NTPC v. CIT, 2

Mr. Kamal Jajoo, Mumbai vs. Deputy Commissioner of Income Tax Central Circle -4(3) C B Central Range-4, Mumbai

In the result, the appeal filed by the assessee stands partly allowed

Bench: Hon‟Ble Shri Sandeep Gosainmr. Kamal Jajoo Vs. Dcit, Cc 4(3) Flat No. 2/B Jai Hind Estate Cb Central Range -4 Ld.Dr. Am Road. Air India Bldg, Nariman Point, Mumbai - 400021 Pan/Gir No. Abvpj3150A (Applicant) (Respondent) Assessee By Shri K. Gopal Revenue By Shri Avinash Karpe, Sr. Dr Date Of Hearing 29.04.2025 Date Of Pronouncement 02.06.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 14.08.2024 Passed U/S 250 Of The Income Tax Act, 1961 („The Act‟), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2011-12. 2. At The Outset, Ld. Ar Drawn Our Attention To The Petition Filed By The Assessee, Seeking Admission Of 2 Mr. Kamal Jajoo., Mumbai

…d at any stage before any authority. In this regard, I am convinced that the additional grounds raised by the assessee are purely legal in question and goes to the roots of the case and therefore, while placing reliance upon the decision of NTPC Vs. CIT, 2 to 9 ITR 383, Jute Corp of India Ltd Vs CIT 187 ITR 688 and also Ahmadabad Electricity Company Limited Vs CIT, 199 ITR 351, I allow the application filed 4 Mr. Kamal Jajoo., Mumbai by the assessee for raising additional ground and hence the additional grounds are admitted to be heard on merits. The reassessment proceedings initiated under section 147 of the…

The Indian Hotels Company Ltd, Mumbai vs. Addl CIT 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

…t the aforesaid grounds are purely legal grounds and do not require any investigation of fresh facts and can be decided on the basis of records held on record. It has been, held by the Hon'ble Supreme Court in the case of National Thermal Power Corporation 22 9 ITR 383 as well as ' the other judgments as have been relied Upon by the Ld. Counsel in its petition that assessee should be permitted to raise legal grounds at any stage, if they go to the root of the matter. 3.14. Revenue's argument to reject the additional grounds due to acquiescence and participation of the assessee in assessment proceedings: The India…