GLOBAL BUSINESS CONEXXTIONS PVT.LTD.,MADHYA PRADESH vs. ACIT/DCIT-5(3), MUMBAI

22)(e) of the Act vide order, dated 28/12/2018, passed under Section 143(3) read with Section 147 of the Act. Being aggrieved, the Appellant preferred appeal against the 5. Assessment Order before the CIT(A) challenging the validity of reassessment proceedings as well as the addition of INR 11,83,73,433/- made under Section 2

RAMESH PREMJI SHAH,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX , MUMBAI

In the result, the appeal of the assessee is partly allowed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1985/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Ramesh Premji Shah बिधम/ Dcit 3-6 Shreeji Apartments 45 Aayakar Bhavan, Marine Vs. Jp Road Andheri (W), Lines, Mumbai-400020. Mumbai-400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadps2715F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Subhas Bains Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 19/10/2022 घोषणा की तारीख /Date Of Pronouncement: 09/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 15.07.2022 For The Assessment Year 2012-13. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: - “1The Cit(A)/Nfac Has Erred On The Facts & In The Circumstances Of The Case, In As Much As Upholding The Reassessment Order Passed By The Assessing Officer U/S 143(3) Rws 147 Of The It Act Dated 09.12.2019 Which Was Requested To Be Held As Illegal & Bad In Law As No Reassessment Can Be Made For Making Addition U/S 2(22)(E) Of The It Act U/S 147 Especially When The Disallowance Was Made From All The Details & Facts Available On Record And, Therefore, The Main Condition For Reopening The Case Beyond Four Years Which Is Failure On The Part Of Appellant To Disclose Fully & Truly All Material Facts Was Not Established By The Ao. Hon’Ble Itat Is Requested To Reverse The Order

reassessment order passed by the Assessing Officer u/s 143(3) rws 147 of the IT Act dated 09.12.2019 assessing total income at Rs,3,46,93,780/- as against returned income of Rs.1,85,690/-,which was requested to be held as a in law as the same was liable to be quashed and cancelled as the assessment order

ITO - 3(2)(2), MUMBAI vs. M/S MULTIVENTURE FINANCIAL SERVICES PVT. LTD, MUMBAI

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Amarjit Singh

2(22)(e) of the Act. Since the facts in the present case are similar to one as decided by us in ITA No.3717/M/2019 A.Y. 2013-14 in ground Nos.4 to 6 wherein we have upheld the order of Ld. CIT(A) by dismissing the appeal of the Revenue. Therefore, our finding in ground Nos.4 to 6 of ITA No.3717/M/2019

M/S MULTIVENTURE FINANCIAL SERVICES PVT LTD.,MUMBAI vs. ITO 3 (2)(2), MUMBAI

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Amarjit Singh

2(22)(e) of the Act. Since the facts in the present case are similar to one as decided by us in ITA No.3717/M/2019 A.Y. 2013-14 in ground Nos.4 to 6 wherein we have upheld the order of Ld. CIT(A) by dismissing the appeal of the Revenue. Therefore, our finding in ground Nos.4 to 6 of ITA No.3717/M/2019

ITO 2(3)(2), MUMBAI vs. SATURN ADVISORY SERVICES P.LTD, MUMBAI

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Years: 2006-07 Income Tax Officer-2(3)(2), M/S Saturn Advisory Room No. 518A, Services Pvt. Ltd., बनाम/ Aayakar Bhavan, M.K. Road, 44, Strategic House, Vs. Mumbai-400020 Mint Road, Fort, Mumbai-400001 (राज"व /Revenue) ("नधा"रती/Assessee) Pan No.:-Aajcs2674N

reassessment proceedings, applied section 2(22)(e) of the Act on the funds 21 M/s Saturn Advisory Services Pvt. Ltd. acquired

UTILITY SUPPLY PRIVATE LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 8(4) MUMBAI, MUMBAI

In the result, the appeal filed by the Assessee is allowed

22 and 23 of the order, page 217 of the Case Law\nPaper Book No. 2):\n(a) ...there is not even a token mention of the draft orders\nhaving been perused by the Additional Commissioner. The letter\nsimply grants an approval.\n(b)...it is an admitted position that the assessment orders\nare totally silent about the Assessing Officer

NITIN P. CHHEDA,MUMBAI vs. ITO 23(1)(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Hon'Ble

E R PER C.N. PRASAD (JM) 1. These two appeals are filed by the assessee challenging the order of the Learned Commissioner of Income Tax (Appeals)–40, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 01.01.2018 for the A.Ys. 2009-10 and 2010-11 in sustaining the validity of assessment order and also the additions/disallowance made in the assessment towards bogus

NITIN P. CHHEDA,MUMBAI vs. ITO 23(1)(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Hon'Ble

E R PER C.N. PRASAD (JM) 1. These two appeals are filed by the assessee challenging the order of the Learned Commissioner of Income Tax (Appeals)–40, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 01.01.2018 for the A.Ys. 2009-10 and 2010-11 in sustaining the validity of assessment order and also the additions/disallowance made in the assessment towards bogus

MRS.PRABHABEN K. GALA,MUMBAI vs. ITO WARD-23(1)(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Hon'Ble

E R PER C.N. PRASAD (JM) 1. These two appeals are filed by the assessee challenging the order of the Learned Commissioner of Income Tax (Appeals)–40, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 02.01.2018 for the A.Ys. 2009-10 and 2010-11 in sustaining the validity of assessment order and also the additions/disallowance made in the assessment towards bogus

MRS.PRABHABEN K. GALA,MUMBAI vs. ITO WARD-23(1)(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Hon'Ble

E R PER C.N. PRASAD (JM) 1. These two appeals are filed by the assessee challenging the order of the Learned Commissioner of Income Tax (Appeals)–40, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 02.01.2018 for the A.Ys. 2009-10 and 2010-11 in sustaining the validity of assessment order and also the additions/disallowance made in the assessment towards bogus

ASGAR MOHAMMED HUSSAIN GHADIALI,MUMBAI vs. ITO 17(1)(2), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Bleshri Asgar Mohammed Hussain Ghadiali V. Income Tax Officer – 17(1)(2) Gem Time Trading, 59 Nakhoda Street Aayakar, Mumbai New Vora’S Malo, 3Rd Floor, Room No. 24 Mumbai – 400 003 & M/S. Kagalwala & Associates Pan: Aappk 4042 B (Assessee) (Respondent) Assessee By : Shri Dr. K. Shivram & Shri Rahul K. Hakani Department By : Shri Satish Chandra Rajore

E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals) -28, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 13.01.2017 for the A.Y. 2009-10. 2 Shri Asgar Mohammed Hussain Ghadiali 2. The assessee in its appeal raised various grounds of appeal on merits and also

ITO 24(1)(2), MUMBAI vs. ANUSHREE V. KHETAN, MUMBAI

In the result, the issue stands remitted to the file of the assessing officer

Bench: Shri Shamim Yahya, Am & Shri Pawan Sing, Jm आयकर अपील सं./I.T.A. No. 4975/Mum/2016 ("नधा"रण वष" / Assessment Year: 2006-07) The Ito-24(1)(2) Smt. Anushree V. Khetan बनाम/ 2Nd Floor, Khetan Bhavan, 605, Piramal Chambers, Lalbaug, Mumbai-400 012 78, J. B. Nagar, Andheri (E), Vs. Mumbai-400 049 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aocpk 8810 J (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Ram Tiwari ""यथ" क" ओर से/Respondent By : Shri Rakesh Joshi

section 2(22)(e) provides that following would be treated as dividend and thus would be taxable in the hands of the recipient: 2(22)(e) any payment by a company, not being a company in which the public are substantially interested, of any sum (whether as representing a part of the assets of the company or otherwise made after

NERKA CHEMICALS P. LTD,GUJRAT vs. ASST CIT CEN CIR 38, MUMBAI

In the result this ground of appeal is allowed for statistical purpose

Bench: Shri R.C. Sharma, Accountant Mamber & Shri Pawan Singh

reassessment proceedings was not properly scrutinized by the AO. Further, the CIT (A) and Tribunal decided the case without examining the information submitted before them by the assessee. In this context, it was held by the High Court that the CIT (A) and Tribunal ought to have made further enquiry into the transaction entered into by the assessee if deemed

AYAJ S. DHUMAL,MUMBAI vs. ITO - 26(2)(4), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2006-07 Ajay S. Dhumal, Ito-26(2)(4), 229/230, Arun Chambers, 2Nd Floor, Mumbai. Vs. Tardeo, Mumbai-400034. Pan No. Aacpd 7035 Q Appellant Respondent

2(22)(e) of the Act in the hands of the assesse the hands of the assessee, but this was not disclosed in the original , but this was not disclosed in the original return of income. The Assessing Officer (AO), having recorded return of income. The Assessing Officer (AO), having recorded return of income. The Assessing Officer (AO), having recorded

LIBRA TECHCON LTD,MUMBAI vs. DCIT 1(2)(1), MUMBAI

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

Bench: Shri G.S. Pannu & Shri Ravish Sood: A.Y : 2009-10

section does not seek to include a payment made for the benefit of the shareholder of the recipient concern. Invoking of Sec. 2(22)(e) of the Act based on the shareholding of a borrowing concern is a concept alien to the deeming provisions of Sec. 2(22)(e) of the Act and this is precisely what has been done

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

ITO-26(2)(1) , MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD, MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

reassessment proceedings , therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, the issue is rendered merely academic and therefore, we are not adjudicating upon the same therefore, we are not adjudicating upon the same in this appeal in this appeal. 8. Now we take up the appeal of the assessee