Union of India v. Kamalakshi Finance Corporation Ltd.

SINDHUMATI RAMAVTAR PATHAK,BORIVALI MUMBAI vs. ASST COMMISSIONER OF INCOME TAX 32 3 MUMBAI PRESENTLY DY C I T CIRCLE 42 3 1 MUMBAI, MUMBAI

In the result, Assessee’s appeal is allowed

Bench: Shri Narender Kumar Choudhry (Jm) & Shri Prabhash Shankar (Am) Sindhumati Ramavtar Pathak Acit-32(3) 4, Shree Bhalchandra Kripa Presently Cit, Circle Building, Daulat Nagar Road Vs. 42(3)(1) No. 3, Borivali East Kautilya Bhavan Bkc, Mumbai-400 066. Mumbai-51. Pan : Agbpp5972D Appellant Respondent

…fore this Bench. In the present case, the decision of the Hon'ble NonJurisdictional High Court carries only an influence. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value on the Tribunal than the decision of Hon'ble Non- Jurisdictional High Court. Considering the impugned assessment order, the ld. AO has not provided any evidence even worth a name that Assessee’s own money has been routed back to him. There is no nexus w…

NARENDRA SHANTILAL BAPNA,NAVI MUMBAI vs. INCOME TAX OFFICER, WD-28(2)(3), MUMBAI, MUMBAI

In the result, appeal filed by the assessee stands allowed

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarnarendra Shantilal Bapna V/S. Income Tax Officer, Ward – Flat No. A2501, Plot No. R3 बनाम 28(2)(3) B Emerald Bay, Sector 14, 4Th Floor, Tower No. 6, Vashi Nerul, Navi Mumbai – Station Complex, Vashi, Navi 400 706, Maharashtra Mumbai– 400703, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aclpb8458J Appellant/अपीलार्थी .. Respondent/प्रतिवादी

…unal in the present case. Further, decision of the Hon'ble Non-Jurisdictional High Court carries only a persuasive value. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value on the Tribunal than the decision of Hon'ble Non-Jurisdictional High Court. Hon'ble Supreme Court emphasised therein that the orders of Tribunal should be followed by the authorities falling within its jurisdiction so that judicial discipline would be m…

TAPAS CHATURVEDI ,MUMBAI vs. INCOME TAX OFFICER WARD 19(3)(1), MUMBAI

In the result, the Assessee's appeal is allowed

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2013-14

…Vs. Swati Bajaj (2022) 139 taxmann.com 352 (Kolkata) in sustaining the addition made by the AO to the tune of Rs.6,82,32,499/-. It is settled law, as enunciated by the Hon'ble Apex Court in the case of Union of India Vs. Kamalakshi Finance Corporation Limited 55 ELT 43 (1991) that the decision of the Hon'ble Jurisdictional High Court would have higher precedence value than the decision of the Hon'ble non-jurisdictional High Court. Further, even otherwise the Hon'ble Apex Court in the case of Vegetable Products (88 ITR 192) (SC) has held that construction i.e. favorable to the Assessee, should be adopted. Thus, on…

RAJENDRA KUMAR MUNDRA (HUF),MUMBAI vs. NATIONAL FACELESS ASSESSMENT CENTRE (NFAC), DELHI

In the result the appeal filed by the assessee stands allowed

Bench: Hon’Ble Shri Sandeep Gosain& Shri Girish Agrawalrajendra Kumar Mundra Vs. Ito, Ward 24(3)(1) (Huf) Piramal Chamber C-28, Ameya Bldg, Behind Lalbaug, Mumbai – Ymca Dn Nagar Andheri (W) 400012. 400053. Pan/Gir No.Aadh6828J (Applicant) (Respondent)

…ake cognizance of the Hon'ble Non- Jurisdictional High Court or for that matter any other Tribunal decision. The law is very well settled by the decision of Hon'ble Supreme Court in the case of Union of India Vs. Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of the Hon'ble Jurisdictional High Court would have higher precedence value than the decision of the Hon'ble Non Jurisdictional High Court or the Tribunal. Hence, we deem it follow the decision of the Hon'ble Jurisdictional High Court in the instant case before us. 14. Further, we find that in assessee's brother's case, S…

ANNU ANIL AGRAWAL,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 4(4), MUMBAI, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarआयकर अपील सुं./Ita No. 5473/Mum/2024 (नििाारण वर्ा / Assessment Year :2011-12) Annu Anil Agrawal V/S. Acit Cc 4(3), Mumbai Due C-3401/3402 Oberoi बिाम To Restructuring Current Esquire, Mohan Gokhale Jurisdiction Of Appellant Road, Off W. E. Highway, Lies With Acit 41(4)(1), Oberoi Garden City, Mumbai Goregaon East, Mumbai- Kautilya Bhawan, Bkc, 400063 Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Admpa0248F Appellant/अपीलार्थी Respondent/प्रनिवादी ..

…would prevail over this tribunal and this tribunal need not take cognizance of the Hon'ble Non-hrisdictional High Court. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value than the decision of Hon'ble Non-Jurisdictional High Court on the Tribunal." (b.) The Ld. CIT Appeal in impugned order ignored the decision of the Hon'ble Jurisdictional High Court of Bombay in Shyam Pawar case 229 Taxmann 256, which have dealt with th…

LEELA TARACHAND KOTHARI ,MUMBAI vs. INCOME TAX OFFICER -19(2)(1), , MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarleela Tarachand Kothari, V/S. Income Tax Officer – 1St Floor, Naimal Niketan, बनाम 19(2)(1), Room No. 221, 221, Khetwadi Main Road, Matru Mandir, Tardeo Road, Mumbai - 400 004, Mumbai – 400007, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaqpk2820K Appellant/अपीलार्थी .. Respondent/प्रतिवादी

…ore this Bench. In the present case, the decision of the Hon'ble Non- Jurisdictional High Court carries only a influence. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value on the Tribunal than the decision of Hon'ble Non-Jurisdictional High Court. The ld. DR also relied on the order of the coordinate bench ITAT-Mumbai-A- Bench, in the case of Aakruti Ketan Mehta (supra) which is favour of the revenue. Considering the sub…

PRASANTH SUNIL KUMAR BOHRA,MUMBAI vs. INCOME TAX OFFICER 20(2)(1), MUMBAI, MUMBAI

In the result, the appeal of the assessee bearing ITA 6725/Mum/2024 is allowed

Bench: Shri Saktijit Dey, Vice- & Shri Bijayananda Pruseth

…the subsequent order, holding them to be vitiated due to non-compliance with jurisdictional parameters and procedural requirements. The legal position is well-settled by the Hon'ble Supreme Court in Union of India v. Kamalakshi Finance Corporation Ltd. [1991] 55 ELT 43, wherein it was held that the decision of the Hon'ble Jurisdictional High Court holds a higher precedential value for the Tribunal as compared to the decision of a Non-Jurisdictional High Court. In view of the binding precedent set by the Hon'ble Jurisdictional High Court, it is evident that the Ld. AO failed to comply with the judicial parameters…

PRASANTH SUNIL KUMAR BOHRA,MUMBAI vs. INCOME TAX OFFICER 20(2)(1), MUMBAI, MUMBAI

In the result, the appeal of the assessee bearing ITA 6725/Mum/2024 is allowed

Bench: Shri Saktijit Dey, Vice- & Shri Bijayananda Pruseth

…the subsequent order, holding them to be vitiated due to non-compliance with jurisdictional parameters and procedural requirements. The legal position is well-settled by the Hon'ble Supreme Court in Union of India v. Kamalakshi Finance Corporation Ltd. [1991] 55 ELT 43, wherein it was held that the decision of the Hon'ble Jurisdictional High Court holds a higher precedential value for the Tribunal as compared to the decision of a Non-Jurisdictional High Court. In view of the binding precedent set by the Hon'ble Jurisdictional High Court, it is evident that the Ld. AO failed to comply with the judicial parameters…

JAYESH SOJPAR KARNIA HUF,MUMBAI vs. INCOME TAX OFFICER-WARD 30(1)(5), MUMBAI

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

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15

…re this Bench. In the present case, the decision of the Hon'ble Non- Jurisdictional High Court carries only an influence. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value on the Tribunal than the decision of Hon'ble Non-Jurisdictional High Court. Considering the impugned assessment order, the ld. AO has not provided any evidence even worth a name that Assessee’s own money has been routed back to him. There is no nexus w…

ITO-19(3)(1), MUMBAI, MUMBAI vs. RAICHAND PARASMAL CHOKSHI, MUMBAI

In the result, both the appeals by the revenue are dismissed

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, 305, Ashirwad Building, Lalabaug 10Th Khetwadi Lane, Vs. Mumbai 400012 Mumbai 400004. (Pan: Aaapc6486C) (Appellant) (Respondent) Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, Huf Lalabaug 305, Ashirwad Building, Mumbai 400012 Vs. 10Th Khetwadi Lane, Mumbai 400004. (Pan: Aaahr1005A) (Appellant) (Respondent) Present For: Assessee : Shri Umang Shah, Ca Revenue : Shri R.R. Makwana, Addl. Cit Date Of Hearing : 23.01.2025 Date Of Pronouncement : 22.04.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By The Revenue Are In The Case Of An Individual & Huf Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac) Delhi, Vide Order No. Itba/Nfac/S/250/2023- Ay 2017-18 24/1060184522(1) Dated 29.01.2024 For Individual & Order No. Itba/Nfac/S/250/2024-25/1064573907(1), Dated 02.05.2024 For The Huf, Passed Against The Assessment Orders By Income Tax Officer 19(3)(1), Mumbai U/S. 144 R.W.S 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.05.2023 & 21.04.2023, Respectively For Individual & Huf For Assessment Year 2017-18. 2. Appeal In Ita No. 1486/Mum/2024 Is By The Individual & That In Ita No. 3374/Mum/2024 Is By The Huf With The Present Individual As Its Karta. Common Issue Is Involved In Both The Appeals By The Revenue, Raising Identical Grounds Except For Variation In The Quantum Of Addition Made By The Ld. Assessing Officer. Accordingly, Grounds Taken By The Revenue In The Case Of Individual In Ita No. 1486/Mum/2024 Are Reproduced As Under:

…his Tribunal. In the present case, decision of the Hon'ble Non-Jurisdictional High Court carries only a persuasive value. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value on the Tribunal than the decision of Hon'ble Non- Jurisdictional High Court. Hon'ble Supreme Court emphasised therein that the orders of Tribunal should be followed by the authorities falling within its jurisdiction so that judicial discipline would be…

RAMBILAS S AGARWAL,MUMBAI vs. DCIT - 26(1), MUMBAI

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

Bench: Shri Br Baskaran & Shri Narender Kumar Choudhryassessment Year: 2014-15

…re this Bench. In the present case, the decision of the Hon'ble Non- Jurisdictional High Court carries only an influence. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value on the Tribunal than the decision of Hon'ble Non- Jurisdictional High Court. 7 Mr. Rambilas S Agarwal Considering the impugned assessment order, the ld. AO has not provided any evidence even worth a name that Assessee’s own money has been routed back…

INCOME TAX OFFICER -19(2)(2), MUMBAI vs. MITESH MEHTA HUF, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri Girish Agrawalassessment Year: 2015-16

…his Tribunal. In the present case, decision of the Hon'ble Non-Jurisdictional High Court carries only a persuasive value. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value on the Tribunal than the decision of Hon'ble Non- Jurisdictional High Court. Hon'ble Supreme Court emphasised therein 24 Mitesh Mehta HUF, AY 2015-16 that the orders of Tribunal should be followed by the authorities falling within its jurisdiction so…

MR PANKAJ GOSHAR,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 8(4), MUMBAI

Bench: Shri B.R. Baskaran & Shri Sunil Kumar Singh

…would prevail over this tribunal and this tribunal need not take cognizance of the Hon'ble Non-Jurisdictional High Court. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value than the decision of Hon'ble Non- Jurisdictional High Court on the Tribunal. The Hon'ble Supreme Court emphasised therein that the orders of the Tribunal should be followed by the authorities falling within its jurisdiction so that judicial discipline w…

DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI vs. PANKAJ DHANJI GOSHAR, MUMBAI

…would prevail over this tribunal and this tribunal need not take cognizance of the Hon'ble Non-Jurisdictional High Court. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value than the decision of Hon'ble Non- Jurisdictional High Court on the Tribunal. The Hon'ble Supreme Court emphasised therein that the orders of the Tribunal should be followed by the authorities falling within its jurisdiction so that judicial discipline w…

DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI vs. PANKAJ DHANJI GOSHAR, MUMBAI

Bench: Shri B.R. Baskaran & Shri Sunil Kumar Singh

…would prevail over this tribunal and this tribunal need not take cognizance of the Hon'ble Non-Jurisdictional High Court. The law is very well settled by the Hon'ble Supreme Court in the case of Union of India vs Kamalakshi Finance Corporation Ltd reported in 55 ELT 43 (1991) that the decision of Hon'ble Jurisdictional High Court would have higher precedence value than the decision of Hon'ble Non- Jurisdictional High Court on the Tribunal. The Hon'ble Supreme Court emphasised therein that the orders of the Tribunal should be followed by the authorities falling within its jurisdiction so that judicial discipline w…