ABHUBHAI HIRABHAI DESAI,MUMBAI vs. DCIT CIRCLE 19(1), MUMBAI

In the result, the appeal of the assessee is allowed

u/s 132 of\nthe Act,only recourse available with him was section 153C of the Act.\nPage 15\nITA No. 4684/Mum/2025\nΑ.Υ. 2014-15\nAbhubhai Hirabhai Desai\n7.5 It is worthwhile to mention here that coordinate Benches of\nMumbai ITAT in certain recent decisions have taken similar view in the\nlight of the judgement in the case of Sejal

ITO 2(1)(1), MUMBAI vs. CENTRAL; BANK OF INDIA, MUMBAI

Appeal stands dismissed

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.8581/Mum/2010 (िनधा"रण वष" / Assessment Year: 1999-2000) Deputy Commissioner Of Central Bank Of India Income Tax 2(1) Central Office बनाम/ Central Accounts Deptt. Aaykar Bhavan Vs. Chandermukhi, 4Th Floor Room No. 575, 5Th Floor Nariman Point, Mumbai-400 021 M.K.Road, Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacc-2498-P (अपीलाथ" /Appellant) (""थ" / Respondent) : & C.O. No. 153/2012 [Arising Out Of Ita No.8581/Mum/2010 (िनधा"रण वष" / Assessment Year: 1999-2000) Central Bank Of India Deputy Commissioner Of Central Office Income Tax 2(1) बनाम/ Central Accounts Deptt. Aaykar Bhavan Chandermukhi, 4Th Floor Room No. 575, 5Th Floor Vs. Nariman Point, Mumbai-400 021 M.K.Road, Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacc-2498-P (अपीलाथ" /Appellant) (""थ" / Respondent) : &

Section 147 on 31/10/2006 at Rs.457.12 crores. The assessee contested the imposition of interest u/s 234D for Rs.8,01,64,223/- before first appellate authority by placing reliance on the decision of ITO Vs. Ekta Promoters Private Limited [305 ITR 1 SB DELHI] on the premises that interest u/s. 234D could be charged only after

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

234D of Rs. 7,238/- and CIT(A) erred in\nconfirming the same.\nIn appeal No. ITA No. 8362/MUM/2025 for A.Y. 2015–16\n1. The Appellant submits the Assessing Officer (AO) erred assuming\njurisdiction under section 147 of the Act and the learned\nCommissioner (Appeals) (CIT(A) erred in confirming his action, when\nthe jurisdictional conditions under section 147 were

JAMNADAS VIRJI SHARES AND STOCK BROKERS PRIVATE LIMITED ,MUMBAI vs. DCIT, 4(3)(1), MUMBAI

234D of Rs. 7,238/- and CIT(A) erred in\nconfirming the same.\nIn appeal No. ITA No. 8362/MUM/2025 for A.Y. 2015–16\n1. The Appellant submits the Assessing Officer (AO) erred assuming\njurisdiction under section 147 of the Act and the learned\nCommissioner (Appeals) (CIT(A) erred in confirming his action, when\nthe jurisdictional conditions under section 147 were

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

234D of Rs. 7,238/- and CIT(A) erred in\nconfirming the same.\nIn appeal No. ITA No. 8362/MUM/2025 for A.Y. 2015–16\n1. The Appellant submits the Assessing Officer (AO) erred assuming\njurisdiction under section 147 of the Act and the learned\nCommissioner (Appeals) (CIT(A) erred in confirming his action, when\nthe jurisdictional conditions under section 147 were

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)

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 by the assessee

WELSPUN CORP LTD,MUMBAI vs. DCIT CEN CIR 22, MUMBAI

In the result, the appeals filed by the assesses in ITA No

Bench: Shri C.N. Prasad () & Shri G Manjunatha ()

234D and 220(2) of the Income Tax Act, 1961 arc consequential. The Appellant denies its liability for such interest. 5 . The Id. CIT(A) erred in,'holding that ground raised disputing initiation of the penalty proceedings1.'u/s.271(l)(c) of the Income Tax Act, 1961 is premature. The Appellant denies its liability for such penalty. The Appellant craves leave

AJAY MULTI PROJECTS PRIVATE LIMITED,MUMBAI vs. DCIT, CIRCLE 4(1)(1), MUMBAI, AAYKAR BHAWAN, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 Ajay Multi Projects Pvt. Ltd., Dcit, Circle-4(1)(1), 2Nd Floor, C.J. House, 285 Aayakar Bhavan, Vs. Princess Street, Marine Lines, Mumbai-400020. Mumbai-400002. Pan No. Aadca 0338 H Appellant Respondent

section 148A have not been followed and as a result, the reassessment proceedings are bad in law. as a result, the reassessment proceedings are bad in law. as a result, the reassessment proceedings are bad in law. The sanction u/s 151 is bad in law and as a result, the The sanction u/s

VODAFONE INDIA LTD,MUMBAI vs. ASST CIT 8(3)(2), MUMBAI

234D of the Act.We find that the AO had levied interest u/s. 234B from 1.4.2008 to 31.3.2014 i.e. period starting from first day of the relevant AY.to the end of the month in which reassessment order was passed. We find that levy of interest u/s.234B in case of reassessment or re-computation is governed by provisions of sub section

CROMPTON GREAVES LTD,MUMBAI vs. CIT -6, MUMBAI

In the result, the appeals filed by the assessee company in ITA no

Bench: Shri Shailendra Kumar Yadav & Shri Ramit Kochar"ी शैल" कुमार यादव, "या"यक सद"य एवं "ी "ी रिमत कोचर, लेखाकार सद"य के सम" । आयकर अपील सं./I.T.A. No. 1994/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) आयकर अपील सं./I.T.A. No. 2836/Mum/2014 ("नधा"रण वष" / Assessment Year : 2007-08) M/S Crompton Greaves बनाम/ Cit – 6,Mumbai, Ltd.,6Th Floor, C.G. House, 5Th Floor, V. Dr. A.B. Road, Worli, Aayakar Bhavan, Mumbai – 400 030. M.K. Road, Mumbai – 400 020. "थायी लेखा सं./Pan : Aaacc3840K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By Shri Pradeep N. Kapasi Revenue By : Shri C.W. Angolkar सुनवाई क" तार"ख /Date Of Hearing : 29-10-2015 घोषणा क" तार"ख /Date Of Pronouncement : 01-02-2016

234D of Rs. 37,93,211 without giving any opportunity of hearing and further erred in law in not passing any speaking order for the levy of interest. b. Your appellant denies any liability of payment of interest and further submits that the interest was charged in violation of the provision of Natural Justice in as much as no opportunity

THE SHIPPING CORPORATION OF INDIA LTD.,MUMBAI vs. ADDL.C.I.T. LTU, MUMBAI

In the result the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.2551&2129/Mum/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation Of Additional Commissioner India Ltd. Vs. Of Income Tax Ltu Shipping House, 10Th Floor, 245, 29Th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 Pan: Aaa Ct1 524 F Assistant Commissioner Of The Shipping Corporation Income Tax Ltu Of India Ltd. Centre-I, 28Th Floor, World Trade Shipping House, 10Th Centre, Cuffe Parade, Mumbai- Floor, 245, Madam Cama 400005 Road, Nariman Point, Mumbai-400021 Pan: Aaa Ct1 524 F

234D. Your appellant crave leave to add, amend, alter, modify, cancel, withdraw any of the ground/s of appeal before final hearing of appeal.” 3. The assessee in the first ground of appeal has challenged the validity of the re-assessment framed under section 147 of the Act on the ground that it ITA nos.2551&2129/MUM/2012 Asstt. Years

ADDL CIT LTU, MUMBAI vs. THE SHIPPING CORPORATION OF INDIA LTD, MUMBAI

In the result the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.2551&2129/Mum/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation Of Additional Commissioner India Ltd. Vs. Of Income Tax Ltu Shipping House, 10Th Floor, 245, 29Th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 Pan: Aaa Ct1 524 F Assistant Commissioner Of The Shipping Corporation Income Tax Ltu Of India Ltd. Centre-I, 28Th Floor, World Trade Shipping House, 10Th Centre, Cuffe Parade, Mumbai- Floor, 245, Madam Cama 400005 Road, Nariman Point, Mumbai-400021 Pan: Aaa Ct1 524 F

234D. Your appellant crave leave to add, amend, alter, modify, cancel, withdraw any of the ground/s of appeal before final hearing of appeal.” 3. The assessee in the first ground of appeal has challenged the validity of the re-assessment framed under section 147 of the Act on the ground that it ITA nos.2551&2129/MUM/2012 Asstt. Years

TCS-E-SERVE LTD ( EARLIER KNOWN AS E-SEREVE INTERNAIONTAL LTD),MUMBAI vs. DCIT RG 9(1), MUMBAI

Appeal stand dismissed since the only issue in revenue’s appeal is deduction u/s 10A

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.5089/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 2. आयकरअपील सं./ I.T.A. No.5090/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) Tata Consultancy Services Limited Dcit- 9(1) / 9(3) (Upon Merger Of Tcs E-Serve Ltd Aaykar Bhawan बिाम With Tata Consultancy Services Ltd) M.K.Road / Vs. 9Th Floor, Nirmal Building Mumbai-400 020 Nariman Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-4480-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & 3. आयकरअपील सं./ I.T.A. No.4928/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 4. आयकरअपील सं./ I.T.A. No.4929/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) & 5. आयकरअपील सं./ I.T.A. No.5478/Mum/2014 (धििाारण वर्ा / Assessment Year: 2010-11) & 6. आयकरअपील सं./ I.T.A. No.7446/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 7. आयकरअपील सं./ I.T.A. No.7447/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) Acit, Range-9(3) / Circle-9(3) Tata Consultancy Services Limited Aaykar Bhawan, M.K.Road (Upon Merger Of Tcs E-Serve Ltd बिाम Mumbai-400 020 With Tata Consultancy Services Ltd) / Vs. 9Th Floor, Nirmal Building Nariman Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-4480-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

reassessment proceedings were quashed by Tribunal in ITA No.3725/Mum/2010 order dated 24/01/2018 (para 8 & 9). This issue again came up for challenge before Tribunal by the revenue for AY 2002-03, ITA No.3927/Mum/2010 order dated 24/01/2018 wherein deduction was denied to the assessee on identical facts. The learned first appellate authority reversed the action of Ld. AO by observing that

SHAH RUKH KHAN,MUMBAI vs. DCIT CENTRAL CIRCLE 4(2), MUMBAI

In the result, the appeal by the assessee is allowed

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalshah Rukh Khan, 44, Mannat, Bj Road, Bandstand, Bandra, Mumbai - 400050 Pan: Aahpk3293L ……………. Appellant V/S Dcit, Central Circle – 4(2) Kautilya Bhavan, Bandra Kurla Complex, Bandra East, ……………. Respondent Mumbai - 400050 Maharashtra

234D of the Income-tax Act, 1961.” 3. In this appeal, the assessee has challenged the validity of the reopening of the assessment under section 147 of the Act and has also raised the grounds on merits, challenging the additions made by the Assessing Officer (“AO”). Since the ground challenging the reopening of assessment under section 147

THE SHIPPING CORPORATION OF INDIA LTD.,MUMBAI vs. ADDL.C.I.T. LTU, MUMBAI

In the result, the appeal filed by the assessee is allowed and the revenue’s appeal is dismissed

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2005-06 The Shipping Corporation Of India The Additional Commissioner Limited, Of Income Tax (Ltu), Shipping House 10Th Floor, 29Th Floor, World Trade 245, Madam Cama Road, Vs. Centre, Colaba, Nariman Point, Mumbai - 400006 Mumbai - 400021 Pan: Aaact1524F (Appellant) (Respondent) & Assessment Year: 2005-06 The Acit-Ltu, M/S The Shipping Corporation 28Th Floor, Centre-1, Of India Limited, World Trade Centre, Cuffe Parade, 245, Madam Cama Road, Mumbai - 400005 Vs. Nariman Point, Mumbai - 400021 Pan: Aaact1524F (Appellant) (Respondent)

234D.” 4. At the outset, the Ld. counsel for the assessee submitted that the AO has reopened the assessment on the basis of change of opinion, which is not permissible under law. The Ld. counsel invited our attention to page 148 of the Assessment Years: 2005-06 paper book which is the copy of the reasons for reopening recorded

ADDL CIT LTU, MUMBAI vs. THE SHIPPING CORPORATION OF INDIA LTD, MUMBAI

In the result, the appeal filed by the assessee is allowed and the revenue’s appeal is dismissed

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2005-06 The Shipping Corporation Of India The Additional Commissioner Limited, Of Income Tax (Ltu), Shipping House 10Th Floor, 29Th Floor, World Trade 245, Madam Cama Road, Vs. Centre, Colaba, Nariman Point, Mumbai - 400006 Mumbai - 400021 Pan: Aaact1524F (Appellant) (Respondent) & Assessment Year: 2005-06 The Acit-Ltu, M/S The Shipping Corporation 28Th Floor, Centre-1, Of India Limited, World Trade Centre, Cuffe Parade, 245, Madam Cama Road, Mumbai - 400005 Vs. Nariman Point, Mumbai - 400021 Pan: Aaact1524F (Appellant) (Respondent)

234D.” 4. At the outset, the Ld. counsel for the assessee submitted that the AO has reopened the assessment on the basis of change of opinion, which is not permissible under law. The Ld. counsel invited our attention to page 148 of the Assessment Years: 2005-06 paper book which is the copy of the reasons for reopening recorded

ASST CIT LTU, MUMBAI vs. IDBI LTD, MUMBAI

In the result, appeal filed by the assessee is allowed and appeal of the revenue is dismissed

Bench: Shri R.C.Sharma & Shri Pawan Singhassessment Year: 2005-06 Acit Large Tax Payer Unit, M/S Idbi Ltd., 28Th Floor, World Trade Centre 1, Idbi Towers, 3Rd Floor, Cufee Parade, Cufee Parade, Vs. Mumbai-400005 Mumbai-400005. Pan: Aaaci1105R (Appellant) (Respondent) Assessment Year: 2005-06 Idbi Bank Ltd., Acit Large Tax Payer Unit, Idbi Towers, Wtc Complex, 7Th 28Th Floor, World Trade Centre 1, Floor, Taxation Cell, Cufee Parade, Cufee Parade, Vs. Mumbai-400005. Mumbai-400005 Pan: Aaaci1105R (Appellant) (Respondent)

section 14A of the Income Tax Act 1961, for computing the book profit u/s 115JB. The manner and method of disallowance is also not in accordance with the law. 3.Interest levied u/s 234D of the Income Tax Act, 1961 The learned CIT(A), in law and on facts erred in confirming levy of interest u/s 234D. The CIT(A) ought

DCIT IT 3.1.1, MUMBAI, MUMBAI vs. JEFFERIES LLC , MUMBAI

reassessment order passed under section\n143(3) read with section 147 read with section 144C(3) of the Act dated 10\nFebruary 2020, was passed without a document identification number and hence,\nthe order shall be regarded as invalid and deemed to never been issued.\nb. in not providing a copy of the remand report submitted by the Learned

RALF JEMS P.LTD,MUMBAI vs. ITO WD 5(3)(1), MUMBAI

In the result, appeals of the assessee for the A

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

234D of the Act.” 4. In Ground No.1 of grounds of appeal, assessee has challenged the reopening of assessment and order passed u/s. 143(3) r.w.s. 147 of the Act dated 03.03.2016 as bad in law and void abinitio. 5. At the outset, Ld. Counsel for the assessee submits that this is a case where the original assessment was made