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 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)

158 BD w.e.f. 1995 and has been made applicable now again w.e.f. 01/04/2021 as application of the provisions of the section 153A/153C of the Act have been revoked on the searches conducted after 31/03/2021. 64. The law as culled out from these amendments and as we have understood, the revenue officer can initiate the proceedings under section

DCIT-14.1.1, MUMBAI vs. AMCOR FLEXIBLES INDIA PVT. LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

reassessment under Section 148A of the Act shall also be done in faceless manner. 14. Ld. AR further placed reliance on the decision of Jurisdictional High Court in the case of New India Assurance Company Ltd vs. ACIT [2024] 158

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

section 147 of the Act without\nappreciating the facts that there is profit of Rs.2,57,97,824/- from transaction in\nderivatives at BSE and the same is already offered to tax by the Assessee.\n\n3.\nIt is brought to the notice of the Bench that Revenue has\ninadvertently filed two appeals for the same Assessment Year, i.e.,\n2016

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

section 147 of the Act without\nappreciating the facts that there is profit of Rs.2,57,97,824/- from transaction in\nderivatives at BSE and the same is already offered to tax by the Assessee.\n\n3.\nIt is brought to the notice of the Bench that Revenue has\ninadvertently filed two appeals for the same Assessment Year, i.e.,\n2016

ARHAM ANMOL PROJECTS PRIVATE LIMITED,VILLAGE VALSHIND, BHIWANDI vs. CIRCLE 1 KALYAN, KALYAN, THANE

In the result, the legal grounds challenging the validity of the assessment are dismissed

Bench: Shri Amit Shukla & Shri Makarand Vasant Mahadeokararham Anmol Projects Dcit Circle 1, Private Limited 2Nd Floor, Rani H. No. 1113, Ground Vs. Mansion, Murbad Floor, Arham Logiparc, Road, Kalyan Nh-3, Nashik Highway, (West), Thane, Village Valshind, Maharashtra – 421 Bhiwandi, Maharashtra – 301 421 302. Pan/Gir No. Aagca9644P (Applicant) (Respondent) Assessee By Shri Subhash Bains, Ld. Ar Revenue By Shri Surendra Mohan, Ld. Dr Date Of Hearing 28.01.2026 Date Of Pronouncement 26.03.2026

158/-. Accordingly, notice under section 148 was issued on 27.03.2023. 3. In response, the assessee filed return of income on 26.04.2023 declaring total income of Rs. 58,16,560/-. Thereafter, statutory notices under sections 142(1) and 143(2) were issued. According to the Assessing Officer, the assessee sought adjournments but did not furnish substantive replies or supporting documentary evidence

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

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

Reassessment proceedings were well\nwithin the statutory time limit and were not time-barred in view of the first proviso\nto Section 149(1) of the IT Act, which was made applicable from 01/04/2021.\n(vi) That the time limit to re-open the proceedings in the present case within the\nmeaning of Section 147 had been extended to 30/06/2021

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

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

Reassessment proceedings were well\nwithin the statutory time limit and were not time-barred in view of the first proviso\nto Section 149(1) of the IT Act, which was made applicable from 01/04/2021.\n(vi) That the time limit to re-open the proceedings in the present case within the\nmeaning of Section 147 had been extended to 30/06/2021

SHIVALIK VENTURES PRIVATE LIMITED,MUMBAI vs. DCIT CC 8(1) , MUMBAI, MUMBAI

reassess any other\nincome which has escaped assessment and which, comes to his notice during the\ncourse of the proceedings. However, if after issuing a notice under section 148,\nhe accepted the contention of the assessee and holds that the income which he\nhas initially formed a reason to believe had escaped assessment, has as a matter\nof fact

SHIVALIK VENTURES PRIVATE LIMITED,MUMBAI vs. ACIT CC 8(1), MUMBAI, MUMBAI

Bench: Ms Padmavathy S, Am & Shri Sandeep Singh Karhail, Jm

reassess any other income which has escaped assessment and which, comes to his notice during the course of the proceedings. However, if after issuing a notice under section 148, he accepted the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact

SHIVALIK VENTURES PRIVATE LIMITED,MUMBAI vs. ACIT CC 8(1), MUMBAI, MUMBAI

Accordingly we direct the AO to delete the disallowance made under section\n36(1)(va) of the Act for AY 2019-20 & 2020-21 also.\n15. In result, the appeals of the assessee for AY 2018-19 to AY 2020...

reassess any other\nincome which has escaped assessment and which, comes to his notice during the\ncourse of the proceedings. However, if after issuing a notice under section 148,\nhe accepted the contention of the assessee and holds that the income which he\nhas initially formed a reason to believe had escaped assessment, has as a matter\nof fact

MORAJ BUILDING CONCEPTS PVT. LTD,MUMBAI vs. DCIT CENTRAL CIRCLE- 5(2), MUMBAI

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

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

reassessment were contrary to the facts unearthed during the course of 153A proceedings. If there is nothing on record to suggest that any material was unearthed during the search or during the 153A proceedings, the Assessing Officer while passing order under section 153A read with section 143(3) cannot disturb the assessment order.” 8. Respectfully following the above said decision

MORAJ BUILDING CONCEPTS PVT.LTD,MUMBAI vs. DCIT CENTRAL CIR -5(2), MUMBAI

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

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

reassessment were contrary to the facts unearthed during the course of 153A proceedings. If there is nothing on record to suggest that any material was unearthed during the search or during the 153A proceedings, the Assessing Officer while passing order under section 153A read with section 143(3) cannot disturb the assessment order.” 8. Respectfully following the above said decision

MORAZ BUILDING CONCEPTS PVT. LTD,MUMBAI vs. DCIT CENT CIR 5(2), `MUMBAI

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

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

reassessment were contrary to the facts unearthed during the course of 153A proceedings. If there is nothing on record to suggest that any material was unearthed during the search or during the 153A proceedings, the Assessing Officer while passing order under section 153A read with section 143(3) cannot disturb the assessment order.” 8. Respectfully following the above said decision

MORAJ BUILDING CONCEPTS PVT LTD,NAVI MUMBAI vs. DCIT CENTRAL CIRLE - 5(2), MUMBAI

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

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

reassessment were contrary to the facts unearthed during the course of 153A proceedings. If there is nothing on record to suggest that any material was unearthed during the search or during the 153A proceedings, the Assessing Officer while passing order under section 153A read with section 143(3) cannot disturb the assessment order.” 8. Respectfully following the above said decision

MORAJ BUILDING CONCEPTS PVT. LTD,MUMBAI vs. DCIT CENT. CIR -5(2), MUMBAI

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

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

reassessment were contrary to the facts unearthed during the course of 153A proceedings. If there is nothing on record to suggest that any material was unearthed during the search or during the 153A proceedings, the Assessing Officer while passing order under section 153A read with section 143(3) cannot disturb the assessment order.” 8. Respectfully following the above said decision