ESSEL MINING & INDUSTRIES LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), MUMBAI

In the result, the appeal of the Revenue for assessment year the result, the appeal of the Revenue for assessment year the result, the appeal of the Revenue for assessment year

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2011-12 & Assessment Year: 2012-13 Essel Mining & Industries Ltd., Dy. Cit, Central Circle-1(4), Industry House, 18Th Floor, 10, 9Th Floor, Old Cgo Building, Camac Street, Vs. Mk Road, Kolkata-700017. Mumbai-400020. Pan No. Aaace 6607 L Appellant Respondent Assessment Year: 2011-12 & Assessment Year: 2012-13 Jcit, Central Circle-1(4), M/S Essel Mining & Industries Room No. 902, Pratishtha Ltd., Bhavan, 9Th Floor, Old Cgo Vs. Industry House, 18Th Floor, 10, Building Annexe, Camac Street, Mumbai-400020. Kolkata-700017. Pan No. Aaace 6607 L Appellant Respondent Assessment Year: 2011-12 M/S Essel Mining & Industries Dy. Cit, Central Circle-1(4), Ltd., 9Th Floor, Old Cgo Building, Vs. Industry House, 18Th Floor, 10, Mk Road

House, 18th floor, 10, MK Road, Essel Mining & Industries Ltd. ITA Nos. 1020, 1019, 1550 & 1548/M/2018 & 1970/M/2022 Camac Street, Mumbai-400020. 400020. Kolkata-700017. PAN No. AAACE 6607 L AAACE 6607 L Appellant Respondent Revenue by by : Smt. Nilu Jaggi, CIT-DR DR Assessee by Assessee by : Mr. Yogesh Thar/ Ms. Sukanya Jayaram Ms. Sukanya Jayaram Date of Hearing Date

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property, disallowance of exemption under section 10 (38) of the act and addition on account of undisclosed income. 014. Assessment proceedings can be summarized as under:- Assessment Date of Returned Return Income Income year filing of income filed returned assessed as return of under under per (in Rupees) income section section assessment under 153A

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property, disallowance of exemption under section 10 (38) of the act and addition on account of undisclosed income. 014. Assessment proceedings can be summarized as under:- Assessment Date of Returned Return Income Income year filing of income filed returned assessed as return of under under per (in Rupees) income section section assessment under 153A

MOHAN GURNANI,NAVI MUMBAI vs. DCIT CENTRAL CIRLE - 5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property, disallowance of exemption under section 10 (38) of the act and addition on account of undisclosed income. 014. Assessment proceedings can be summarized as under:- Assessment Date of Returned Return Income Income year filing of income filed returned assessed as return of under under per (in Rupees) income section section assessment under 153A

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property, disallowance of exemption under section 10 (38) of the act and addition on account of undisclosed income. 014. Assessment proceedings can be summarized as under:- Assessment Date of Returned Return Income Income year filing of income filed returned assessed as return of under under per (in Rupees) income section section assessment under 153A

MOHAN THANKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property, disallowance of exemption under section 10 (38) of the act and addition on account of undisclosed income. 014. Assessment proceedings can be summarized as under:- Assessment Date of Returned Return Income Income year filing of income filed returned assessed as return of under under per (in Rupees) income section section assessment under 153A

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property, disallowance of exemption under section 10 (38) of the act and addition on account of undisclosed income. 014. Assessment proceedings can be summarized as under:- Assessment Date of Returned Return Income Income year filing of income filed returned assessed as return of under under per (in Rupees) income section section assessment under 153A

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property, disallowance of exemption under section 10 (38) of the act and addition on account of undisclosed income. 014. Assessment proceedings can be summarized as under:- Assessment Date of Returned Return Income Income year filing of income filed returned assessed as return of under under per (in Rupees) income section section assessment under 153A

FLEMINGO DUTY FREE SHOP P.LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeals of the assessee are partly allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Darling Properties P. Ltd., B-25, V. Dcit, Cc – 47, Sarvoday Soc., Shiv Shrusti, Mumbai Chembur Kurla, Mumbai – 400 078

Properties P. Ltd., M/s. Flemingo DFS Pvt. Ltd. M/s. Flemingo Duty Free Shop Pvt Ltd conclusions of the search, same would also be taken into consideration. The requirement of assessment or re- assessment under the said section has to be read in the context of sections 132 or 132A of the Act, in much as, in case nothing incriminating

FLEMINGO (DFS) P.LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeals of the assessee are partly allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Darling Properties P. Ltd., B-25, V. Dcit, Cc – 47, Sarvoday Soc., Shiv Shrusti, Mumbai Chembur Kurla, Mumbai – 400 078

Properties P. Ltd., M/s. Flemingo DFS Pvt. Ltd. M/s. Flemingo Duty Free Shop Pvt Ltd conclusions of the search, same would also be taken into consideration. The requirement of assessment or re- assessment under the said section has to be read in the context of sections 132 or 132A of the Act, in much as, in case nothing incriminating

DARLING PROPERTIES P. LTD,MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeals of the assessee are partly allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Darling Properties P. Ltd., B-25, V. Dcit, Cc – 47, Sarvoday Soc., Shiv Shrusti, Mumbai Chembur Kurla, Mumbai – 400 078

Properties P. Ltd., M/s. Flemingo DFS Pvt. Ltd. M/s. Flemingo Duty Free Shop Pvt Ltd conclusions of the search, same would also be taken into consideration. The requirement of assessment or re- assessment under the said section has to be read in the context of sections 132 or 132A of the Act, in much as, in case nothing incriminating

PRATYAKSHA PROPERTIES P.LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeals of the assessee are allowed in terms indicated hereinabove

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm

Section 143(3) of the Act. If such an order is already in existence, having obviously been passed prior to the initiation of the search/requisition, the Assessing Officer is empowered to reopen those 14 ITA No.6295 & 6296/Mum-2014 Pratyaksha Properties Pvt. Ltd., proceedings and reassess the total income, taking note of the undisclosed income, if any, unearthed during the search

PRATYAKSHA PROPERTIES P.LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeals of the assessee are allowed in terms indicated hereinabove

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm

Section 143(3) of the Act. If such an order is already in existence, having obviously been passed prior to the initiation of the search/requisition, the Assessing Officer is empowered to reopen those 14 ITA No.6295 & 6296/Mum-2014 Pratyaksha Properties Pvt. Ltd., proceedings and reassess the total income, taking note of the undisclosed income, if any, unearthed during the search

PRIYA MOHAN GURNANI,NAVI MUMBAI vs. CY CIT-CC-5(2), MUMBAI

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

house property by the assessment order passed u/s 143 (3) read with Section 153A of The Income Tax Act 1961 on 26/12/2018

PRIYA MOHAN GURNANAI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

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

house property by the assessment order passed u/s 143 (3) read with Section 153A of The Income Tax Act 1961 on 26/12/2018

PRIYA MOHAN GURNANAI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

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

house property by the assessment order passed u/s 143 (3) read with Section 153A of The Income Tax Act 1961 on 26/12/2018

PRIYA MOHAN GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

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

house property by the assessment order passed u/s 143 (3) read with Section 153A of The Income Tax Act 1961 on 26/12/2018

PRIYA MOHAN GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

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

house property by the assessment order passed u/s 143 (3) read with Section 153A of The Income Tax Act 1961 on 26/12/2018

PRIYA MOHAN GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

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

house property by the assessment order passed u/s 143 (3) read with Section 153A of The Income Tax Act 1961 on 26/12/2018