ASST.COMMISSIONER OF INCOME TAX, BANDRA KURLA COMPLEX MUMBAI vs. DEVANG AJIT JAVERI , MUMBAI

In the result, appeal of the Revenue is dismissed on aforesaid terms

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

275(1)(c) of the Act, the same having been passed after the lapse of six months from the end of the month in which the penalty proceedings were initiated by the AO. 9. Similar view was reiterated by the Hon’ble Delhi High Court in the case of PCIT vs. Thapar Homes Ltd. Reported in (2024) 159 taxmann.com

DEVANG AJIT JHAVERI ,MUMBAI vs. JCIT, RANGE 17(1), MUMBAI

In the result, appeal of the Revenue is dismissed on\naforesaid terms

275(1)(c) of\nthe Act, the same having been passed after the lapse of six\nmonths from the end of the month in which the penalty\nproceedings were initiated by the AO.\n9. Similar view was reiterated by the Hon'ble Delhi High Court in\nthe case of PCIT vs. Thapar Homes Ltd. Reported in (2024)\n159 taxmann.com

ASST. COMMISSIONER OF INCOME TAX , BANDRA KURLA COMPLEX vs. DEVANG AJIT JHAVERI , MUMBAI

In the result, appeal of the Revenue is dismissed on\naforesaid terms

275(1)(c) of\nthe Act, the same having been passed after the lapse of six\nmonths from the end of the month in which the penalty\nproceedings were initiated by the AO.\n9. Similar view was reiterated by the Hon'ble Delhi High Court in\nthe case of PCIT vs. Thapar Homes Ltd. Reported in (2024)\n159 taxmann.com

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

275. 3. We have gone through the order of AO imposing penalty u/s 270A, order of Ld. CIT (A) and submissions of the assessee alongwith grounds of 4 M/s Alrameez Construction Pvt. Ltd. appeal taken. It is observed that quantum addition in the case of the assessee was made u/s 43CA r.w.s. 56 (2) (x) i.e. deeming sections. For ready

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 148, is void ab initio, the consequential reassessment order dated 30.12.2018 passed by DCIT, Central Circle 4(1), Mumbai must fall with it. A superstructure built upon a non-existent foundation is destined to collapse. 23. In view of our findings that the reassessment proceedings are fundamentally tainted by want of jurisdiction, we see no necessity to venture into

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 148, is void ab initio, the consequential reassessment order dated 30.12.2018 passed by DCIT, Central Circle 4(1), Mumbai must fall with it. A superstructure built upon a non-existent foundation is destined to collapse. 23. In view of our findings that the reassessment proceedings are fundamentally tainted by want of jurisdiction, we see no necessity to venture into

HEMENDRA RAMJI VIRA,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 148, is void ab initio, the consequential reassessment order dated 30.12.2018 passed by DCIT, Central Circle 4(1), Mumbai must fall with it. A superstructure built upon a non-existent foundation is destined to collapse. 23. In view of our findings that the reassessment proceedings are fundamentally tainted by want of jurisdiction, we see no necessity to venture into

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

section 148, is void ab initio, the consequential reassessment order dated 30.12.2018 passed by DCIT, Central Circle 4(1), Mumbai must fall with it. A superstructure built upon a non-existent foundation is destined to collapse. 23. In view of our findings that the reassessment proceedings are fundamentally tainted by want of jurisdiction, we see no necessity to venture into

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 148, is void ab initio, the consequential reassessment order dated 30.12.2018 passed by DCIT, Central Circle 4(1), Mumbai must fall with it. A superstructure built upon a non-existent foundation is destined to collapse. 23. In view of our findings that the reassessment proceedings are fundamentally tainted by want of jurisdiction, we see no necessity to venture into

HEMENDRA RAMJI VIRA,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 148, is void ab initio, the consequential reassessment order dated 30.12.2018 passed by DCIT, Central Circle 4(1), Mumbai must fall with it. A superstructure built upon a non-existent foundation is destined to collapse. 23. In view of our findings that the reassessment proceedings are fundamentally tainted by want of jurisdiction, we see no necessity to venture into

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 148, is void ab initio, the consequential reassessment order dated 30.12.2018 passed by DCIT, Central Circle 4(1), Mumbai must fall with it. A superstructure built upon a non-existent foundation is destined to collapse. 23. In view of our findings that the reassessment proceedings are fundamentally tainted by want of jurisdiction, we see no necessity to venture into

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

reassessment order of the AO be set aside as bad in law.” 22. Similar issue was considered by us in the Assessee’s Appeal in Ground No 6 for the A.Y. 2007-08 and held as under: - “58. Considered the rival submissions and material placed on record. It is observed that during the year under consideration assessee has sold

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

reassessment order of the AO be set aside as bad in law.” 22. Similar issue was considered by us in the Assessee’s Appeal in Ground No 6 for the A.Y. 2007-08 and held as under: - “58. Considered the rival submissions and material placed on record. It is observed that during the year under consideration assessee has sold

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

reassessment order of the AO be set aside as bad in law.” 22. Similar issue was considered by us in the Assessee’s Appeal in Ground No 6 for the A.Y. 2007-08 and held as under: - “58. Considered the rival submissions and material placed on record. It is observed that during the year under consideration assessee has sold

SANMAN TRADE IMPEX LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL CIRCLE 4(4), MUMBAI, MUMBAI

In the result, appeals of the Revenue are dismissed dismissed whereas appeals of the assessee are partly allowed appeals of the assessee are partly allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

Section 147. As long as there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant to the issue) the sufficiency of that material cannot dictate the to the issue) the sufficiency of that material cannot dictate

SANMAN TRADE IMPEX LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-CENTRAL CIRCLE 4(4), MUMBAI, MUMBAI

In the result, appeals of the Revenue are dismissed dismissed whereas appeals of the assessee are partly allowed appeals of the assessee are partly allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

Section 147. As long as there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant to the issue) the sufficiency of that material cannot dictate the to the issue) the sufficiency of that material cannot dictate

DCIT CC 4(4), MUMBAI, MUMBAI vs. SANMAN TRADE IMPEX LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed dismissed whereas appeals of the assessee are partly allowed appeals of the assessee are partly allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

Section 147. As long as there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant to the issue) the sufficiency of that material cannot dictate the to the issue) the sufficiency of that material cannot dictate

DCIT CC 4 (4), MUMBAI, MUMBAI vs. SANMAN TRADE IMPEX LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed dismissed whereas appeals of the assessee are partly allowed appeals of the assessee are partly allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

Section 147. As long as there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant to the issue) the sufficiency of that material cannot dictate the to the issue) the sufficiency of that material cannot dictate

DCIT CC 4 (4), MUMBAI, MUMBAI vs. SANMAN TRADE IMPEX LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed dismissed whereas appeals of the assessee are partly allowed appeals of the assessee are partly allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

Section 147. As long as there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant there is objective tangible material in the form of documents, relevant to the issue) the sufficiency of that material cannot dictate the to the issue) the sufficiency of that material cannot dictate