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

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 of law that under section 147, the proceedings for the reassessment

DCIT, CENTRAL CIRCLE-3(2), MUMBAI vs. GANESH POLYCHEM LTD., MUMBAI

In the result, the appeal by the Revenue is dismissed

Bench: Ms. Padmavathy Sshri Sandeep Singh Karhaildcit, Central Circle – 3(2) Room No.402, Kautilya Bhawan, Bkc, Mumbai - 400051 ……………. Appellant Pan – Aabcg6160B V/S Ganesh Polychem Ltd., 2Nd Floor Udyog Kshetra, Mulund Goregoan Link Road Mulund (W) ……………. Respondent Mumbai - 400080 Assessee By : Shri Sanjay R. Parikh, Ca Revenue By : Shri Arun Kanti Datta, Cit(Dr)

Section 154 of the Income Tax Act, 1961 amounted to reassessment, whereas it merely corrected an evident mistake without conducting

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 beyond 3 years under section 149(1)(b), the donation entry is clearly traceable in the books and 149(1)(b), the donation entry is clearly traceable in the books and 149(1)(b), the donation entry is clearly traceable in the books and results in a claimed deduction. As such results in a claimed deduction. As such

JCIT CENT. CIR. - 1(4), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

The appeal of the Revenue is dismissed whereas appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Grasim Industries Limited, The Dcit Cc-1(4), Corporate Finance Division, Room No. 902, 9Th Floor, Old Vs. A-2, Aditya Birla Centre, S.K. Cgo Building, M.K. Road, Ahire Marg, Worli, Mumbai-400020. Mumbai-400030. Pan No. Aaacg 4464 B Appellant Respondent Assessment Year: 2010-11 Jcit (Osd), Central Circle- Grasim Industries Limited, 1(4), A-Wing, 2Nd Floor, Aditya Room No. 902, Pratishtha Vs. Birla Centre, S.K. Ahire Bhavan, 9Th Floor, Old Cgo Marg, Worli, Building Annexe, Mumbai-400030. Mumbai-400020. Pan No. Aaacg 4464 B Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Chaitanya Joshi Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 03/04/2024 : Date Of Pronouncement 29/04/2024

reassessment order which has attained finality, unless the material gathered during the course of the search proceedings material gathered during the course of the search proceedings material gathered during the course of the search proceedings establishes something contrary to it. If there is nothing on record to establishes something contrary to it. If there is nothing on record to establishes

ADDL CIT R G 7(1), MUMBAI vs. NOVARTIS INDIA LTD ( FORMERLY KNOWN AS HINDUSTAN CIBA GIEGY LTD. ), MUMBAI

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited V. Asst. Commissioner Of Income –Tax - 7(2)(2) {Earlier Addl. Commissioner Of Income –Tax – 7(1)} 6Th& 7Th Floor 1St Floor, Aayakar Bhavan Inspire Bkc M.K. Road, Mumbai - 400020 “G” Block, Bkc Main Road Bandra Kurla Complex, Bandra (E) Mumbai – 400051 Pan: Aaach2914F (Appellant) (Respondent) Addl. Commissioner Of Income –Tax – 7(1) V. M/S. Novartis India Limited Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent) Co No.190/Mum/2011 [Arising Out Of Ita No.6772/Mum/2010 (A.Y. 2002-03)] M/S. Novartis India Limited V. Addl. Commissioner Of Income –Tax – 7(1)} Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent)

154 or section 250, direct the Assessing] Officer to appeal to the Appellate Tribunal against the order. (2A) *** (3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Principal Commissioner or] Commissioner

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

In the result, appeals of the assessee are allowed

reassessment order holding that the Assessing Officer had not assumed valid jurisdiction in accordance with law. ―The Assessee/Appellant herein has preferred this appeal against the order dated 01.02.2023 impugned herein passed by Ld. Commissioner of Income Tax (Appeal) {in short ‗Ld. Commissioner)‘} u/s 250 r.w.s. 154 of the Income Tax Act 1961 (in short ‗the Act‘). 5 ITA No.6197-6203/Mum/2024 Kashyap

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

In the result, appeals of the assessee are allowed

reassessment order holding that the Assessing Officer had not assumed valid jurisdiction in accordance with law. ―The Assessee/Appellant herein has preferred this appeal against the order dated 01.02.2023 impugned herein passed by Ld. Commissioner of Income Tax (Appeal) {in short ‗Ld. Commissioner)‘} u/s 250 r.w.s. 154 of the Income Tax Act 1961 (in short ‗the Act‘). 5 ITA No.6197-6203/Mum/2024 Kashyap

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

In the result, appeals of the assessee are allowed

reassessment order holding that the Assessing Officer had not assumed valid jurisdiction in accordance with law. ―The Assessee/Appellant herein has preferred this appeal against the order dated 01.02.2023 impugned herein passed by Ld. Commissioner of Income Tax (Appeal) {in short ‗Ld. Commissioner)‘} u/s 250 r.w.s. 154 of the Income Tax Act 1961 (in short ‗the Act‘). 5 ITA No.6197-6203/Mum/2024 Kashyap

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

In the result, appeals of the assessee are allowed

reassessment order holding that the Assessing Officer had not assumed valid jurisdiction in accordance with law. ―The Assessee/Appellant herein has preferred this appeal against the order dated 01.02.2023 impugned herein passed by Ld. Commissioner of Income Tax (Appeal) {in short ‗Ld. Commissioner)‘} u/s 250 r.w.s. 154 of the Income Tax Act 1961 (in short ‗the Act‘). 5 ITA No.6197-6203/Mum/2024 Kashyap

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

In the result, appeals of the assessee are allowed

reassessment order holding that the Assessing Officer had not assumed valid jurisdiction in accordance with law. ―The Assessee/Appellant herein has preferred this appeal against the order dated 01.02.2023 impugned herein passed by Ld. Commissioner of Income Tax (Appeal) {in short ‗Ld. Commissioner)‘} u/s 250 r.w.s. 154 of the Income Tax Act 1961 (in short ‗the Act‘). 5 ITA No.6197-6203/Mum/2024 Kashyap

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

In the result, appeals of the assessee are allowed

reassessment order holding that the Assessing Officer had not assumed valid jurisdiction in accordance with law. ―The Assessee/Appellant herein has preferred this appeal against the order dated 01.02.2023 impugned herein passed by Ld. Commissioner of Income Tax (Appeal) {in short ‗Ld. Commissioner)‘} u/s 250 r.w.s. 154 of the Income Tax Act 1961 (in short ‗the Act‘). 5 ITA No.6197-6203/Mum/2024 Kashyap

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

In the result, appeals of the assessee are allowed

reassessment order holding that the Assessing Officer had not assumed valid jurisdiction in accordance with law. ―The Assessee/Appellant herein has preferred this appeal against the order dated 01.02.2023 impugned herein passed by Ld. Commissioner of Income Tax (Appeal) {in short ‗Ld. Commissioner)‘} u/s 250 r.w.s. 154 of the Income Tax Act 1961 (in short ‗the Act‘). 5 ITA No.6197-6203/Mum/2024 Kashyap

DCIT 3.2.1, MUMBAI vs. THE NEW INDIA ASSURANCE CO LIMITED, MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

THE NEW INDIA ASSURANCE CO. LTD ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(2)(2), MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

DCIT 3.2.1, MUMBAI vs. THE NEW INDIA ASSURANCE CO LIMITED, MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

Bench: SHRI VIKRAM SINGH YADAV , ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

THE NEW INDIA ASSURANCE CO LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(2)(2), MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

Bench: SHRI VIKRAM SINGH YADAV , ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

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

section 147 of the Act without appreciating the facts that there is profit of Rs.2,57,97,824/- from transaction in derivatives at BSE and the same is already offered to tax by the Assessee. 3. It is brought to the notice of the Bench that Revenue has inadvertently filed two appeals for the same Assessment Year

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

154, 155 and 158BE and for the purposes of payment of interest under section 244A, this proviso shall also apply accordingly: Provided also that where the assessee exercises the option to withdraw the application under sub-section (1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment