SAMADHAN KRISHNA KATEKAR,RAIGAD vs. ITO WD 3 PANVEL, NAVI MUMBAI

In the result the ground No

Bench: Shri Pawan Singh & Shri M. Balaganeshmr. Samadhan Krishna Ito. Ward-3, Katekar, L/H Of Late Krishna Vs. Panvel Range, Trifed Tower, Kathari Katekar, Opp. Khanda Colony, At Dhutum, Taluka-Uran, Navi Mumbai-410206. District-Raigad. Pan: Azrpk4713E Appellant Respondent Appellant By : Mr. Prakash Pandit (Advocate) Respondent By : Shri Satish Rajore (Sr. Dr) Date Of Hearing : 10.06.2019 Date Of Pronouncement :12.06.2019 Order Under Section 254(1)Of Income Tax Act Per Pawan Singh; 1. This Appeal Under Section 253 Of Income Tax Act (Act) Is Directed Against

section 159 continued with reassessment proceedings against assessee, section 159 would not applicable to instant case and, therefore impugned notice

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

159 (pre-death)\ncannot be assessed under Section 168 (post-death). There is no\noverlapping of jurisdiction.\n9.11 In the present case, the reassessment

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

159 (pre-death)\ncannot be assessed under Section 168 (post-death). There is no\noverlapping of jurisdiction.\n9.11 In the present case, the reassessment

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

159] in para 11 to 14 has held as under : 11. A careful study of section 153A to 153C and also the circular issued by the CBDT explaining the procedure of assessment in search cases, it shows that these are separate provisions independent of other provisions relating to reassessment

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.

section 143(3) r.w.s. 147 of the Income tax Act. The appellant craves leave to add, amend, alter or delete any or all the above grounds of appeal.” 4. The brief facts of the case are that the case of the Assessee was reopened by issuance of notice dated 31.03.2014 u/s 148 of the I. T. Act, after recording necessary

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)

reassessment proceedings. The relevant extract of the said judgment reads as under: “2. Here is a case where Petitioner had filed return of income ITA No. 2616-2623 /Mum /2024, ITA No. 2845, 2841, 2836, 2834, 2827, 2830 & 2823 / Mum / 2024 & C.O. No. 97 & 96 / Mum / 2024 Assessment Year 2010-2011, 2012-2013 to 2019-2020 showing a total income

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)

reassessment proceedings. The relevant extract of the said judgment reads as under: “2. Here is a case where Petitioner had filed return of income ITA No. 2616-2623 /Mum /2024, ITA No. 2845, 2841, 2836, 2834, 2827, 2830 & 2823 / Mum / 2024 & C.O. No. 97 & 96 / Mum / 2024 Assessment Year 2010-2011, 2012-2013 to 2019-2020 showing a total income

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)

reassessment proceedings. The relevant extract of the said judgment reads as under: “2. Here is a case where Petitioner had filed return of income ITA No. 2616-2623 /Mum /2024, ITA No. 2845, 2841, 2836, 2834, 2827, 2830 & 2823 / Mum / 2024 & C.O. No. 97 & 96 / Mum / 2024 Assessment Year 2010-2011, 2012-2013 to 2019-2020 showing a total income

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)

reassessment proceedings. The relevant extract of the said judgment reads as under: “2. Here is a case where Petitioner had filed return of income ITA No. 2616-2623 /Mum /2024, ITA No. 2845, 2841, 2836, 2834, 2827, 2830 & 2823 / Mum / 2024 & C.O. No. 97 & 96 / Mum / 2024 Assessment Year 2010-2011, 2012-2013 to 2019-2020 showing a total income

M/S. STEECON INFRASTRUCTURE ,JODHPUR vs. ITO, WARD-1(4), JODHPUR

In the result, the appeal of the assessee is dismissed

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2012-13 M/S Steecon Infrastructure Income Tax Officer 1(4) 85, Subhash Nagar, Pal Road, Paota Jodhpur- 242008 Vs. Jodhpur- 342008 Pan No. Acdfs3423Q Appellant Respondent

reassessment notice issued under section 148 of the Act dated 8/9/2014 on the ground that same was issued on non- existent entity as the firm was dissolved on 1/1/2013. The learned counsel of the assessee has relied on decisions, which are listed above. In Bhupendra Bhikabhai Desai (supra), the case is of individual and notice under section 153C

ALBERT JOSEPH ROZARIO,MUMBAI vs. ITO, INT. TAX, CIRCLE 4(1)(1), MUMBAI, MUMBAI

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2018-19 Albert Joseph Rozario, Ito, (Int. Tax), Circle-4(1)(1), B-311, 5Th Wing, Room No. 629, 6Th Floor, Inlaks Park, Vs. Kautilya Bhavan, Yari Road, Versova, C-41 To C-43, G Block, Andheri West, Bandra Kurla Complex, Mumbai-400058 Bandra East, Pan : Afvpr6139P Mumbai-400051 (Appellant) (Respondent) For Assessee : Shri Dharan Gandhi For Revenue : Shri Sridhar G. Menon, Sr.Dr Date Of Hearing : 01-05-2025 Date Of Pronouncement : 22-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Final Assessment Order Passed By The Assessing Officer U/S 147 R/W 144C(13) Of The Act Dt. 30-12-2024, Consequent To The Directions Given By The Ld. Drp-1, Mumbai-3, U/S 144C(5) Of The Act, Dated 30-11-2024 Pertaining To Assessment Year (Ay.) 2018-19. 2. Briefly The Facts Of The Case Are That Basis Information Available Through The Insight Portal That The Assessee Had Purchased Immoveable Properties Amounting To Rs. 8,31,45,549/- & Has Received Interest

reassessment proceedings to be completely without jurisdiction. It was submitted that grant of proper sanction is not just a procedural issue, but a jurisdictional issue as held by the Hon‟ble Supreme Court. 10. Further reference was drawn to the first proviso to section 148, as it then stood at the relevant time, which requires a notice

LESHARK GLOBAL LLP ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, all the appeals for A

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 2(24)(xviii) of the Act. In respect of the FPS, the ld. Counsel relied on the decision of the ITAT Chennai Bench in the case of Eastman Exports Global Clothing Pvt. Ltd. in ITA No. 47/MDS/2016(AYs 2011-12 and 2012-13) dated 17.05.2016 and the ITAT Delhi in the case of Bharat Rasayan

LESHARK GLOBAL LLP ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, all the appeals for A

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 2(24)(xviii) of the Act. In respect of the FPS, the ld. Counsel relied on the decision of the ITAT Chennai Bench in the case of Eastman Exports Global Clothing Pvt. Ltd. in ITA No. 47/MDS/2016(AYs 2011-12 and 2012-13) dated 17.05.2016 and the ITAT Delhi in the case of Bharat Rasayan

LESHARK GLOBAL LLP ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, all the appeals for A

section 2(24)(xviii) of the Act. In respect of the FPS, the ld. Counsel relied on the decision of the ITAT Chennai Bench in the case of Eastman Exports Global Clothing Pvt. Ltd. in ITA No. 47/MDS/2016(AYs 2011-12 and 2012-13) dated 17.05.2016 and the ITAT Delhi in the case of Bharat Rasayan

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

reassessment orders when the search was initiated or the requisition was made. 22. In the light of our discussion, we find it difficult to uphold the view of the Tribunal expressed in Para 9.6 of its order that since the returns of income filed by the assessee for all the six years under consideration before the search took place were

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

reassessment orders when the search was initiated or the requisition was made. 22. In the light of our discussion, we find it difficult to uphold the view of the Tribunal expressed in Para 9.6 of its order that since the returns of income filed by the assessee for all the six years under consideration before the search took place were

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

reassessment orders when the search was initiated or the requisition was made. 22. In the light of our discussion, we find it difficult to uphold the view of the Tribunal expressed in Para 9.6 of its order that since the returns of income filed by the assessee for all the six years under consideration before the search took place were

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), MUMBAI vs. SHRI RAMESH KUMAR JAIN, MUMBAI

In the result, the appeal by the Revenue is allowed for statistical purposes

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

159 (Visakhapatnam Trib.). The extract of the decision is as under: "A careful study of sections 153A to 153C and also the circular issued by the CBDT explaining the procedure of assessment in search cases shows that these are separate provisions independent of other provisions relating to reassessment