“reopening of assessment”

Kamlesh Gupta and Sons HUF, Mumbai vs. The Income Tax Officer Ward 19(2)(2), Mumbai

Bench: Shri Sandeep Gosain (Jm) & Shri Omkareshwar Chidara (Am) Kamlesh Gupta & Sons Huf Ito-19(2)(2) 95-C, Mittal Towers Piramal Chamber Nariman Point, Churchgate Vs. Lalbaug, Lower Mumbai-400 021. Parel, Mumbai-12. Pan : Aaehk4734K Appellant Respondent

appellant has relied on several cases-law before the Bench and pleaded that the reopening of assessment should be quashed. Even on merits, the Ld. AR of the appellant has argued that the appellant never took any loan from the person alleged in the reopening note. 3 Kamlesh Gupta & Sons ... even the letter sent by the Ld. AO, to appellant while disposing of the objections clearly mentioned that he applied his mind while reopening the assessment. In fact, the letter sent to appellant is a six pages note containing all facts and various-law relied on by Department to conclude

Rahul Jabarmal Jain, Mumbai vs. Assistant. Commissioner of Income Tax -19(3), Mumbai

In the result, the appeal is accordingly partly allowed for statistical purposes in the above terms

Bench: Shri B R Baskaran & Shri Raj Kumar Chauhanrahul Jabarmal Jain Vs. Acit 19(3) 1204/B 12 Floor, Pratiksha Tower, R. 5Th Floor, Piramal Chamber, S. Nimkar Marg, Mumbai Central, Lalbaug, Mumbai-400 012 Mumbai-400 008 Pan: Aempj8236K (Appellant) (Respondent)

Despite repeated request made by the assessee, proof of mandatory sanction u/s 151 of the Act and information and document relied to reopen the assessment has not been provided to the assessee. 9. The Ld. DR on the other hand supported the judgment of lower authorities and stated that ... basis of sufficient material on record available before the lower authorities. 10. We have considered the submissions and examined the impugned order. The reopening of assessment and the objection raised by the assessee has been dealt by the Ld. CIT(A) in para no. 5 to 5.4 of the impugned

Navbharat Potteries Private Limited, Mumbai vs. Deputy Commissioner of Income Tax - Circle 7(1)(1), Mumbai

In the result, appeal filed by the assessee is partly allowed in above

Bench: Shri B R Baskaran & Shri Raj Kumar Chauhan

order of AO, assessee preferred the appeal before the Ld. CIT(A). Before the Ld. CIT(A), assessee has assailed that the reopening of assessment is bad in law alleging that the assessment has been reopened merely on change of opinion and no new fact or material is available with ... value of the deemed rent at flats was not considered in terms of section 23(1)(c) of the Act and the reopening of assessment u/s 147 of the Act was on sound footing and does not need any interference. Regarding addition of Rs. 40,57,200/- as deemed income

Shah Rukh Khan, Mumbai vs. DCIT Central Circle 4(2), Mumbai

In the result, the appeal by the assessee is allowed

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalshah Rukh Khan, 44, Mannat, Bj Road, Bandstand, Bandra, Mumbai - 400050 Pan: Aahpk3293L ……………. Appellant V/S Dcit, Central Circle – 4(2) Kautilya Bhavan, Bandra Kurla Complex, Bandra East, ……………. Respondent Mumbai - 400050 Maharashtra

already directed the assessing officer to verify the same TDS deduction. However, before doing the same, the assessing officer reopened the Assessment on the same issue. 8. In the facts of the matter and in law, the Learned Commissioner Income Tax (Appeal) erred in not allowing the double taxation relief ... also raised the grounds on merits, challenging the additions made by the Assessing Officer (“AO”). Since the ground challenging the reopening of assessment under section 147 of the Act has raised a jurisdictional issue, therefore, the same is considered at the outset. 4. As far as the issue relating

Manoj Jain HUF, Mumbai vs. Income Tax Officer Ward 42(1)(3), Mumbai

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

Bench: Hon’Ble Shri Sandeep Gosainmanoj Jain Huf Vs. Ito Ward 42(1)(3) 703, Gaurav Villa, Mahavir Kautilya Bhavan, Nagar, Kandivali West, Bandra East, Mumbai Mumbai – 400067. Pan/Gir No. Aaihm4888E (Applicant) (Respondent)

information assessee is one of the beneficiary, who had traded the shares, during the year under consideration and accordingly initiated proceedings for reopening of assessment after recording reasons. 3. During the course of reassessment, the assessee submitted return of income, balance sheet, P&L account, audit report, computation of income