JEEVANDEEP EDUMEDIA PRIVATE LIMITED,MUMBAI vs. PRINCIPLE CIT-6, MUMBAI

In the result, the a In the result, the appeal of the assessee is stands allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2020-21 Jeevandeep Edumedia Pvt. Ltd., Pr. Cit-6, 1St Floor, Sun Paradise Business 501,5Th Floor, Aayakar Bhavan, Plaza, Senapati Bapat Marg, Vs. Maharishi Karve Road, Lower Parel (West), Mumbai-400020. Mumbai-400013. Pan No. Aabcj 0180 G Appellant Respondent

263 of the Act. 2.3 In response, the assessee submitted that the Assessing Offic In response, the assessee submitted that the Assessing Offic In response, the assessee submitted that the Assessing Officer had indeed examined the allowability of the CSR expenditure under had indeed examined the allowability of the CSR expenditure under had indeed examined the allowability

SHAILESH ASALRAJ JAIN,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI 20, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2018-19

reassessment cannot be examined in proceedings arising from section 263 is devoid of merit. It is well- proceedings arising from section 263 is devoid of merit. proceedings arising from section 263 is devoid of merit. settled that a jurisdictional defect strikes at the foundation of settled that a jurisdictional defect strikes at the foundation of settled that a jurisdictional defect

BHUVNESHWARI VYAPAAR PRIVATE LTD ,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX P-CIT,MUMBAI-1, MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Bhuvneshwari Vyapaar Private Limited Pcit,Mumbai-1 710/A Wing Dattani Plaza Room No. 330, 3 R D Floor, Aayakar Vs. Commercial Premises, Safed Pool, Bhavan, M.K.Road, Mumbai-400 020 Andheri Kurla Road, Andheri East, Mumbai- 400 072 (Appellant) (Respondent) Pan No. Aadcb4386N

reassessment procedure. The revisional proceeding was thus commenced within the limitation period prescribed under Section 263(2) of the Act. The Tribunal has rightly held in the order impugned that limitation period for passing the order is to be Bhuvneshwari Vyapaar Private Limited. A.Y. 2010-11 counted from the date of passing the order under Section 147 read with Section

M/S THE MAHARASHTRA STATE CO. OP BANK LTD.,MUMBAI vs. ITO-1(3)(3), MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is allowed partly assessee is allowed partly whereas the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2013-14

1) and (2) shall apply apply apply to to to the the the following following following classes classes classes of of of assessments, assessments, assessments, reassessments and recomputation which may, subject reassessments and recomputation which may, subject reassessments and recomputation which may, subject to the provisions of sub to the provisions of sub-sections (3) and (5), be sections

DY CIT-1(3)(2), MUMBAI vs. MAHARASHTRA STATE CO-OPERATIVE BANK LIMITED, MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is allowed partly assessee is allowed partly whereas the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2013-14

1) and (2) shall apply apply apply to to to the the the following following following classes classes classes of of of assessments, assessments, assessments, reassessments and recomputation which may, subject reassessments and recomputation which may, subject reassessments and recomputation which may, subject to the provisions of sub to the provisions of sub-sections (3) and (5), be sections

ANUMITA INFRASTRUCTURE PRIVATE LIMITED,MUMBAI vs. PCIT-4, MUMBAI

reassessment order void ab initio. Consequently, the PCIT's order under section 263, which was based on this void order, was also unsustainable.", "result": "Allowed", "sections": [ "139(4)", "143(1

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 or section 262 or section 263

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 or section 262 or section 263

APURVA NATVAR PARIKH & CO. PVT LTD,MUMBAI vs. THE PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI-6, MUMBAI

In the result, the appeal of the assessee is\ndismissed

section 263 of\nthe Act on the observations that no enquiries were conducted by the\nld.Assessing Officer in the matter concerning One time membership\nfee of Rs 5.62 cr.as the impugned sum was being taxed by the\nDepartment as revenue receipt proportionately for 25 years. According\nto him, Rs 2.37 cr. was liable to be taxed in the impugned year

JCIT CENT. CIR. - 1(4), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Grasim Industries Limited, The Dcit Cc-1(4), Corporate Finance Division, Room No. 902, 9Th Floor, Old Vs. A-2, Aditya Birla Centre, S.K. Cgo Building, M.K. Road, Ahire Marg, Worli, Mumbai-400020. Mumbai-400030. Pan No. Aaacg 4464 B Appellant Respondent Assessment Year: 2010-11 Jcit (Osd), Central Circle- Grasim Industries Limited, 1(4), A-Wing, 2Nd Floor, Aditya Room No. 902, Pratishtha Vs. Birla Centre, S.K. Ahire Bhavan, 9Th Floor, Old Cgo Marg, Worli, Building Annexe, Mumbai-400030. Mumbai-400020. Pan No. Aaacg 4464 B Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Chaitanya Joshi Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 03/04/2024 : Date Of Pronouncement 29/04/2024

1) is annulled, the assessment or reassessment that stood abated annulled, the assessment or reassessment that stood abated annulled, the assessment or reassessment that stood abated shall stand revived. l stand revived. 10. Thus on a plain reading of Section 153A of the Inocme 10. Thus on a plain reading of Section 153A of the Inocme 10. Thus

THE SYNTHETIC & ART SILK MILLS RESEARCH ASSOCIATION,MUMBAI vs. CIT (EXEM), MUMBAI

In the result, the appeal of assessee is allowed

Bench: Smt. Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

1) of section 263 of the Income-tax Act, before amendment by the Act, provided that if the Principal Commissioner or Commissioner considers that any order passed by the Assessing Officer is erroneous in so far as it is prejudicial to the interests of the Revenue, he may, after giving the assessee an opportunity of being heard and after making

VINAY ARUN JOSHI,THANE vs. PCIT CENTRAL MUMBAI-1, MUMBAI

In the result, the appeal of the assessee is allowed

1) is annulled, the assessment or reassessment\nthat stood abated shall stand revived.\n\n10. Thus on a plain reading of Section 153A of the Income-tax Act, it\nbecomes clear that on initiation of proceedings under Section 153A, it is\nonly the assessment/reassessment proceedings that are pending on the\ndate of conducting search under Section 132 or making requisition

H.K.ENTERPRISES,MUMBAI vs. DCIT, CENTRAL CIRCLE-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

reassessment pending on the date of initiation of search shall abate and merge into the assessment proceedings initiated u/s. 153A of the Act. In respect of a non-abated assessment year, the assessment can be made 5 HK Enterprises, Mumbai only on the basis of incriminating material found in the course of search. No incriminating material found for which additions

H.K. ENTERPRISES,MUMBAI vs. DY CIT-CC-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

reassessment pending on the date of initiation of search shall abate and merge into the assessment proceedings initiated u/s. 153A of the Act. In respect of a non-abated assessment year, the assessment can be made 5 HK Enterprises, Mumbai only on the basis of incriminating material found in the course of search. No incriminating material found for which additions

H.K. ENTERPRISES,MUMBAI vs. DY CIT CC - 2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

reassessment pending on the date of initiation of search shall abate and merge into the assessment proceedings initiated u/s. 153A of the Act. In respect of a non-abated assessment year, the assessment can be made 5 HK Enterprises, Mumbai only on the basis of incriminating material found in the course of search. No incriminating material found for which additions

H.K. ENTERPRISES,MUMBAI vs. DY CIT -CC-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

reassessment pending on the date of initiation of search shall abate and merge into the assessment proceedings initiated u/s. 153A of the Act. In respect of a non-abated assessment year, the assessment can be made 5 HK Enterprises, Mumbai only on the basis of incriminating material found in the course of search. No incriminating material found for which additions

H.K. ENTERPRISES,MUMBAI vs. DY CIT-CC-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

reassessment pending on the date of initiation of search shall abate and merge into the assessment proceedings initiated u/s. 153A of the Act. In respect of a non-abated assessment year, the assessment can be made 5 HK Enterprises, Mumbai only on the basis of incriminating material found in the course of search. No incriminating material found for which additions

H.K. ENTERPRISES,MUMBAI vs. DY CIT - CC-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

reassessment pending on the date of initiation of search shall abate and merge into the assessment proceedings initiated u/s. 153A of the Act. In respect of a non-abated assessment year, the assessment can be made 5 HK Enterprises, Mumbai only on the basis of incriminating material found in the course of search. No incriminating material found for which additions