UNION BANK OF INDIA,MUMBAI vs. DCIT, LTU(2), MUMBAI

In the result, both appeals allowed for statistical purpose

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm)

reassessed u/s 143(3) rws 147 of the Act. As there were mistakes apparent from record, the AO issued notice u/s 154/155 of the Act. In response, the submission made by the assessee was not acceptable to the AO and hence a rectification order u/s 154

RELIANCE INDUSTRIES LIMITED,MUMBAI vs. DCIT (LTU)-2, MUMBAI

In the result, this appeal by the assessee is partly allowed

Bench: Hon’Ble Justice P.P.Bhatt & Shri Shamim Yahya

154. It is not the case of the revenue that in the reassessment order passed in the rectification order passed and the intervening periods, there was a proposal for the rectification on these issues. Hence, it is undisputed that this rectification is being sought to be made with reference to the assessment order passed u/s.143(3) of the Act, which

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

ITO-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD, MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

ITO-26(2)(1) , MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD, MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

LUXORA INFRASTRUCTURE P. LTD.,MUMBAI vs. DCIT CENTRAL CIRCLE-2(1), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Shamim Yahya

rectification is derived from section 154 (1) (a) r.w.s. 251(1)(c) and also its Explanation. 4.2 In view of above discussion of facts and law, the objections of assessee are dismissed and appeal order dated 31.10.2019 is rectified as below: - 4.3 Ground Number 2 and 3:- These grounds can be taken up together as they challenge the technical aspect

ASST. CIT-1(3)(1), MUMBAI vs. M/S. TILAKNAGAR INDUSTRIES LTD., MUMBAI

Bench: Shri Baskaran B.R & Shri Vikas Awasthyआअसं. 1355/मुं/2021 ("न.व. 2009-10) Acit-1(3)(1), Room No.540, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Tilaknagar Industries Limited. 3Rd Floor, Indl.Assurance Bldg. Jd Tata Marg, Churchgate, Mumbai 400 020 Pan:Aaact-6047-R ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajesh Damor ""तवाद" "वारा/Respondent By : Dr. K.Shivram, Sr. Advocate With Ms. Neelam Jadhav सुनवाई क" "त"थ/ Date Of Hearing : 04/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 29/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-47, Mumbai [In Short ‘The Cit(A)] Dated 04/01/2021 For The Assessment Year 2009-10. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Manufacturing & Selling Of Indian Made Foreign Liquor. The 2 Assessee Filed Its Return Of Income For A.Y 2009-10 Declaring Total Income Of Rs.29,19,12,503/- On 30/09/2009. The Assessment Order U/S. 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’) Was Passed On 07/12/2011. Thereafter, The Assessing Officer Issued Notice U/S. 154 Of The Act Dated 18/03/2013 To Rectify The Alleged Mistake In Assessment Order On Two Counts:

reassessment proceedings for the impugned assessment year and issued notice u/s. 148 of the Act on 17/02/2014. The Assessing Officer passed order u/s. 143(3) r.w.s. 147 of the Act on 20/03/2015. Thereafter, the Assessing Officer issued fresh notice u/s. 154 of the Act to revive the rectification

AHMEDNAGAR INVESTMENTS PVT. LTD.,MUMBAI vs. DCIT, CC- 5(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanvk-Vk-La- 7125@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ Vk-Vk-La- 7126@Eaqcbz@2018 ¼Fu-Oa- 2014&15½ M/S Ahmednagar Investments Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aadca9872E Cuke Vs. Deputy Commissioner Of Income Tax, Circle– 5(3) Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

rectification of mistake u/s 154 of the Act is limited. It is only the “mistake that is apparent from record” that can be rectified. In proceedings u/s 154 of the Act, the AO cannot make addition in respect of any new source of income. The Act has provided different canons viz reassessment

AHMEDNAGAR INVESTMENTS PVT. LTD.,MUMBAI vs. DCIT, CC- 5(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanvk-Vk-La- 7125@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ Vk-Vk-La- 7126@Eaqcbz@2018 ¼Fu-Oa- 2014&15½ M/S Ahmednagar Investments Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aadca9872E Cuke Vs. Deputy Commissioner Of Income Tax, Circle– 5(3) Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

rectification of mistake u/s 154 of the Act is limited. It is only the “mistake that is apparent from record” that can be rectified. In proceedings u/s 154 of the Act, the AO cannot make addition in respect of any new source of income. The Act has provided different canons viz reassessment

UNION BANK OF INDIA,MUMBAI vs. DY CIT LTU-2, , MUMBAI

In the result, appeals filed by the assessee for assessment years 2009-10

Bench: Shri Vijay Pal Rao & Shri Gagan Goyal

rectification u/s 154. 4. Without prejudice to the above, the Ld CIT(A) erred in upholding the disallowance u/s 14A without appreciating that appellant being trader is securities has incurred expenses for buying and selling securities and not for earning of tax free income and accordingly, no disallowance is warranted.” Revenue’s Appeal “Whether on the facts

VERTEX SPINNING LTD,MUMBAI vs. DCIT 5(3), MUMBAI

In the result ground no. 1 and 2

Bench: Shri Amit Shukla & Shri Gagan Goyalm/S. Vertex Spinning Limited 1011, 10Th Floor, Embassy Centre, 207, Nariman Point, Mumbai-400 021 Pan:Aabcv5617N ...... Appellant Vs. Dcit, Circle-5(3) 573, Aayakar Bhavan, M. K. Road Mumbai-400 020 ..... Respondent

rectification under section 154 fails on the merits.” 7. As observed matter was duly covered by section 154 of the Act and AO thrice got the opportunity to proceed under the same. But, instead of that he had chosen for proceedings u/s. 148, which is not either warranted or permissible as per law. It is the settled principle

PRIME DOWN TOWN ESTATE P.LTD,MUMBAI vs. DCIT CEN CIR 21, MUMBAI

The appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 2006-07 Acit Central Circle-21 M/S Prime Down Town Estates 408, 4Th Floor, Aaykar Bhawan Pvt.Ltd., Vs. 11Th Floor, Plaza, Panchasheel M.K.Marg Mumbai-400 020 Hughes Road, 55 Gamdevi Mumbai-400 007 Pan Aaacp2635B (Revenue) (Assessee) & Assessment Year: 2006-07 M/S Prime Down Town Estates Dcit Central Circle-21 Pvt.Ltd., Mumbai Vs. 11Th Floor, Plaza, Panchasheel Hughes Road, 55 Gamdevi Mumbai-400 007 Pan Aaacp2635B (Assessee) (Revenue)

154 and did not tantamount to setting aside of the order of the AO. Accordingly, the plea raised by the revenue is dismissed. Ground No. 2 and 3 are general in nature and do not require any adjudication. 12. The only issue raised in the various grounds of appeal is against theconfirmation of penalty on the aggregate addition

ACIT CEN CIR 21, MUMBAI vs. PRIME DOWN TOWN ESTATES P.LTD, MUMBAI

The appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 2006-07 Acit Central Circle-21 M/S Prime Down Town Estates 408, 4Th Floor, Aaykar Bhawan Pvt.Ltd., Vs. 11Th Floor, Plaza, Panchasheel M.K.Marg Mumbai-400 020 Hughes Road, 55 Gamdevi Mumbai-400 007 Pan Aaacp2635B (Revenue) (Assessee) & Assessment Year: 2006-07 M/S Prime Down Town Estates Dcit Central Circle-21 Pvt.Ltd., Mumbai Vs. 11Th Floor, Plaza, Panchasheel Hughes Road, 55 Gamdevi Mumbai-400 007 Pan Aaacp2635B (Assessee) (Revenue)

154 and did not tantamount to setting aside of the order of the AO. Accordingly, the plea raised by the revenue is dismissed. Ground No. 2 and 3 are general in nature and do not require any adjudication. 12. The only issue raised in the various grounds of appeal is against theconfirmation of penalty on the aggregate addition

VALIANT GLASS WORKS P.LTD,MUMBAI vs. ASST CIT CEN CIR 38, MUMBAI

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

Bench: Sri G. S. Pannu & Sri Sanjay Gargvaliant Glass Works Pvt. Vs. The Asst. Commissioner Of Ltd., C/O. Shankarlal Jain & Income Tax, Associates, 12, Engineer Central Circle-38, Mumbai Building, 265, Princess Street, Mumbai 400 002 Pan:Aaacv 1224 E Appellant .. Respondent

reassessment order, to set up or canvass its correctness in collateral proceedings taken for rectification thereof u/s 154. The bench