VIACOM 18 MEDIA PVT LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-16(1), MUMBAI

Appeals of the assessee are allowed partly for statistical purposes whereas appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

260 or section 262 or or section 263 or section 264, wholly or partly, , wholly or partly, otherwise than by making a fresh assessment or reassessment

VIACOM 18 MEDIA PVT LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-16(1), MUMBAI

Appeals of the assessee are allowed partly for statistical purposes whereas appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

260 or section 262 or or section 263 or section 264, wholly or partly, , wholly or partly, otherwise than by making a fresh assessment or reassessment

ASSISTANT COMMISSIONER OF INCOMETAX, MUMBAI vs. VIACOM18 MEDIA PVT LTD, MUMBAI

Appeals of the assessee are allowed partly for statistical purposes whereas appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

260 or section 262 or or section 263 or section 264, wholly or partly, , wholly or partly, otherwise than by making a fresh assessment or reassessment

ITO-28(3)(1), MUMBAI, MUMBAI vs. SATYA PRAKASH SINGH, MUMBAI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

reassessment, as the case may be, under the said 15[sub- sections (1), (1A), (2), (3) and (3A)], shall be extended by twelve months. (5) Where effect to an order under section 250 or section 254 or section 260

MR. SATYA PRAKASH SINGH,MUMBAI vs. ITO, WARD-28(3)(1), VASHI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

reassessment, as the case may be, under the said 15[sub- sections (1), (1A), (2), (3) and (3A)], shall be extended by twelve months. (5) Where effect to an order under section 250 or section 254 or section 260

ACIT, CIRCLE -2(1)(1), MUMBAI vs. M/S. BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260

ACIFFT, CIRCLE-2(1)(1), MUMBAI vs. M/S BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260

BHARAT PETROLEUM CORPORATION LIMITED,MUMBAI vs. DY. CIT RANGE-2(1)(1), MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260

ACIT, CIRCLE-2(1)(1), MUMBAI, MUMBAI vs. M/S BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260

BHARAT PETROLEUM CORPORATION LIMITED,MUMBAI vs. DY. CIT RANGE-2(1)(1), MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260

DCIT CEN CIR 8(4), MUMBAI vs. SAVITA OIL TECHNOLOGIES LTD, MUMBAI

Appeal is allowed

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.7620/Mum/2016 (नििाारण वर्ा / Assessment Year : 2010-11)

260 or I.T.A. No.7620/Mum/2016 section 262 or section 263 or section 264, wholly or partly, otherwise than by making a fresh assessment or reassessment

KONARK STRUCTURAL ENGG PRIVATE LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-12, MUMBAI

In the result, the appeal of assessee is allowed

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am

260 and considered the controversy. The view of the Hon’ble Madras High Court was in consensus with the decision of the Hon’ble Supreme Court in the case of Sun Engineering P. Ltd (supra) treating the reassessment as a supplementary assessment. According to the Hon’ble Supreme Court the time limit for revision has to be reckoned with reference

DCIT 3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPEMENT CO. LTD, MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

reassessment [or fresh order under section 92CA, as the case may be,], such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD.,MUMBAI vs. DCIT-3(2)(1), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

reassessment [or fresh order under section 92CA, as the case may be,], such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD.,MUMBAI vs. ACIT-3(2)(1), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

reassessment [or fresh order under section 92CA, as the case may be,], such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260

ACIT 3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD, MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

reassessment [or fresh order under section 92CA, as the case may be,], such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260

WEST COAST PAPER MILLS LTD.,MUMBAI vs. ITO - 1(3)(4), MUMBAI

In the result of above discussion keeping in view the provisions of statute and Memorandum to the Finance Bill 2016, we accept the arguments of assessee, and ground no

Bench: Shri Kuldip Singh & Shri Gagan Goyalwest Cost Paper Mills Ltd., Shree Niwas House, Hazarimal Somani Marg, Fort, Mumbai - 400001. Pan: Aaact4179N ...... Appellant Vs. Ito-1(3) (4), Aayakar Bhavan, M.K. Road, Mumbai - 400020. ..... Respondent Appellant/Assessee By : Sh. Alpesh Dharod & Sh. Tarun Ashok Chopda, Ars Respondent/Revenue By : Sh. Satyapal Kumar- Sr.Dr Date Of Hearing : 21/09/2022 Date Of Pronouncement : 19/12/2022 Order Per Gagan Goyal, A.M: This Appeal By Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-3, Mumbai [For Short ‘Ld. Cit(A)’] Passed Under Section 244A(1A) Of The Income Tax Act, 1961 [For Short ‘The Act’] Vide Order Dated 29.01.2018 For Assessment Year (Ay) 2008-09. The Assessee Has Raised The Following Grounds Of Appeal:

260 or section 262 or section 263 or section 264, wholly or partly, otherwise than by making a fresh assessment or reassessment

ITO 6(3)(2), MUMBAI vs. JAYDEEP PROFILES P.LTD, MUMBAI

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2009-10 Income Tax Officer 6(3)(2), Jaydeep Profiles P. Ltd., R No.503, 5Th Floor, Aayakar 142/7 Lakdi Bunder Road, बनाम/ Bhavan, M.K.Road, Darukhana, Reay Road, Vs. Mumbai 400 020 Mumbai 400 086 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aaacj8998B Assessment Year: 2009-10 Jaydeep Profiles P. Ltd., Income Tax Officer 6(3)(2), 142/7 Lakdi Bunder Road, R No.503, 5Th Floor, Aayakar बनाम/ Darukhana, Reay Road, Bhavan, M.K.Road, Vs. Mumbai 400 086 Mumbai 400 020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaacj8998B 2 & 2698/Mum/2016

reassessment is within the period of limitation prescribed under the proviso to section 147. Explanation (1 ) to the said provision makes it clear that production of account books or other evidence from which the Assessing Officer could with due diligence discover material evidence would not necessarily amount to disclosure within the meaning of the proviso that stipulates an extended period