DCIT 17(2), MUMBAI vs. PRASHANT R. SAMDANI, MUMBAI

In the result the appeal filed by Revenue, and the C

Bench: Shri B.R.Baskaran & Shri Pawan Singh

section 140A(3) of the Act. The AO directed the assessee to make the payment of self-assessment tax vide notice dated 09.11.2012. Along with the direction for self- assessment tax, a show-cause notice u/s 221(1) was also issued asking the assessee as to why penalty should not be levied. The assessee contested the proceedings and filed

KISHORE DESAI,MUMBAI vs. ACIT 17(1), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri G S Pannu & Shri Sandeep Gosainassessment Year : 2011-12 Kishore Desai, Acit 17(1) 273/15 Khosla Bunder, Mumbai Vs. Darukhana, Mumbai 400 010

condone the delay in filing of the appeal. 4. In this background, both the parties were heard on merits of the issue. In brief, the relevant facts are that the assessee filed return of income on 09.08.2011 pertaining to A.Y. 2011-12, which was not accompanied by self-assessment tax payable at ` 5,06,837/-. In the penalty order

M/S. G M FABRICS P. LTD,MUMBAI vs. DY CIT -9(3)(2), MUMBAI

Appeal is partly allowed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm M/S G.M. Fabrics P. Ltd. Dy. Cit Ground Floor, -9(3)(2) Dhana Singh Compound, Room No. 418, 4Th Floor, Andheri Kurla Road, Vs. Aayakar Bhavan, Jb Nagar, M.K. Road, Mumbai-400 058 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaach 2821 F

140A of the Act. She submitted that the penalty could be levied only if the return is filed under Section 139 of the Act and assessee has not paid any tax due thereon. It was stated that when the return of income itself has been held as invalid, on such invalid return self assessment tax is not required

VINAY VIKRAM OBEROI,NAVI MUMBAI vs. ITO 22(3)4, NAVI MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainshri Vinay Vikram Oberoi Income Tax Officer-22(3)-4 22, Punit Chambers Tower 6, 3Rd Floor Plot 769-C, Sector 18 Vs. Vashi Railway Station Complex Turbhe, Vashi Vashi, Navi Mumbai 400703 Navi Mumbai 400705 Pan - Aaapo2816L Appellant Respondent

delay in payment of taxes should be condoned; 6. Moreover, the department had rightly exempted Transporters from deduction of TDS and hence accumulation of funds to make the payment of taxes (this being the first year of Payment of self- assessment tax) became unexpectedly difficult; 7. We seek the relief on the ground that in one the cases appealed before

TEHMINA K KATRAK CHARITABLE TRUST ,MUMBAI vs. ITO WARD 2(4), MUMBAI

delay (if\nany) is condonable.\n5. The Ld. CIT(A) ought to have held that the rectification u/s 154\ndenying the trust exemption itself was without jurisdiction, and\nnot a 'mistake apparent from record'.\n6. Your Appellant prays that the Deputy Commissioner of Income\nTax, CPC, (DCIT) be directed to grant the exemption under\nSection 11 of The Income

SKYLARK BUILD,MUMBAI vs. ASST CIT CEN CIR 4(2), MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

section 153C of LT. Act, 1961 can be initiated in respect to person other than searched only if incriminating material belonging to such person has been found and seized from the premises of person searched. No incriminating documents found at the person searched being M/s. Artefact Projects Ltd. no valid proceedings under section 153C of IT Act, 1961 could have

SKYLARK BUILD,MUMBAI vs. ASST CIT CEN CIR 4(2), MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

section 153C of LT. Act, 1961 can be initiated in respect to person other than searched only if incriminating material belonging to such person has been found and seized from the premises of person searched. No incriminating documents found at the person searched being M/s. Artefact Projects Ltd. no valid proceedings under section 153C of IT Act, 1961 could have

DCIT CEN CIR 4(2), MUMBAI vs. SUDHAKAR M. SHETTY, MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

section 153C of LT. Act, 1961 can be initiated in respect to person other than searched only if incriminating material belonging to such person has been found and seized from the premises of person searched. No incriminating documents found at the person searched being M/s. Artefact Projects Ltd. no valid proceedings under section 153C of IT Act, 1961 could have