BALAJI BUILLION & COMMODITIES (INDIA) PVT. LTD.,MUMBAI vs. DCIT - CC- 7(1), MUMBAI

In the result, the appeal of the assessee is dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Years: 2009-10 M/S Balaji Bullion & Dcit Central Circle-7(1), Commodities (India) Pvt. Ltd., Mumbai. 118/120, 3Rd Floor, Ashoka Vs. House Zaveri Baazar, Mumbai-400 002. Pan No. Aadcb 0236 F Appellant Respondent : Mr. N.M. Porwal Assessee By Revenue By : Mr. S. Srinivasu, Cit-Dr : 27/03/2024 Date Of Hearing Date Of Pronouncement : 03/04/2024

u/s 68 of the Act and therefore, now the reopening of the assessment for enquiring the very same credit from reopening of the assessment for enquiring the very same credit from reopening of the assessment for enquiring the very same credit from M/s Bafna Exim Pvt. Ltd. amounts to change of opinion, the Ld. M/s Bafna Exim Pvt. Ltd. amounts

ACIT, CIR-1(2)(1), MUMBAI vs. M/S. CHERYL ADVISORY PVT LTD., MUMBAI

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry () Assessment Year: 2013-14

assessment. 6.4.4 In view of above discussion, 6.4.4 In view of above discussion, we set aside the finding of the Ld. we set aside the finding of the Ld. CIT(A) on the issue in dispute and CIT(A) on the issue in dispute and uphold the validity of uphold the validity of reassessment u/s 147 of the Act. reassessment

DR BATRAS POSITIVE HEALTH CLINIC PRIVATE LIMITED,MUMBAI vs. CIT(A), NFAC, NATIONAL FACELESS APPEAL CENTRE

In the result, all the appeals of the assessee

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Ita Nos. 2748, 2747 & 2761/Mum/2023 Assessment Year: 2011-12, 2012-13 & 2013-14 Dr Batras Positive Health Clinic Cit(A), National Faceless Pvt. Ltd., Appeal Centre, Delhi. 2Nd Floor, H Kantilal Compound, Vs. Andheri Kurla Road, Sakinaka Andheri East-400072 Pan No. Aabcd 3857 G Appellant Respondent

147. If the Assessing Officer has reason to believe that any income If the Assessing Officer has reason to believe that any income If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he chargeable to tax has escaped assessment for any assessment year, he chargeable

DR BATRAS POSITIVE HEALTH CLINIC PRIVATE LIMITED,MUMBAI vs. CIT(A), NATIONAL FACELESS APPEAL CENTRE

In the result, all the appeals of the assessee

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Ita Nos. 2748, 2747 & 2761/Mum/2023 Assessment Year: 2011-12, 2012-13 & 2013-14 Dr Batras Positive Health Clinic Cit(A), National Faceless Pvt. Ltd., Appeal Centre, Delhi. 2Nd Floor, H Kantilal Compound, Vs. Andheri Kurla Road, Sakinaka Andheri East-400072 Pan No. Aabcd 3857 G Appellant Respondent

147. If the Assessing Officer has reason to believe that any income If the Assessing Officer has reason to believe that any income If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he chargeable to tax has escaped assessment for any assessment year, he chargeable

ITO 8(1)(4), MUMBAI vs. SENTIA DEVELOPERS LTD, MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10

u/s 147 of the Act is held bad in law. This ground of held bad in law. This ground of appeal is allowed.” 7. We find that in the reasons recorded informa We find that in the reasons recorded informa We find that in the reasons recorded information has been stated to have been received from two sources. Firstly, from

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

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

reopened under Section 147. The Supreme Court, after considering the original order of assessment dated 19 March 1983 and the order of reassessment dated 16 July 1987 passed under Section 147 held that the subsequent order made a fresh assessment of the entire income of the assessee. Once, in the exercise of the power under Section 147, the Assessing Officer

SAMBHAVANATH INFRABUILD FARMS (SUCCESSOR TO LODHA CONSTRUCTION P. LTD P. LTD.,MUMBAI vs. ASSTT. CIT, CENTRAL CIRCLE-7(3), MUMBAI

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blesambhavnath Infrabuild & Farms Pvt. Ltd., V. Asst. Cit– Central Circle – 7(3) {Successor To Lodha Construction Pvt. Ltd.,} Room No. 655, 6Th Floor 412, 4Th Floor, 17G Vardhaman Chamber Aayakar Bhavan, M.K. Road Cawasji Patel Road, Horniman Circle Mumbai - 400020 Fort, Mumbai - 400001 Pan: Aalcs1394M (Appellant) (Respondent) Assessee By : Shri Anuj Kisnadwala Department By Shri B.K. Bagchi

u/s 148 reopen the assessment of those six assessment year which falls within the exclusive jurisdiction of section 153A. Though, both provisions of the Act empowers the Assessing Officer to assess or reassess the income escaped from assessment, both sections are dealing with different situations. Section 147

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 ()

u/s 143(3) r.w.s. 144C(13) 11-12-2017 Assessment order passed under section 143(3) r.w.s. 147 of the Act 8. On a careful reading of the impugned order of learned PCIT passed under section 263 of the Act, it becomes very much clear that he has revised the assessment order passed under section 143(3) r.w.s. 147

SHRI MOHAN THAKUR,MUMBAI vs. A.C.I.T. CENT. CIR. 8(4), MUMBAI

In the result, the appeal of the assessee is hereby ordered to be allowed

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.7413 /Mum/2017 (ननधधारण वर्ा / Assessment Years: 2008-09) बनधम/ Shri Mohan Thakur Acit, Central Circle-8(4) 6Th Floor Aayakar Bhavan, 4, Flora Vila, 35, St. Vs. M.K. Road, Mumbai- Andrews Road, Bandra 400020. (W), Mumbai-400050. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. :Aaapt2966N (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Durga Dutt/ Akhtar H. Ansari (Dr) Assessee By: Dr. K. Shivaram सुनवाई की तारीख / Date Of Hearing: 15/11.2019 घोषणा की तारीख /Date Of Pronouncement: 09/01/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 30.10.2017 Passed By The Commissioner Of Income Tax (Appeals)-50, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2008- 09. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “The Learned Cit(A) Erred In Upholding The Validity Of Notice U/S 148 Where The Proceedings U/S 153C Had Already Been Initiated Which Were Dropped & Immediately The Reassessment Proceedings Had Been Initiated Without Any Fresh Material On Record & Hence Reopening Is Void- Ab - Initio Merit : Addition Of Rs.237.00.000/- Based On Entries In Diary Of Third Person: 2. No Addition Can Be Made Based On Entries Found In The Books In Third Party'S Premises Since No Search U/S 132 Had Taken Place On The Assessee & Hence S.132(4A) Would Not Be Applicable To The Present Facts Of The Case. In View Of The Same The Entire Addition May Be Deleted.

147 but, the Assessing Officer can issue notice u/s 153C r.w.s. 153A and proceed to assess or reassess the total income of each of assessment year falling within six assessment years as referred to in section 153A. 8. Now, the question before us is (i) whether the Assessing Officer is right in reopening

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) :

reopen the assessment, in such case, as contained in Section 147 (as it stood at the relevant point of time i.e. on the date of issue of notice u/s 148) would be as follows: - Income escaping assessment. 147. If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year

TIME MEDIA & ENTERTAINMENT LLP (EARLIER TIME MEDIA & ENTERTAINMENT PRIVATE LIMITED),MUMBAI vs. INCOME TAX OFFICER 16(1)(5), MUMBAI

In the result, the appeal of the assessee in ITA no

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6534/Mum/2017 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Time Media & Income Tax Officer- Entertainment Llp (Earlier 16(1)(5) Time Media & R.No. 439, 4 Th Floor, V. Entertainment Private Aayakar Bhavan, Ltd.) M.K Marg, 104, Rachna, V.P Road, Mumbai-400020 Vile Parle (W), Mumbai-400056 स्थायी ऱेखा सं./ Pan: Aaact1581C (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Reepal G. Tralshawala Revenue By: Shri. D.G. Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 28.03.2019 घोषणा की तारीख /Date Of Pronouncement : 18.06.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 6534/Mum/2017, Is Directed Against Appellate Order Dated 31.07.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-4, Mumbai (Hereinafter Called “The Cit(A)”) In Appeal No. Cit(A)-4/It-89/Ito-16(1)(5)/2016-17, For Assessment Year 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 30.03.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2010-11. I.T.A. No.6534/Mum/2017

reopening of the concluded assessment was done by Revenue u/s. 147 of the Act for framing reassessment within four years

UNI DESIGN JEWELLERY INDIA PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 1(2), MUMBAI

In the result , appeal of the assessee in ITA no

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1158 & 1159/Mum/2018 (नििाारण वर्ा / Assessment Year: 2011-12 & 2012-13) बिाम/ Uni Design Jewellery India Dcit-Central Circle 1(2) Private Ltd., Mumbai. Plot No. 3, V. Uni Design House, Cepz Wicel, Opp. Seepz Main Gate, Andheri(E), Mumbai-400093 स्थायी ऱेखा सं./ Pan: Aaacu3940J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Rakesh Mohan Revenue By: Shri. Rejeev Gubgodra (Dr) सुनवाई की तारीख /Date Of Hearing : 03.04.2019 घोषणा की तारीख /Date Of Pronouncement : 30.05.2019 आदेश / O R D E R Per Ramit Kochar: These Two Appeals, Filed By Assessee, Being Ita No. 1158 & 1159/Mum/2018 For Assessment Year(S) 2011-12 & 2012- 13 Respectively, Are Directed Against Separate Appellate Order(S) Both Dated 18.12.2017 In Appeal Number(S) Cit(A)-47/Ap.11663/16-17 & Cit(A)-47/Ap.11664/16-17 Respectively, Passed By Learned Commissioner Of Income Tax (Appeals)-47, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2011-12 & 2012-13 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Separate Assessment Order(S) Both Dated 31.10.2016 Passed By

reopening of the concluded assessment u/s 147 of the I.T.A. No.1158/Mum/2018 I.T.A. No.1159/Mum/2018 1961 Act vide its letter dated 21.07.2016 which were disposed off by the AO vide letter dated 25.07.2016. 3.2 During the course of the reassessment

UNI DESIGN JEWELLERY INDIA PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 1(2), MUMBAI

In the result , appeal of the assessee in ITA no

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1158 & 1159/Mum/2018 (नििाारण वर्ा / Assessment Year: 2011-12 & 2012-13) बिाम/ Uni Design Jewellery India Dcit-Central Circle 1(2) Private Ltd., Mumbai. Plot No. 3, V. Uni Design House, Cepz Wicel, Opp. Seepz Main Gate, Andheri(E), Mumbai-400093 स्थायी ऱेखा सं./ Pan: Aaacu3940J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Rakesh Mohan Revenue By: Shri. Rejeev Gubgodra (Dr) सुनवाई की तारीख /Date Of Hearing : 03.04.2019 घोषणा की तारीख /Date Of Pronouncement : 30.05.2019 आदेश / O R D E R Per Ramit Kochar: These Two Appeals, Filed By Assessee, Being Ita No. 1158 & 1159/Mum/2018 For Assessment Year(S) 2011-12 & 2012- 13 Respectively, Are Directed Against Separate Appellate Order(S) Both Dated 18.12.2017 In Appeal Number(S) Cit(A)-47/Ap.11663/16-17 & Cit(A)-47/Ap.11664/16-17 Respectively, Passed By Learned Commissioner Of Income Tax (Appeals)-47, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2011-12 & 2012-13 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Separate Assessment Order(S) Both Dated 31.10.2016 Passed By

reopening of the concluded assessment u/s 147 of the I.T.A. No.1158/Mum/2018 I.T.A. No.1159/Mum/2018 1961 Act vide its letter dated 21.07.2016 which were disposed off by the AO vide letter dated 25.07.2016. 3.2 During the course of the reassessment

A.C.I.T.-20(3), MUMBAI vs. MRS. VARSHA P. SHAH, MUMBAI

Appeal of the revenue is allowed for statistical purposes and matter is restored back to the file of Ld

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri N. K. Pradhan, Am आयकरअपीलसं./ I.T.A. No. 2054/Mum/2016 (निर्धारणवर्ा / Assessment Year: 2011-12)

reassessment proceedings is placed on record wherein the assessee sought for statement of the lender as well cross examination of the lender from the Revenue. It was submitted that learned CIT-A has only decided legal ground wherein reopening of the concluded assessment u/s 147

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)

reopening of the concluded assessment u/s. 147 and 148 of the Act by the AO, by submitting as under:- “3] Ground No. 2(a), 2(b) & 2(c) : Initiation of reassessment

ACIT 2(2)(2), MUMBAI vs. MONARCH INNOVATIVE TECHNOLOGIES P.LTD, MUMBAI

In the result appeal of the revenue is dismissed

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4815/Mum/2016 (नििाारण वर्ा / Assessment Year: 2008-09) बिाम/ Acit,Circle 2(2)(2) M/S. Monarch Innovative R.No. 545, 5 T H Floor, Technologies Pvt. Ltd., Aayakar Bhavan, Monarch House, Master V. M.K. Road Mind-Ii, Aarey Colony, Churchgate, Mayur Nagar, Mumbai 400020 Goregoan(E), Mumbai 400063 स्थायी ऱेखा सं./ Pan : Aaccm6709P (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent)

147, the assessee filed first appeal before learned CIT(A) which stood allowed by learned CIT(A) vide appellate order dated 18-04-2016. This is the background and genesis of the denial of deduction u/s 80IC of the 1961 Act to the assessee w.r.t. Haridwar unit so far as previous year relevant to the impugned assessment year is concerned

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

reassessment proceedings u/s 147 during the fresh assessment proceedings u/s 153A of the Act carried out by the AO pursuant to the direction of the learned CIT given vide his order passed u/s 263 of the Act. Since, the very validity of reopening

ITO 3(1)(4), MUMBAI vs. EVERLON SYNTHETICS P.LTD, MUMBAI

In the result, the appeal filed by the Revenue in ITA N0

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 6965/Mum/2013 ("नधा"रण वष" / Assessment Year : 2006-07) Income Tax Officer 3(1)(4), M/S Everlon Synthetics बनाम/ R. No. 666, Pvt. Ltd., V. Aayakar Bhawan,M.K. Road, 67, Regent Chambers, Mumbai – 400 020. 208 Nariman Point, Mumbai – 400 021 "थायी लेखा सं./Pan : Aaace0860H (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

reopening of the assessment u/s 147/148 of the Act of the otherwise concluded assessment u/s 143(3) of the Act in the instant case of the assessee company is held to be bad in law and the appeal filed by the Revenue is dismissed. We did not find any infirmity in the well reasoned and detailed orders of the learned