DCIT CIR 3, THANE vs. THE THANE DISTRICT CENTRAL CO. OP. BANK LTD, THANE

In the result, cross objection is allowed as indicated above and revenue’s appeal is dismissed

Bench: Shri Saktijit Dey () & Shri S. Rifaur Rahman ()

section 274 r.w.s. 271(1)(c) of the Act. 3. Since, the aforesaid issued raised in the cross objection is a purely legal and jurisdictional issue going to the root of the matter, in our considered opinion, such issue has to be decided at the very outset. However, before we proceed to decide the aforesaid issue, it must be observed

DCIT CC7 (2), MUMBAI vs. M/S. ANIK INDUSTRIES LTD, MUMBAI

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit, Cc-7(2) Vs. M/S Anik Industries Ltd Room No. 655, 3Rd Floor, 610, Tulsiani Aayakar Bhavan, Chamber, Nariman Point Mk Road, Mumbai – 400021. Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm2696K Appellant .. Respondent Appellant By : Smt Shailja Rai.Dr Respondent By : Shri.Bhupendra Shah.Ar Date Of Hearing 26.07.2022 Date Of Pronouncement 28.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals) U/S 271(1)(C) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

section 271(1)C of the Act r.w explanation 1 and unilaterally deleted the penalty and action of the CIT(A) is not as per the provisions of law and supported the penalty order of the Assessing Officer. 7. Contra, the Ld. AR submitted that the CIT(A) has considered the facts and catena of judicial decisions and decisions

FORBES & COMPANY LTD,MUMBAI vs. DCIT CIR 1(1), MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainm/S. Forbes & Company Ltd. Dcit, Circle 1(1) (Formerly Forbes Gokak Ltd.) Aayakar Bhavan Ground Floor, Forbes Bldg. Vs. M.K. Road Charanjit Rai Marg Mumbai 400020 Fort, Mumbai 400001 Pan - Aaacf1765A Appellant Respondent

section 271(1)(c) of the Income Tax Act, 1961 (in short 'the Act') by the Assessing Officer (AO) for A.Y. 2002-03. 2. Order on condonation of delay

DCIT CIR 3, THANE vs. SAI ANAND CONSTRCTION, THANE

Appeal is dismissed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Dy. Commissioner Of Income Sai Anand Construction Tax Shop No. 22-27, Saitirth Circle-3, Room No. 02, 6 Th Siddarth Nagar, Kopri Vs. Floor, Ashar It Park, B-Wing, Colony Thane(E)-400 603 Wagle Indl. Estate, Thane(W)- 400 604 Appellant .. Respondent Pan No. Aakfm2891B

271(1)(c) of the Act to safeguard the legal interest of the assessee. In the process of filing memorandum of cross-objection there has been delay of 56 days which the assessee most respectfully prays to the Hon'ble Bench to condone the delay and to take into consideration the legal issue raised in the memorandum of cross-objection

CHIRAGKUMAR RAJENDRABHAI SHAH,MUMBAI vs. ITO WARD 30(1)(2), MUMBAI

In the result, ITA No. 7130/M/2025 is allowed

Bench: Shri Narender Kumar Choudhry & Shri Jagadish

delay is condoned. 4. Coming to ITA No. 7130/M/2025, we observe that the Assessing Officer, vide assessment order dated 30.03.2014, ultimately made an addition of Rs.8,23,49,198/- as unexplained expenditure under section 69C of the Act and added the same to the total income of the Assessee. The Assessing Officer simultaneously also initiated penalty proceedings for concealment

CHIRAGKUMAR RAJENDRABHAI SHAH,MUMBAI vs. INCOME TAX OFFICER, MUMBAI

In the result, ITA No. 7130/M/2025 is allowed

Bench: Shri Narender Kumar Choudhry & Shri Jagadish

delay is condoned. 4. Coming to ITA No. 7130/M/2025, we observe that the Assessing Officer, vide assessment order dated 30.03.2014, ultimately made an addition of Rs.8,23,49,198/- as unexplained expenditure under section 69C of the Act and added the same to the total income of the Assessee. The Assessing Officer simultaneously also initiated penalty proceedings for concealment

CHIRAGKUMAR RAJENDRABHAI SHAH,MUMBAI vs. ITO WARD 30(1)(2), MUMBAI

In the result, ITA No. 7130/M/2025 is allowed

Bench: Shri Narender Kumar Choudhry & Shri Jagadish

delay is condoned. 4. Coming to ITA No. 7130/M/2025, we observe that the Assessing Officer, vide assessment order dated 30.03.2014, ultimately made an addition of Rs.8,23,49,198/- as unexplained expenditure under section 69C of the Act and added the same to the total income of the Assessee. The Assessing Officer simultaneously also initiated penalty proceedings for concealment

SHREE SWAMI SAMARTH TRADING CO. P. LTD,MUMBAI vs. CIT (A)-13, MUMBAI

In the result, both the appeals of assessee are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

condoned), however here interestingly appellant have made the application by counting the period of delay by taking date of receipt of assessment order u/s 144 of the Act dated 26/12/2011 as on 16/10/2012, to calculate delay till 14/11/2013 i.e. the date when appeal has been filed and for this period of apparently delay of 364 days the appellant have given

SHREE SWAMI SAMARTH TRADING CO. LT,MUMBAI vs. CIT (A)-13, MUMBAI

In the result, both the appeals of assessee are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

condoned), however here interestingly appellant have made the application by counting the period of delay by taking date of receipt of assessment order u/s 144 of the Act dated 26/12/2011 as on 16/10/2012, to calculate delay till 14/11/2013 i.e. the date when appeal has been filed and for this period of apparently delay of 364 days the appellant have given

NEXGENIX (INDIA) P.LTD,MUMBAI vs. DCIT RG 8(2), MUMBAI

In the result, assessee’s appeals are allowed

Bench: Shri Saktijit Dey & Shr666666I N.K Pradhanm/S. Nexgenix (India) Pvt. Ltd. Unit No.149, Sdf–V, Seepz ……………. Appellant Andheri (E), Mumbai 400 096 Pan – Aabcn3687N V/S Dy. Commissioner Of Income Tax ……………. Respondent Range–8(2), Mumbai M/S. Nexgenix (India) Pvt. Ltd. Unit No.149, Sdf–V, Seepz ……………. Appellant Andheri (E), Mumbai 400 096 Pan – Aabcn3687N V/S Dy. Commissioner Of Income Tax ……………. Respondent Range–8(2), Mumbai M/S. Nexgenix (India) Pvt. Ltd. Unit No.149, Sdf–V, Seepz ……………. Appellant Andheri (E), Mumbai 400 096 Pan – Aabcn3687N V/S Dy. Commissioner Of Income Tax ……………. Respondent Range–8(2), Mumbai

section 271(1)(c) of the Act, assessee on advice of newly appointed chartered accountant has filed the appeal. Though, the learned Departmental Representative, on the basis of the observations made by the learned Commissioner (Appeals) while dealing with the issue of delay condonation

DCIT CENTRAL-CIRCLE-2(4), MUMBAI vs. KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

JT.COMMISSIONER OF INCOME TAX (OSD) - CENTRAL CIRCLE 2(4), MUMBAI vs. M/S KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

DCIT CEN CIR 10, MUMBAI vs. KEYSTONE REALTORS P.LTD, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

KEYSTONE REALTORS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 2(4), MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

MR SURESH HENRY THOMAS ,MUMBAI vs. INCOME TAX OFFICER-9(2)(3), MUMBAI

Bench: Shri Kuldip Singh & Shri Gagan Goyal

delay in filing both the aforesaid appeals of 357 days is hereby condoned and appeals are ordered to be registered and is being heard on merits. 4. The assessee by filing the present appeals sought to set aside the impugned orders both dated 31.10.2019 passed by the Commissioner of Income Tax (Appeals) (hereinafter referred

MR. SURESH HENRY THOMAS ,MUMBAI vs. ITO - 9(2)(3), MUMBAI

Bench: Shri Kuldip Singh & Shri Gagan Goyal

delay in filing both the aforesaid appeals of 357 days is hereby condoned and appeals are ordered to be registered and is being heard on merits. 4. The assessee by filing the present appeals sought to set aside the impugned orders both dated 31.10.2019 passed by the Commissioner of Income Tax (Appeals) (hereinafter referred

EUREKA OUTSOURCING SOLUTIONS PVT LTD,THANE vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE (1), THANE

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

Bench: Shri S Rifaur Rahman, Am & Ms. Kavitha Rajagopal, Jm Eureka Outsourcing Solutions Pvt. Ltd. Dy. Cit, Circle (1) 5Th Floor, High Street Cum Highland Thane Corporate Centre, Kapurbawadi, Vs. Thane-400 607

Delay condoned. 5. The brief facts of the case are that the assessee company is engaged in the business of call centre and had filed its return of income dated 29.09.2015, declaring total loss of Rs.21,07,072/-. The assessee’s case was selected for scrutiny under the CASS for verifying “high ratio of refund to TDS, certificate

VIJAY MORU MHATRE,PANVEL vs. INCOME TAX DEPARTMENT, THANE

In the result the appeal of the assessee is allowed

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhvijay Moru Mhatre, Vs. Acit, Cc-1 Plot No. 08, 1St Floor 6Th Floor Room No. 10, Mcch Society, Panvel Road No. 16-Z, Ashar It Maharashtra – 410206 Park, Wagle Industrial Estate, Thane (W) स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aehpm8104Q Appellant .. Respondent Appellant By : Khushiram Jadhawani Respondent By : Usha Gaikwad Date Of Hearing 13.12.2023 Date Of Pronouncement 19.12.2023

condone the delay in filing the impugned appeal. 4. Fact in brief is that in the return of income filed u/s 139(1) of the Act the assessee has shown income from house property of Rs.4,00,137/-. Thereafter a search and seizure operation u/s 132 of the Act was carried out in the case of the assessee