NIRMIT JATIN LATHIA,MUMBAI vs. ITO 29(2)(2), MUMBAI

In the result, both the appeals of the assessee and Revenue

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2010-11 Nirmit Jatin Lathia, Ito 29(2)(2), 2B/101, Jain Upashraya Lane, Kautilya Bhavan, Bkc, Vs. Tagore Nagar, Vikhroli East, Mumbai-400051. Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent Assessment Year: 2010-11 Ito 41(2)(3), Nirmit Jatin Lathia, Room No. 732, Om Sai Chs, Bldg. No. 2, B-Wing, Kautilya Bhavan, Bkc, Vs. Flat No. 101, Opp Bharat Nagar Mumbai-400051. Jain Upashraya Lane, Vikhroli (E), Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent

142(1) after issuing notice u/s 143(2). u/s 143(2). e. The Id. A.O. has not issued any notice u/s 129 for change in e. The Id. A.O. has not issued any notice u/s 129 for change in e. The Id. A.O. has not issued any notice u/s 129 for change in incumbent. Nirmit Jatin Lathia

ITO 6 (1)(1), MUMBAI vs. M/S A J COAL PVT LTD., MUMBAI

In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Ito-6(1)(1), M/S A.J. Coal Pvt. Ltd., Aayakar Bhavan, 24A, Coal Depot, Sewree (E), Vs. Room No. 503, 5Th Floor, M.K. Mumbai-400015. Road, New Marine Lines, Mumbai-400020. Pan No. Aabca 0386 M Appellant Respondent Assessment Year: 2009-10 M/S A.J. Coal Pvt. Ltd., Ito-6(1)(1), C/O M/S Jayesh Sanghrajka & Aayakar Bhavan, Room No. 503, Co. Llp, 405, Hind Rajasthan Vs. 5Th Floor, M.K. Road, New Marine Centre, Ds Phalke Road, Dadar Lines, Mumbai-400020. (East), Mumbai-400014. Pan No. Aabca 0386 M Appellant Respondent

142(1) was issued on 20.06.2016. In response to the notices the authorised representative of the assessee attended from the authorised representative of the assessee attended from the authorised representative of the assessee attended from time to time and filed replies as recorded by the AO in time to time and filed replies as recorded by the AO in time

M/S A J COAL PVT LTD.,MUMBAI vs. ITO 6 (1)(1), MUMBAI

In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Ito-6(1)(1), M/S A.J. Coal Pvt. Ltd., Aayakar Bhavan, 24A, Coal Depot, Sewree (E), Vs. Room No. 503, 5Th Floor, M.K. Mumbai-400015. Road, New Marine Lines, Mumbai-400020. Pan No. Aabca 0386 M Appellant Respondent Assessment Year: 2009-10 M/S A.J. Coal Pvt. Ltd., Ito-6(1)(1), C/O M/S Jayesh Sanghrajka & Aayakar Bhavan, Room No. 503, Co. Llp, 405, Hind Rajasthan Vs. 5Th Floor, M.K. Road, New Marine Centre, Ds Phalke Road, Dadar Lines, Mumbai-400020. (East), Mumbai-400014. Pan No. Aabca 0386 M Appellant Respondent

142(1) was issued on 20.06.2016. In response to the notices the authorised representative of the assessee attended from the authorised representative of the assessee attended from the authorised representative of the assessee attended from time to time and filed replies as recorded by the AO in time to time and filed replies as recorded by the AO in time

KHANGARAM K DEWASI,MUMBAI vs. DCIT ,CC-2(3), MUMBAI

In the result, the appeal

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 Mr. Khangaram K. Dewasi, Prop. The Dcit, Central Circle-2(3), Of Shreenathji Metal & Alloys, Mumbai-21 Shop No. 5, Sultan Market, Opp. Vs. Ash Krishna Bldg. Andheri Ghatkoper Road, Sakinaka, Andheri (East), Mumbai-400072. Pan No. Aeepd 8897 C Appellant Respondent Assessee By : Mr. Bharat Kumar, Ar Revenue By : Mr. Ajeya Kumar Ojha, Dr Date Of Hearing : 28/06/2022 Date Of Pronouncement : 05/08/2022

142(1), the assessee vide letter dated 11/08/2014 letter dated 11/08/2014 intimated the Assessing Officer Assessing Officer that the original return that the original return filed under section 139(1) of the section 139(1) of the Act (On 11/08/2009) might be treated as (On 11/08/2009) might be treated as return in response to notice under section

KHANGARAM K. DEWASI,MUMBAI vs. DCIT, CC-2(3), MUMBAI

In the result, the appeal

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 Mr. Khangaram K. Dewasi, Prop. The Dcit, Central Circle-2(3), Of Shreenathji Metal & Alloys, Mumbai-21 Shop No. 5, Sultan Market, Opp. Vs. Ash Krishna Bldg. Andheri Ghatkoper Road, Sakinaka, Andheri (East), Mumbai-400072. Pan No. Aeepd 8897 C Appellant Respondent Assessee By : Mr. Bharat Kumar, Ar Revenue By : Mr. Ajeya Kumar Ojha, Dr Date Of Hearing : 28/06/2022 Date Of Pronouncement : 05/08/2022

142(1), the assessee vide letter dated 11/08/2014 letter dated 11/08/2014 intimated the Assessing Officer Assessing Officer that the original return that the original return filed under section 139(1) of the section 139(1) of the Act (On 11/08/2009) might be treated as (On 11/08/2009) might be treated as return in response to notice under section

KHANGARAM K. DEWASI,MUMBAI vs. DCIT- CC-2(3), MUMBAI

In the result, the appeal

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 Mr. Khangaram K. Dewasi, Prop. The Dcit, Central Circle-2(3), Of Shreenathji Metal & Alloys, Mumbai-21 Shop No. 5, Sultan Market, Opp. Vs. Ash Krishna Bldg. Andheri Ghatkoper Road, Sakinaka, Andheri (East), Mumbai-400072. Pan No. Aeepd 8897 C Appellant Respondent Assessee By : Mr. Bharat Kumar, Ar Revenue By : Mr. Ajeya Kumar Ojha, Dr Date Of Hearing : 28/06/2022 Date Of Pronouncement : 05/08/2022

142(1), the assessee vide letter dated 11/08/2014 letter dated 11/08/2014 intimated the Assessing Officer Assessing Officer that the original return that the original return filed under section 139(1) of the section 139(1) of the Act (On 11/08/2009) might be treated as (On 11/08/2009) might be treated as return in response to notice under section

HEMAL MAGANLAL SHAH,MUMBAI vs. CIT (A) NFAC, DELHI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T Varkey & Shri Gagan Goyalhemal Maganlal Shah 84, 4Th Floor, Pankaj-B, Lbs Road, Ghatkopar (W), Mumbai-400086. Pan: Amfps8271G ...... Appellant Vs. The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Mumbai. ..... Respondent Appellant By : Sh. H.M. Shah Respondent By : Sh. Prasoon Kabra Date Of Hearing : 17/05/2022 Date Of Pronouncement : 10/08/2022 Order Per Gagan Goyal, A.M:

1)(c) of the Income-tax Act, 1961 - Penalty - For concealment of income - Assessment year 1984-85 – For relevant assessment year assessee filed return disclosing certain income - Subsequently, a search was carried out in premises of assessee and books of account and other documents were seized - Statutory audit was done under section 142(2A) wherein auditor brought out bogus purchases

RAJKUMARI SINGH,NAVI MUMBAI vs. DCIT CEN CIR 8, MUMBAI

Bench: Shri Joginder Singh () & Shri G Manjunatha ()

142(1) of the 6 Hydroair Tectonics (PCD) Ltd Act, were issued. In response to notices, the authorised representative of the assessee appeared from time to time and filed various details, as called for. The assessment has been completed u/s 144 r.w.s. 153A of the Act, on 28-03- 2013 determining total income at Rs.29,60,160 by making various

HYDROAIR TECTONICS (PCD) LTD,NAVI MUMBAI vs. DCIT CEN CIR 2(1), MUMBAI

Bench: Shri Joginder Singh () & Shri G Manjunatha ()

142(1) of the 6 Hydroair Tectonics (PCD) Ltd Act, were issued. In response to notices, the authorised representative of the assessee appeared from time to time and filed various details, as called for. The assessment has been completed u/s 144 r.w.s. 153A of the Act, on 28-03- 2013 determining total income at Rs.29,60,160 by making various

ITO 25(2)(1), MUMBAI vs. ACTUBE ENTERPRISES, MUMBAI

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3941/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Income Tax Officer-25(2)(1) Actube Enterprises Room No. 505, C-10, 5Th 27, Laxmi Flat Owner Floor, Pratyakshkar Chs Limited , V. Bhavan, Bkc, M.G. Road Extension, Bandra(East), Vile Parle(East), Mumbai-400051 Mumbai-400057 स्थायी ऱेखा सं./ Pan: Aabfa2570J (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Vivek Anand Ojha (Dr) Assessee By: Apurva R. Shah (Ar) सुनवाई की तारीख /Date Of Hearing : 01.07.2019 घोषणा की तारीख /Date Of Pronouncement : 05.08.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 3941/Mum/2017, Is Directed Against Appellate Order Dated 15.03.2017 In Appeal No. Cit(A)-37/It-722/Ito-25(2)(1)/15-16, Passed By Learned Commissioner Of Income Tax (Appeals)-37, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year(Ay) 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 31.12.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay:2010-11. I.T.A. No.3941/Mum/2017

bogus purchases are as under:- Name of the party VAT No. SI. Transaction amount NO. (In Rs.) 1 27440561142V Alok Trading Co.. 1,17,524 2. 27960621869V 8,09,923 Anlket Industries 3. 27930713987V 8,75,477 Mico Steels 4. 27340354975V 10,77,652 R.K. Matel 5. 27940626827V 12,83,842 Ujwal Enterprises 6. 27190660365V 2,23,142 Bohra

DENA BANK,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX 2, MUMBAI

In the result, appeal filed by the assesse is allowed

Bench: Shri G. Manjunatha & Shri Ravish Sooddena Bank Vs. Pcit-2 Room No.344, 3Rd Floor Accounts Department Dena Bank Building Aaykar Bhawan 2Nd Floor M.K.Road 17/B, Horniman Circle Mumbai-400 020 Fort, Mumbai-400 023 Pan/Gir No.Aaacd4249B Appellant) .. Respondent)

142 to 146 of case law index). In para 11 of The said decision (refer page 145- 146), the Hon’ble Supreme Court clearly held that having regard to The object behind the enactment of section 43B, the Legislative intent would be achieved by giving benefit of deduction to an Assessee upon advance deposit of central excise duty notwithstanding

RATNAGIRI STAINLESS P. LTD,MUMBAI vs. ITO 5(3)(1), MUMBAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 4463/Mum/2016 ("नधा"रण वष" / Assessment Year : 2009-10) M/S Ratnagiri Stainless Pvt. Income Tax Officer 5(3)(1), बनाम/ Ltd., Mumbai. V. 21/23, Laxmi Niwas, 2 Nd Parsiwada Lane, Opp V.P. Road Police Station, Mumbai – 400 004. "थायी लेखा सं./Pan : Aadcr2993P (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

142(1), and any tax or refund was found due on the basis of such return after adjustment of ITA 4463/Mum/2016 17 tax deducted at source, any advance tax or any amount paid otherwise by way of tax or interest, an intimation was to be sent without prejudice to the provisions of section 143(2) to the assessee specifying

DCIT, MUMBAI vs. BHAGWANA RAM BISHNOI, MUMBAI

Accordingly, the appeal ordingly, the appeals of the assessee as well as Revenue are of the assessee as well as Revenue are dismissed

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2012-13 Bhagwana Ram Bishnoi, Dcit Circle 19(1), Shop No. 01, Ground Floor, Piramal Chambers Dr. Ss Rao Vs. Radhakrishna Co-Op. Hsg. Soc., 4Th Marg, Parel, Floor, Khetwadi Lane Khetwadi Mumbai-400012. Mumbai-400004. Pan No. Acopb 3309 B Appellant Respondent Assessment Year: 2012-13 Dcit Circle 19(1), Bhagwana Ram Bishnoi, Piramal Chambers Dr. Ss Rao Marg, Shop No. 01, Gound Floow, Vs. Parel, Radhakrishna Co-Op. Hsg. Mumbai-400012. Soc., 4Th Floor, Khetwadi Lane Khetwadi Mumbai-400004. Pan No. Acopb 3309 B Appellant Respondent

142(1) dated dated dated 26.08.2019, 26.08.2019, 26.08.2019, 05.09.2019, 16.09.2019 and 30.09.2019 were issued and duly 05.09.2019, 16.09.2019 and 30.09.2019 were issued and duly 05.09.2019, 16.09.2019 and 30.09.2019 were issued and duly served. During the reasse served. During the reassessment proceedings, the Assessing Officer ssment proceedings, the Assessing Officer also caused a notice under section

BHAGWANA RAM BISHNOI,MUMBAI vs. DCIT CIRCLE 19(1), MUMBAI

Accordingly, the appeal ordingly, the appeals of the assessee as well as Revenue are of the assessee as well as Revenue are dismissed

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2012-13 Bhagwana Ram Bishnoi, Dcit Circle 19(1), Shop No. 01, Ground Floor, Piramal Chambers Dr. Ss Rao Vs. Radhakrishna Co-Op. Hsg. Soc., 4Th Marg, Parel, Floor, Khetwadi Lane Khetwadi Mumbai-400012. Mumbai-400004. Pan No. Acopb 3309 B Appellant Respondent Assessment Year: 2012-13 Dcit Circle 19(1), Bhagwana Ram Bishnoi, Piramal Chambers Dr. Ss Rao Marg, Shop No. 01, Gound Floow, Vs. Parel, Radhakrishna Co-Op. Hsg. Mumbai-400012. Soc., 4Th Floor, Khetwadi Lane Khetwadi Mumbai-400004. Pan No. Acopb 3309 B Appellant Respondent

142(1) dated dated dated 26.08.2019, 26.08.2019, 26.08.2019, 05.09.2019, 16.09.2019 and 30.09.2019 were issued and duly 05.09.2019, 16.09.2019 and 30.09.2019 were issued and duly 05.09.2019, 16.09.2019 and 30.09.2019 were issued and duly served. During the reasse served. During the reassessment proceedings, the Assessing Officer ssment proceedings, the Assessing Officer also caused a notice under section

BANK OF INDIA,MUMBAI vs. ACIT-2(1)(2), MUMBAI

In the result, the appeal by the Revenue for the assessment year 2018-

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhailita No.1452/Mum/2023 Assessment Year : 2016-17 Assessment Year : 2018-19

142(1) of the Act were issued and served on the assessee. During the year under consideration, the assessee earned income total amounting to Rs.57,84,37,239, which is exempt under section 10 of the Act. The assessee also incurred an amount of Rs.30,071.84 crore as interest on the borrowed funds as against receipts of Rs.41,796.64 crore

ACIT, CIRCLE-2(1)(1), MUMBAI vs. M/S BANK OF INDIA, MUMBAI

In the result, the appeal by the Revenue for the assessment year 2018-

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhailita No.1452/Mum/2023 Assessment Year : 2016-17 Assessment Year : 2018-19

142(1) of the Act were issued and served on the assessee. During the year under consideration, the assessee earned income total amounting to Rs.57,84,37,239, which is exempt under section 10 of the Act. The assessee also incurred an amount of Rs.30,071.84 crore as interest on the borrowed funds as against receipts of Rs.41,796.64 crore

KONARK INFRASTRUCTURE ( WATER SUPPLY- UMC) (J/V),ULHASNAGAR vs. DCIT, CENTRAL CIRCLE - 4 , THANE

In the result, all the appeals of the Revenue are dismissed and the appeals of the assessee for AY 2013-14 is allowed, for AYs

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. Nos. 3021, 3022, 3023 & 3024/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Konark Infrastructure बिधम/ Dcit, Central Circle – 4 (Water Supply-Umc) (J/V) 6Th Floor, Ashar It Park, Vs. 1St Floor, Sapna Talkies, 16Z, Waghle Estate, Konark Plaza, Near Sapna Thane (W) Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) आयकर अपील सं/ I.T.A. Nos. 3058, 3061, 3060 & 3059/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Dcit, Central Circle – 4 बिधम/ Konark Infrastructure 6Th Floor, Ashar It Park, (Water Supply-Umc) Vs. 16Z, Waghle Estate, Thane (J/V) (W) 1St Floor, Sapna Talkies, Konark Plaza, Near Sapna Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Shri Biswanant Das, Cit Dr सुनवाई की तारीख / Date Of Hearing: 06 & 14/02/2024 घोषणा की तारीख /Date Of Pronouncement: 27/02/2024 आदेश / O R D E R Per Bench All These Appeals Preferred By The Revenue & The Assessee Are Against The Orders Of The Ld. Cit(A)-11, Pune, All Dated 30-06- 2023 For Ays 2013-14, 2014-15, 2015-16 & Ay 2017-18. Since The Issues Involved Are Common, All The Appeals Have Been Heard Together. Both The Parties Also Raised Similar Arguments On These A.Ys. 2013-14 To 2015-16 Konark Infrastructure., Issues. Accordingly, We Dispose Off All These Appeals By This Consolidated Order For The Sake Of Convenience.

142 and 143 and making of the order of assessment by the Assessing Officer under sections 143(3) or 144 and issuing of notice of demand under section 156 on the basis of the assessment order. The making of the order of assessment is an integral part of the process of assessment. No such steps are required to be followed

ASSISTANT COMMISSIONER OF INCOME TAX, THANE WEST vs. KONARK INFRASTRUCTURE (WATER SUPPLY-UMC)(JV), ULHASNAGAR, ULHASNAGAR

In the result, all the appeals of the Revenue are dismissed and the appeals of the assessee for AY 2013-14 is allowed, for AYs

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. Nos. 3021, 3022, 3023 & 3024/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Konark Infrastructure बिधम/ Dcit, Central Circle – 4 (Water Supply-Umc) (J/V) 6Th Floor, Ashar It Park, Vs. 1St Floor, Sapna Talkies, 16Z, Waghle Estate, Konark Plaza, Near Sapna Thane (W) Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) आयकर अपील सं/ I.T.A. Nos. 3058, 3061, 3060 & 3059/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Dcit, Central Circle – 4 बिधम/ Konark Infrastructure 6Th Floor, Ashar It Park, (Water Supply-Umc) Vs. 16Z, Waghle Estate, Thane (J/V) (W) 1St Floor, Sapna Talkies, Konark Plaza, Near Sapna Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Shri Biswanant Das, Cit Dr सुनवाई की तारीख / Date Of Hearing: 06 & 14/02/2024 घोषणा की तारीख /Date Of Pronouncement: 27/02/2024 आदेश / O R D E R Per Bench All These Appeals Preferred By The Revenue & The Assessee Are Against The Orders Of The Ld. Cit(A)-11, Pune, All Dated 30-06- 2023 For Ays 2013-14, 2014-15, 2015-16 & Ay 2017-18. Since The Issues Involved Are Common, All The Appeals Have Been Heard Together. Both The Parties Also Raised Similar Arguments On These A.Ys. 2013-14 To 2015-16 Konark Infrastructure., Issues. Accordingly, We Dispose Off All These Appeals By This Consolidated Order For The Sake Of Convenience.

142 and 143 and making of the order of assessment by the Assessing Officer under sections 143(3) or 144 and issuing of notice of demand under section 156 on the basis of the assessment order. The making of the order of assessment is an integral part of the process of assessment. No such steps are required to be followed