BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

Section 153A is relatable to abated proceedings (i.e. those pending on the date of search) and the word „reassess‟ to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

Section 153A is relatable to abated proceedings (i.e. those pending on the date of search) and the word „reassess‟ to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

Section 153A is relatable to abated proceedings (i.e. those pending on the date of search) and the word „reassess‟ to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis

WIND WORLD INDIA LTD.,MUMBAI vs. DCIT CENTRAL CIRCLE-3(1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

DCIT - CC 3(1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

DCIT CENTRAL CIRCLE 3 (1), MUMBAI vs. WIND WORLD INDIA LIMITED, MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

WIND WORLD INDIA LTD.,MUMBAI vs. DCIT CENTRAL CIRCLE-3(1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

DCIT CENTRAL CIRCLE-3(1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

WIND WORLD INDIA LIMITEAD,MUMBAI vs. DCIT CENTRAL CIRCLE-3(1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

DCIT - CC 3 (1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

DCIT CENTRAL CIRCLE-3(1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

WIND WORLD INDIA LIMITEAD,MUMBAI vs. DCIT CENTRAL CIRCLE-3(1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

WIND WORLD INDIA LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 3 (1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

WIND WORLD INDIA LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 3 (1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

GOVIND AGARWAL. HUF,MUMBAI vs. ACIT CEN CIR 32, MUMBAI

In the result, the appeals of the assessee’s are allowed in part, in terms indicated hereinabove, whereas the Revenue’s appeals are dismissed

Bench: Shri R.C.Sharma, Am & Shri Sanjay Garg, Jm आयकर अपील सं./Ita No.4531,4566,876,877,878/Mum/2011 ("नधा"रण वष" / Assessment Years :2006-07, 2007-08, 2002-03, 2003-04 & 2005-06) Acit, Cc-32, Mumbai Vs. Manidevi Agarwal, 720, A- 1, Lok Bharti Chs Ltd., Marol Maroshi Road, Marol, Andheri(E), Mumbai- 400059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aakpa 4962 H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) & आयकर अपील सं./Ita No.4528/Mum/2011 ("नधा"रण वष" / Assessment Years : 2007-08) Acit, Cc-32, Mumbai Vs. Shri Govind Agarwal, 701, A-1, Lok Bharti Chs Ltd., Marol Maroshi Road, Marol, Andheri(E), Mumbai- 400059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adopa 4038 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) & आयकर अपील सं./Ita No.873,874/Mum/2011 ("नधा"रण वष" / Assessment Years : 2003-04 & 2004-05) Acit, Cc-32, Mumbai Vs. Shri Govind Agarwal(Huf), 720/A-5, Lok Bharti Chs Ltd., Marol Maroshi Road, Marol, Andheri(E), Mumbai- 400059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aiepa 3109 A .. (अपीलाथ" /Appellant) (""यथ" / Respondent) 876,828,4566,4547,218/11 &957/13&Co203.13

153A shall be computed by considering the originally determined income. If some incriminating material is found in respect of 11 such assessment years for which the assessment is not pending, then the 'total income' would be determined by considering the originally determined income plus income emanating from the incriminating material found during the course of search. In the other scenario

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

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

bogus sales to the extent of Rs.862.57 crores, when investigation carried out during the course of remand proceedings did not yield desired results. Further, we are of the considered view that when the assessee is a habitual offender of falsification of its books of account by booking bogus purchases as well as bogus sales, so as to siphon

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

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

bogus sales to the extent of Rs.862.57 crores, when investigation carried out during the course of remand proceedings did not yield desired results. Further, we are of the considered view that when the assessee is a habitual offender of falsification of its books of account by booking bogus purchases as well as bogus sales, so as to siphon

M/S.BALAJI BULLION & COMMODITIES (INDIA) PRIVATE LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE-40, MUMBAI

In the result, both the appeals are allowed

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm Balaji Bullion & Commodities The Dy. Commissioner Of (India) Private Limited Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002 (Appellant) (Respondent) Pan No. Aadcbo236F Balaji Universal Tradelinks P. The Dy. Commissioner Of Ltd. Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002

Bogus Share Application money under section 68 of the IT Act, 1961. Looking to the facts and in the circumstances of your Appellant's case the said addition made by the Ld. A.O. is incorrect and invalid and ought to be deleted as the provisions of section 68 has been complied with. 7. On the facts and in the circumstances