MANOHAR MANAK ALLOYS P.LTD,MUMBAI vs. ACIT 4(2), MUMBAI

Appeal is allowed

reassessment was passed by which the claim under section 16 Assessment Years: 2017-18 72A came to be disallowed. The submission

M/S. RAVI FOUNDATION ,MUMBAI vs. PR. CIT-17, MUMBAI

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

reassessment was passed by which the claim under Section 72A came to be disallowed. The submission that has been urged

THE TATA POWER COMPANY LTD,MUMBAI vs. PR CIT 2, MUMBAI

In the result, appeal is allowed, as indicated above

Bench: Shri Saktijit Dey () & Shri Rajesh Kumar ()

reassessment was passed by which the claim under Section 72A came to be disallowed. The submission that has been urged

ROYAL WESTERN INDIA TURF CLUB,MUMBAI vs. PR. CIT -8, MUMBAI

In the result, appeal is allowed, as indicated above

Bench: Shri Saktijit Dey () & Shri Rajesh Kumar ()

reassessment was passed by which the claim under Section 72A came to be disallowed. The submission that has been urged

JSW STEEL LIMITED,MUMBAI vs. ADDLCIT, BANGALORE

858/M/2011

Bench: Shri Om Prakash Kant () & Shri Amarjit Singh () Assessment Year: 2007-08 Jsw Steel Limited, The Addl. Cit, Range 11, Jindal Mansion, 5A, Vs. Bangalore. Dr. G. Deshmukh Marg, Mumbai-400026. Pan No. Aaacj 4323 N Appellant Respondent Assessment Year: 2007-08 Dc. Cc.46, M/S Jsw Steel Ltd., R.No. 659, 6Th Floor, Aayakar Vs. Jindal Mansion, 5-A, Dr. G Bhavan, M.K. Road, Deshmukh Marg, Mumbai-20. Mumbai-400026. Pan No. Aaacj 4323 N Appellant Respondent Assessment Year: 2007-08 M/S Jsw Steel Ltd., Dcit, Central Circle 46, Jsw Centre, Bandra Kurla Vs. 6Th Flr., Aayakar Bhavan, M.K. Complex, Road, Mumbai-400051. Mumbai-400020. Pan No. Aaacj 4323 N Appellant Respondent

reassessment issued and served at the office of the assessee at Chagallu once again within the jurisdiction of the assessing authority. As a matter of fact, the Division Bench pointed out that the petitioner, the assessee in that case, had not taken any steps for transferring its file to Madras where its administrative office was situate and as the assessing

31 INFOTECHCONSULTANCY SERVICES LTD.,NAVI MUMBAI vs. ACIT - 11(3)(1), MUMBAI

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

Bench: Shri Prashant Maharshi () & Smt. Kavitha Rajagopal () 3I Infotech Consultancy Services Vs Assistant Commissioner Of Income- Limited, Tower No.5, 3Rd To 6Th Tax-11(3)(1), 4Th Floor, Aayakar Floors, International Infortech Park Bhavan, Mumbai Vashi, Navi Mumbai – 400 703 Pan : Aaacz3181E Appellant Respondent

reassessment order passed u/s. 143(3) r.w.s 147 of the Act, inspite of the fact that said assessment was reopened by issuing notice u/s. 148 of the Act on a non-existent company i.e, Delta Services (India) Pvt. Ltd. (amalgamated with 3i Infotech Consultancy Services Ltd.) without assigning any reasons for doing so which is wrong and contrary

AMBUJA CEMENT INDIA P.LTD,MUMBAI vs. ASST CIT CIR 3(1), MUMBAI

In the result appeal of the assessee is allowed as indicated above

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.2600/Mum/2014 (नििाारण वर्ा / Assessment Year : 2005-06)

Section 147 which provides that the production before the AO of account books or other evidence from which material evidence could with due diligence have been discovered by the AO will not necessarily amount to disclosure. In the context, the AO also placed reliance onto the decisions in cases of Jawand Sons [(2010) 326 ITR 39 (P & H)], Consolidated Photo

SEQUENT SCIENTIFIC LTD,THANE vs. ASST CIT RG 3(3), MUMBAI

The appeal of the assessee is allowed

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No.4902/Mum/2013 (निर्धारण वर्ा / Assessment Year: 2009-10) Sequent Scientific Limited Asstt. Commissioner Of Income- बिधम/ 116, Vardhaman Industrial Tax Range-3(3), Aayakar Bhawan, Estate, Lbs Marg, Gokul Vs. Mumbai. Nagar, Thane 400 601. स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aaacv1501G (अपीलाथी/Appellant) (प्रत्यथी /Respondent) :

section 72A. Your appellant reserves the right to add to, alter or amend the above ground if necessary.” The revenue on the other hand had challenged the order of the CIT(A) by raising before us the following effective grounds of appeal: “1. Whether on the facts and in the circumstances of the case

ULTRA TECH CEMENT LIMITED,MUMBAI vs. ACIT- CC 1(4), MUMBAI

In the result, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon’Bledeputy Commissioner Of Income Tax V. M/S. Ultratech Cement Ltd., Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan, Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Jt. Commissioner Of Income Tax (Osd) V. M/S. Ultratech Cement Ltd. Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan Andheri (E), Mumbai- 400093 Old C.G.O. Bldg, (Annexe) M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) & M/S. Ultratech Cement Limited V. Dcit, Central Circle- 1(4) [Acit, Cc] Room. No 902, 9Th Floor Ahura Centre, B-Wing, 2Nd Floor Pratishtha Bhavan Mahakali Caves Road Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 Maharishi Karve Road Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

reassessment proceedings. Elaborate arguments were advanced by both sides on these which are considered below: 48. Ground No. 3 of the assessee’s appeal relate to claim of deduction u/s 35DD of the Act. In this case, SCL which merged into the assessee Page No. 40 ITA NO. 1789 & 1466/MUM/2021 (A.Y: 2013-14) ITA NO. 222 & 220/MUM/2022

DCIT CIR 1(4) , MUMBAI vs. M/S. ULTRATECH CEMENT LTD, MUMBAI

In the result, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon’Bledeputy Commissioner Of Income Tax V. M/S. Ultratech Cement Ltd., Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan, Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Jt. Commissioner Of Income Tax (Osd) V. M/S. Ultratech Cement Ltd. Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan Andheri (E), Mumbai- 400093 Old C.G.O. Bldg, (Annexe) M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) & M/S. Ultratech Cement Limited V. Dcit, Central Circle- 1(4) [Acit, Cc] Room. No 902, 9Th Floor Ahura Centre, B-Wing, 2Nd Floor Pratishtha Bhavan Mahakali Caves Road Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 Maharishi Karve Road Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

reassessment proceedings. Elaborate arguments were advanced by both sides on these which are considered below: 48. Ground No. 3 of the assessee’s appeal relate to claim of deduction u/s 35DD of the Act. In this case, SCL which merged into the assessee Page No. 40 ITA NO. 1789 & 1466/MUM/2021 (A.Y: 2013-14) ITA NO. 222 & 220/MUM/2022

JT. CIT (ODS) - CC -1(4), MUMBAI vs. ULTRATECH CEMENT LTD., MUMBAI

In the result, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon’Bledeputy Commissioner Of Income Tax V. M/S. Ultratech Cement Ltd., Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan, Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Jt. Commissioner Of Income Tax (Osd) V. M/S. Ultratech Cement Ltd. Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan Andheri (E), Mumbai- 400093 Old C.G.O. Bldg, (Annexe) M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) & M/S. Ultratech Cement Limited V. Dcit, Central Circle- 1(4) [Acit, Cc] Room. No 902, 9Th Floor Ahura Centre, B-Wing, 2Nd Floor Pratishtha Bhavan Mahakali Caves Road Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 Maharishi Karve Road Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

reassessment proceedings. Elaborate arguments were advanced by both sides on these which are considered below: 48. Ground No. 3 of the assessee’s appeal relate to claim of deduction u/s 35DD of the Act. In this case, SCL which merged into the assessee Page No. 40 ITA NO. 1789 & 1466/MUM/2021 (A.Y: 2013-14) ITA NO. 222 & 220/MUM/2022

M/S. ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CENT CIR-1(4) , MUMBAI

In the result, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon’Bledeputy Commissioner Of Income Tax V. M/S. Ultratech Cement Ltd., Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan, Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Jt. Commissioner Of Income Tax (Osd) V. M/S. Ultratech Cement Ltd. Central Circle- 1(4) Ahura Centre, B- Wing Room No. 902, 9Th Floor 2Nd Floor, Mahakali Caves Road Pratishtha Bhavan Andheri (E), Mumbai- 400093 Old C.G.O. Bldg, (Annexe) M.K. Road, Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) & M/S. Ultratech Cement Limited V. Dcit, Central Circle- 1(4) [Acit, Cc] Room. No 902, 9Th Floor Ahura Centre, B-Wing, 2Nd Floor Pratishtha Bhavan Mahakali Caves Road Old C.G.O. Bldg, (Annexe) Andheri (E), Mumbai- 400093 Maharishi Karve Road Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

reassessment proceedings. Elaborate arguments were advanced by both sides on these which are considered below: 48. Ground No. 3 of the assessee’s appeal relate to claim of deduction u/s 35DD of the Act. In this case, SCL which merged into the assessee Page No. 40 ITA NO. 1789 & 1466/MUM/2021 (A.Y: 2013-14) ITA NO. 222 & 220/MUM/2022

DCIT 6(2)(1), MUMBAI vs. CHARAK PHARMA P.LTD, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Bledy. Commissioner Of Income Tax V. M/S. Charak Pharma Pvt. Ltd., Circle – 6(2)(1) 21, Evergreen Industrial Estate R.No. 563, Aayakar Bhavan Shakti Mill Lane, Opp. Dr. E. Moses Road Mahalaxmi, Mumbai – 400 011 M.K. Road, Mumbai – 400 020 Pan: Aabcc4014A (Appellant) (Respondent) Assessee By : Shri Ronak G. Doshi & Ms. Niyanta Mehta Department By : Ms. Kavita P.Kaushik

72A of the Act. 3 M/s. Charak Pharma Pvt. Ltd., 4. The re-assessment was completed by the Assessing Officer u/s.143(3) r.w.s. 147 of the Act on 31.03.2015 making addition of ₹.31,200/- towards bogus purchases and further denying the adjustment of carry forward and setoff of accumulated loss and unabsorbed depreciation relating to amalgamating company. The assessee challenged