Vs. Near Marriot Courtyard Building, 19Th Floor, Hotel, Andheri-Kurla Road, Nariman Point, Andheri (E), Mumbai- Mumbai. 400093. Pan No. Aaack2629J Appellant Respondent Assessee By : Mr. Anuj Kisnadwala, Ar Revenue By : Mr. Manoj Kumar Singh, Dr Date Of Hearing : 07/08/2018 Date Of Pronouncement : 31/10/2018

…respective years in which the advances were given. In respect of the principles of admitting additional evidence, the Ld. counsel refers to the decision in CIT v. Text Hundred Industries Ltd. 351 ITR 57 (Del) and Jeypore Timber & Veneer Mills (P.) Ltd. v. CIT 137 ITR 415 (Gau). The Ld. DR submits that the application for admission of additional evidence filed by the assessee should be dismissed by the Tribunal because the details in the form of balance sheet and profit and loss account for the year ended 31.03.2005, 31.03.2007, 31.03.2009 and 31.03.2010 could have been filed before the AO or the CIT(A). Nothing s…

VITTRAG MINERALS & METALS EXCAVATION P.LT,MUMBAI vs. ITO 8(3)(4), MUMBAI

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आिकर अपील सं./Ita No. 1241/Mum/2015 (धििाारण वर्ा / Assessment Year: 2010-11) M/S Vittrag Minerals & Metal Vs. The Ito 8(3)(4), Excavation Pvt. Ltd., 2Nd Floor, Ayakar Bhavan, Office 15, 12Th Floor, M.K. Road, Churchgate, Mumbai - 400020 New Akhand Jyoti Society, Building No. 1, Maniesh Nagar, 4 Bungalow, Andheri (W), Mumbai - 400053 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccv7379N (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) यनर्ावररती की ओर से /Assessee By : Shri Vijay Mehta (Ar) राजस्व की ओर से / Revenue By : Shri Saurabh Kumar Rai (Dr)

…uted through the appellant company. The assessee wants to adduce additional evidence in support of the said contention. The Ld. counsel relied on the judgment of Hon’ble Guwahati High Court passed in the case of Jeypore Timber and Veneer Mills P. Ltd. vs. CIT 137 ITR 415. 7. On the other hand, the Ld. Departmental Representative opposed the application for additional evidence on the ground that the assessee has not pointed out any reasonable cause for not submitting the documents in question before the authorities below. 8. We have heard the rival submissions and also gone through the entire material on the recor…

KISHORE RAMCHANDANI,MUMBAI vs. ITO 19(3)(2), MUMBAI

In the result appeal filed by the assessee in ITA no

Bench: Shri Amit Shukla & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 199/Mum/2012 ("नधा"रण वष" / Assessment Year : 2003-04) आयकर अपील सं./I.T.A. No. 200/Mum/2012 ("नधा"रण वष" / Assessment Year : 2004-05) Mr. Kishore Ramchandani, बनाम/ Ito 19(3)(2), 804, Oceanic, Carter Road, Mumbai. V. Bandra (West), Mumbai – 400 050. "थायी लेखा सं./Pan : Abnpr8926N (अपीलाथ" /Appellant) .. (""यथ" / Respondent) Assessee By Shri Vijay Mehta Revenue By : Shri Ganesh Barc (Sr. D.R.) सुनवाई क" तार"ख /Date Of Hearing : 19-01-2016 घोषणा क" तार"ख /Date Of Pronouncement : 01-02-2016

…decided on merits. The assessee relied upon the decision of Hon’ble Apex Court in the case of Collector Land Acquisition v. Mst. Katiji & Ors. (167 ITR 471) and Hon’ble Gauhati High Court in the case of Jeypore Timber and Veneer Mills Private Limited v. CIT (137 ITR 415) to contend that the additional evidences as submitted before the Tribunal may be admitted in the interest of equity and justice keeping in view the provisions of Section 255(6) of the Act read with Rule 29 of Income Tax( Appellate Tribunal) Rules, 1963. ITA 199/Mum/12 & ITA 200/Mum/12 12 8. The ld. D.R. while relying on the orders of authoritie…

KISHORE RAMCHANDANI,MUMBAI vs. ITO 19(3)(2), MUMBAI

In the result appeal filed by the assessee in ITA no

Bench: Shri Amit Shukla & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 199/Mum/2012 ("नधा"रण वष" / Assessment Year : 2003-04) आयकर अपील सं./I.T.A. No. 200/Mum/2012 ("नधा"रण वष" / Assessment Year : 2004-05) Mr. Kishore Ramchandani, बनाम/ Ito 19(3)(2), 804, Oceanic, Carter Road, Mumbai. V. Bandra (West), Mumbai – 400 050. "थायी लेखा सं./Pan : Abnpr8926N (अपीलाथ" /Appellant) .. (""यथ" / Respondent) Assessee By Shri Vijay Mehta Revenue By : Shri Ganesh Barc (Sr. D.R.) सुनवाई क" तार"ख /Date Of Hearing : 19-01-2016 घोषणा क" तार"ख /Date Of Pronouncement : 01-02-2016

…decided on merits. The assessee relied upon the decision of Hon’ble Apex Court in the case of Collector Land Acquisition v. Mst. Katiji & Ors. (167 ITR 471) and Hon’ble Gauhati High Court in the case of Jeypore Timber and Veneer Mills Private Limited v. CIT (137 ITR 415) to contend that the additional evidences as submitted before the Tribunal may be admitted in the interest of equity and justice keeping in view the provisions of Section 255(6) of the Act read with Rule 29 of Income Tax( Appellate Tribunal) Rules, 1963. ITA 199/Mum/12 & ITA 200/Mum/12 12 8. The ld. D.R. while relying on the orders of authoritie…