SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

reopening the assessment of a particular assessment year and then the assessment of a particular assessment year and then the assessment of a particular assessment year and then initiating the penalty proceedings, it cannot be al initiating the penalty proceedings, it cannot be allowed to lowed to proceed mechanically to invoke the penal provisions. So proceed mechanically to invoke

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

reopening the assessment of a particular assessment year and then the assessment of a particular assessment year and then the assessment of a particular assessment year and then initiating the penalty proceedings, it cannot be al initiating the penalty proceedings, it cannot be allowed to lowed to proceed mechanically to invoke the penal provisions. So proceed mechanically to invoke

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

reopening the assessment of a particular assessment year and then the assessment of a particular assessment year and then the assessment of a particular assessment year and then initiating the penalty proceedings, it cannot be al initiating the penalty proceedings, it cannot be allowed to lowed to proceed mechanically to invoke the penal provisions. So proceed mechanically to invoke

SWARAN NADHAN SALARIA,MUMBAI vs. DICT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

reopening the assessment of a particular assessment year and then the assessment of a particular assessment year and then the assessment of a particular assessment year and then initiating the penalty proceedings, it cannot be al initiating the penalty proceedings, it cannot be allowed to lowed to proceed mechanically to invoke the penal provisions. So proceed mechanically to invoke

SURINCO WORKWEAR P. LTD,MUMBAI vs. ITO 8(3)(2), MUMBAI

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1290/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 बिाम/ M/S. Surinco Workwear Ito 8(3)(2) Private Ltd., R.No. 412, 36, Marol Industrial Aayakar Bhavan, V. Estate, Mumbai 400021 M. Vasanji Road, Andheri (E), Mumbai-400 059 स्थायी ऱेखा सं./ Pan: Aaacs5694K (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Ms. Heena Sheth Revenue By: Shri. O.P Meena (Dr) सुनवाई की तारीख /Date Of Hearing : 04.02.2019 घोषणा की तारीख /Date Of Pronouncement : 01.05.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 1290/Mum/2017, Is Directed Against Appellate Order Dated 01.11.2016 In Appeal No. Cit(A)-18/It-126/Ito-8(3)(2)/14-15, Passed By Learned Commissioner Of Income Tax(Appeals)-18, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2009-10, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Penalty Order Dated 28.03.2014 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2009- 10. I.T.A. No.1290/Mum/2017

assessment . The ITAT was pleased to delete the penalty levied by the AO u/s 271(1)(c) which was later confirmed by learned CIT(A), in assessee‟s own case in ITA no. 1213/Mum/2011 for AY 2003-04 , vide appellate order dated 09.02.2015 by holding as hereunder:- “4. We have heard the rival contentions of the Ld. Representatives of both

TRADE WINGS LTD,MUMBAI vs. ITO WD 2(3)(3), MUMBAI

In the result , appeal of the assessee company in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3416/Mum/2013 ("नधा"रण वष" / Assessment Year : 2006-07) आयकर अपील सं./I.T.A. No. 3417/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) आयकर अपील सं./I.T.A. No. 3418/Mum/2013 ("नधा"रण वष" / Assessment Year : 2008-09) आयकर अपील सं./I.T.A. No. 3419/Mum/2013 ("नधा"रण वष" / Assessment Year : 2009-10) Trade Wings Limited, Income Tax Officer – Ward बनाम/ 18/20-K, Dubash Marg, 2(3)(3), V. Fort,Mumbai – 400 023. Aayakar Bhavan, M.K. Marg, Mumbai – 400 020. "थायी लेखा सं./Pan : Aaact4639F (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

u/s 271(1)(c) of the Act, can be levied in respect of the disallowance made by the Assessing Officer, as the appellant had paid the tax on deemed income under the provision of section 115JB of the Act. On the facts and circumstances of the case and in law, the penalty levied ought to be deleted.” 14. Our decision

TRADE WINGS LTD,MUMBAI vs. ITO WD 2(3)(3), MUMBAI

In the result , appeal of the assessee company in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3416/Mum/2013 ("नधा"रण वष" / Assessment Year : 2006-07) आयकर अपील सं./I.T.A. No. 3417/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) आयकर अपील सं./I.T.A. No. 3418/Mum/2013 ("नधा"रण वष" / Assessment Year : 2008-09) आयकर अपील सं./I.T.A. No. 3419/Mum/2013 ("नधा"रण वष" / Assessment Year : 2009-10) Trade Wings Limited, Income Tax Officer – Ward बनाम/ 18/20-K, Dubash Marg, 2(3)(3), V. Fort,Mumbai – 400 023. Aayakar Bhavan, M.K. Marg, Mumbai – 400 020. "थायी लेखा सं./Pan : Aaact4639F (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

u/s 271(1)(c) of the Act, can be levied in respect of the disallowance made by the Assessing Officer, as the appellant had paid the tax on deemed income under the provision of section 115JB of the Act. On the facts and circumstances of the case and in law, the penalty levied ought to be deleted.” 14. Our decision

TRADE WINGS LTD,MUMBAI vs. ITO WD 2(3)(3), MUMBAI

In the result , appeal of the assessee company in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3416/Mum/2013 ("नधा"रण वष" / Assessment Year : 2006-07) आयकर अपील सं./I.T.A. No. 3417/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) आयकर अपील सं./I.T.A. No. 3418/Mum/2013 ("नधा"रण वष" / Assessment Year : 2008-09) आयकर अपील सं./I.T.A. No. 3419/Mum/2013 ("नधा"रण वष" / Assessment Year : 2009-10) Trade Wings Limited, Income Tax Officer – Ward बनाम/ 18/20-K, Dubash Marg, 2(3)(3), V. Fort,Mumbai – 400 023. Aayakar Bhavan, M.K. Marg, Mumbai – 400 020. "थायी लेखा सं./Pan : Aaact4639F (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

u/s 271(1)(c) of the Act, can be levied in respect of the disallowance made by the Assessing Officer, as the appellant had paid the tax on deemed income under the provision of section 115JB of the Act. On the facts and circumstances of the case and in law, the penalty levied ought to be deleted.” 14. Our decision

TRADE WINGS LTD,MUMBAI vs. ITO WD 2(3)(3), MUMBAI

In the result , appeal of the assessee company in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3416/Mum/2013 ("नधा"रण वष" / Assessment Year : 2006-07) आयकर अपील सं./I.T.A. No. 3417/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) आयकर अपील सं./I.T.A. No. 3418/Mum/2013 ("नधा"रण वष" / Assessment Year : 2008-09) आयकर अपील सं./I.T.A. No. 3419/Mum/2013 ("नधा"रण वष" / Assessment Year : 2009-10) Trade Wings Limited, Income Tax Officer – Ward बनाम/ 18/20-K, Dubash Marg, 2(3)(3), V. Fort,Mumbai – 400 023. Aayakar Bhavan, M.K. Marg, Mumbai – 400 020. "थायी लेखा सं./Pan : Aaact4639F (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

u/s 271(1)(c) of the Act, can be levied in respect of the disallowance made by the Assessing Officer, as the appellant had paid the tax on deemed income under the provision of section 115JB of the Act. On the facts and circumstances of the case and in law, the penalty levied ought to be deleted.” 14. Our decision

D B M GEOTECHNICS & CONSTRUCTIONS P.LTD,MUMBAI vs. ASST CIT CEN CIR 8(4), MUMBAI

Bench: Shri G. Manjunatha & Shri Ravish Sood

reopened u/s. 147 of the Act. In the course of assessment proceedings, it was observed by the A.O that the assessee had claimed to have been made purchases aggregating to Rs. 2,06,58,616/- from the aforesaid 19 tainted parties. On the basis of the aforesaid information, the A.O in the course of the assessment proceedings called upon

SANDEEP BHIMRAO LAD,MUMBAI vs. DCIT CIRCLE-3, THANE

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 1620/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2009-10)

reopening. When the assessee was not in a position to substantiate the above purchase, at the same time assessing officer issued show cause notice under section 133(6) of the Act and the notices were returned unserved. Accordingly assessing officer treated the above bogus purchases as income of the assessee. 4. Subsequently penalty proceedings were initiated by issue of notice

DCIT CC 7(2), MUMBAI, MUMBAI vs. M/S MAN INDUSTRIES (INDIA) LIMITED, MUMBAI

In the result, both the both the appeal of the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

reopening and notice u/s 148 of the Act. I proceed to decide the u/s 148 of the Act. I proceed to decide the issue on merits. issue on merits. 9.1. The amounts in question are two credit entries of Rs 9.1. The amounts in question are two credit entries of Rs 9.1. The amounts in question are two credit entries

DCIT CC-7(2), MUMBAI, MUMBAI vs. MAN INDUSTRIES (I) LTD., MUMBAI

In the result, both the both the appeal of the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

reopening and notice u/s 148 of the Act. I proceed to decide the u/s 148 of the Act. I proceed to decide the issue on merits. issue on merits. 9.1. The amounts in question are two credit entries of Rs 9.1. The amounts in question are two credit entries of Rs 9.1. The amounts in question are two credit entries

ACIT, CIRCLE-24(1), MUMBAI, MUMBAI vs. JASVINDER KALYAN SALUJA, MUMBAI

In the result, the cross the result, the cross-objections of the assessee are allowed of the assessee are allowed whereas appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh () Assessment Year: 2013-14 Acit, Circle-24(1), Jasvinder Kalyan Saluja, 601, 6Th Floor, K-1, Balkrishna Chs, Jp Piramal Chambers, Lalbaug, Vs. Road, Andheri West, Parel, Mumbai-400053. Mumbai-400012. Pan No. Amgps 5143 Q Appellant Respondent

reopened the assessment by way of issue of notice u/s 148 of the Act on 25.07.2022. During re-assessment u/s 148 of the Act on 25.07.2022. During u/s 148 of the Act on 25.07.2022. During proceedings, the Assessing Officer proceedings, the Assessing Officer observed that assessee received that assessee received an advance of Rs.4,69,85,106/ an advance

BALAJI TELEFILMS LTD,MUMBAI vs. DCIT 4(3)(CR)4, MUMBAI

The appeal stands allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am

271(1)(c) of the Act is not in accordance with the law especially since he has grossly erred in not specifying the limb under which he intends to initiate penalty proceedings. ITA Nos. 5580,7645-7650/Mum/2016 M/s Balaji Telefilms Limited Assessment Years: 2007-08 to 2012-13, 2014-15 The Ld. DR has opposed the admission of additional

BALAJI TELEFILMS LTD,MUMBAI vs. DCIT 4(3) CEN RG 4, MUMBAI

The appeal stands allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am

271(1)(c) of the Act is not in accordance with the law especially since he has grossly erred in not specifying the limb under which he intends to initiate penalty proceedings. ITA Nos. 5580,7645-7650/Mum/2016 M/s Balaji Telefilms Limited Assessment Years: 2007-08 to 2012-13, 2014-15 The Ld. DR has opposed the admission of additional

BALAJI TELEFILMS LTD,MUMBAI vs. DCIT 4(3)(CR)4, MUMBAI

The appeal stands allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am

271(1)(c) of the Act is not in accordance with the law especially since he has grossly erred in not specifying the limb under which he intends to initiate penalty proceedings. ITA Nos. 5580,7645-7650/Mum/2016 M/s Balaji Telefilms Limited Assessment Years: 2007-08 to 2012-13, 2014-15 The Ld. DR has opposed the admission of additional

VASWANI TRUST,MUMBAI vs. ITO 12(2)(4), MUMBAI

In the result, this appeal of assessee is partly allowed

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

reopened u/s. 147 of the Act, on the ground that income chargeable to tax had been escaped assessment on account of excessive deduction claimed u/s. 24 towards excess recovery from outgoings. In response to notice issued u/s. 148, assessee has filed its return of income, withdrawing deduction claimed u/s. 24 towards excess