ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE- 41(1)(1), MUMBAI, KAUTILYA BHAWAN, BKC vs. JAJ INTERNATIONAL, MUMBAI

In the result, the grounds relating to merit the file of the Ld

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the section 148, section 149, section 151 and section 153, where the section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that, Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable

ASSISTANT COMMISSIONER OF INCOME TAX, KAUTILYA BHAWAN vs. JAJ INTERNATIONAL, MUMBAI

In the result, the grounds relating to merit the file of the Ld

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the section 148, section 149, section 151 and section 153, where the section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that, Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable

INCOME TAX OFFICER (INTERNATIONAL TAXATION) 3(2)(1), KAUTILYA BHAWAN MUMBAI vs. SHAPOORJI PALLONJI MISTRY, MUMBAI

In the result, both appeals by the Revenue are dismissed and the\ntwo Cross Objections of the assessee are allowed

1)(b) of the Act. Consequently, the reassessment proceedings and orders were quashed.", "result": "Dismissed", "sections": [ "147", "148", "148A", "149", "151", "143(3)", "68", "142(1

ITO(IT)-3(2)(1), MUMBAI vs. SHAPOORJI PALLONJI MISTRY, MUMBAI

In the result, both appeals by the Revenue are dismissed and the\ntwo Cross Objections of the assessee are allowed

1), a notice under section 148 shall be issued for\nevery such assessment year for assessment, reassessment or recomputation,\nas the case

NISHA THOMAS,MUMBAI vs. COMMISSIONER OF INCOME TAX (A)-DRP-2 , MUMBAI

In the result, the appeal is allowed

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

reassessment or recomputation, as the case may be.] (2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151.] The first proviso to Section 149 of the Act provides that no notice under section 148

SHAILESH ASALRAJ JAIN,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI 20, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2018-19

148 . Consequently, the notice issued under section is invalid in law. 6.4 Once the very initiation of reassessment proceedings is held to Once the very initiation of reassessment proceedings is held to Once the very initiation of reassessment proceedings is held to be void for want of proper jurisdictional sanction, the consequential be void for want of proper jurisdictional sanction

ACIT-15(3)(2), MUMBAI, MUMBAI vs. SURYA FERROUS ALLOYS PVT LTD, MUMBAI

Appeal are dismissed as having been rendered infructuous

Bench: SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

reassessment or recomputation, as the case may be. (2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151. The first proviso to Section 149 of the Act provides that no notice under Section 148

LIC HOUSING FINANCE LIMITED,MUMBAI vs. ACIT 2(2)(1), MUMBAI, AAYKAR BHAVAN, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2017-18

reassessment framework introduced by the Finance Act, 2021, Explanation 1 to section 148 clarifies that Finance Act, 2021, Explanation 1

ACIT - 5(3)(1), MUMBAI vs. RISHABH DIAMOND PVT. LTD., MUMBAI

In the result, the appeal by the Revenue is dismissed, while the Cross\nObjection by the assessee is partly allowed

Reassessment proceedings were initiated based on this memo.", "held": "The Tribunal held that the internal audit memo, issued prior to the amendment of Explanation 1 to Section 148

SHIVRAM S SHETTY,MUMBAI vs. INCOME TAX OFFICER WARD 2(1), THANE

In the result, the appeals filed by the assessee are hereby allowed

1) of the TOLA overrides Section 149 of the IT Act only to the extent of\nrelaxing the time limit for issuance of a reassessment notice under Section 148

SHANTILAL NAROTTAMDAS PANCHAL,MALAD EAST vs. ITO-41(3)(4), MUMBAI, BANDRA KURLA COMPLEX

Appeal is allowed

Bench: Him.

1) overrides Section 149 only to the extent of relaxing the time limit for issuance of reassessment notice under Section 148

AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD.,MUMBAI vs. DCIT(INTERNATIONAL TAX) 1(1)(2), MUMBAI

In the result, appeal of the assessee is allowed

1) of Section 3 of TOLA\". Therefore, the provisions of\nTOLA cannot apply. Also the Notifications thereunder do not apply to the case at\nhand for AY 2013-14.\n28. It is required to be noted that the Apex Court, while enabling the Revenue to\nrestart the reassessment proceedings in Ashish Agarwal (supra), categorically held\nthat the old Section 148

SHIVRAM S SHETTY ,MUMBAI vs. INCOME TAX OFFICER WARD 2(1), MUMBAI

In the result, the appeals filed by the assessee are hereby allowed

1) of the TOLA overrides Section 149 of the IT Act only to the extent of\nrelaxing the time limit for issuance of a reassessment notice under Section 148

DEVANAND AMARNATH PARKAR,JOGESHWARI EAST, MUMBAI vs. INCOME TAX OFFICER 41(4)(1), KAUTILYA BHAWAN, BKC, BANDRA EAST

In the result, appeal by the assessee is allowed

1), a\nnotice under section 148 shall be issued for every such assessment year for\nassessment, reassessment or recomputation, as the case

APTIVAA MIDDLE EAST FZE,DUBAI, UNITED ARAB EMIRATES vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), INTERNATIONAL TAXATION, MUMBAI, MAHARASTRA

In the result of the file by the assessee stands partly allowed as indicated hereinabove

Bench: Smt. Beena Pillai () & Ms. Padmavathy S. ()

148 of the new regime only if three years or less have elapsed from the end of the relevant assessment year; (iii) the proviso to Section 149(1)(b) of the new regime stipulates that the Revenue can issue reassessment

APTIVAA MIDDLE EAST FZE,MUMBAI vs. DEPUTY COMMISSION OF INCOME TAX, CIRCLE 1(1)(2), INTERNATIONAL TAXATION, MUMBAI, MUMBAI

In the result of the file by the assessee stands partly allowed as indicated hereinabove

Bench: Smt. Beena Pillai () & Ms. Padmavathy S. ()

148 of the new regime only if three years or less have elapsed from the end of the relevant assessment year; (iii) the proviso to Section 149(1)(b) of the new regime stipulates that the Revenue can issue reassessment

APTIVAA MIDDLE EAST FZE,DUBAI, UNITED ARAB EMIRATES vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), INTERNATIONAL TAXATION, MUMBAI, MAHARASTRA

In the result of the file by the assessee stands partly allowed as indicated hereinabove

Bench: Smt. Beena Pillai () & Ms. Padmavathy S. ()

148 of the new regime only if three years or less have elapsed from the end of the relevant assessment year; (iii) the proviso to Section 149(1)(b) of the new regime stipulates that the Revenue can issue reassessment

PRAFUL ARJUN RANE ,MUMBAI vs. ITO INT TAX WARD-4(1)(1), MUMBAI

In the result, appeal of the assessee is allowed

Bench: SHRI SAKTIJIT DEY, HON’BLE (Vice President), SHRI GIRISH AGRAWAL (Accountant Member)

1), a notice under section 148 shall be issued for every such assessment year for assessment, reassessment or recomputation, as the case