Jute Corporation of India Ltd. v. CIT

DCIT-19(1), Mumbai vs. Anish Piyush Kothari, Mumbai

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

Bench: Shri Sandeep Gosain

…ground raised by the assessee, I found that the same is legal in nature and it goes to the roots of the case, therefore while following the principles laid down in the decision of Hon’ble Supreme Court in the case of The Jute Corporation India Ltd., Vs. CIT, 187 ITR 688 and The NTPC Vs. CIT, 229 ITR 383 and also considering the facts of the present case, I allow the application for raising the additional ground and consequently the said ground is admitted to be heard on merits. 4. On the additional ground of appeal, I have heard the counsels of both the parties, perused the material placed on record, judgments…

Rajkishore Maniyar, Mumbai vs. ITO, Mumbai

In the result, all the appeals filed by the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…and the same may be adjudicated. The Appellant prays that, if there is any delay in filing the additional ground, the same may be condoned. 3 Rajkishore Maniyar, Mumbai. We are relying on the ratio of following Judgments for raising the Additional Grounds. 187 ITR 688 (SC) Jute Corporation of India Ltd. vs. CIT 229 ITR 383 (SC) National Thermal Power Co. Ltd. vs. CIT The appellant prays that the Additional grounds of appeal may be admitted. We hope and trust that your honour will accede to our request and oblige. Additional Grounds of appeal: 1. The Re-opening of the Assessment u/s 148 of the Income- tax Act,…

Rajkishore Maniyar, Mumbai vs. ITO, Mumbai

In the result, all the appeals filed by the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…and the same may be adjudicated. The Appellant prays that, if there is any delay in filing the additional ground, the same may be condoned. 3 Rajkishore Maniyar, Mumbai. We are relying on the ratio of following Judgments for raising the Additional Grounds. 187 ITR 688 (SC) Jute Corporation of India Ltd. vs. CIT 229 ITR 383 (SC) National Thermal Power Co. Ltd. vs. CIT The appellant prays that the Additional grounds of appeal may be admitted. We hope and trust that your honour will accede to our request and oblige. Additional Grounds of appeal: 1. The Re-opening of the Assessment u/s 148 of the Income- tax Act,…

Rajkishore Maniyar, Mumbai vs. ITO, Mumbai

In the result, all the appeals filed by the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…and the same may be adjudicated. The Appellant prays that, if there is any delay in filing the additional ground, the same may be condoned. 3 Rajkishore Maniyar, Mumbai. We are relying on the ratio of following Judgments for raising the Additional Grounds. 187 ITR 688 (SC) Jute Corporation of India Ltd. vs. CIT 229 ITR 383 (SC) National Thermal Power Co. Ltd. vs. CIT The appellant prays that the Additional grounds of appeal may be admitted. We hope and trust that your honour will accede to our request and oblige. Additional Grounds of appeal: 1. The Re-opening of the Assessment u/s 148 of the Income- tax Act,…

Rajkishore Maniyar, Mumbai vs. ITO, Mumbai

In the result, all the appeals filed by the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…and the same may be adjudicated. The Appellant prays that, if there is any delay in filing the additional ground, the same may be condoned. 3 Rajkishore Maniyar, Mumbai. We are relying on the ratio of following Judgments for raising the Additional Grounds. 187 ITR 688 (SC) Jute Corporation of India Ltd. vs. CIT 229 ITR 383 (SC) National Thermal Power Co. Ltd. vs. CIT The appellant prays that the Additional grounds of appeal may be admitted. We hope and trust that your honour will accede to our request and oblige. Additional Grounds of appeal: 1. The Re-opening of the Assessment u/s 148 of the Income- tax Act,…

Rajkishore Maniyar, Mumbai vs. ITO, Mumbai

In the result, all the appeals filed by the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…and the same may be adjudicated. The Appellant prays that, if there is any delay in filing the additional ground, the same may be condoned. 3 Rajkishore Maniyar, Mumbai. We are relying on the ratio of following Judgments for raising the Additional Grounds. 187 ITR 688 (SC) Jute Corporation of India Ltd. vs. CIT 229 ITR 383 (SC) National Thermal Power Co. Ltd. vs. CIT The appellant prays that the Additional grounds of appeal may be admitted. We hope and trust that your honour will accede to our request and oblige. Additional Grounds of appeal: 1. The Re-opening of the Assessment u/s 148 of the Income- tax Act,…

Rajkishore Maniyar, Mumbai vs. ITO, Mumbai

In the result, all the appeals filed by the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

…and the same may be adjudicated. The Appellant prays that, if there is any delay in filing the additional ground, the same may be condoned. 3 Rajkishore Maniyar, Mumbai. We are relying on the ratio of following Judgments for raising the Additional Grounds. 187 ITR 688 (SC) Jute Corporation of India Ltd. vs. CIT 229 ITR 383 (SC) National Thermal Power Co. Ltd. vs. CIT The appellant prays that the Additional grounds of appeal may be admitted. We hope and trust that your honour will accede to our request and oblige. Additional Grounds of appeal: 1. The Re-opening of the Assessment u/s 148 of the Income- tax Act,…

DCIT-3(2)(1), Mumbai vs. Maharashtra Airport Development Company Limited, Mumbai

Bench: Shri Saktijit Dey & Shri Prabhash Shankarmaharashtra Airport V/S. Assistant Commissioner Of Development Company बनाम Income Tax, Circle – 3(2)(1), Limited Room No. 608, Aayakar 8, World Trade Centre, Bhavan, Maharishi Karve Tower 1, 8Th Floor, Cuffe Road, Mumbai – 400020, Parade, Mumbai – 400005, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcm9623M Appellant/अपीलार्थी .. Respondent/प्रतिवादी Deputy Commissioner Of V/S. Maharashtra Airport Income Tax, Circle – 3(2)(1), बनाम Development Company Room No. 608, 6Th Floor, Limited, 8, World Trade Aayakar Bhavan, Maharishi Centre, Tower 1, 8Th Floor, Karve Road, Mumbai – 400 Cuffe Parade, Colaba S.O. 020, Maharashtra Mumbai–400005, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcm9623M Appellant/अपीलाथी .. Respondent/प्रतिवादी

…ional ground of appeal may be admitted and decided as per law. The appellant in this regard relies on the decisions of the hon’ble Supreme Court in the case of National Thermal Power Co. Ltd. (1998) 229 ITR 383 (SC) and Jute Corporation of India v. CIT (1991) 187 ITR 688 (SC) wherein it has been held that legal ground can be taken up at any point of time. 4.2 On due consideration of above stated facts we are inclined to admit the above additional ground which to our mind is a pure legal ground requiring no need to go beyond the facts on record. Since, the ground is intrinsically linked to the very taxability of…

Maharashtra Airport Development Company Limited, Mumbai vs. ACIT, Circle-3(2)(1), Mumbai

In the result, appeal of the Revenue is partly allowed

Bench: Shri Saktijit Dey & Shri Prabhash Shankar

…ional ground of appeal may be admitted and decided as per law. The appellant in this regard relies on the decisions of the hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. (1998) 229 ITR 383 (SC) and Jute Corporation of India v. CIT (1991) 187 ITR 688 (SC) wherein it has been held that legal ground can be taken up at any point of time. 4.2 On due consideration of above stated facts we are inclined to admit the above additional ground which to our mind is a pure legal ground requiring no need to go beyond the facts on record. Since, the ground is intrinsically linked to the very taxability of…