VIDHI ENTERPRISES,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI

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

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

section 147 are bad in law. 1.2 The appellant craves leave to add amend alter or modify the The appellant craves leave to add amend alter or modify the The appellant craves leave to add amend alter or modify the ground or grounds of appeal before the hearing. ground or grounds of appeal before the hearing. GROUND 2: UPHOLDING

DEVANAND AMARNATH PARKAR,JOGESHWARI EAST, MUMBAI vs. INCOME TAX OFFICER 41(4)(1), KAUTILYA BHAWAN, BKC, BANDRA EAST

In the result, appeal by the assessee is allowed

41(4)(1),\nMumbai\nVs.\n(Appellant)\n(Respondent)\nPresent for:\nAssessee\nRevenue\nDate of Hearing\nDate of Pronouncement\nORDER\nShri Sumit Mantri, CA\nShri Bhagirath Ramawat, Sr. DR\n15.12.2025\n30.01.2026\nPER GIRISH AGRAWAL, ACCOUNTANT MEMBER:\nThis appeal filed by the assessee is against the order of ld. CIT(A),\nNational Faceless Appeal Centre (NFAC), Delhi, vide order no.\nITBA/NFAC/S/250/2025-26/1080924932

BHUSHAN VASANT PARELKAR,MUMBAI vs. WARD 41(2)(1), MUMBAI, MUMBAI

In the result, appeal of the assessee is allowed

Bench: Smt Beena Pillai & Shri Girish Agrawalassessment Year: 2013-14 Bhushan Vasant Parelkar Income Tax Officer, A-204 Saikripa, Navghar Ward 41(2)(1), Road, Mulund East S.O, Vs Mumbai Mumbai - 400081 (Pan: Akdpp6556D) Appellant Respondent Present For: Appellant By : Shri Dharan Gandhi, Advocate Respondent By : Shri Bhagirath Ramawat, Sr. Dr Date Of Hearing : 21.01.2026 Date Of Pronouncement : 30.01.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2025-26/1079866363(1), Dated 22.08.2025, Passed Against The Assessment Order By Ito, Ward-41(2)(1),, U/S. 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 31.05.2023 For Assessment Year 2013-14. 2. Grounds Taken By The Assessee Are Reproduced As Under: “The Ld. Cit(A) Erred In Confirming The Action Of Ld. Ao Of Reopening The Assessment U/S 147 Although The Reopening Is Time Barred & Hence Bad In Law. Bhushan Vasant Parelkar Ay 2013-14

1),, u/s. 147 of the Income-tax Act (hereinafter referred to as the “Act”), dated 31.05.2023 for Assessment Year 2013-14. 2. Grounds taken by the assessee are reproduced as under: “The Ld. CIT(A) erred in confirming the action of Ld. AO of reopening the assessment u/s 147 although the reopening is time barred and hence

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 initiating of search shall abate and merge into the assessment proceedings initiation u/s 153A of the Act, and in respect of non-abated assessment year, the assessment can be made only on the basis of incriminating material found in the course of search. Admittedly in the present case no incriminating material was found during

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 initiating of search shall abate and merge into the assessment proceedings initiation u/s 153A of the Act, and in respect of non-abated assessment year, the assessment can be made only on the basis of incriminating material found in the course of search. Admittedly in the present case no incriminating material was found during

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 initiating of search shall abate and merge into the assessment proceedings initiation u/s 153A of the Act, and in respect of non-abated assessment year, the assessment can be made only on the basis of incriminating material found in the course of search. Admittedly in the present case no incriminating material was found during

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 initiating of search shall abate and merge into the assessment proceedings initiation u/s 153A of the Act, and in respect of non-abated assessment year, the assessment can be made only on the basis of incriminating material found in the course of search. Admittedly in the present case no incriminating material was found during

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 initiating of search shall abate and merge into the assessment proceedings initiation u/s 153A of the Act, and in respect of non-abated assessment year, the assessment can be made only on the basis of incriminating material found in the course of search. Admittedly in the present case no incriminating material was found during

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 initiating of search shall abate and merge into the assessment proceedings initiation u/s 153A of the Act, and in respect of non-abated assessment year, the assessment can be made only on the basis of incriminating material found in the course of search. Admittedly in the present case no incriminating material was found during

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 initiating of search shall abate and merge into the assessment proceedings initiation u/s 153A of the Act, and in respect of non-abated assessment year, the assessment can be made only on the basis of incriminating material found in the course of search. Admittedly in the present case no incriminating material was found during

KETUKUMAR KRISHNAVADAN PARIKH,MUMBAI vs. ITO WARD 42(1)(3), MUMBAI

In the result the appeal filed by the assessee for assessment year 2017-18 and 2018-19 stands allowed

Bench: Smt. Beena Pillai () I.T.A. No. 4503/Mum/2025 Assessment Year: 2017-18 & I.T.A. No. 4502/Mum/2025 Assessment Year: 2018-19

1)(b) of the Act, and deserve to be dropped. 10 ITA No.4502/Mum/2025; A.Y. 2018-19 Ketukumar Krishnavadan Parikh 6.2 As a consequence the reassessment order passed on 02/03/2023 becomes void ab initio and the addition made therein does not hold any legs to stand in the eyes of law. Accordingly, Ground No.2 raised by the assessee stands allowed

KETUKUMAR KRISHNAVADAN PARIKH ,MUMBAI vs. ITO WARD 42(1)(3), MUMBAI

In the result the appeal filed by the assessee for assessment year 2017-18 and 2018-19 stands allowed

Bench: Smt. Beena Pillai () I.T.A. No. 4503/Mum/2025 Assessment Year: 2017-18 & I.T.A. No. 4502/Mum/2025 Assessment Year: 2018-19

1)(b) of the Act, and deserve to be dropped. 10 ITA No.4502/Mum/2025; A.Y. 2018-19 Ketukumar Krishnavadan Parikh 6.2 As a consequence the reassessment order passed on 02/03/2023 becomes void ab initio and the addition made therein does not hold any legs to stand in the eyes of law. Accordingly, Ground No.2 raised by the assessee stands allowed

MR NILESH BHARANI,MUMBAI vs. DCIT CC 4(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 612/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2011-12)

section 127(1) of the Act. The Ld. A.R. also admitted though there is no necessity at all to give an opportunity of hearing for the same to the assessee yet for the sake of even appreciation, the PCIT may also not pass a reasoned order, yet passing an assessment jurisdiction transfer order u/s 127(1

SHRI SHIV SHANKAR SHARMA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

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

reassessment, no further enquiry or addition is permissible. 20. In light of the above discussion, we are of the considered opinion that the very assumption of jurisdiction under section 153A of the Act for the assessment years 2012–13 to 2014–15 is invalid in law. Consequently, any additions made under section 68 or disallowances under section 37(1

DCIT CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIVSHANKAR RAMSWAROOP SHARMA, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

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

reassessment, no further enquiry or addition is permissible. 20. In light of the above discussion, we are of the considered opinion that the very assumption of jurisdiction under section 153A of the Act for the assessment years 2012–13 to 2014–15 is invalid in law. Consequently, any additions made under section 68 or disallowances under section 37(1

SHIV SHANKAR SHARMA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

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

reassessment, no further enquiry or addition is permissible. 20. In light of the above discussion, we are of the considered opinion that the very assumption of jurisdiction under section 153A of the Act for the assessment years 2012–13 to 2014–15 is invalid in law. Consequently, any additions made under section 68 or disallowances under section 37(1

DCIT, CENTRAL CIRCLE - 8 (1), MUMBAI, MUMBAI vs. SHIV SHANKAR SHARMA, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

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

reassessment, no further enquiry or addition is permissible. 20. In light of the above discussion, we are of the considered opinion that the very assumption of jurisdiction under section 153A of the Act for the assessment years 2012–13 to 2014–15 is invalid in law. Consequently, any additions made under section 68 or disallowances under section 37(1

SHIV SHANKAR SHARMA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

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

reassessment, no further enquiry or addition is permissible. 20. In light of the above discussion, we are of the considered opinion that the very assumption of jurisdiction under section 153A of the Act for the assessment years 2012–13 to 2014–15 is invalid in law. Consequently, any additions made under section 68 or disallowances under section 37(1