Phool Chand Bajrang Lal v. ITO

Shri. Rajendra Chaturvedi, Mumbai vs. DCIT CC 2 (3), Mumbai

In the result the appeals hereinabove are partly allowed

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 2013-14

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “D”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER Assessment Year: 2013-14 Mrs. Pallavi Pandey, DCIT (CC) 2(3), Premises No.1 & 2, 8th Floor, Room No.803, 4th Floor, Old CGO Bldg. Shreepati Arcade, Vs. Pratishtha Bhavan, August Kranti Marg, M.K. Road, Nana Chowk, Mumbai - 400020 Mumbai – 400 036 PAN: AGUPC 1894N (Appellant) (Respondent) Assessment Year: 2013-14 Shri Rajendra DCIT (CC) 2(3), Chaturvedi, 8th Floor, Room No.803, Premises No.1 & 2, Old CGO Bldg. 4th Floor, Pratishtha Bhavan, Vs. Shreepati Arcade, M.K.…

Krishna Ramesh Sharma, Mumbai vs. DCIT Cent.Cir.-2(1), Mumbai

In the result, the appeals filed by the assessee are hereby allowed

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4915/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 ) Mrs. Krishna Ramesh बिधम/ Dcit-Central Circle 2(1) Sharma Mumba, Old Cgo Building, Vs. Flat No. 1101, Sadguru Pratistha Bhawan, M. K. Kalyan Building, Junction Of Road, Mumbai-400020. 13Th & 17 Road, Khar, Mumbai400052. आयकर अपील सं/ I.T.A. No. 4916/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ Mr. Ramesh H. Sharma Dcit-Central Circle 2(1) Flat No. 1101, Sadguru Mumba, Old Cgo Building, Vs. Kalyan Building, Junction Of Pratistha Bhawan, M. K. 13Th & 17 Road, Khar, Road, Mumbai-400020. Mumbai400052. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. :Aaops5770R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anant Pai Revenue By: Shri Manpreet Singh Duggal (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/11/2020 घोषणा की तारीख /Date Of Pronouncement: 17/12/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -48, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2010-11. Ita. No.4916/Mum/2018

…atter of controversy has been decided. Since the assessee was not failure to for the disclosure of all the material facts necessary for assessment, therefore, the reopening is also bad in view of the decision in the case of (i) Phool Chand Bajrang Lal Vs. ITO 203 ITR 456, 477 (ii) ALA Firm Vs. CIT 189 ITR 285, 298 (iii) Indian and Eastern Newspaper Society Vs. CIT 119 ITR 996, 1004 & ITO Vs. Lakhmani Mewal Das 103 ITR 437, 445. On appraisal of the above said finding, it is apparent that the assessment could only be reopened on account of disclosure of new matter of knowledge of fresh facts which were not present…

Aditya Birla Telecom Ltd, Mumbai vs. Asst CIT 5(1), Mumbai

Bench: Sri Mahavir Singh, Vp & Sri Rajesh Kumar, Am आयकर अपील िं./ Ita No. 2350/Mum/2013 (निर्ाारण वर्ा / Assessment Year 2007-08) Vodafone Idea Limited The Asst. Commissioner Of (Successor To Aditya Birla Telecom Income Tax Limited) Aayaker Bhavan, M.K. Road, बिाम/ 10Th Floor, Birla Centurion, Century Churchgate, Mumbai Vs. Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा िं./Pan No. Aaacb2100P अपीलार्थी की ओर े/ Appellant By : Shri Yogesh Thar, Ar प्रत्यर्थी की ओर े/ Respondent By : Shri Michael Jerald, Sr.Dr ुिवाई की तारीख / Date Of Hearing: 22.07.2020 घोर्णा की तारीख / Date Of Pronouncement: 11.08.2020 आदेश / O R D E R

…आयकर अपीलीय अधिकरण “A” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI श्री महावीर स िंह, उपाध्यक्ष एविं श्री राजेश कुमार, लेखा दस्य के मक्ष । BEFORE SRI MAHAVIR SINGH, VP AND SRI RAJESH KUMAR, AM आयकर अपील िं./ ITA No. 2350/Mum/2013 (निर्ाारण वर्ा / Assessment Year 2007-08) Vodafone Idea Limited The Asst. Commissioner of (Successor to Aditya Birla Telecom Income Tax Limited) Aayaker Bhavan, M.K. Road, बिाम/ 10th Floor, Birla Centurion, Century Churchgate, Mumbai Vs. Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा िं.…

Ashapura Minechem Ltd, Mumbai vs. Deputy Commissioner of Income Tax, Central Circle 3(3), Mumbai

In the result, the appeal is allowed

Bench: Us Is A Listed Public Limited Company Engaged In The Business Of Mining Bauxite & Selling The Same In Domestic As Well As International Market. The Assessee Had Filed An Income Tax Return Disclosing Total Loss Of Rs 509.11 Crores Whereas The Assessment Under

…ITA No. 6974/Mum/17 Assessment year: 2011-12 Page 1 of 11 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘A’ BENCH, MUMBAI [Coram: Justice P P Bhatt (President) and Pramod Kumar (Vice President)] ITA No. 6974/Mum/17 Assessment year: 2011-12 Ashapura Minichem Limited ……………….………Appellant c/o H N Motiwala & Co, 50 Sharda Chambers, 33 New Marine Lines, Mumbai 400 020 [PAN: AAACA0957F] Vs Deputy Commissioner of Income Tax Central Circle 3(3), Mumbai ……………………Respondent Appearances by H N Motiwala for the appellant Anadi Verma for the respondent February 19th ,2020 Date of concluding the hearing: : Date of pronouncement…

Shree Shankar Sarees, Mumbai vs. ITO 18 (3)(3), Mumbai

In the result, the appeals are partly allowed

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2008-09 & Assessment Year: 2010-11

…knowledge of the AO only after the original assessment order was passed in this case. Reliance was placed on the decision in ITO v. Purushottam Das Bangur (1997) 224 ITR 362 (SC) and M/s. Phool Chand Bajrang Lal and Anr. v. Income Tax Officer and Anr., (1993) 203 ITR 456 (SC). ITA 2750 & 2751/MUM/2019/A.Y.2008-09 & 2009-10 SHREE SHANKAR SAREES 4 Thus, the ld. DR supports the order passed by the ld. CIT(A) on the above ground of appeal. 7. We have heard the rival submissions and perused the relevant material available on record. In the instant case, we find that the AO reopened the assessment on the basis of t…

Shree Shankar Sarees, Mumbai vs. ITO 18 (3)(3), Mumbai

In the result, the appeals are partly allowed

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2008-09 & Assessment Year: 2010-11

…knowledge of the AO only after the original assessment order was passed in this case. Reliance was placed on the decision in ITO v. Purushottam Das Bangur (1997) 224 ITR 362 (SC) and M/s. Phool Chand Bajrang Lal and Anr. v. Income Tax Officer and Anr., (1993) 203 ITR 456 (SC). ITA 2750 & 2751/MUM/2019/A.Y.2008-09 & 2009-10 SHREE SHANKAR SAREES 4 Thus, the ld. DR supports the order passed by the ld. CIT(A) on the above ground of appeal. 7. We have heard the rival submissions and perused the relevant material available on record. In the instant case, we find that the AO reopened the assessment on the basis of t…

Bipin Mangalji Sanghvi, Mumbai vs. ITO 17(1)(2), Mumbai

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

Bench: Shri Shamim Yahya (Am)

…TR 34 (SC) has held that at the stage of reopening only prima facie escapement of income is required and whether income has escaped assessment or not, is a matter to be decided at the time of reassessment. Similarly in the case of Phoolchand Bajranglal (1993) 203 ITR 456, the Hon'ble Supreme Court has held that the court cannot go into the sufficiency or adequacy of reasons. On the present facts, I find that the AO is in possession of information on the basis of which he has formed a reason to believe that income has escaped assessment. The information with him has a direct nexus with the reason for reopening. I…