Mcorp Global P. Ltd. v. CIT

309 ITR 434Supreme Court of India2009#2052 most cited

What is Mcorp Global P. Ltd. v. CIT authority for?

The Revenue cannot change the complexion of the case for the first time before the Appellate Tribunal. The Tribunal is not vested with the power to enhance an assessment or withdraw relief granted by the assessing authority.

56

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2025.

Also referred to as

Mcorp Global P. Ltd. v. CIT · 309 ITR 434 · Appellate Tribunal powers · Section 254 · Revenue changing case complexion · Tribunal enhancement power · Withdrawal of relief by Tribunal · Assessing authority relief · Section 250 · Section 253

Sections most often in play

Section 143(3)Section 35ABBSection 37(1)Section 254Section 145(2)Section 250Section 253Section 263

Issues it is cited on

section 80lacompensatory interestsection 35abbsection 80lsection 72asection 55(2)section 139(9)section 49carry forward of lossessection 72fresh tangible materialsection 55

Judgments citing Mcorp Global P. Ltd. v. CIT

BHARTI TELEMEDIA LIMITED,NEW DELHI vs. DCIT, CIRCLE-4(2), NEW DELHI

In the result, the appeals of the Assessee are allowed and appeals of the Revenue are dismissed

ITA 624/DEL/2024[2021-22]Status: DisposedITAT Delhi12 Dec 2025AY 2021-22

Bench: Shri C.N. Prasad & Shri M. Balaganesh

Section 35ASection 4

…s not open for the Revenue to change the complexion of the case for the first time before the Tribunal, the Tribunal is not vested with power of enhancement or to withdraw relief granted by the assessing authority [refer MCorp Global (P.) Ltd. vs. CIT: [2009] 309 ITR 434 (SC), Indian Steel & Wire Products Lid, vs. CIT: 208 ITR 740 (Cal.), Daimler India Commercial Vehicles (P.) Ltd. vs. DCIT: 416 ITR 343 (Mad)- Revenue's SLP dismissed). 57.2 Be that as it may, interest is for delay in payment of annual licence fee as per the terms of the agreement entered into with MIB. The compensatory interest does not result in…

DCIT, CIRCLE 4(2), NEW DELHI vs. M/S BHARTI TELEMEDIA LTD, NEW DELHI

In the result, the appeals of the Assessee are allowed and appeals of the Revenue are dismissed

ITA 4966/DEL/2024[2020-21]Status: DisposedITAT Delhi12 Dec 2025AY 2020-21

Bench: Shri C.N. Prasad & Shri M. Balaganesh

Section 35ASection 4

…s not open for the Revenue to change the complexion of the case for the first time before the Tribunal, the Tribunal is not vested with power of enhancement or to withdraw relief granted by the assessing authority [refer MCorp Global (P.) Ltd. vs. CIT: [2009] 309 ITR 434 (SC), Indian Steel & Wire Products Lid, vs. CIT: 208 ITR 740 (Cal.), Daimler India Commercial Vehicles (P.) Ltd. vs. DCIT: 416 ITR 343 (Mad)- Revenue's SLP dismissed). 57.2 Be that as it may, interest is for delay in payment of annual licence fee as per the terms of the agreement entered into with MIB. The compensatory interest does not result in…

BHARTI TELEMEDIA LIMITED,NEW DELHI vs. DCIT, CIRCLE-4(2), NEW DELHI

In the result, the appeals of the Assessee are allowed and appeals of the Revenue are dismissed

ITA 4960/DEL/2024[2020-21]Status: DisposedITAT Delhi12 Dec 2025AY 2020-21

Bench: Shri C.N. Prasad & Shri M. Balaganesh

Section 35ASection 4

…s not open for the Revenue to change the complexion of the case for the first time before the Tribunal, the Tribunal is not vested with power of enhancement or to withdraw relief granted by the assessing authority [refer MCorp Global (P.) Ltd. vs. CIT: [2009] 309 ITR 434 (SC), Indian Steel & Wire Products Lid, vs. CIT: 208 ITR 740 (Cal.), Daimler India Commercial Vehicles (P.) Ltd. vs. DCIT: 416 ITR 343 (Mad)- Revenue's SLP dismissed). 57.2 Be that as it may, interest is for delay in payment of annual licence fee as per the terms of the agreement entered into with MIB. The compensatory interest does not result in…

DCIT, CIRCLE 4(2), NEW DELHI vs. MS BHARTI TELEMEDIA LTD, NEW DELHI

In the result, the appeals of the Assessee are allowed and appeals of the Revenue are dismissed

ITA 4868/DEL/2024[2016-17]Status: DisposedITAT Delhi12 Dec 2025AY 2016-17

Bench: Shri C.N. Prasad & Shri M. Balaganesh

Section 35ASection 4

…s not open for the Revenue to change the complexion of the case for the first time before the Tribunal, the Tribunal is not vested with power of enhancement or to withdraw relief granted by the assessing authority [refer MCorp Global (P.) Ltd. vs. CIT: [2009] 309 ITR 434 (SC), Indian Steel & Wire Products Lid, vs. CIT: 208 ITR 740 (Cal.), Daimler India Commercial Vehicles (P.) Ltd. vs. DCIT: 416 ITR 343 (Mad)- Revenue's SLP dismissed). 57.2 Be that as it may, interest is for delay in payment of annual licence fee as per the terms of the agreement entered into with MIB. The compensatory interest does not result in…

GE INDIA EXPORTS PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

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

ITA 2191/BANG/2016[2003-04]Status: DisposedITAT Bangalore14 Nov 2025AY 2003-04

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.Assessment Year : 2003-04

For Respondent: Shri Sachit Jolly, Senior
Section 143(3)Section 250Section 253Section 254

…erred in law and facts, by not considering the ratio laid down in various judicial precedents relied by the Appellant in support of the above contention including the ruling Page 4 of 10 of the Hon'ble Supreme Court in the case of MCorp Global P. Ltd [2009] 309 ITR 434. The Appellant submits that each of the above grounds are independent and without prejudice to one another. Further, the Appellant craves leave to add, alter, amend, vary, omit or substitute the aforesaid ground of appeal at any time before or at the time of hearing of the appeal, so as to enable the Hon'ble Tribunal to decide on the appeal in ac…

MODI ENTERTAINMENT LTD vs. DCIT CIRCLE 5 (1),

Appeal is allowed in above terms

ITA 3052/DEL/2007[2004-2005]Status: DisposedITAT Delhi10 Dec 2024AY 2004-2005

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 3052/Del/2007 : Asstt. Year : 2004-05 Modi Entertainment Ltd., Vs Income Tax Officer, 49, Community Centre, New Friends Ward-5(2), Colony, New Delhi- New Delhi (Appellant) (Respondent) Pan No. Aaacm8283G Assessee By : Sh. Rohit Jain, Adv. & Sh. Deepesh Jain, Adv. Revenue By : Ms. Baljeet Kaur, Cit-Dr Date Of Hearing: 03.12.2024 Date Of Pronouncement: 10.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2004-05, Arises Against The Order Of Cit(A)-Viii, New Delhi Dated 24.03.2007 In Case No. 143/06-07, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Rohit Jain, Adv. &For Respondent: Ms. Baljeet Kaur, CIT-DR
Section 143(3)Section 28Section 73

…xable u/s 28(va) of the Act as inserted by the Finance Act 2002 w.e.f. 01.04.2003. We wish to reiterate here that there is no such addition made by both the learned lower authorities. 8 Modi Entertainment Ltd. Learned counsel at this stage also quotes (2009) 309 ITR 434 (SC) Mcorp Global Pvt. Ltd. Vs. CIT and Mahindra & Mahindra Ltd. Vs. DCIT (2009) 313 ITR 263 (Bom.) that the relevant assessment findings could not be revisited so as to add a new head upon in section 254 proceedings before the tribunal. We find merit in the assessee’s instant technical objection; and, more particularly, in light of the fact that…

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. TRACKS & TOWERS INFRATECH PRIVATE LIMITED(PART IX), HYDERABAD

In the result, both the appeals filed by the revenue are partly allowed

ITA 1515/HYD/2019[2016-17]Status: DisposedITAT Hyderabad26 May 2023AY 2016-17

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CAFor Respondent: Shri Jeevan Lal
Section 133ASection 139Section 139(1)Section 80ASection 80A(5)Section 80I

…eated as if the return is filed u/s. 139(1). Ignoring the revised return would amount to taking back the benefit given to the assessee for which the Tribunal has no power. We find the Hon’ble Supreme Court in the case of MCorp Global P.Ltd. vs CIT reported in 309 ITR 434 has held as under:- “ In the case of Hukumchand Mills Ltd. v. CIT reported in [1967] 63 ITR 232 this court has held that u/s. 33(4) of the Income tax Act, 1922 (equivalent to section 254(1) of the 1961 Act,), the Tribunal was not authorized to take back the benefit granted to the assessee by the Assessing Officer. The Tribunal has no power to en…

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. TRACKS & TOWERS INFRATECH PRIVATE LIMITED(PART IX), HYDERABAD

In the result, both the appeals filed by the revenue are partly allowed

ITA 1514/HYD/2019[2015-16]Status: DisposedITAT Hyderabad26 May 2023AY 2015-16

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CAFor Respondent: Shri Jeevan Lal
Section 133ASection 139Section 139(1)Section 80ASection 80A(5)Section 80I

…eated as if the return is filed u/s. 139(1). Ignoring the revised return would amount to taking back the benefit given to the assessee for which the Tribunal has no power. We find the Hon’ble Supreme Court in the case of MCorp Global P.Ltd. vs CIT reported in 309 ITR 434 has held as under:- “ In the case of Hukumchand Mills Ltd. v. CIT reported in [1967] 63 ITR 232 this court has held that u/s. 33(4) of the Income tax Act, 1922 (equivalent to section 254(1) of the 1961 Act,), the Tribunal was not authorized to take back the benefit granted to the assessee by the Assessing Officer. The Tribunal has no power to en…

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by assessee is partly allowed

ITA 3177/MUM/2019[2010-11]Status: DisposedITAT Mumbai28 Feb 2023AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, HON'BLE JUDICIAL MEMBER ITA.No. 3138/MUM/2019 (A.Y. 2010-11) M/s. ACC Ltd., V. Deputy CIT (LTU) 29th Floor, Centre-1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 PAN: AAACT1507C (Appellant) (Respondent) ITA.No. 3177/MUM/2019 (A.Y. 2010-11) DCIT (LTU)-1 V. M/s. ACC Ltd., 29th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 PAN: AAAC…

ACC LTD.,MUMBAI vs. ADDL CIT(LTU) , MUMBAI

In the result, appeal filed by assessee is partly allowed

ITA 3137/MUM/2019[2010-11]Status: DisposedITAT Mumbai28 Feb 2023AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, HON'BLE JUDICIAL MEMBER ITA.No. 3138/MUM/2019 (A.Y. 2010-11) M/s. ACC Ltd., V. Deputy CIT (LTU) 29th Floor, Centre-1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 PAN: AAACT1507C (Appellant) (Respondent) ITA.No. 3177/MUM/2019 (A.Y. 2010-11) DCIT (LTU)-1 V. M/s. ACC Ltd., 29th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 PAN: AAAC…

ACIT, JAMMU vs. SH VIKRAMADITYA SINGH, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 269/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “D” : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA Nos.263/ASR/2003 Assessment Year 1998-99 ACIT, Shri M.K. Ajat Shatru, Circle-II, vs The Palace, Jammu Jammu. Assessment Year 1998-99 ACIT, Dr. Karan Singh, Circle-II, vs. The Palace, Jammu Jammu. CO NO.43/ASR/2007 Arising out of ITA No.267/ASR/2007 - Assessment Year 1998-99 Dr. Karan Singh, ACIT, The Palace, vs. Circle-II, Jammu Jammu Assessment Year 1998-99 ACIT, Yashorajya Lakshmi Circle-II, Dr. Karan Singh, Legal Heir of Jammu vs. Smt. Yashorajya Laks…

ACIT, CIR-II, JAMMU vs. SMT. YASHORAJYA LAXMI, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 268/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “D” : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA Nos.263/ASR/2003 Assessment Year 1998-99 ACIT, Shri M.K. Ajat Shatru, Circle-II, vs The Palace, Jammu Jammu. Assessment Year 1998-99 ACIT, Dr. Karan Singh, Circle-II, vs. The Palace, Jammu Jammu. CO NO.43/ASR/2007 Arising out of ITA No.267/ASR/2007 - Assessment Year 1998-99 Dr. Karan Singh, ACIT, The Palace, vs. Circle-II, Jammu Jammu Assessment Year 1998-99 ACIT, Yashorajya Lakshmi Circle-II, Dr. Karan Singh, Legal Heir of Jammu vs. Smt. Yashorajya Laks…

ACIT, JAMMU vs. DR KARAN SINGH, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 267/ASR/2007[1998-99\u005cu005cu005cu005cu005cu005cu005cu005c]Status: DisposedITAT Delhi24 Jan 2022

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “D” : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA Nos.263/ASR/2003 Assessment Year 1998-99 ACIT, Shri M.K. Ajat Shatru, Circle-II, vs The Palace, Jammu Jammu. Assessment Year 1998-99 ACIT, Dr. Karan Singh, Circle-II, vs. The Palace, Jammu Jammu. CO NO.43/ASR/2007 Arising out of ITA No.267/ASR/2007 - Assessment Year 1998-99 Dr. Karan Singh, ACIT, The Palace, vs. Circle-II, Jammu Jammu Assessment Year 1998-99 ACIT, Yashorajya Lakshmi Circle-II, Dr. Karan Singh, Legal Heir of Jammu vs. Smt. Yashorajya Laks…

ACIT, JAMMU vs. SH M.K. AJAT SHATRU, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 263/ASR/2003[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “D” : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA Nos.263/ASR/2003 Assessment Year 1998-99 ACIT, Shri M.K. Ajat Shatru, Circle-II, vs The Palace, Jammu Jammu. Assessment Year 1998-99 ACIT, Dr. Karan Singh, Circle-II, vs. The Palace, Jammu Jammu. CO NO.43/ASR/2007 Arising out of ITA No.267/ASR/2007 - Assessment Year 1998-99 Dr. Karan Singh, ACIT, The Palace, vs. Circle-II, Jammu Jammu Assessment Year 1998-99 ACIT, Yashorajya Lakshmi Circle-II, Dr. Karan Singh, Legal Heir of Jammu vs. Smt. Yashorajya Laks…

SHIROMANI GURDWARA PARBANDHAK COMMITTEE vs. COMMISSIONER OF INCOME TAX-I,

In the result the appeal of the Assessee is allowed

ITA 530/ASR/2009[]Status: DisposedITAT Amritsar16 Aug 2021

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenav.S. Cit – I Shirmoni Gurdwara Parbandhak Committee Amritsar Teja Singh Mundri Hall Sri Amritsar Pan:Aants1981K (Appellant) (Respondent)

Section 10Section 12ASection 2Section 80Section 80GSection 80G(5)(iii)

…. The Hon’ble Tribunal has no jurisdiction to doubt Registration u/s 12AA, when the same has not been doubted by the CIT in the impugned Order. Reliance is placed on the decision of the Hon’ble Supreme Court in the case of MCorp Global Pvt. Ltd. v. CIT (2009) 309 ITR 434 (SC) wherein it has been held: “6. In the case of Hukumchand Mills Ltd. v. CIT reported in (1967) 63 ITR 232 this Court has held that under Section 33(4) of the Income-tax Act, 1922 (equivalent to Section 254(1) of the 1961 Act), the Tribunal was not authorized to take back the benefit granted to the Assessee by the AO. The Tribunal has no power…

FORTIS HOSPITALS LTD vs. ACIT CIRCLE 9(2) NEW DELHI

ITA-132/2021HC Delhi29 Jul 2021

Bench: The Learned

Section 143(3)Section 194LSection 254(2)Section 260ASection 32(1)(ii)

…spondent. Placing reliance on the judgments of the Supreme Court in Hukumchand Mills Ltd. v. Commissioner of Income Tax, Central Bombay, AIR 1967 SC 455: (1967) 63 ITR 232; and MCorp Global Pvt. Ltd. v. Commissioner of Income Tax, (2009) 3 SCC 420: (2009) 309 ITR 434, the learned senior counsel for the appellant submits that that the learned ITAT has no power to enhance the assessment or take back the benefit granted to the assessee by the Assessing Officer. He further places reliance on: 2021:DHC:2240-DB ITA 132/2021…

FORTIS HOSPITALS LTD

ITA/132/2021HC Delhi29 Jul 2021

Bench: The Learned

Section 143(3)Section 194LSection 254(2)Section 260ASection 32(1)(ii)

…spondent. Placing reliance on the judgments of the Supreme Court in Hukumchand Mills Ltd. v. Commissioner of Income Tax, Central Bombay, AIR 1967 SC 455: (1967) 63 ITR 232; and MCorp Global Pvt. Ltd. v. Commissioner of Income Tax, (2009) 3 SCC 420: (2009) 309 ITR 434, the learned senior counsel for the appellant submits that that the learned ITAT has no power to enhance the assessment or take back the benefit granted to the assessee by the Assessing Officer. He further places reliance on: 2021:DHC:2240-DB ITA 132/2021…

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. SHRI SAROJ KUMAR PODDAR, KOLKATA

In the result, the appeal of the Revenue is dismissed as not maintainable

ITA 2406/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Jun 2021AY 2014-15

Bench: Shri J. Sudhakar Reddy, Hon’Ble & Shri Aby T. Varkey, Hon’Ble]

Section 250

…cer. This question is no longer res integra and has been Assessing Officer. This question is no longer res integra and has been answered by the Supreme Court in MCORP Global (P.) Ltd. v. CIT Supreme Court in MCORP Global (P.) Ltd. v. CIT [2009] 178 Taxman 347/309 ITR 434 [2009] 178 Taxman 347/309 ITR 434. It was held that the Tribunal was not authorized to take back the benefit granted to the was held that the Tribunal was not authorized to take back the benefit granted to the was held that the Tribunal was not authorized to take back the benefit granted to the Assessee by the Assessing Officer Assessee by the As…

M/S. GROWMORE RESEARCH & ASSETS MANAGEMENT LTD.,MUMBAI vs. DCIT CENT. CIR. - 4(3), MUMBAI

In the result, appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 504/MUM/2019[1991-92]Status: DisposedITAT Mumbai30 Mar 2021AY 1991-92

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 1991-92 Dcit, M/S. Growmore Research Cent. Cir.-4(3) & Assets Management Central Range-4, Ltd., Room No.1921, 32, Madhuli Apartment, Vs. 19Th Floor, 3Rd Floor, Air India Bldg., Dr. Annie Besant Road, Nariman Point, Worli, Mumbai – 400 018 Mumbai - 400021 Pan: Aaacg4936C (Appellant) (Respondent) Assessment Year: 1991-92 M/S. Growmore Research Dcit & Assets Management Cent. Cir.-4(3), Ltd., Central Range-4, 32, Madhuli Apartment, Room No.1921, 3Rd Floor, Vs. 19Th Floor, Dr. Annie Besant Road, Air India Bldg., Worli, Mumbai – 400 018 Nariman Point, Pan: Aaacg4936C Mumbai - 400021

For Appellant: Shri Dharmesh Shah, A.RFor Respondent: Dr. P. Daniel, D.R
Section 147Section 14ASection 234Section 69

…l, there cannot be any scope of enhancement of assessment and, therefore, the disallowance made in the original assessment should stand. In support of this contention, he relied on the judgment of Hon'ble Supreme Court in Mcorp Global (P) Ltd. v/s CIT, [2009] 309 ITR 434 (SC). 31. On the other hand, the learned Departmental Representative submitted that this is clearly a case of double deduction and does not amount to any kind of enhancement of assessment as the verdict of the Tribunal was to examine the issue afresh. 32. We have heard the rival contentions and perused the material available on record. It is now…

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-4(3), CENTRAL RANGE-4, MUMBAI vs. M/S.GROWMORE RESEARCH & ASSET MANAGEMENT LIMITED, MUMBAI

In the result, appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 1196/MUM/2019[1991-92]Status: DisposedITAT Mumbai30 Mar 2021AY 1991-92

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 1991-92 Dcit, M/S. Growmore Research Cent. Cir.-4(3) & Assets Management Central Range-4, Ltd., Room No.1921, 32, Madhuli Apartment, Vs. 19Th Floor, 3Rd Floor, Air India Bldg., Dr. Annie Besant Road, Nariman Point, Worli, Mumbai – 400 018 Mumbai - 400021 Pan: Aaacg4936C (Appellant) (Respondent) Assessment Year: 1991-92 M/S. Growmore Research Dcit & Assets Management Cent. Cir.-4(3), Ltd., Central Range-4, 32, Madhuli Apartment, Room No.1921, 3Rd Floor, Vs. 19Th Floor, Dr. Annie Besant Road, Air India Bldg., Worli, Mumbai – 400 018 Nariman Point, Pan: Aaacg4936C Mumbai - 400021

For Appellant: Shri Dharmesh Shah, A.RFor Respondent: Dr. P. Daniel, D.R
Section 147Section 14ASection 234Section 69

…l, there cannot be any scope of enhancement of assessment and, therefore, the disallowance made in the original assessment should stand. In support of this contention, he relied on the judgment of Hon'ble Supreme Court in Mcorp Global (P) Ltd. v/s CIT, [2009] 309 ITR 434 (SC). 31. On the other hand, the learned Departmental Representative submitted that this is clearly a case of double deduction and does not amount to any kind of enhancement of assessment as the verdict of the Tribunal was to examine the issue afresh. 32. We have heard the rival contentions and perused the material available on record. It is now…

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