ASST CIT CIR 2, THANE vs. SALASAR DEVELOPERS, THANE

The appeals of the Revenue are dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall— 8 M/s Salasar Developers ITA No.4511 TO 4513/Mum/2014 (a) issue notice

ASST CIT CIR 2, THANE vs. SALASAR DEVELOPERS, THANE

The appeals of the Revenue are dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall— 8 M/s Salasar Developers ITA No.4511 TO 4513/Mum/2014 (a) issue notice

ASST CIT CIR 2, THANE vs. SALASAR DEVELOPERS, THANE

The appeals of the Revenue are dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhan

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall— 8 M/s Salasar Developers ITA No.4511 TO 4513/Mum/2014 (a) issue notice

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE- 41(1)(1), MUMBAI, KAUTILYA BHAWAN, BKC vs. JAJ INTERNATIONAL, MUMBAI

In the result, the grounds relating to merit the file of the Ld

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

147 of the Act by the AO are illegal and void ab initio. In view of the provisions of section 153C of the Act, initio. In view of the provisions of section 153C of the Act, initio. In view of the provisions of section 153C of the Act, section 147/148 stand ousted. In the instant case, t section 147/148 stand

ASSISTANT COMMISSIONER OF INCOME TAX, KAUTILYA BHAWAN vs. JAJ INTERNATIONAL, MUMBAI

In the result, the grounds relating to merit the file of the Ld

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

147 of the Act by the AO are illegal and void ab initio. In view of the provisions of section 153C of the Act, initio. In view of the provisions of section 153C of the Act, initio. In view of the provisions of section 153C of the Act, section 147/148 stand ousted. In the instant case, t section 147/148 stand

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

section 153C of the Act cannot be invoked in the case of the assessee. be invoked in the case of the assessee. Thus, the Assessing Officer Thus, the Assessing Officer has correctly invoked reassessment proceedings u/s 147 of the Act has correctly invoked reassessment proceedings u/s 147 of the Act has correctly invoked reassessment proceedings u/s 147

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)

u/s 153C of the Act, issues a notice u/s 153C to file a return of income for reassessment, then he makes an assessment / reassessment of such income u/s 153A of the Act. 65. Now, the entire procedure is the same except under different sections having two separate contingencies. In our opinion, the Legislature has not left any discretion

M/S.BALAJI BULLION & COMMODITIES (INDIA) PRIVATE LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE-40, MUMBAI

In the result, both the appeals are allowed

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm Balaji Bullion & Commodities The Dy. Commissioner Of (India) Private Limited Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002 (Appellant) (Respondent) Pan No. Aadcbo236F Balaji Universal Tradelinks P. The Dy. Commissioner Of Ltd. Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall— ITA Nos. 1291 & 1292/Mum/2018 M/s Balaji Universal Tradelinks P. Ltd. & Balaji

BALAJI UNIVERSAL TRADELINK P.LTD,MUMBAI vs. DCIT CEN CIR 40, MUMBAI

The appeals of the assessee are allowed and that of the Revenue are dismissed

Bench: Shri Joginder Singh & Shri Sanjay Arora

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish within

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

132 had taken place on 06.10.2017, the 23 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta statutory provisions of section 153A stood triggered and any reassessment proceedings initiated under section 147 were liable to abate. According to the learned counsel, the reasons recorded for reopening themselves indicate that the alleged escapement of income was noticed during the search proceedings and therefore the reopening

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

132 had taken place on 06.10.2017, the 23 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta statutory provisions of section 153A stood triggered and any reassessment proceedings initiated under section 147 were liable to abate. According to the learned counsel, the reasons recorded for reopening themselves indicate that the alleged escapement of income was noticed during the search proceedings and therefore the reopening

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

132 had taken place on 06.10.2017, the 23 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta statutory provisions of section 153A stood triggered and any reassessment proceedings initiated under section 147 were liable to abate. According to the learned counsel, the reasons recorded for reopening themselves indicate that the alleged escapement of income was noticed during the search proceedings and therefore the reopening

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

132 had taken place on 06.10.2017, the 23 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta statutory provisions of section 153A stood triggered and any reassessment proceedings initiated under section 147 were liable to abate. According to the learned counsel, the reasons recorded for reopening themselves indicate that the alleged escapement of income was noticed during the search proceedings and therefore the reopening

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

132 had taken place on 06.10.2017, the 23 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta statutory provisions of section 153A stood triggered and any reassessment proceedings initiated under section 147 were liable to abate. According to the learned counsel, the reasons recorded for reopening themselves indicate that the alleged escapement of income was noticed during the search proceedings and therefore the reopening

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

132 had taken place on 06.10.2017, the 23 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta statutory provisions of section 153A stood triggered and any reassessment proceedings initiated under section 147 were liable to abate. According to the learned counsel, the reasons recorded for reopening themselves indicate that the alleged escapement of income was noticed during the search proceedings and therefore the reopening

KASHYAP KANIYALAL MEHTA,MUMBAI vs. DCIT, CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

132 had taken place on 06.10.2017, the 23 ITA No.6197-6203/Mum/2024 Kashyap Kaniyalal Mehta statutory provisions of section 153A stood triggered and any reassessment proceedings initiated under section 147 were liable to abate. According to the learned counsel, the reasons recorded for reopening themselves indicate that the alleged escapement of income was noticed during the search proceedings and therefore the reopening

SHRI AMIT MANGILAL JAIN,MUMBAI vs. ACIT, - 33(1), MUMBAI

In the result, both the above appeals are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

5 ITA No. 3331, 3332/Mum/2019 A.Y. 2009-10, 2010-11 Shri Amit Mangilal Jain cognizance of the certain entries therein reopened the assessment u/s 147 of the Act. The ld.AR has submitted that on the same document and same data found during the course of search, proceeding u/s 153C was initiated against the above mentioned AOP Arkade Bhoomi Enterprise

THE NEW INDIA ASSURANCE CO. LTD ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(2)(2), MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course