Sesa Goa Ltd. v. Addl.CIT

RAHEJA SHERWOOD COOPERATIVE HOUSING SOCIETY LTD ,MUMBAI vs. ITO WARD 41(4)(3), MUMBAI

Appeal is allowed for statistical purposes

Bench: Shri Narender Kumar Choudhryassessment Year: 2020-21 M/S. Raheja Sherwood Ito Ward 41 (4) (3), Cooperative Housing Society C41-43, G Block Bkc, Ltd., Gilban Area, Nirlon Compound, Vs. Bandra Kurla Complex, Western Express Highway, Bandra East, Goregaon East, Mumbai - 400051 Mumbai – 400063. Pan: Aabtr1763L (Appellant) (Respondent) Present For: Assessee By : Shri Kinjal Bhuta, Ld. A.R. Revenue By : Shri Praveen K. Srivastav, Ld. Sr. D.R. Date Of Hearing : 17.11.2025 Date Of Pronouncement : 17.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2020-21. 2. In This Case, The Assessee Had Declared Its Total Income At Rs.38,15,171/- & Claimed The Deduction Of Rs. Rs.35,10,843/- U/S 80P(2)(D) Of The Act, By Filing Its Return Of Income For The A.Y Under Consideration On Dated 09/01/2021, Which Was Subsequently Selected For Complete Scrutiny Under Cass & Resulted Into Assessing The Income Of The Assessee To The Rs.17,16,067/- While Disallowing Of Deduction Claimed U/S 2 M/S. Raheja Sherwood Cooperative Housing Society Ltd.

…m a deduction either in the return of income or by filing revised return of income, the Assessee can make such claim subsequently and the Appellate Authority can consider such claim. 7. The Hon'ble Bombay High Court in the case of Sesa Goa Ltd. Vs. Addl. CIT 430 ITR 114, has also held that the Assessee could make additional claim for deduction before the appellate authorities, which ought to be considered. 8. Even otherwise Article 265 of the constitution mandates that “no tax shall be levied or collected except by authority of law.” 4 M/s. Raheja Sherwood Cooperative Housing Society Ltd. 9. Coming to the inst…

ARADHANA CO OPERATIVE HOUSING SOCIETY LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX WARD 20(1)(1), MUMBAI

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

Bench: Shri Sandeep Gosain

…ent, the issue before your honour is regarding the admissibility of additional ground under the Act. In this respect, your kind attention is drawn to the decision of Hon'ble Bombay High Court, Panaji Bench in the case of Sesa Goa Ltd vs. Additional CIT (2021) 430 ITR 114 (Bom) wherein it has 5 Andhra Co-op Housing Society Ltd, Mumbai. been held that the ITAT (Appeals) has undoubted power to consider a claim for deduction not raised in the return or revised return. The relevant para 10 of the judgement is quoted as below: "10. According to us, the approach of the Commissioner of the Income-tax (Appeals) and the…

ASSTT. COMMISSIONER OF INCOME TAX-CENTRAL CIRCLE5(4), MUMBAI vs. M/S. LARSEN & TOUBRO LIMITED ( FORMERLY KNOWN AS L & T SHIPBUILDING LIMITED ), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2016-17 Dy. Commissioner Of M/S. Larsen & Toubro Income Tax, Limited (Formerly Known Central Circle-5(4), As L & T Shipbuilding Room No.1927, 19Th Floor, Limited), Vs. Air India Building, L&T House, Nariman Point, N.M. Marg, Mumbai - 400021 Ballard Estate, Mumbai – 400 001 Pan: Aaacl0140P (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND MS. PADMAVATHY S, ACCOUNTANT MEMBER Assessment Year: 2016-17 Dy. Commissioner of M/s. Larsen & Toubro Income Tax, Limited (Formerly known Central Circle-5(4), as L & T Shipbuilding Room No.1927, 19th Floor, Limited), Vs. Air India Building, L&T House, Nariman Point, N.M. Marg, Mumbai - 400021 Ballard Estate, Mumbai – 400 001 PAN: AAACL0140P (Appellant) (Respondent) CO No.104/M/2023 (Arising out of ITA No.2350/M/2023) Assessment Year: 2016-17 M/s. Larsen & Toubro Asst. Commissioner of Limited (Successor t…