VALIANT GLASS WORKS P.LTD,MUMBAI vs. ASST CIT CEN CIR 38, MUMBAI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Sri G. S. Pannu & Sri Sanjay Gargvaliant Glass Works Pvt. Vs. The Asst. Commissioner Of Ltd., C/O. Shankarlal Jain & Income Tax, Associates, 12, Engineer Central Circle-38, Mumbai Building, 265, Princess Street, Mumbai 400 002 Pan:Aaacv 1224 E Appellant .. Respondent

154. The bench minutely analysed law in this regard and applying the principle of 'coram non judice' and following aforesaid judgments of the supreme court, it was held that if an assessee seeks to challenge the reassessment proceedings as being without jurisdiction, when action for rectification is sought to be taken on 18 the assumption of the validity

RAJEEV BRIJBHUSHAN BHATNAGAR,MUMBAI vs. INCOME TAX OFFICER-28(2)(1), MUMBAI, VASHI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Rajeev Brijbhushan Bhatnagar, Ito-28(2)(1), C/O Ca Himanshu Gandhi Tower No. 6, Vashi Railway Station Vs. Chartered Accountants 16Th Floor, Commercial Complex, Vashi, D Wing, Trade World Tower, Navi Mumbai-400703. Kamala Mills Compound, Lower Parel, Mumbai-400013. Pan No. Acfpb 2967 G Appellant Respondent

reassessment order passed u/s 147 r.w.s. 144 dated 20.12.2017, the assessee order passed u/s 147 r.w.s. 144 dated 20.12.2017 order passed u/s 147 r.w.s. 144 dated 20.12.2017 preferred appeal before the Ld. CIT(A). The assessee also preferred preferred appeal before the Ld. CIT(A). The assessee al preferred appeal before the Ld. CIT(A). The assessee

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

147 of the Act is quashed as void ab initio void ab initio. The ground No. 1 and 2 of the appeal nd 2 of the appeal of the assessee are accordingly allowed. the assessee are accordingly allowed. 7. In ground No. 3, the assessee is seeking deduction u/s 80P of In ground No. 3, the assessee is seeking

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

147 of the Act is quashed as void ab initio void ab initio. The ground No. 1 and 2 of the appeal nd 2 of the appeal of the assessee are accordingly allowed. the assessee are accordingly allowed. 7. In ground No. 3, the assessee is seeking deduction u/s 80P of In ground No. 3, the assessee is seeking

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

147 of the Act is quashed as void ab initio void ab initio. The ground No. 1 and 2 of the appeal nd 2 of the appeal of the assessee are accordingly allowed. the assessee are accordingly allowed. 7. In ground No. 3, the assessee is seeking deduction u/s 80P of In ground No. 3, the assessee is seeking

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

147 of the Act is quashed as void ab initio void ab initio. The ground No. 1 and 2 of the appeal nd 2 of the appeal of the assessee are accordingly allowed. the assessee are accordingly allowed. 7. In ground No. 3, the assessee is seeking deduction u/s 80P of In ground No. 3, the assessee is seeking

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

147 of the Act is quashed as void ab initio void ab initio. The ground No. 1 and 2 of the appeal nd 2 of the appeal of the assessee are accordingly allowed. the assessee are accordingly allowed. 7. In ground No. 3, the assessee is seeking deduction u/s 80P of In ground No. 3, the assessee is seeking

ITO-26(2)(1) , MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD, MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

147 of the Act is quashed as void ab initio void ab initio. The ground No. 1 and 2 of the appeal nd 2 of the appeal of the assessee are accordingly allowed. the assessee are accordingly allowed. 7. In ground No. 3, the assessee is seeking deduction u/s 80P of In ground No. 3, the assessee is seeking

ITO-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD, MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

147 of the Act is quashed as void ab initio void ab initio. The ground No. 1 and 2 of the appeal nd 2 of the appeal of the assessee are accordingly allowed. the assessee are accordingly allowed. 7. In ground No. 3, the assessee is seeking deduction u/s 80P of In ground No. 3, the assessee is seeking

UNION BANK OF INDIA,MUMBAI vs. DCIT, LTU(2), MUMBAI

In the result, both appeals allowed for statistical purpose

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm)

reassessed u/s 143(3) rws 147 of the Act. As there were mistakes apparent from record, the AO issued notice u/s 154/155 of the Act. In response, the submission made by the assessee was not acceptable to the AO and hence a rectification order u/s 154

RELIANCE INDUSTRIES LIMITED,MUMBAI vs. DCIT (LTU)-2, MUMBAI

In the result, this appeal by the assessee is partly allowed

Bench: Hon’Ble Justice P.P.Bhatt & Shri Shamim Yahya

147 professional fees paid and recomputation of deduction u/s 10B to exclude other income 3 154 23-04-2013 To withdraw consequential deduction allowed u/s 10B in view of relief by. CIT(A) depreciation and sales lax incentive claim , 4 154 06-03-2017 To withdraw allowance of mark to market loss on account of derivatives pursuant

ASST. CIT-1(3)(1), MUMBAI vs. M/S. TILAKNAGAR INDUSTRIES LTD., MUMBAI

Bench: Shri Baskaran B.R & Shri Vikas Awasthyआअसं. 1355/मुं/2021 ("न.व. 2009-10) Acit-1(3)(1), Room No.540, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Tilaknagar Industries Limited. 3Rd Floor, Indl.Assurance Bldg. Jd Tata Marg, Churchgate, Mumbai 400 020 Pan:Aaact-6047-R ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajesh Damor ""तवाद" "वारा/Respondent By : Dr. K.Shivram, Sr. Advocate With Ms. Neelam Jadhav सुनवाई क" "त"थ/ Date Of Hearing : 04/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 29/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-47, Mumbai [In Short ‘The Cit(A)] Dated 04/01/2021 For The Assessment Year 2009-10. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Manufacturing & Selling Of Indian Made Foreign Liquor. The 2 Assessee Filed Its Return Of Income For A.Y 2009-10 Declaring Total Income Of Rs.29,19,12,503/- On 30/09/2009. The Assessment Order U/S. 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’) Was Passed On 07/12/2011. Thereafter, The Assessing Officer Issued Notice U/S. 154 Of The Act Dated 18/03/2013 To Rectify The Alleged Mistake In Assessment Order On Two Counts:

reassessment proceedings for the impugned assessment year and issued notice u/s. 148 of the Act on 17/02/2014. The Assessing Officer passed order u/s. 143(3) r.w.s. 147 of the Act on 20/03/2015. Thereafter, the Assessing Officer issued fresh notice u/s. 154 of the Act to revive the rectification

AHMEDNAGAR INVESTMENTS PVT. LTD.,MUMBAI vs. DCIT, CC- 5(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanvk-Vk-La- 7125@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ Vk-Vk-La- 7126@Eaqcbz@2018 ¼Fu-Oa- 2014&15½ M/S Ahmednagar Investments Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aadca9872E Cuke Vs. Deputy Commissioner Of Income Tax, Circle– 5(3) Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

rectification of mistake u/s 154 of the Act is limited. It is only the “mistake that is apparent from record” that can be rectified. In proceedings u/s 154 of the Act, the AO cannot make addition in respect of any new source of income. The Act has provided different canons viz reassessment u/s 147

AHMEDNAGAR INVESTMENTS PVT. LTD.,MUMBAI vs. DCIT, CC- 5(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanvk-Vk-La- 7125@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ Vk-Vk-La- 7126@Eaqcbz@2018 ¼Fu-Oa- 2014&15½ M/S Ahmednagar Investments Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aadca9872E Cuke Vs. Deputy Commissioner Of Income Tax, Circle– 5(3) Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

rectification of mistake u/s 154 of the Act is limited. It is only the “mistake that is apparent from record” that can be rectified. In proceedings u/s 154 of the Act, the AO cannot make addition in respect of any new source of income. The Act has provided different canons viz reassessment u/s 147

VERTEX SPINNING LTD,MUMBAI vs. DCIT 5(3), MUMBAI

In the result ground no. 1 and 2

Bench: Shri Amit Shukla & Shri Gagan Goyalm/S. Vertex Spinning Limited 1011, 10Th Floor, Embassy Centre, 207, Nariman Point, Mumbai-400 021 Pan:Aabcv5617N ...... Appellant Vs. Dcit, Circle-5(3) 573, Aayakar Bhavan, M. K. Road Mumbai-400 020 ..... Respondent

rectification under section 154 fails on the merits.” 7. As observed matter was duly covered by section 154 of the Act and AO thrice got the opportunity to proceed under the same. But, instead of that he had chosen for proceedings u/s. 148, which is not either warranted or permissible as per law. It is the settled principle

M/S CRESCENT ORGANICS PVT. LTD.,MUMBAI vs. DCIT 14 (1)(2), MUMBAI

Bench: Shri M. Balaganesh & Shri Ravish Soodita Nos.1252 & 1253/Mum/2019 (Assessment Years: 2011-12 & 2012-13) M/S Crescent Organics Pvt. Ltd. Dy. Commissioner Of Income Tax Windsor,2Nd Floor, Cst Road, 14(1)(2), Aayakar Bhavan, Vs. Kalina,Santacruz (East), Mumbai – 400 020 Mumbai – 400 098 Pan – Aaacc1690D (Appellant) (Respondent) Appellant By: Shri Piyush Chhajed, A.R Respondent By: Ms. Shreekala Pardeshi, D.R Date Of Hearing: 10.12.2020 Date Of Pronouncement: 14.12.2020

rectification order passed u/s 154 of the Act, dated 25.09.2017 the assessed income of the assessee was scaled down to an amount of Rs. 16,64,58,212/-. Observing, that the Ministry of Finance vide its notification No. 279/2016/F.No.203/135/2007/ITA.II, dated 06.09.2016 had withdrawn the approval that was earlier granted u/s

DCIT CIR 3(1), MUMBAI vs. ICICI BANK LTD, MUMBAI

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.5191/Mum/2009 (िनधा"रण वष" / Assessment Year: 2004-05) Dcit-Circle 3(1) Icici Bank Limited बनाम Room No.607, 6Th Floor नाम/ नाम नाम Icici Bank Towers Aaykar Bhavan Bandra-Kurla Complex Vs. Mumbai-400 020. Mumbai-400 051. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaci-1195-H (अपीलाथ" / Appellant) (ू"यथ" / Respondent) : & C.O. No.127/Mum/2010 [Arising Out Of I.T.A. No.5191/Mum/2009] (िनधा"रण वष" / Assessment Year: 2004-05) Icici Bank Limited Dcit-Circle 3(1) बनाम नाम नाम/ नाम Room No.607, 6Th Floor Icici Bank Towers Bandra-Kurla Complex Aaykar Bhavan Vs. Mumbai-400 051. Mumbai-400 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaci 1195 H (""ा"ेप ""ा"ेप ""ा"ेप /Cross Objector) ""ा"ेप (ू"यथ" / Respondent) :

154 and therefore, proceedings u/s 147 could not be resorted to by the revenue where the rectification was sufficient to correct the error. Upon perusal, we are not convinced with the said logic firstly because there was no bar under law to resort to reassessment

THE TATA POWER CO. LTD,MUMBAI vs. ITO RG 2(1)(1), MUMBAI

In the result, the appeal filed by the assessee company in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3078/Mum/2009 ("नधा"रण वष" / Assessment Year : 2002-03) The Tata Power Co. Ltd, The Asst. Commissioner Of बनाम/ Corporate Center, Block ‘B, Income Tax- Circle V. 5 Th Floor, 2(3),Aayakar Bhavan, 34, Sant Tukaram Road, Maharshi Karve Road, Carnac Bunder, Mumbai – 400 020. Mumbai – 400 009. "थायी लेखा सं./Pan : Aaact0054A (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

reassess such income. The A.O. clearly had reasons to believe that income has escaped assessment and the same can be reopened under the provisions of Section 147 of the Act. The ld. CIT(A) held that in the instant case since the assessment has been reopened within four years from the end of the assessment year, the proviso to section