“investigation wing”

Girish Vipinchandra Patel, Mumbai vs. Income Tax Officer 35(1) (4), Mumbai

Accordingly allowed partly for The appeal of the assessee is accordingly allowed partly for The appeal of the assessee is accordingly allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2017-18 Girish Vipinchandra Patel, Income Tax Officer- 159/B, Lalita Sadan, S.V. 35(1)(4), Vs. Road, Bandra (West), Bandra Kurla Complex, Mumbai-400050. Mumbai-400051. Pan No. Aafpp 4072 L Appellant Respondent : Assessee By Mr. Girish Vipinchandra Patel, (In Person) Revenue By : Mr. R.N. D’Souza, Dr Date Of Hearing : 01/11/2022 Date Of Pronouncement : 22/12/2022

intimated to the assessee that no cognizance of the assessee’s request could be taken because firstly, neither appraisal report was received from Investigation Wing of Income-tax Department nor any other intimation was received from DDIT(inv.), secondly, the assessee did not file any proof of deposit

Deepak Srichand Bathija, Mumbai vs. NFAC, Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm & Shri M. Balaganesh, Am आयकर अपील सं/ I.T.A. No.2600/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Deepak Srichand Bathija बिधम/ Nfac, Delhi 5-B, Elegant Apartment, 3, Room No. 356 C.R. Vs. Sobhani Road, Cuffe Building, New Delhi- Parade, Mumbai-400005. 110002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaapb6001A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hari Raheja Revenue By: Shri Vaibhav Jain सुनवाई की तारीख / Date Of Hearing: 13/12/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 25.08.2022 For The Assessment Year 2012-13. 2. The Assessee Has Filed Eleven (11) Grounds, However, At The Outset, The Ld. Ar Drew Our Attention To Ground No. 1 Wherein The Assessee Has Challenged The Validity Of Reopening Of The Assessment Made By The Ao U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Without Satisfying The Condition Precedents U/S 147 Of The Act. Since It Is A Legal Issue We Would Like To Adjudicate The Same First.

satisfy the requisite condition precedent as laid down in Section 147 of the Act. According to us, when the AO received information from the Investigation Wing that the assessee has dealt with the entry provider Shri Vipul Vidur Bhatt/his concerns and assessee was a beneficiary of LTCG, then

Manohar Manak Alloys P.Ltd, Mumbai vs. ACIT 4(2), Mumbai

Appeal is allowed

Viraj Profiles Ltd. on 13.07.2017 invoices raised by the Appellant were found at the premises of M/s Viraj Profiles Ltd. The Investigation Wing concluded that the Appellant was engaged in providing accommodation bills to M/s Viraj Profiles Ltd. for supply of scrap on commission basis without actual delivery

Asstt. CIT - 1(1)(1), Mumbai vs. M/S. Global Holding Corporation P. Ltd., Mumbai

In the result, the appeal of the In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2012-13 Acit-1(1)(1), M/S Global Holding 579, Aayakar Bhavan, Corporation Pvt. Ltd., Vs. M.K. Road, 201A, Janmbhoomi Chambers, Mumbai-400020. 29 Walchand Hirachand, Ballard Estate, Mumbai- 400038. Pan No. Aaacn 8301 L Appellant Respondent : Revenue By Mr. Rakesh Garg, Cit-Dr : Assessee By Mr. K. Shivaram, Sr. Adv. & Ms. Neelam Jadhav, Ar : Date Of Hearing 11/10/2022 : Date Of Pronouncement 22/12/2022

subsequent mentioning the relevant facts of the case and subsequent mentioning the relevant facts of the case and subsequent investigation carried out by the Investigation Wing and issues investigation carried out by the Investigation Wing and issues investigation carried out by the Investigation Wing and issues M/s Global Holding Corporation

Alpana Sunil Shah, Mumbai vs. The CIT NFAC, Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2305/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2011-12) Alpana Sunil Shah बिधम/ Commissioner Of Income 23L/12Th Floor, Navjivan Tax (Appeals) Vs. Commercial Co-Op Society National Faceless Appeal Ltd, Dr. D.B. Marg, Centre (Nfac), Delhi. Mumbai Central, Mumbai- 400008. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaeps9752R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 29/11/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, Delhi Dated 30.09.2021 For Assessment Year 2011-12. 2. None Appeared For The Assessee. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition On Account Of Sale Of Shares As Unexplained Money U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Of Rs.1,41,761/- & Commission On It To The Tune Of Rs.2,835/-. The Assessee /Alpana Sunil Shah Is Carrying On The Business Of Trading & Investments In Shares, Bonds, Debentures, Securities & Financial Instruments. The Assessee Had E-Filed Its Return Of Income For The Previous Year Ended On March 31, 2011 Relevant To Ay. 2011-12 On March 15, 2012, Declaring

loss -4546 According to the AO, this scrip has been identified by the Investigation Wing as used for generating bogus LTCG/STCL. Thereafter he discussed about the modus operandi of the persons involved in claiming bogus LTCG/STCL. And thereafter, the AO was of the opinion that assessee ... investment in shares. The assessee had filed return of income of Rs.5,46,400/-. The AO has reopened the assessment based on information from Investigation Wing that the assessee has traded in the relevant assessment year scrips of M/s. G. S. Auto International ltd/ GSAIL, which according to the Investigation

Saytidevi Kantilal Bhandari, Mumbai vs. The ITO - Ward- 19(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1734/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2008-09) Saytidevi Kantilal Bhandari बिधम/ Ito, Ward-19(3)(2) Room No. 224, 2Nd Floor, 162, Tp Street, 6 Vs. Kumbharwada, Mumbai- Matru Mandir, Tardeo 400004. Road, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aghpb9079K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sanjiv M. Shah & Rajesh Chamaria Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 01/12/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax-30, Mumbai Dated 16.12.2019 For Assessment Year 2008-09. 2. At The Outset, The Assessee Drew Our Attention To The Grounds Of Appeal Wherein He Has Raised The Legal Issue Regarding Validity Of Reopening Of Assessment By Ao U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

material which would make him believe, that there is infact an escapement of income; and not that AO on receipt of adverse information from investigation wing (without collecting information about assessee’s case) jumps to conclusion and records reason to re-open the assessment, which may fall foul ... reasons recorded’ has met the same. 5. A perusal of the reasons recorded shows that the AO received information from the Investigation Wing dated 08.11.2012 regarding issue of accommodation entries in the nature of bogus Long Term 7 A.Y. 2008-09 Saytidevi Kantilal Bhandari Capital Gain (LTCG) and Short Term

Nikita Nimesh Shah, Mumbai vs. ITO Ward 19(2)(4), Mumbai

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

Bench: Shri Aby T. Varkey, Jm आयकरअपीलसं/ I.T.A. No.2352/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2009-10) Nikita Nimesh Shah बिधम/ Ito Ward 19(2)(4) 105 A Simla House, Nepean Sea Matru Mandir, Vs. Road, Malabar Hill Tardeo Road Mumbai- 400003. Mumbai-400007. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aamps4532R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satyaprakash Singh Revenue By: Shri Mahender Ahuja सुनवाईकीतारीख / Date Of Hearing: 22/11/2022 घोषणाकीतारीख /Date Of Pronouncement: 21/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

without summoning 2 AY 2009-10 Nikita Nimesh Shah the broker, and based on the investigation report submitted by the investigation wing Ahmedabad which was related to 3rd party survey/search, the lower authorities had concluded that the assessee’s broker had also indulged in misuse of client code modification

Pine Tree Consultants P.Ltd., Mumbai vs. Dy CIT Circle - 3(2)(2), Mumbai

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

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleita No.1696/Mum/2020 (A.Y: 2013-14) Pine Tree Consultants Vs. Dcit, Circle – 3(2)(2) Pvt Ltd, No.104, Raheja Aayakar Bhavan, Centre, 1St Floor, Mk Road, Free Press Journal Mumbai -400020. Marg, Nariman Point, Mumbai -400 021 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcp8816F Appellant .. Respondent Appellant By : Mr.Neelkanth Khandelwal.Ar Respondent By : Ms.Deepika Arora.Dr Date Of Hearing 23.11.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Are The Three Appeals Filed By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax(Cit(A))-8 Mumbai Passed Under Sec250 Of The Act

basis of which the Assessing Officer has formed an opinion that income chargeable to tax has escapement assessment is a report from the Investigation Wing of the Department. The Investigation Wing has reported that Mr Pravin Kumar Jain is an entry provider and that he has provided such accommodation entries ... several parties. Further, a statement of Mr Pravin Kumar Jain has been recorded by the Investigation Wing of the Department and in that statement he has accepted that he is engaged in the business of providing accommodation entries. Merely, on this the Assessing Officer has re-opened the assessment

DCIT CC-5(1), Mumbai vs. Karburi Properties Ltd, Mumbai

In the result the cross objections of the assessee are dismissed

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadaleita Nos. 461, 462 & 463/Mum/2018 (A.Y: 2007-08, 2008-09 & 2009-10) Dcit, Cc-5(1) Vs. M/S Karburi Properties Room No. 1928, 19Th Ltd., Floor, Air India Bldg 324, Master Mind – Iv Nariman Point, Royal Palms, Aarey Milk Mumbai – 400 021. Colony, Goregoan East, Mumbai - 400065

disclosing a total income of Rs. Nil. A search action was conducted u/s 132(1) of the Act by the Investigation Wing in the Jogia Group on 04.03.2010 and notice u/s 153A of the Act was issued. In response to notice, the assessee has filed the return of income

DCIT Central Circle-2(2), Mumbai vs. M/S Suchir Chemicals Pvt Ltd, Mumbai

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit –Central Circle – 2(2) V. M/S. Suchir Chemicals Pvt. Ltd., Old Cgo Building (Amalgamated Company – Manan Pharma Pvt Ltd. W.E.F 01.04.2013) Room No. 806, 8Th Floor 2Nd Floor, Shiv Ashish M.K. Road, Mumbai - 400020 Andheri Prade, Mumbai - 400005 Pan: Aaccm7533K (Appellant) (Respondent) Assessee By : Ms. Pooja Rander & Shri Rushabh Mehta Department By : Shri Manoj Sinha

them; and (d) Copy of Bank Statement through which cheques were issued. 20. Tribunal noted that Assessing Officer had referred the matter to the investigation wing of the department at Kolkata for making inquiries into the three creditors from whom share application money was received. Though report from the investigation ... mentioning of the same in the assessment order, besides not providing a copy of the same to the assessee. In the report by the investigation wing, it was mentioned that the companies were in existence and had filed income tax returns for the previous year under consideration but the Assessing

Shri. Arvind Satinderpal Ahuja, Mumbai vs. ITO (It) 1(1)(1), Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleshri Arvinderpal Satinderpal Ahuja V. Ito (International Taxation) -1(1)(1) Room No. 114, 1St Floor 21/23A, Sunset Heights Scindia House, Ballard Pier Pali Hill, Bandra (W) Mumbai – 400050 Mumbai - 400038 Pan: Addpa9627P (Appellant) (Respondent) Assessee By : Shri Pankaj Toprani & Ms. Krupa Toprani Department By : Shri Manoj Sinha

were issued and served on the assessee. Since no objections was raised the re-assessment proceedings are completed based on the report from Investigation Wing and statement of Shri Ashwin Natwarlal Sheth and M/s. Sheth Developers P. Ltd., also accepted and paid the tax @8% of on-money received

Vulvan Traders Private Limited, Mumbai vs. Principle Commissioner of Income Tex, Mumbai-5, Mumbai

The appeal of the assessee is allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Principle Commissioner Of Vulvan Traders Private Income Tax, Limited 515, 5Th Floor, 805A, Corporate Avenue, Aaykar Bhavan, Sonawala Road, Vs. Goregaon (East) Mk Road, Mumbai-400 063 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaacv1603K Assessee By : Shri Rajeev Khandelwal, Ar Revenue By : Shri Achal Sharma, Cit Dr Date Of Hearing: 21.09.2022 Date Of Pronouncement : 19.12.2022

reopened by issuing notice under Section 148 of the Act dated 28March 2019. As per the reasons recorded information was received from DDIT, Investigation Wing, Mumbai on 22nd March, 2019 that in case of Morsel Traders Pvt. Ltd., which is merged with the assessee, large value non-cash transactions ... during the F.Y. 2011-12. Majority of the credits in the bank account was found from receipt of debtors. The investigation wing held that companies, which have been made large transfer in bank accounts showing low-income low tax payments and matching sale and purchase figures, are typically paper companies