SMT RUPA HIMANSHU SHRIMANKAR ,MUMBAI vs. ACIT-24(3) , MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Blesmt Rupa Himanshu Shrimankar V. Acit – 24(3) 107, Sagar Avenue, S.V. Road Aayakar Bhavan Andheri (W), Mumbai - 400056 Mumbai - 400020 Pan: Avups8496B (Appellant) (Respondent) Assessee Represented By : Shri Kiran Mehta Department Represented By : Shri S.N. Kabra

undisclosed commission paid by the Appellant to obtain the impugned loss.” 3. At the outset, we observe that the present appeal is filed by the assessee with a delay of 1197 days and assessee also filed an affidavit in this regard and prayed for condonation of delay. In the affidavit assessee has submitted as under: - “1. I am assessed

DCIT CC 11, MUMBAI vs. KETAN V. SHAH, JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

DCIT CC 11, MUMBAI vs. KETAN V. SHAH, JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

KETAN V. SHAH,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

DCIT CC 11, MUMBAI vs. KETAN V. SHAH (HUF), JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

KETAN V. SHAH HUF,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

DCIT CC 11, MUMBAI vs. KETAN V. SHAH, JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

DCIT CC 11, MUMBAI vs. KETAN V. SHAH, JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

DCIT CC 11, MUMBAI vs. KETAN V. SHAH (HUF), JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

KETAN V. SHAH,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

KETAN V. SHAH,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

KETAN V. SHAH,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

undisclosed income of the assessee to the tune of Rs. 13,55,355/- , vide assessment order dated 24-12-2008 passed by the AO u/s 144 r.w.s 153A. 14.3 The assessee challenged the additions by filing first appeal with learned CIT(A) which was delayed by 92 days. The learned CIT(A) dismissed the appeal in limine by not condoning

DCIT CEN CIR 1(3), MUMBAI vs. STUDIO AESTHETIC HEALTH & HOSPITALITY P.LTD, MUMBAI

In the result, the appeals by the Revenue are allowed and the cross objection by the assessee stands dismissed

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. Nos. 2525 & 2526/Mum/2015 ("नधा"रण वष" / Assessment Years: 2010-11 & 2011-12) Dy. Cit-Central Circle-1(3), Studio Aethetic Health & Room No. 905, Old Cgo Building Hospitality Pvt. Ltd. बनाम/ Annex, M. K. Road, Mumbai-20 No.1, Home Worth, 7Th Cross Road, Gulmohar Colony, Vs. Jvpd Scheme, Vile Parle (W), Mumbai-400 056 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aancs 6615 D (Revenue) : (Assessee) C.O. Nos. 232 & 233/Mum/2017 (Arising Out Of Ita Nos. 2525 & 2526/Mum/2015) ("नधा"रण वष" / Assessment Years: 2010-11 & 2011-12) Studio Aethetic Health & Hospitality Dy. Cit-Central Circle-1(3), Pvt. Ltd. Room No. 905, Old Cgo Building बनाम/ No.1, Home Worth, Annex, M. K. Road, Mumbai-20 7Th Cross Road, Gulmohar Colony, Vs. Jvpd Scheme, Vile Parle (W), Mumbai-400 056 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aancs 6615 D (Assessee) (Revenue) : Revenue By : Shri Rahul Raman : Shri Naresh Kumar With Assessee By Shri Yogesh Joijode सुनवाई क" तार"ख / : 12.09.2017 Date Of Hearing घोषणा क" तार"ख / : 15.11.2017 Date Of Pronouncement C.O. Nos. 232 & 233/Mum/2017 आदेश / O R D E R Per Shamim Yahya, A. M.: These Are Appeals By The Revenue & The Cross Objections By The Assessee Emanating Out Of The Respective Orders Of The Commissioner Of Income Tax (Appeals), Mumbai (‘Cit(A)’ For Short) For The Assessment Years 2010-11 & 2011-12. Since The Issues Are Identical & The Appeals Were Heard Together, These Are Being Consolidated & Disposed Off By This Common Order.

undisclosed income worked out in sheets seized during the search and admitted to have been received by the assessee as confessed by the director of the company u/s. 132(4) and subsequently retracted without any corroborative evidences to the contrary? (*) Rs.98.15 lacs for assessment year 2011-12. 3. In the assessee’s cross objection following grounds have been raised

SHOT FORMATS DIGITAL PRODUCTIONS PVT LTD,MUMBAI vs. DCIT CIRCLE 16(1), MUMBAI

In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2013-14

condone the delay in filing the appeal. 4.6 The appeal is thus admitted and taken up for adjudication on The appeal is thus admitted and taken up for adjudication on The appeal is thus admitted and taken up for adjudication on merits. 5. We have carefully heard the rival submissions and perused the We have carefully heard the rival submissions

BHARAT NATHALAL ZAVERI,MUMBAI vs. ITO , WARD 4(3)(1), MUMBAI

In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2017-18 Bharat Nathalal Zaveri, Ito-Mum-W(443)(1), 411, Kewal Indl. Estate, Senapati Aayakar Bhavan, Maharshi Bapat Marg, Lower Parel, Vs. Karve, Road, New Marine Mumbai-400013. Lines, Mumbai-400020. Pan No. Aaapz 0864 D Appellant Respondent

Undisclosed Income. Income. 2. Briefly stated, facts Briefly stated, facts of the case are the assessee filed his the assessee filed his original return of income on 01.08.2017 declaring a total loss of original return of income on 01.08.2017 declaring a total loss of original return of income on 01.08.2017 declaring a total loss of ₹72,40,746/-. Subsequently

PUSHPA M KHONA,MUMBAI vs. ITO 20(2)(3), MUMBAI

In the result, the appeals filed by the assessee’s for Asst

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आयकर अपील सं./Ita No.6390/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Mr. Dushyant M. Khona. Vs. The Ito, 20(2)(1), M/S. Vss & Associates, Mumbai. Chartered Accountants, 306, Dalamal Chambers, New Marine Lines, Mumbai- 400 020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacpk4146M .. (""यथ" / Respondent) (अपीलाथ" /Appellant) & आयकर अपील सं./Ita No.6391/Mum/2016 ("नधा"रण वष" / Assessment Year: 2006-07) Mrs. Pushpa M. Khona. Vs. The Ito, 20(2)(3), M/S. Vss & Associates, Mumbai. Chartered Accountants, 306, Dalamal Chambers, New Marine Lines, Mumbai- 400 020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aarpk6482H .. (""यथ" / Respondent) (अपीलाथ" /Appellant)

condonation of delay and dismissed the appeal against the principal of natural justice. 2. On facts and circumstances of the case and in law, the learned CIT(A) has confirmed assessed income at Rs. 17,27,110/- against income assessed as per order u/s. 143(3) of the Income Tax Act, 1961 dated

DUSHYANT M KHONA,MUMBAI vs. ITO 20(2)(1), MUMBAI

In the result, the appeals filed by the assessee’s for Asst

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आयकर अपील सं./Ita No.6390/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Mr. Dushyant M. Khona. Vs. The Ito, 20(2)(1), M/S. Vss & Associates, Mumbai. Chartered Accountants, 306, Dalamal Chambers, New Marine Lines, Mumbai- 400 020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacpk4146M .. (""यथ" / Respondent) (अपीलाथ" /Appellant) & आयकर अपील सं./Ita No.6391/Mum/2016 ("नधा"रण वष" / Assessment Year: 2006-07) Mrs. Pushpa M. Khona. Vs. The Ito, 20(2)(3), M/S. Vss & Associates, Mumbai. Chartered Accountants, 306, Dalamal Chambers, New Marine Lines, Mumbai- 400 020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aarpk6482H .. (""यथ" / Respondent) (अपीलाथ" /Appellant)

condonation of delay and dismissed the appeal against the principal of natural justice. 2. On facts and circumstances of the case and in law, the learned CIT(A) has confirmed assessed income at Rs. 17,27,110/- against income assessed as per order u/s. 143(3) of the Income Tax Act, 1961 dated

MR BIMAL H. KIRI,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX. CIRCLE 19(1), MUMBAI

In the result, the appeal filed by the assessee is allowed for statistical purposes

undisclosed income. 2. On the facts and in the circumstances of the case, the Ld. Income Tax Officer ward 16(3)(4) Mumbai has erred in law to add a sum of Rs. 49,504/- a unexplained cash credit. 3. On the facts and in the circumstances of the case, the Ld. Income Tax Officer Ward 16(3)(4) Mumbai