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

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

Section 151(2) has extended time\ntill 31/03/2021 to grant approval;\nf. The directions in Ashish Agarwal (supra) would extend to all the reassessment

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

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

Section 151(2) has extended time\ntill 31/03/2021 to grant approval;\nf. The directions in Ashish Agarwal (supra) would extend to all the reassessment

ANUMITA INFRASTRUCTURE PRIVATE LIMITED,MUMBAI vs. PCIT-4, MUMBAI

sections": [ "139(4)", "143(1)", "143(3)", "148", "143(2)", "147", "144B", "234A", "234B", "234C", "153A", "153C", "263", "151", "151A", "148A", "151(i)", "151(ii)" ], "issues": "Whether the reassessment

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

Appeal is allowed

Bench: Him.

reassessment proceedings contending that the approval/sanction obtained under Section 151 of the Act was not valid. In this regard, primary contention advanced on behalf of the Assessee is that in the present case for Assessment Year 2017-2018, the notice under Section 148 and order under Section 148A(d) have been issued on 21/07/2022, which is beyond the period

ACIT, CIRCLE 24(1) MUMBAI, MUMBAI vs. NILKAMAL CRATES & CONTAINERS, MUMBAI

Bench: Hon’Ble Justice (Retd.) C.V. Bhadang & Shri Arun Khodpia, Am

reassessment notice. Section 151 of the new regime does not prescribe a time limit within which a specified authority has to grant sanction. Rather, it links up the time limits with the jurisdiction of the authority to grant sanction. Section 151(ii) of the new regime prescribes a higher level of authority if more than three years have elapsed from

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 ()

2) of section 143 has expired, or (c) assessment or reassessment, if any, has been made, assessment or reassessment, if any, has been made, before the date of receiving the books of account or documents or assets before the date of receiving the books of account or documents or assets before the date of receiving the books of account

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 ()

2) of section 143 has expired, or (c) assessment or reassessment, if any, has been made, assessment or reassessment, if any, has been made, before the date of receiving the books of account or documents or assets before the date of receiving the books of account or documents or assets before the date of receiving the books of account

GAMNARAM OKHAJI PRAJAPATI ,MUMBAI vs. DCIT. CIRCLE 1(2)(1), MUMBAI

Appeal is allowed

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI PRABHASH SHANKAR (Accountant Member)

2 Assessment Year 2016-2017 5.1 The reassessment notice is time barred and consequently the assessment made is also invalid and be declared null and void. 5.2 The sanction under Section 151

CYRUS PATEL ,MUMBAI vs. INCOME TAX OFFICER WARD 23(2)(1), MUMBAI

In the result, the appeal is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)

reassessment notice. Section 151 of the new regime does not prescribe a time limit within which a specified authority has to grant sanction. Rather, it links up the time limits with the jurisdiction of the authority to grant sanction. Section 151 (ii) of the new regime prescribes a higher level of authority if more than three years have elapsed from

LEELABEN KANTILAL PAREKH,MUMBAI vs. INCOME TAX OFFICER WARD 20(2)(1), PIRAMAL CHAMBER, MUMBAI

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

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

2) of the Act continues to be the Joint Commissioner of Income Tax. However, vide Finance Act, 2015, with effect from 01/06/2015, section 151 of the Act was amended and Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner of Income Tax was empowered to grant the sanction for issuance of notice under section

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

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Amit Shukla & Shri Girish Agrawal

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

ACIT-19(3), MUMBAI, MUMBAI vs. RISHABH AVNISH MODY, MUMBAI

In the result, cross objection filed by the assessee is allowed and appeal filed by the revenue is dismissed

reassessment notice. Section 151 of the new regime does not prescribe a time limit within which a specified authority has to grant sanction. Rather, it links up the time limits with the jurisdiction of the authority to grant sanction. Section 151(ii) of the new regime prescribes a higher level of authority if more than three years have elapsed from

DHAVAL EXIM PRIVATE LIMITED,MUMBAI vs. ACIT, 5(1)(2), MUMBAI, MUMBAI

In the result, the appeal of the assessee stands allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Dhaval Exim Pvt. Ltd., Acit, 5(1)(2), 117-A, 117-A, Panchratna Bldg., Aayakar Bhavan, Vs. Mama Parmanand Marg, Opera Maharishi Karve Road, House, Mumbai-400020. Mumbai-400 004. Pan No. Aadcd 0472 B Appellant Respondent : Mr. Rajesh Shah Assessee By Revenue By : Smt. Mahita Nair, Sr. Dr : 04/04/2024 Date Of Hearing Date Of Pronouncement : 25/04/2024

section 151(2) of the Act (As substituted from 01.06.2015) is of Joint/Additional of the Act (As substituted from 01.06.2015) is of Joint/Additional of the Act (As substituted from 01.06.2015) is of Joint/Additional CIT. The Ld. CIT (A) has further erred in confirming the same. CIT. The Ld. CIT (A) has further erred in confirming the same

DCIT CC-8(2),MUMBAI, MUMBAI vs. RAKESH S KATHOTIA, MUMBAI

In the result appeal filed by the revenue stands dismissed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

section 147 would give arbitrary powers to the Assessing Officers to re- open. We must also keep in mind the conceptual difference between power to review and power to re-assess. The assessing officer has no power to review; he has the power to reassess. But reassessment has to be based on fulfilment of certain pre-condition

ADITYA BIRLA SUN LIFE INSURANCE COMPANY LIMITED,MUMBAI vs. ASSESSMENT UNIT, ITD (JAO: DEPUTY COMMISSIONER OF INCOME-TAX, 5(3), MUMBAI), MUMBAI

Bench: Shri Saktijit Dey, Vp & Ms Padmavathy S, Am

2) Before expiry of Joint Commissioner of the old four years from the regime end of the relevant assessment year Section 151(1) After expiry of four Principal Chief of the old years from the end Commissioner or Chief regime of the relevant Commissioner or assessment year Principal Commissioner or Commissioner Section 151(i) Three years or less Principal

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5 (3), MUMBAI, MUMBAI vs. ADITYA BIRLA SUN LIFE INSURANCE COMPANY LIMITED, MUMBAI

Bench: Shri Saktijit Dey, Vp & Ms Padmavathy S, Am

2) Before expiry of Joint Commissioner of the old four years from the regime end of the relevant assessment year Section 151(1) After expiry of four Principal Chief of the old years from the end Commissioner or Chief regime of the relevant Commissioner or assessment year Principal Commissioner or Commissioner Section 151(i) Three years or less Principal

ADITYA BIRLA SUN LIFE INSURANCE COMPANY LIMITED,MUMBAI vs. ASSESSMENT UNIT, ITD (JAO: DEPUTY COMMISSIONER OF INCOME-TAX, 5(3), MUMBAI), MUMBAI

Bench: Shri Saktijit Dey, Vp & Ms Padmavathy S, Am

2) Before expiry of Joint Commissioner of the old four years from the regime end of the relevant assessment year Section 151(1) After expiry of four Principal Chief of the old years from the end Commissioner or Chief regime of the relevant Commissioner or assessment year Principal Commissioner or Commissioner Section 151(i) Three years or less Principal

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 5(3), MUMBAI, MUMBAI vs. ADITYA BIRLA SUN LIFE INSURANCE COMPANY LIMITED, MUMBAI

Bench: Shri Saktijit Dey, Vp & Ms Padmavathy S, Am

2) Before expiry of Joint Commissioner of the old four years from the regime end of the relevant assessment year Section 151(1) After expiry of four Principal Chief of the old years from the end Commissioner or Chief regime of the relevant Commissioner or assessment year Principal Commissioner or Commissioner Section 151(i) Three years or less Principal