SHRI MOHAN THAKUR,MUMBAI vs. A.C.I.T. CENT. CIR. 8(4), MUMBAI

In the result, the appeal of the assessee is hereby ordered to be allowed

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.7413 /Mum/2017 (ननधधारण वर्ा / Assessment Years: 2008-09) बनधम/ Shri Mohan Thakur Acit, Central Circle-8(4) 6Th Floor Aayakar Bhavan, 4, Flora Vila, 35, St. Vs. M.K. Road, Mumbai- Andrews Road, Bandra 400020. (W), Mumbai-400050. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. :Aaapt2966N (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Durga Dutt/ Akhtar H. Ansari (Dr) Assessee By: Dr. K. Shivaram सुनवाई की तारीख / Date Of Hearing: 15/11.2019 घोषणा की तारीख /Date Of Pronouncement: 09/01/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 30.10.2017 Passed By The Commissioner Of Income Tax (Appeals)-50, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2008- 09. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “The Learned Cit(A) Erred In Upholding The Validity Of Notice U/S 148 Where The Proceedings U/S 153C Had Already Been Initiated Which Were Dropped & Immediately The Reassessment Proceedings Had Been Initiated Without Any Fresh Material On Record & Hence Reopening Is Void- Ab - Initio Merit : Addition Of Rs.237.00.000/- Based On Entries In Diary Of Third Person: 2. No Addition Can Be Made Based On Entries Found In The Books In Third Party'S Premises Since No Search U/S 132 Had Taken Place On The Assessee & Hence S.132(4A) Would Not Be Applicable To The Present Facts Of The Case. In View Of The Same The Entire Addition May Be Deleted.

reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year. 65.6 The new section 153B

SAMBHAVANATH INFRABUILD FARMS (SUCCESSOR TO LODHA CONSTRUCTION P. LTD P. LTD.,MUMBAI vs. ASSTT. CIT, CENTRAL CIRCLE-7(3), MUMBAI

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blesambhavnath Infrabuild & Farms Pvt. Ltd., V. Asst. Cit– Central Circle – 7(3) {Successor To Lodha Construction Pvt. Ltd.,} Room No. 655, 6Th Floor 412, 4Th Floor, 17G Vardhaman Chamber Aayakar Bhavan, M.K. Road Cawasji Patel Road, Horniman Circle Mumbai - 400020 Fort, Mumbai - 400001 Pan: Aalcs1394M (Appellant) (Respondent) Assessee By : Shri Anuj Kisnadwala Department By Shri B.K. Bagchi

153B and section 153C, all other provisions of this Act shall apply to the assessment or reassessment made under section

SURENDRA GARG HUF ,MUMBAI vs. ITO- 19(3)(4), MUMBAI

reassessment for any of the assessment years falling within the period of six assessment years prior to the date of initiation of the search under Section 132 of the Act or acquisition under Section 132A of the Act, would abate. The said assessments would necessarily be required to be completed under Section 153A of the Act. However, commencement of proceedings

GOVIND AGARWAL. HUF,MUMBAI vs. ACIT CEN CIR 32, MUMBAI

In the result, the appeals of the assessee’s are allowed in part, in terms indicated hereinabove, whereas the Revenue’s appeals are dismissed

Bench: Shri R.C.Sharma, Am & Shri Sanjay Garg, Jm आयकर अपील सं./Ita No.4531,4566,876,877,878/Mum/2011 ("नधा"रण वष" / Assessment Years :2006-07, 2007-08, 2002-03, 2003-04 & 2005-06) Acit, Cc-32, Mumbai Vs. Manidevi Agarwal, 720, A- 1, Lok Bharti Chs Ltd., Marol Maroshi Road, Marol, Andheri(E), Mumbai- 400059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aakpa 4962 H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) & आयकर अपील सं./Ita No.4528/Mum/2011 ("नधा"रण वष" / Assessment Years : 2007-08) Acit, Cc-32, Mumbai Vs. Shri Govind Agarwal, 701, A-1, Lok Bharti Chs Ltd., Marol Maroshi Road, Marol, Andheri(E), Mumbai- 400059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adopa 4038 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) & आयकर अपील सं./Ita No.873,874/Mum/2011 ("नधा"रण वष" / Assessment Years : 2003-04 & 2004-05) Acit, Cc-32, Mumbai Vs. Shri Govind Agarwal(Huf), 720/A-5, Lok Bharti Chs Ltd., Marol Maroshi Road, Marol, Andheri(E), Mumbai- 400059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aiepa 3109 A .. (अपीलाथ" /Appellant) (""यथ" / Respondent) 876,828,4566,4547,218/11 &957/13&Co203.13

reassess the total income but there is a cap on the scope of additions in such assessment, being the items of income 'unearthed during the search'. In other words, the determination of 'total income' in respect of the assessment years for which the assessments are already completed on the date of search, shall not be influenced by the items

MR. SATYA PRAKASH SINGH,MUMBAI vs. ITO, WARD-28(3)(1), VASHI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153A 18[or sub-section (5) of section 158BA], shall be made within a period of one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153B

ITO-28(3)(1), MUMBAI, MUMBAI vs. SATYA PRAKASH SINGH, MUMBAI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153A 18[or sub-section (5) of section 158BA], shall be made within a period of one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153B

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

153B 12 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

153B 12 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

153B 12 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

153B 12 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

153B 12 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT, CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

153B 12 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

153B 12 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

ANNAPURNA BUILDCON INFRA PRIVATE LIMITED,MUMBAI vs. DCIT, CENTRAL CIRCLE 1, THANE, THANE

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment

MR NILESH BHARANI,MUMBAI vs. DCIT CC 4(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 612/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2011-12)

153B and section 153C, all other provisions of this Act shall apply to the 22 I.T.A. No. 612/Mum/2020 Mr. Nilesh Bharani assessment made under this section; (ii) in an assessment or reassessment

ACIT CC 24 & 26 CEN RG 5, MUMBAI vs. SAMIR NARAIN BHOJWANI, MUMBAI

In the result, the appeal of the Revenue and the Cross Objection of the assessee, both are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am Dy. Commissioner Of Income Tax, Shri Samir Narain Bhojani 1St Floor, Samir Complex, Cc-3(4), Central Range-3, Mumbai Vs. St.Andrews Road, Opp. Holy Family Hospital, Bandra(W), Mumbai-400050 .. Appellant Respondent Co No.189/Mum/2015 (In Ita No.3814/Mum/2014 A.Y. 2006-07) Shri Samir Narain Bhojani Dy. Commissioner Of Income 1St Floor, Samir Complex, Tax, Cc-3(4), Central Range-3, St.Andrews Road, Opp. Holy Family Mumbai Vs. Hospital, Bandra(W), Mumbai- 400050 Pan No.Aabpb9150H Appellant .. Respondent

reassessment, which had abated, shall be made, for which extension of time has been provided under section 153B. The question

ASST CIT CC 24 & 26 CEN RG 5, MUMBAI vs. SAMIR NARAIN BHOJWANI, MUMBAI

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

reassessment, which had abated, shall be made, for which extension of time has been provided under section 153B. The question

ASST CIT CC 24 & 26 CEN RG 5, MUMBAI vs. SAMIR NARAIN BHOJWANI, MUMBAI

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

reassessment, which had abated, shall be made, for which extension of time has been provided under section 153B. The question

ASST CIT CC 24 & 26 CEN RG 5, MUMBAI vs. SAMIR NARAIN BHOJWANI, MUMBAI

In the result, all the four appeals of Revenue are dismissed and the three Cross Objections of the assessee are dismissed as infructuous

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am

reassessment, which had abated, shall be made, for which extension of time has been provided under section 153B. The question