J KUMAR INFRAPROJECTS LIMITED,MUMBAI vs. THE DY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5(1), MUMBAI

The Appeal of the Assessee is partly allowed and that of the department is dismissed

Bench: Hon’Ble Shri Sandeep Gosain & Shri Prabhash Shankar

u/s 69C of the Act holding them as business expenditure of the assessee on the issue of out of books cash expenditures (murrum expenses) and considering that an addition of 5% of such murrum expenses as business income would suffice instead of the entire addition made by the AO under Section 69C of the Act. 5 J Kumar Infraprojects

DCIT CC 5-1, MUMBAI, MUMBAI vs. J KUMAR INFRAPROJECTS LIMITED , MUMBAI

The Appeal of the Assessee is partly allowed and that of the department is dismissed

Bench: Hon’Ble Shri Sandeep Gosain & Shri Prabhash Shankar

u/s 69C of the Act holding them as business expenditure of the assessee on the issue of out of books cash expenditures (murrum expenses) and considering that an addition of 5% of such murrum expenses as business income would suffice instead of the entire addition made by the AO under Section 69C of the Act. 5 J Kumar Infraprojects

J KUMAR INFRAPROJECTS LIMITED,MUMBAI vs. THE DY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5(1), MUMBAI

The Appeal of the Assessee is partly allowed and that of the department is dismissed

Bench: Hon’Ble Shri Sandeep Gosain & Shri Prabhash Shankar

u/s 69C of the Act holding them as business expenditure of the assessee on the issue of out of books cash expenditures (murrum expenses) and considering that an addition of 5% of such murrum expenses as business income would suffice instead of the entire addition made by the AO under Section 69C of the Act. 5 J Kumar Infraprojects

HAZEL MERCANTILE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 4(4), MUMBAI, MUMBAI

u/s. 148 of the Income Tax Act, 1961 dated 31.03.2021 on 16.04.2021, which is barred by limitation as per the provision of section 149 of the Income Tax Act, 1961 and also in violation of provisions of section 282A of the Act. 2. Without prejudice to ground 1 above, if Hon'ble ITAT concludes that the impugned Notices were issued

DCIT CC-4(4), MUMBAI, MUMBAI vs. HAZEL MERCANTILE LIMITED, MUMBAI

Accordingly, Additional Ground No 2 raised in appeal preferred by the Assessee for the Assessment Year 2016-17 is allowed,

u/s. 148 of the Income Tax Act, 1961 dated 31.03.2021 on 16.04.2021, which is barred by limitation as per the provision of section 149 of the Income Tax Act, 1961 and also in violation of provisions of section 282A of the Act. 2. Without prejudice to ground 1 above, if Hon'ble ITAT concludes that the impugned Notices were issued

DCIT CC 4(4), MUMBAI, MUMBAI vs. HAZEL MERCANTILE LIMITED, MUMBAI

Accordingly, Additional Ground No 2 raised in appeal preferred by the Assessee for the Assessment Year 2016-17 is allowed,

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s. 148 of the Income Tax Act, 1961 dated 31.03.2021 on 16.04.2021, which is barred by limitation as per the provision of section 149 of the Income Tax Act, 1961 and also in violation of provisions of section 282A of the Act. 2. Without prejudice to ground 1 above, if Hon'ble ITAT concludes that the impugned Notices were issued

HAZEL MERCANTILE LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 4(4), MUMBAI, MUMBAI

Accordingly, Additional Ground No 2 raised in appeal preferred by the Assessee for the Assessment Year 2016-17 is allowed,

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s. 148 of the Income Tax Act, 1961 dated 31.03.2021 on 16.04.2021, which is barred by limitation as per the provision of section 149 of the Income Tax Act, 1961 and also in violation of provisions of section 282A of the Act. 2. Without prejudice to ground 1 above, if Hon'ble ITAT concludes that the impugned Notices were issued

DCIT CEN CIR 4(2), MUMBAI vs. SUDHAKAR M. SHETTY, MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

u/s. 153C”. On the other hand, only the Assessing Officer of other person, other than Assessing Officer of searched person can say and write “Issue notice u/s. 153C” 2.35. The above facts reflects that neither satisfaction note was issued by the Assessing Officer in his capacity as a 57 Skylark Build Skylark Buildcon P. Ltd. Smt. Hemlata S. Shetty, Oasis

SKYLARK BUILD,MUMBAI vs. ASST CIT CEN CIR 4(2), MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

u/s. 153C”. On the other hand, only the Assessing Officer of other person, other than Assessing Officer of searched person can say and write “Issue notice u/s. 153C” 2.35. The above facts reflects that neither satisfaction note was issued by the Assessing Officer in his capacity as a 57 Skylark Build Skylark Buildcon P. Ltd. Smt. Hemlata S. Shetty, Oasis

SKYLARK BUILD,MUMBAI vs. ASST CIT CEN CIR 4(2), MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

u/s. 153C”. On the other hand, only the Assessing Officer of other person, other than Assessing Officer of searched person can say and write “Issue notice u/s. 153C” 2.35. The above facts reflects that neither satisfaction note was issued by the Assessing Officer in his capacity as a 57 Skylark Build Skylark Buildcon P. Ltd. Smt. Hemlata S. Shetty, Oasis

HASHMAT ISHAQ PARAR,RATNAGIRI vs. INCOME TAX OFFICER, MUMBAI

In the result, the appeal of the assessee bearing ITA No

147 of the Act. Order under sub-section (d) of section 148A of the Act has been passed\nin such case vide DIN ITBALST/F/145A/2021-22/1042272737(1) dated 31/03/2022 and\nannexed herewith for reference.\n1. therefore, propose to assess or reassess such income or recompute the loss or the\ndepreciation allowance or any other, allowance or deduction for the Assessment Year

M/S CREATIVE WORLD TELEFILMS LTD.,MUMBAI vs. DY. CIT CENTRAL CIRCLE-6(4), MUMBAI

In the result, appeal of the assessee is dismissed

147, 148 and 149. A\nclear distinction has been made out between 'issue of notice' and\n'service of notice' under the 1961 Act. Section 149 prescribes the\nperiod of limitation. It categorically prescribes that no notice under\nsection 148 shall be issued after the prescribed limitation has lapsed.\nSection 148(1) provides for service of notice as a condition

M/S. DEVISHA INFRASTRUCTURE PVT LTD,MUMBAI vs. ITO WARD 6(2)(2), MUMBAI

In the result, appeal of the assessee ITA No

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

147 r.w.s 144B of the I. T. Act, 1961 without understanding the facts and circumstances of the case, since the same is grossly incorrect, invalid and bad in law. 2. On the facts and circumstances of the case and in law, the Ld. J.A.O. has erred by initiating the Inquiry Proceedings u/s 148A of the 1. T. Act, 1961 since

M/S. DEVISHA INFRASTRUCTURE PVT LTD,MUMBAI vs. ITO WARD 6(2)(2), MUMBAI

In the result, appeal of the assessee ITA No

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

147 r.w.s 144B of the I. T. Act, 1961 without understanding the facts and circumstances of the case, since the same is grossly incorrect, invalid and bad in law. 2. On the facts and circumstances of the case and in law, the Ld. J.A.O. has erred by initiating the Inquiry Proceedings u/s 148A of the 1. T. Act, 1961 since

HASHMAT ISHAQ PARKER,RATNAGIRI vs. INCOME TAX OFFICER, MUMBAI

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

282A having not been followed while issuing the notice u/s 148 the same is invalid. Reliance is placed on the decision of the Bombay High Court in the case of Prakash KrishnaraoBharadwaj (Copy enclosed) where in the High Court, in connection with unsigned notice u/s 148, has held that such unsigned notice, either physically or digitally invalid

DCIT CC 5 1 MUMBAI, MUMBAI vs. J KUMAR INFRAPROJECTS LTD, MUMBAI

u/s 69C of the \nAct holding them as business expenditure of the \nassessee on the issue of out of books cash \nexpenditures (murrum expenses) and considering that \nan addition of 5% of such murrum expenses as \nbusiness income would suffice instead of the entire \naddition made by the AO under Section 69C of the \nAct. \n5 \nJ Kumar Infraprojects