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

ALRAMEEZ CONSTRUCTION PVT LTD ,MUMBAI vs. NATIONAL FACELESS APPEAL CENTRE , MUMBAI

In the result grounds of appeal raised by assessee is allowed

Bench: Shri Kuldip Singh & Shri Gagan Goyalm/S Alrameez Construction Pvt. Ltd. 707/708, 7Th Floor, Jms Business Centre Behram Baug, Oshiwara Link Road, Jogeshwari West, Mumbai-400 080 Pan: Aafca8078A ...... Appellant Vs. Cit/Nfac Delhi ..... Respondent

reassessed or recomputed in a preceding order. (11) No addition or disallowance of an amount shall form the basis for imposition of penalty, if such addition or disallowance has formed the basis of imposition of penalty in the case of the person for the same or any other assessment year. (12) The penalty referred to in sub-section (1) shall

MUKAND LIMITED,MUMBAI vs. DCIT 3(2)(1), MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Blem/S. Mukund Limited V. Dy. Cit-3(2)(1) Aayakar Bhavan Bajaj Bhavan, 3Rd Floor M.K. Road 226 Nariman Point New Marine Lines Mumbai – 400 021 Mumbai – 400 020 Pan: Aaacm5008R (Appellant) (Respondent) Assessee By : Shri Kirit Kamdar Department By : Shri Ajay K. Ojha

Section 292BB of the Act is not applicable also for the assessment years 2009-10, 2010-11 and 2011-12. The deeming fiction that once an assessee has appeared in any proceeding or participated in any query relating to assessment or reassessment, it shall be deemed that the notice under the provisions of the Act, which is required

SAKUN GEMS,MUMBAI vs. ITO 19(3)(2), MUMBAI

In the result, both the appeals of the assessee for the A

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

Section 292BB of the Act is not applicable also for the assessment years 2009-10, 2010-11 and 2011-12. The deeming fiction that once an assessee has appeared in any proceeding or participated in any query relating to assessment or reassessment, it shall be deemed that the notice under the provisions of the Act, which is required

SAKUN GEMS,MUMBAI vs. ITO 19(3)(2), MUMBAI

In the result, both the appeals of the assessee for the A

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

Section 292BB of the Act is not applicable also for the assessment years 2009-10, 2010-11 and 2011-12. The deeming fiction that once an assessee has appeared in any proceeding or participated in any query relating to assessment or reassessment, it shall be deemed that the notice under the provisions of the Act, which is required

RAMESH SALECHA HUF,MUMBAI vs. ITO 14(2)(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

Section 292BB of the Act is not applicable also for the assessment years 2009-10, 2010-11 and 2011-12. The deeming fiction that once an assessee has appeared in any proceeding or participated in any query relating to assessment or reassessment, it shall be deemed that the notice under the provisions of the Act, which is required

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

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

In the result, appeal for A

reassessments made by Assessing Officer under section 153A, without any incriminating material being found during the search action are not in accordance with law and consequential result is that the return/original assessments which have acquired finality are to be reiterated. 27. Similar view has been taken by ITAT Jodhpur Bench in the case of IOC Builders and Developers, 50 taxmann.com

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

In the result, appeal for A

reassessments made by Assessing Officer under section 153A, without any incriminating material being found during the search action are not in accordance with law and consequential result is that the return/original assessments which have acquired finality are to be reiterated. 27. Similar view has been taken by ITAT Jodhpur Bench in the case of IOC Builders and Developers, 50 taxmann.com

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

In the result, appeal for A

reassessments made by Assessing Officer under section 153A, without any incriminating material being found during the search action are not in accordance with law and consequential result is that the return/original assessments which have acquired finality are to be reiterated. 27. Similar view has been taken by ITAT Jodhpur Bench in the case of IOC Builders and Developers, 50 taxmann.com

SONAL SNEHAL SHAH,MUMBAI vs. ITO 19(3)(1), MUMBAI

reassessment proceedings. He\nsubmits that the reopening has been made on the\ncompletely borrowed satisfaction which is not permitted\nunder the law. For this proposition he referred to several\njudicial precedents.\nviii.\napproval granted by the principal Commissioner of\nincome tax 19, Mumbai on 22/3/2019 was only\nmentioning 'yes I am satisfied' is not proper satisfaction\nand approval under section

R RAMESH & CO.,MUMBAI vs. ACIT-19(3), MUMBAI

In the result appeal of the assessee for assessment year 2012 – 13 is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

166,350/– as per the reassessment order passed under section 143 (3) read with section 147 of the act on 21/12/2018

R RAMESH & CO.,MUMBAI vs. ACIT-19(3), MUMBAI

In the result appeal of the assessee for assessment year 2012 – 13 is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

166,350/– as per the reassessment order passed under section 143 (3) read with section 147 of the act on 21/12/2018

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. EI RESORTS & CLUBS PVT LTD, MUMBAI

3213/Mum/2025

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

reassessment proceedings initiated under section 148 by the jurisdictional Assessing Officer, in violation of the Faceless Scheme under section 151A and compounded by the failure to generate and quote a valid DIN, stand vitiated in law. The dual breaches one jurisdictional, the other procedural strike at the root of the assessment‟s validity. The notice under section 148, having been

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. E I RESORTS AND CLUBS PVT LTD, MUMBAI

3213/Mum/2025

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

reassessment proceedings initiated under section 148 by the jurisdictional Assessing Officer, in violation of the Faceless Scheme under section 151A and compounded by the failure to generate and quote a valid DIN, stand vitiated in law. The dual breaches one jurisdictional, the other procedural strike at the root of the assessment‟s validity. The notice under section 148, having been

ASST CIT 25(2), MUMBAI vs. PRATIKSHA SHAH, MUMBAI

The appeals of the Revenue are dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

reassessment, if any, relating to any assessment year falling within period of six assessment years pending on the date of initiation of search under 132 or requisition under section 132A as the case may be shall abate. 15. We have considered the rival contentions and also deliberated on the judicial pronouncements referred by lower authorities in their respective order

ACIT 25(2), MUMBAI vs. PRATIKSHA B SHAH, MUMBAI

The appeals of the Revenue are dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

reassessment, if any, relating to any assessment year falling within period of six assessment years pending on the date of initiation of search under 132 or requisition under section 132A as the case may be shall abate. 15. We have considered the rival contentions and also deliberated on the judicial pronouncements referred by lower authorities in their respective order