PROCTER & GAMGLE HYGIENE& HEALTHCARE ,LTD,MUMBAI vs. ACIT CIR 7(1), MUMBAI

Appeals are partly allowed

reassessment proceedings under section 147 of the Act is purely academic and calls for no adjudication.‖ 11.6. On perusal of above decision of the Tribunal, we find that identical issues stands decided in favour of the Assessee by the decision of the Hon’ble Bombay High Court in the case of Associated Capsules Pvt. Ltd. Vs. DCIT

ADDL CIT RG 7(1), MUMBAI vs. PROCTOR & GAMBLE HYGIENE & HEALTHCARE LTD, MUMBAI

Appeals are partly allowed

reassessment proceedings under section 147 of the Act is purely academic and calls for no adjudication.‖ 11.6. On perusal of above decision of the Tribunal, we find that identical issues stands decided in favour of the Assessee by the decision of the Hon’ble Bombay High Court in the case of Associated Capsules Pvt. Ltd. Vs. DCIT

ACC LTD.,MUMBAI vs. ADDL CIT(LTU) , MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

145A in respect of unutilized CENVAT credit is carried out, deduction for the same is available to the assessee under provisions of Section-43B, since the assessee had paid excise duty payable on closing stock of cement as on last day of the accounting year before filing return of income for Assessment Year-2010-11 by adjusting unutilized CENVAT credit

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

145A in respect of unutilized CENVAT credit is carried out, deduction for the same is available to the assessee under provisions of Section-43B, since the assessee had paid excise duty payable on closing stock of cement as on last day of the accounting year before filing return of income for Assessment Year-2010-11 by adjusting unutilized CENVAT credit

DCIT, CENTRAL CIRLCLE 1(2), MUMBAI vs. M/S. SAUDELA CONSTRUCTIONS PVT. LTD., MUMBAI

In the result the appeal of the revenue is partly allowed

Bench: Shri Rajesh Kumar & Shri Pavan Kumar Gadale

reassessment that stood abated shall stand revived. 10. Thus on a plain reading of Section 153A of the Income-Tax Act, it becomes clear that on initiation of proceedings under Section 153A, it is only the assessment/reassessment proceedings that are pending on the date of conducting search under Section 132 or making requisition under Section 132A of the Act stand

CACHET ENGINEERING P.LTD.,MUMBAI vs. ITO 12(1)-4, MUMBAI

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

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1917/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Cachet Engineering Pvt. Ltd. बिधम/ Ito-12(1)-4 Ground Floor, Anandibai 145A, Aayakar Bhavan, M. Vs. Gosavi Chawl, Kurar K. Road, Mumbai-400020. Village, Malad (E)-400097. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc9354L (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri R.A. Dhyani (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 15/03/2022 घोषणा की तारीख /Date Of Pronouncement: 06/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 19.11.2019 Passed By The Commissioner Of Income Tax (Appeals)-20, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2011-12. 2. The Assessee Has Raised The Following Grounds: - “1. That The Learned Cit (A), Mumbai Has Grossly Erred Both In Law & On Facts In Confirming The Reassessment Proceedings & Also Framing The Assessment Under Section 143(3)/147 Of The Act Determining The Income Of The Appellant At An Income Of Rs.5,05,00,000/- As Against Returned Loss Of Rs. 30,080/-.

145A, Aayakar Bhavan, M. Vs. Gosavi Chawl, Kurar K. Road, Mumbai-400020. Village, Malad (E)-400097. स्थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AACCC9354L (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee by: None Revenue by: Shri R.A. Dhyani (Sr. AR) सुनवाई की तारीख / Date of Hearing: 15/03/2022 घोषणा की तारीख /Date of Pronouncement: 06/04/2022 आदेश / O R D E R PER AMARJIT

MS MILAN AGENCY,MUMBAI vs. ITO ASSESSEMENT UNIT, IT DEPT

In the result, the appeal of the assessee is allowed

Bench: Shri Amarjit Singh & Shri Sunil Kumar Singhassessment Year: 2018-19 M/S. Milan Agency Ito, Assessment Unit, It Deptt. Shop No. 6, Friends Shopping Vs. Centre, Azad Road, Andheri East, Mumbai-400069. Pan: Aaefm 8738 P (Appellant) (Respondent) Present For: Assessee By : Shri K. Gopal, Advocate & Om Kandalkar Revenue By : Ms. Monika H. Pande, Sr. Dr

145A(ii) filed with the memo of appeal in Form 35 and also as an attachment with the executive summary filed [as desired by CIT(A)] after the Video conferencing. 6. Confirming penalty proceeding for notice issued u/s 274 r.w.s. 271B / dismissing the ground no. 3, i.e. “issuing penalty notice u/s 274 r.w.s. 271B” when it is evident from

DCIT 10(3), MUMBAI vs. TOSCANO INFRASTRUCTURE P.LTD, THANE

Appeal stands allowed for statistical purposes

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos. 6577 & 6578/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Toscano Infrastructure Deputy Commissioner Of Private Limited Income Tax 10(3) Ground Floor, Ashar I.T. Room No. 451 बनाम/ Park Road No. 16Z Aaykar Bhawan Vs. Wagle Industrial Estate M.K.Road Near Agricultural Bus Stop Mumbai -400 020 Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. Nos. 6849 & 6850/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Deputy Commissioner Of Toscano Infrastructure Income Tax 10(3) Private Limited Room No. 451 Ground Floor, Ashar I.T. बनाम/ Aaykar Bhawan Park Road No. 16Z Vs. M.K.Road Wagle Industrial Estate Mumbai -400 020 Near Agricultural Bus Stop Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) :

reassessment proceedings were initiated consequent to a ITA Nos.6577-6578 & 6849- 6850/M/2014 Toscano Infrastructure Private Limited Assessment Years : 2009-10 & 2010-11 survey action upon the assessee on 23/11/2012 where the assessee was found to have indulged in procuring certain bogus purchase bills without taking actual delivery of material. The assessee was found to have made purchases from following parties

TOSCANO INFRASTRUCTURE P.LTD,THANE vs. DCIT 10-(3), MUMBAI

Appeal stands allowed for statistical purposes

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos. 6577 & 6578/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Toscano Infrastructure Deputy Commissioner Of Private Limited Income Tax 10(3) Ground Floor, Ashar I.T. Room No. 451 बनाम/ Park Road No. 16Z Aaykar Bhawan Vs. Wagle Industrial Estate M.K.Road Near Agricultural Bus Stop Mumbai -400 020 Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. Nos. 6849 & 6850/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Deputy Commissioner Of Toscano Infrastructure Income Tax 10(3) Private Limited Room No. 451 Ground Floor, Ashar I.T. बनाम/ Aaykar Bhawan Park Road No. 16Z Vs. M.K.Road Wagle Industrial Estate Mumbai -400 020 Near Agricultural Bus Stop Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) :

reassessment proceedings were initiated consequent to a ITA Nos.6577-6578 & 6849- 6850/M/2014 Toscano Infrastructure Private Limited Assessment Years : 2009-10 & 2010-11 survey action upon the assessee on 23/11/2012 where the assessee was found to have indulged in procuring certain bogus purchase bills without taking actual delivery of material. The assessee was found to have made purchases from following parties

TOSCANO INFRASTRUCTURE P.LTD,THANE vs. DCIT 10-(3), MUMBAI

Appeal stands allowed for statistical purposes

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos. 6577 & 6578/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Toscano Infrastructure Deputy Commissioner Of Private Limited Income Tax 10(3) Ground Floor, Ashar I.T. Room No. 451 बनाम/ Park Road No. 16Z Aaykar Bhawan Vs. Wagle Industrial Estate M.K.Road Near Agricultural Bus Stop Mumbai -400 020 Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. Nos. 6849 & 6850/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Deputy Commissioner Of Toscano Infrastructure Income Tax 10(3) Private Limited Room No. 451 Ground Floor, Ashar I.T. बनाम/ Aaykar Bhawan Park Road No. 16Z Vs. M.K.Road Wagle Industrial Estate Mumbai -400 020 Near Agricultural Bus Stop Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) :

reassessment proceedings were initiated consequent to a ITA Nos.6577-6578 & 6849- 6850/M/2014 Toscano Infrastructure Private Limited Assessment Years : 2009-10 & 2010-11 survey action upon the assessee on 23/11/2012 where the assessee was found to have indulged in procuring certain bogus purchase bills without taking actual delivery of material. The assessee was found to have made purchases from following parties

DCIT 10(3), MUMBAI vs. TOSCANO INFRASTRUCTURE P.LTD, THANE

Appeal stands allowed for statistical purposes

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos. 6577 & 6578/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Toscano Infrastructure Deputy Commissioner Of Private Limited Income Tax 10(3) Ground Floor, Ashar I.T. Room No. 451 बनाम/ Park Road No. 16Z Aaykar Bhawan Vs. Wagle Industrial Estate M.K.Road Near Agricultural Bus Stop Mumbai -400 020 Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. Nos. 6849 & 6850/Mum/2014 (िनधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Deputy Commissioner Of Toscano Infrastructure Income Tax 10(3) Private Limited Room No. 451 Ground Floor, Ashar I.T. बनाम/ Aaykar Bhawan Park Road No. 16Z Vs. M.K.Road Wagle Industrial Estate Mumbai -400 020 Near Agricultural Bus Stop Thane(W) – 400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacct-7263-P (अपीलाथ" /Appellant) (""थ" / Respondent) :

reassessment proceedings were initiated consequent to a ITA Nos.6577-6578 & 6849- 6850/M/2014 Toscano Infrastructure Private Limited Assessment Years : 2009-10 & 2010-11 survey action upon the assessee on 23/11/2012 where the assessee was found to have indulged in procuring certain bogus purchase bills without taking actual delivery of material. The assessee was found to have made purchases from following parties

ACIT 7(3), MUMBAI vs. M/S. WYETH LEDERLE LTD., MUMBAI

In the result, the appeal of the revenue as well as CO of the assessee are dismissed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.4070/Mum/2005 (निर्धारण वर्ा / Assessment Years: 2000-01) Acit-7(3) बिधम/ M/S. Wyeth Ltd. Room No.615, 6Th Floor, Level 6 & 7, Plating Plot Vs. Aayakar Bhavan, M. K. No. C-59, G- Block Bkc, Road, Mumbai-400020. Bandra (E), Mumbai- 400098. Cross Objection No. 376/Mum/2005 Arising Out Of I.T.A. No.4070/Mum/2005 (निर्धारण वर्ा / Assessment Year: 2000-01) M/S. Wyeth Ltd. बिधम/ Acit-7(3) Room No.615, 6Th Floor, Level 6 & 7, Plating Plot Vs. No. C-59, G- Block Bkc, Aayakar Bhavan, M. K. Bandra (E), Mumbai- Road, Mumbai-400020. 400098. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacc1451A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Rajnandani Shukla Revenue By: Shri Nihar Ranjan Samal (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 08/02/2023 घोषणा की तारीख /Date Of Pronouncement: 28/02/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue & The Cross Objection (Co) Preferred By The Assessee Against The Order Of The Ld. Cit(A), Mumbai Dated 22.03.2005 For The Ay. 2000-01. 2. The Ground No. 1 Of The Revenue & Only Ground Raised By The Assessee In The Co Are Dealt Together. The Ground Is Against The Action Of Ld. Cit(A) Directing The Ao To Delete The Addition Of Rs.21,54,713/- (20% Of The Expenditure Of Rs.1,07,73,564/-).

145A of the Act, sales have to include sales tax and excise duty and since these have not been specifically excluded in explanation (ba) to section 80HHC(4B) of the Act, the total turnover has to include sales tax and Excise duty. Aggrieved the assessee, preferred on appeal before the Ld. CIT(A) who took note of decision

ANHEUSER BUSCH INBEV INDIA LTD.,MUMBAI vs. PR CIT,CIRCLE-1, MUMBAI

In the result, appeals filed by the assessee are allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

reassess the completed assessment merely on the basis of presumption or with the view that assessee may have contravened the Cable Television Networks (Regulation) Act, 1995. Therefore, in this case Assessing Officer has allowed the expenditure in the absence of any adverse actions against the assessee. Ld. Pr.CIT cannot initiate revisionary proceedings in order to initiate another possible enquiry. ITAT

ANHEUSER BUSCH INBEV INDIA LTD.,MUMBAI vs. PR. CIT-CIRCLE-1, MUMBAI

In the result, appeals filed by the assessee are allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

reassess the completed assessment merely on the basis of presumption or with the view that assessee may have contravened the Cable Television Networks (Regulation) Act, 1995. Therefore, in this case Assessing Officer has allowed the expenditure in the absence of any adverse actions against the assessee. Ld. Pr.CIT cannot initiate revisionary proceedings in order to initiate another possible enquiry. ITAT

PFIZER LTD,MUMBAI vs. ADDL CIT RG 8(2), MUMBAI

In the result, both the appeals of the assessee are partly allowed

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2007-08 & Assessment Year: 2008-09 Pfizer Limited, Acit Range 8(2), Patel Estate, Off S.V. Rd. Aayakar Bahwan, बनाम/ Jogeshwari (W), M.K. Marg, Vs. Mumba-400102 Mumbai- (Assessee) (Revenue) P.A. No.Aaacp3334M

reassessment order for AY 2005-06, the CIT(A) in its order dated 7 August 2013 has held that the interest amounting to Rs. 1,29,50,156 which was finally determined for AY 2003-04 ought to be taxed in AY 2005-06 as was offered by the Appellant in the return of income filed in pursuance

ADDL CIT RG 1, MUMBAI vs. INDIAN PETROCHEMICALS CORPORATION LTD ( NOW MERGED WITH RELIANCE INDL. LTD), BARODA

In the result, the appeal filed by the assessee for the assessment year 2005-06 is allowed and both the appeals filed by the Revenue are dismissed

Bench: S/Shri B.R.Baskaran (Am) & Ramlal Negi, (Jm) आमकय अऩीर सं./I.T.A. No.1426/Ahd/2009 (ननधधायण वषा / Assessment Year :2005-06) बनाम/ Indian Petrochemicals Corp.Ltd., The Addl. Commissioner Of Income (Now Merged With Reliance Tax, Range 1, Vs. Industries Ltd) Baroda, P O Petrochemicals, Gujarat Dist-Vadodara -391346 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

145A relating to unutilised Cenvat credit. 14. The additional ground urged by the revenue relates to the addition relating to Cenvat credit and the said issue has already been decided by us in favour of assessee, vide paras 8 to 12 of this order. Accordingly, we reject the additional ground urged by the revenue. 15. The facts relating to deletion

ITD CEMENTATION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 5(1),MUMBAI, MUMBAI

In the result, appeals of both, assessee and revenue are decided as per the table below:

Bench: Shri Amit Shukla & Shri Girish Agrawal

145A of the Act provides for computation of income under the head 'profits and gains from business or profession' and 'income from other sources' by applying the "Income Computation and Disclosure Standards (ICDS)'. Since no specific ICDS has been notified for the year under consideration for real estate developers, revenue and cost recognition is governed by the applicable accounting standards

ITD CEMENTATION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 5(1), MUMBAI, MUMBAI

In the result, appeals of both, assessee and revenue are decided as per the table below:

Bench: Shri Amit Shukla & Shri Girish Agrawal

145A of the Act provides for computation of income under the head 'profits and gains from business or profession' and 'income from other sources' by applying the "Income Computation and Disclosure Standards (ICDS)'. Since no specific ICDS has been notified for the year under consideration for real estate developers, revenue and cost recognition is governed by the applicable accounting standards

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(1), MUMBAI , MUMBAI vs. ITD ITD CEM JOINT VENTURE, MUMBAI

In the result, appeals of both, assessee and revenue are decided as per the table below:

Bench: Shri Amit Shukla & Shri Girish Agrawal

145A of the Act provides for computation of income under the head 'profits and gains from business or profession' and 'income from other sources' by applying the "Income Computation and Disclosure Standards (ICDS)'. Since no specific ICDS has been notified for the year under consideration for real estate developers, revenue and cost recognition is governed by the applicable accounting standards