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

KAISHAR INTERIORS PRIVATE LIMTIED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 4(2)(2), MUMBAI

Accordingly Ground No.16 raised by the Assessee is allowed

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI PRABHASH SHANKAR (Accountant Member)

reassessment proceedings under Section 147 of the Act and dismiss Grounds No.2 to 7 raised by the Assessee as being without merit. Ground No.8 to 14 13. Ground No.8 to 14 raised by the Assessee raised by the Assessee are directed against the disallowance to the extent of INR.39,25,193/- confirmed by the Learned CIT(A) treating the same

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

reassessment order was passed under section 143\n(3) read with section 147 of Act on 24/12/2019 determining\nthe total income of the assessee at Rs. 40,176,360/-.\n12.\nAssessee aggrieved with the same preferred an appeal before\nthe learned CIT A challenging the reopening of the\nassessment as well as addition on the merits. Assessee claimed\nthat reopening

MACK STAR MARKETING PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX 2(2)(1), MUMBAI

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

Bench: SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER)\nAND\nSHRI SUNIL KUMAR SINGH (JUDICIAL MEMBER)\nITA No. 4994/MUM/2024\nAssessment Year: 2013-14\nMack Star Marketing Pvt. Ltd.,\nUnit 404, Kaledonia, 19 Sahar Road,\nAndheri (E),\nMumbai-400069.\nPAN NO. AADCM 7564 K\nAppellant\nNational Faceless Appeal Centre.\nVs.\nRespondent\nAssessee by\n: Mr. Yash Varmani\nRevenue by\n: Mr. R.R. Makwana, Sr. DR\nDate of Hearing\n: 17/12/2024\nDate of pronouncement\n: 21/01/2025\nORDER\nPER OM PRAKASH KANT (Accou

Section 147 requiring the\nassessee's failure to disclose material facts fully and truly does not\napply. In light of the above findings, it is evident that the proviso to\nSection 147 is not applicable to the facts of the instant case, as the\nreopening of the assessment falls within the four-year period.\nConsequently, the ground challenging the validity

ESSEN CONSULTING,MUMBAI vs. DCIT CIRCLE 23(1), MUMBAI

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar

reassessment proceedings, rendering the notice issued under section 148 of the Act bad in law. In this regard, the Ld. AR invited our attention to the order passed under section 148A(d) of the Act dated 29.07.2022, wherein the relevant noting recorded by the Ld. AO reads as under: “10. This order is issued with the prior approval

ESSEN CONSULTING ,MUMBAI vs. DCIT CIRCLE 23(1), MUMBAI

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar

reassessment proceedings, rendering the notice issued under section 148 of the Act bad in law. In this regard, the Ld. AR invited our attention to the order passed under section 148A(d) of the Act dated 29.07.2022, wherein the relevant noting recorded by the Ld. AO reads as under: “10. This order is issued with the prior approval

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

section 147 of the Act was done/properly following the due process of law and there is no infirmity or illegality in reopening the assessment and the notice issued u/s.148 for the year under consideration is perfectly legal and valid. Therefore, ground Nos. 2 and 3 are dismissed.” 4. The Assessee has challenged the above finding. During the course of appellate

ACC LTD.,MUMBAI vs. DCIT(LTU) - 1, MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

section 147 of the Act was done/properly following the due process of law and there is no infirmity or illegality in reopening the assessment and the notice issued u/s.148 for the year under consideration is perfectly legal and valid. Therefore, ground Nos. 2 and 3 are dismissed.” 4. The Assessee has challenged the above finding. During the course of appellate

ACC LTD.,MUMBAI vs. DCIT(LTU) - 1, MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

section 147 of the Act was done/properly following the due process of law and there is no infirmity or illegality in reopening the assessment and the notice issued u/s.148 for the year under consideration is perfectly legal and valid. Therefore, ground Nos. 2 and 3 are dismissed.” 4. The Assessee has challenged the above finding. During the course of appellate

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

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

207 of the Case Law Paper Book No. 2). The\nHon'ble Court took cognizance of the remark made by the Addl.\nCIT that he did not have time to analyze the issues arising out of\nthe draft order and hence the granting of approval was held to be\na mechanical exercise. In the present case, no such qualifying\nremarks

ITO 17 (2)(4), MUMBAI vs. NEUMEC BUILDERS & DEVELOPERS, MUMBAI

In the result, the appeal by the Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

207, 2nd Floor, Regent Chambers ……………. Respondent 208, Block no.III, Backbay Reclamation Nariman Point, Mumbai 400 021 PAN – AAFFN1763N Assessee by : Shri S.D. Pathak Revenue by : Dr. Mahesh Akhade Date of Hearing – 17/05/2023 Date of Order – 30/05/2023 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present appeal has been filed by the Revenue challenging the impugned order dated

ASHOK AMRATLAL SHAH ,MUMBAI vs. ITO WARD 42(1)(1), MUMBAI

In the result, the appeals of the assessee bearing ITA Nos

Bench: Shri.B.R. Baskaran & Shri Anikesh Banerjee- A.Y. 2015-16 - A.Y. 2016-17 - A.Y. 2017-18

reassessment notice issued beyond the surviving time limit is invalid. For AY 2015-16, the surviving time limit was exceeded, and the notice issued on 30/06/2022 is therefore barred by limitation. The Ld. CIT(A) observed that the notices under Section 148 were issued in compliance with the directions of the Hon’ble Supreme Court in Ashish Agarwal (supra

SHREE SAI BABA SANTHAN TRUST MUMBAI ,MUMBAI vs. DCIT(EXEMPTION), MUMBAI

In the result, the appeal filed by the assessee is allowed and the\nappeal of the Revenue is dismissed

section\n2, where a person receiving such contribution does not maintain a record of\nthe identity indicating the name and address of the person making such\ncontribution and such other particulars as may be prescribed.”\nIt can be noticed that the anonymous donations received by a charitable\ntrust is made taxable u/s 115BBC of the Act. However, if the trust

DY COMMISSIONER OF INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST (SHIRDI), MUMBAI

In the result, the appeal filed by the assessee is allowed and the\nappeal of the Revenue is dismissed

section\n2, where a person receiving such contribution does not maintain a record of\nthe identity indicating the name and address of the person making such\ncontribution and such other particulars as may be prescribed.”\n\nIt can be noticed that the anonymous donations received by a charitable\ntrust is made taxable u/s 115BBC of the Act. However

BARCELONA MERCANTILE COMPANY PRIVATE LIMITED,MUMBAI vs. WARD 12(1)(3), MUMBAI

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

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

reassessment proceedings initiated by the AO under section 147 of the Act, and the same are upheld. 8. On the merits, it is the plea of the assessee that the sum of Rs.1.50 crore was received towards the joint venture contribution. In this regard, the assessee has also placed on record an affidavit of the Director of M/s. Minaxi Suppliers

RAJENDRA KUMAR MUNDRA (HUF),MUMBAI vs. NATIONAL FACELESS ASSESSMENT CENTRE (NFAC), DELHI

In the result the appeal filed by the assessee stands allowed

Bench: Hon’Ble Shri Sandeep Gosain& Shri Girish Agrawalrajendra Kumar Mundra Vs. Ito, Ward 24(3)(1) (Huf) Piramal Chamber C-28, Ameya Bldg, Behind Lalbaug, Mumbai – Ymca Dn Nagar Andheri (W) 400012. 400053. Pan/Gir No.Aadh6828J (Applicant) (Respondent)

reassessment u/s 147 read with Section 144B of the Act was not valid. Conclusion 38. In view of the above findings and discussion, the appeal filed by the department deserves to bed is missed. Result 39. In view of the above discussion and findings, memorandum of cross objections No 1/JP/2025filed by the assessee is allowed. Hans Raj Agarwal the appeal

DCIT CC-8(2), MUMBAI vs. ANIL DHIRAJLAL AMBANI, MUMBAI

In the result, appeal of the revenue ITA No

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

reassessment was completed under section 143(3) read with section 147 on 13/01/2012, accepting the income declared therein. 4 ITAs No.6228 to 6233/Mum/2025 Anil Dhirajlal Ambani Subsequently, for A.Ys. 2001–02 to 2006–07, assessments were again reopened under section 147 by notice dated 29/03/2019. The reopening was based on information received from the French Government under the Indo–France