BENCO FINANCE & INVESTMENT P.LTD,MUMBAI vs. DCIT CEN CIR 40, MUMBAI

The appeal of the assessee is allowed in terms of our aforesaid observations

Bench: Shri M.Balaganesh () & Shri Ravish Sood () Benco Finance & Investment Dy. Cit, Central Circle-40 Private Limited; 205, Sujata Vs. (Now Dcit, Central Circle -7(2), Mumbai) Room No. 656, 6Th Floor, Chambers, 2Nd Floor, 1/3 Aaykar Bhawan, M.K Road, Abhichan Gandhi Marg, Off. Mumbai – 400 020. Katha Bazar, Masjid Bunder (W), Mumbai – 400 009 (Assessee) (Revenue) Pan No. Aabcb9349R Assessee By : S/Shri Vijay Mehta & Purushottam, A.Rs Revenue By : Ms. Shreekala Pardeshi, D.R Date Of Hearing : 18/06/2021 Date Of Pronouncement : 10/08/2021

147 of the Act is void ab-initio and/or otherwise bad-in-law. WITHOUT PREJUDICE TO GROUND NOS. 1 TO 3: D. ADDITION UNDER SECTION 68 OF THE ACT: 4. On the facts and in the circumstances of the case and in law, the Learned CIT(A) erred in confirming the action of the Assessing Officer in adding the premium

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

234B, 246A and 276CC to give reference to section 153A in these sections. 65.12 These amendments will take effect from 1st June, 2003.” 2.3.4 A careful study of section 153A to 153C and also the circular issued by the CBDT explaining the procedure of assessment in search cases, it shows that these are separate provisions independent of other provisions relating

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

section 234B and 234C of the Income Tax of the Income Tax Act, 1961. 7. The Ld. A.O. erred in initiating penalty proceedings u/s. 271(1)(c) of 7. The Ld. A.O. erred in initiating penalty proceedings u/s. 271(1)(c) of 7. The Ld. A.O. erred in initiating penalty proceedings u/s. 271(1)(c) of the Income

M/S GUJARAT REALTORES ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1, , THANE

In the result, the appeal for assessment year 2009

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

234B of the Act. 8. In the instant assessment year also the assessee has raised In the instant assessment year also the assessee has raised In the instant assessment year also the assessee has raised the ground No. 2 challenging the reassessment proceedings on the the ground No. 2 challenging the reassessment proceedings on the the ground No. 2 challenging

M/S GUJARAT REALTORES,MUMBAI SUBURBAN vs. DEPUTY COMMISSIONER OF INCOME TAX -CENTRAL CIRCLE 1, THANE, THANE

In the result, the appeal for assessment year 2009

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

234B of the Act. 8. In the instant assessment year also the assessee has raised In the instant assessment year also the assessee has raised In the instant assessment year also the assessee has raised the ground No. 2 challenging the reassessment proceedings on the the ground No. 2 challenging the reassessment proceedings on the the ground No. 2 challenging

M/S. GUJARAT REALTORS (FIRM),BHAYANDER vs. DCIT, CC-1, THANE

In the result, the appeal for assessment year 2009

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

234B of the Act. 8. In the instant assessment year also the assessee has raised In the instant assessment year also the assessee has raised In the instant assessment year also the assessee has raised the ground No. 2 challenging the reassessment proceedings on the the ground No. 2 challenging the reassessment proceedings on the the ground No. 2 challenging

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.

3), r.w.s. 147. The assessee contention is that the assessment cannot be reopened u/s 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

DCIT-3(4), MUMBAI vs. M/S. TATA MOTORS LIMITED , MUMBAI

In the result, the appeal filed by the Revenue is dismissed and the Cross Objection filed by the assessee is allowed except the issue relating to reopening, which is treated as academic

Bench: Shri Amit Shukla, Jm & Shri Ratnesh Nandan Sahay, Am

reassessment order under section 143(3) read with section 147 dated 31 December 2007. Tribunal further observed that there was no scope left with the CIT(A) to enhance the very same items in the appellate proceedings pending before him against the order passed under section 143(3) of the Act. Thus, the premise was that the interest

ANUMITA INFRASTRUCTURE PRIVATE LIMITED,MUMBAI vs. PCIT-4, MUMBAI

u/s 263 it has been alleged that source of purchase and sale of transactions remained to be verified.\n9. That the appellant craves leave to add, alter, modify, or delete any grounds of appeal during the course of appellate proceedings.”\n11. During the course of hearing before us the learned Authorised Representative (AR) submitted that the reassessment proceedings

JAMNADAS VIRJI SHARES AND STOCK BROKERS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX 4(3)(1), MUMBAI

u/s 10(34) of the Act.\n15.\nThe AO erred in levying interest under section 234A of Rs.\n63,283/- and CIT(A) erred in confirming the same.\n16.\nThe AO erred in levying interest under section 234B of Rs.\n4,14,216/- and under section 234D of Rs. 1,17,087/- and CIT(A)\nerred in confirming the same

RATNAGIRI STAINLESS P. LTD,MUMBAI vs. ITO 5(3)(1), MUMBAI

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

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 4463/Mum/2016 ("नधा"रण वष" / Assessment Year : 2009-10) M/S Ratnagiri Stainless Pvt. Income Tax Officer 5(3)(1), बनाम/ Ltd., Mumbai. V. 21/23, Laxmi Niwas, 2 Nd Parsiwada Lane, Opp V.P. Road Police Station, Mumbai – 400 004. "थायी लेखा सं./Pan : Aadcr2993P (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

234B, 234C and 234D of the Act. ITA 4463/Mum/2016 3 7. The appellant crave leave to add, amend , alter and/or vary any of the grounds of appeal before or at the time of hearing.” 3. At the outset learned counsel for the assessee submitted that the assessee did not wish to press ground no. 1,2,5 and 6 raised

JOHNSON & JOHNSON LTD,MUMBAI vs. ADDL CIT LARGE TAXPAYER UNIT, MUMBAI

In the result, the appeal of the assessee is allowed in the terms aforesaid

Bench: Shri Vikas Awasthy & Shri Manoj Kumar Aggarwalआअसं. 4912/मुं/2013 ("न.व.2004-05) Johnson & Johnson Private Limited (Earlier Known As Johnson & Johnson Limited) 501, Arena Space, Off Jvlr, Behind Majas Bus Depot, Jogeshwari (East) Mumbai 400 060 Pan: Aaacj0866E ...... अपीलाथ" /Appellant बनाम Vs. Additional Commissioner Of Income Tax, Large Taxpayer Unit, 29Th Floor, Centre No.1, World Trade Centre, Cuffe Parade, Mumbai 400 005 ..... ""तवाद"/Respondent

234B of the Act. 3. Shri Rajan Vora, appearing on behalf of the assessee made three fold submissions assailing reopening under section 147 of the Act. The first plank of his argument is against initiation of 2nd reopening proceedings during the subsistence of first reassessment proceedings. The ld. AR contended that the assessee filed its return of income on 01/11/2004

ACIT (OSD-II) CENT. RG. - 7, MUMBAI vs. M/S. CIFCO FINANCE LTD., MUMBAI

In the result all 16 appeals related to the assessee are disposed off

Bench: The Income Tax Appellate Tribunal C Bench Mumbai Before Sri Amit Shukla J M & Prashant Maharishi Am In The Matter Of Cifco Finance Limited, [ Aaacc1765F] Bhupen Chambers, Dalal Street, Mumbai V The Asst Commissioner Of Income Tax Aykar Bhavan 4Th Floor , M K Road Mumbai 20

Section 147 of the act. The assessee objected before the learned assessing officer the validity of the initiation of reassessment proceedings stating that it is a change of opinion. The AO rejected such objection in the assessment order itself and proceeded to make the addition of accrued interest. AO found that as per schedule 7 of the balance sheet assessee

CIFCO FINANCE LTD.,MUMBAI vs. ACIT (OSD II) CIR.7, MUMBAI

In the result all 16 appeals related to the assessee are disposed off

Bench: The Income Tax Appellate Tribunal C Bench Mumbai Before Sri Amit Shukla J M & Prashant Maharishi Am In The Matter Of Cifco Finance Limited, [ Aaacc1765F] Bhupen Chambers, Dalal Street, Mumbai V The Asst Commissioner Of Income Tax Aykar Bhavan 4Th Floor , M K Road Mumbai 20

Section 147 of the act. The assessee objected before the learned assessing officer the validity of the initiation of reassessment proceedings stating that it is a change of opinion. The AO rejected such objection in the assessment order itself and proceeded to make the addition of accrued interest. AO found that as per schedule 7 of the balance sheet assessee

THE ACIT (OSD-II) CEN RG-7, MUMBAI vs. M/S. CIFCO FINANCE LTD, MUMBAI

In the result all 16 appeals related to the assessee are disposed off

Bench: The Income Tax Appellate Tribunal C Bench Mumbai Before Sri Amit Shukla J M & Prashant Maharishi Am In The Matter Of Cifco Finance Limited, [ Aaacc1765F] Bhupen Chambers, Dalal Street, Mumbai V The Asst Commissioner Of Income Tax Aykar Bhavan 4Th Floor , M K Road Mumbai 20

Section 147 of the act. The assessee objected before the learned assessing officer the validity of the initiation of reassessment proceedings stating that it is a change of opinion. The AO rejected such objection in the assessment order itself and proceeded to make the addition of accrued interest. AO found that as per schedule 7 of the balance sheet assessee

CIFCO FINANCE LTD,MUMBAI vs. ACIT (OSD-II) CR 7, MUMBAI

In the result all 16 appeals related to the assessee are disposed off

Bench: The Income Tax Appellate Tribunal C Bench Mumbai Before Sri Amit Shukla J M & Prashant Maharishi Am In The Matter Of Cifco Finance Limited, [ Aaacc1765F] Bhupen Chambers, Dalal Street, Mumbai V The Asst Commissioner Of Income Tax Aykar Bhavan 4Th Floor , M K Road Mumbai 20

Section 147 of the act. The assessee objected before the learned assessing officer the validity of the initiation of reassessment proceedings stating that it is a change of opinion. The AO rejected such objection in the assessment order itself and proceeded to make the addition of accrued interest. AO found that as per schedule 7 of the balance sheet assessee

CIFCO FINANCE LTD.,MUMBAI vs. ACIT (OSD II) CIR.7, MUMBAI

In the result all 16 appeals related to the assessee are disposed off

Bench: The Income Tax Appellate Tribunal C Bench Mumbai Before Sri Amit Shukla J M & Prashant Maharishi Am In The Matter Of Cifco Finance Limited, [ Aaacc1765F] Bhupen Chambers, Dalal Street, Mumbai V The Asst Commissioner Of Income Tax Aykar Bhavan 4Th Floor , M K Road Mumbai 20

Section 147 of the act. The assessee objected before the learned assessing officer the validity of the initiation of reassessment proceedings stating that it is a change of opinion. The AO rejected such objection in the assessment order itself and proceeded to make the addition of accrued interest. AO found that as per schedule 7 of the balance sheet assessee

M/S. CIFCO FINANCE LTD.,MUMBAI vs. ACIT (OSD-II) CR-7, MUMBAI

In the result all 16 appeals related to the assessee are disposed off

Bench: The Income Tax Appellate Tribunal C Bench Mumbai Before Sri Amit Shukla J M & Prashant Maharishi Am In The Matter Of Cifco Finance Limited, [ Aaacc1765F] Bhupen Chambers, Dalal Street, Mumbai V The Asst Commissioner Of Income Tax Aykar Bhavan 4Th Floor , M K Road Mumbai 20

Section 147 of the act. The assessee objected before the learned assessing officer the validity of the initiation of reassessment proceedings stating that it is a change of opinion. The AO rejected such objection in the assessment order itself and proceeded to make the addition of accrued interest. AO found that as per schedule 7 of the balance sheet assessee

M/S. CIFCO FINANCE LTD.,MUMBAI vs. ACIT (OSD-II) CR-7, MUMBAI

In the result all 16 appeals related to the assessee are disposed off

Bench: The Income Tax Appellate Tribunal C Bench Mumbai Before Sri Amit Shukla J M & Prashant Maharishi Am In The Matter Of Cifco Finance Limited, [ Aaacc1765F] Bhupen Chambers, Dalal Street, Mumbai V The Asst Commissioner Of Income Tax Aykar Bhavan 4Th Floor , M K Road Mumbai 20

Section 147 of the act. The assessee objected before the learned assessing officer the validity of the initiation of reassessment proceedings stating that it is a change of opinion. The AO rejected such objection in the assessment order itself and proceeded to make the addition of accrued interest. AO found that as per schedule 7 of the balance sheet assessee