DCIT-14(1)(1), MUMBAI vs. JAYMALA INFRASTRUCTURE PRIVATE LIMITED, MUMBAI

In the result, the appeal of the Revenue is dism

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2012-13

68 of the Act which was introduced by the Finance Act 2012 w.e.f. Act which was introduced by the Finance Act 2012 w.e.f. Act which was introduced by the Finance Act 2012 w.e.f. 01/04/2013 would be effective only from A.Y.2013 1/04/2013 would be effective only from A.Y.2013- -14 onwards and not for the earlier assessment years

PRITI NILESH JAIN DAGA ,MUMBAI vs. INCOME TAX OFFICER 19(2)(4), MUMBAI

In the result the appeal filed by the assessee stands allowed and appeal filed by the revenue stands dismissed

Bench: Shri Sandeep Gosain, () & Shri Prabhash Shankar, ()

section 68 Whether since assessee had submitted details of purchase of shares, payment for purchase of shares through banking channel, and had produced order of SEBI where assessee along with others had been exonerated in any manipulation, it clearly proved genuineness of transaction Held, yes Whether further since Assessing Officer had not made any inquiry about genuineness of these

INCOME TAX OFFICER, MUMBAI vs. PRITI NILESH JAIN DAGA, MUMBAI

In the result the appeal filed by the assessee stands allowed and appeal filed by the revenue stands dismissed

Bench: Shri Sandeep Gosain, () & Shri Prabhash Shankar, ()

section 68 Whether since assessee had submitted details of purchase of shares, payment for purchase of shares through banking channel, and had produced order of SEBI where assessee along with others had been exonerated in any manipulation, it clearly proved genuineness of transaction Held, yes Whether further since Assessing Officer had not made any inquiry about genuineness of these

ITO 19(2)(3), MUMBAI vs. MEENAKSHI N SHAH, MUMBAI

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2007-08 Dcit 5(2)(2) Meridian Chem Bond Mumbai Purchase Ltd., बनाम/ 903 Raheja Centre, Free Vs. Press Journal Marg, Nariman Point, Mumbai 400 021 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. Aaacr1789G

68 of the Income Tax Act will be that apart from establishing the identity of the creditor, the assessee must establish the genuineness of the transaction as well as the creditworthiness of the creditors. In CIT vs Korlay Trading Company Ltd. 232 ITR 820 (Cal.), it was held that mere mention of file number of creditor will not suffice

VIJAYA PRAKASH NAGORI ,MUMBAI vs. ITO WARD 32(2)(1), MUMBAI

Bench: Hon’Ble Shri Sandeep Gosain& Shri Om Prakash Kantvijaya Prakash Nagori Vs. Ito, Ward, 32(2)(1) 409/C, Abhar Jp Road, Kautilya Bhawan, C-41- Seven Bungalows, Andhere 43, Avenue, 3, Near (W), Mumbai – 400 061. Videsh Bhavan, G Block Bkc Pan/Gir No. Aekpr2943H (Applicant) (Respondent)

68 on account of alleged long term capital gain on sale of scripts of M/s. Excel Castronics Ltd 2. On the facts and circumstances of the case in law, Ld. CIT (A) erred in confirming stand of A.O. about the opportunity for cross examination with the person whose statement was recorded against her is not given. 3. On the facts

M/S. LIFELINE MEDICARE HOSPITALS PVT LTD,MUMBAI vs. NFAC, MUMBAI

In the result ground number 3 of the appeal is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm The Income Tax Officer Vs. M/S Next Avenue Ventures Ward- 12(3)(1), Pvt. Ltd. Mumbai-400020 (Earlier Known As Kbj Ventures Pvt. Ltd.) 3Rd Floor, Raheja Chambers, Link Road Main Avenue, Santacruz (W), Mumbai-400 054 (Appellant) (Respondent) Pan No. Aagck8343R

section 68 of the income tax act and held that assessee company has shown a receipt by way of share capital from Ms Aksha Khamboj , director of the company amounting to ₹ 249

ITO 12(3)(1), MUMBAI, MUMBAI vs. NEXT AVENUE VENTURES PRIVATE LIMITED(EARLIER KNOWN AS KBJ VENTURES PRIVATE LIMITED), MUMBAI

In the result ground number 3 of the appeal is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm The Income Tax Officer Vs. M/S Next Avenue Ventures Ward- 12(3)(1), Pvt. Ltd. Mumbai-400020 (Earlier Known As Kbj Ventures Pvt. Ltd.) 3Rd Floor, Raheja Chambers, Link Road Main Avenue, Santacruz (W), Mumbai-400 054 (Appellant) (Respondent) Pan No. Aagck8343R

section 68 of the income tax act and held that assessee company has shown a receipt by way of share capital from Ms Aksha Khamboj , director of the company amounting to ₹ 249

INCOME TAX OFFICER-11(3)(4), MUMBAI vs. WESTERN IMAGINARY TRANSCON PRIVATE LIMITED , MUMBAI

In the result, appeal of the Revenue in ITA No

Bench: Shri Sandeep Gosain & Shri Ramit Kochar

Section 68 of the 1961 Act and the appellate order 29 passed by learned CIT(A) cannot be sustained in view of our aforesaid detailed observations. Thus, under these circumstances we hereby confirm additions to the tune of Rs. 1,77,00,000/- as were made by the Assessing Officer and set aside the appellate order passed

DCIT-CC-7(3), MUMBAI , MUMBAI vs. SHRI MAJNI KARAMSHI PATEL, MUMBAI

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

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyal, Accountat Member Dcit, Cc-7(3) Vs. Shri Manji Karamshi Room No. 655, Patel Aayakar Bhavan, Office No. 1, Patel M.K.Road, Bhavan-29, Vijaywadi, Mumbai.-400020. Dr. Nagindas N Shah Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent Co No. 45/Mum/2021 (A.Y: 2014-15) Shri Manji Karamshi Vs. Dcit, Cc-7(3) Patel Room No. 655, Aayakar Office No. 1, Patel Bhavan, Bhuvan-29, Vijaywadi, M.K .Road, Dr. Nagindas N Shah Mumbai-400002. Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent

68 on account of allegation of accommodation entry. Your Honour would appreciate that the Id. Assessing Officer has relied on the information given by the DGIT (Inv.) without appreciating that the same cannot be used against the appellant without providing statements wherein the alleged party has stated that he has provided accommodation entry to the appellant and therefore such statements

AHMED P. SURANI,MUMBAI vs. ACIT 3(1)(1), MUMBAI

section 68 of the Act\noverlooking the major facts and submissions made on\nvarious dates and that the assesse is a regular investor in\nshares and securities and derives income from other\nsources, interest income and the dividend income. The\npurchase of shares are genuine through banking channels\nand the assesse has substantiated with various details\nreferred

SHRI SANJAY SHANTILAL JAIN,MUMBAI vs. JCIT, CENTRAL RANGE-8 , MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

section 40A(3) of the Income Tax Act e Tax Act,1961 is intended to serve the objective o intended to serve the objective of checking tax evasion f checking tax evasion.” 8. Thus, the ld AO has not only held the purchases Thus, the ld AO has not only held the purchases Thus

SHRI SANJAY SHANTILAL JAIN,MUMBAI vs. DCIT, CENTRAL RANGE-8 (3), MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

section 40A(3) of the Income Tax Act e Tax Act,1961 is intended to serve the objective o intended to serve the objective of checking tax evasion f checking tax evasion.” 8. Thus, the ld AO has not only held the purchases Thus, the ld AO has not only held the purchases Thus

RAJDHANI TEXTILES PRIVATE LIMITED (SINCE DISHA INFIN CONSULTANTS PVT LTD) ,MUMBAI vs. ASST.CIT CIRCLE 5(1)(2), MUMBAI

In the result, both the appeals of the assessee are allowed

section 44AB, and that he has been assessed to income tax for several decades. The assessee also emphasized that no adverse evidence, no statement, and no material suggesting accommodation entries or introduction of unaccounted money had been brought on record. 7. The assessee’s stand before the Assessing Officer was that once the identity of the creditor, the genuineness

RAJDHANI TEXTILES PRIVATE LIMITED ,MUMBAI vs. ACIT, CIRCLE 5(1)(2), MUMBAI

In the result, both the appeals of the assessee are allowed

section 44AB, and that he has been assessed to income tax for several decades. The assessee also emphasized that no adverse evidence, no statement, and no material suggesting accommodation entries or introduction of unaccounted money had been brought on record. 7. The assessee’s stand before the Assessing Officer was that once the identity of the creditor, the genuineness

PREETI CHIRANIA,MUMBAI vs. THE INCOME TAX OFFICER WARD - 28(2)(4), NAVI MUMBAI

In the result, the appeal filed by the assessee partly allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy Svs. Ito, Ward – 28(2)(4) Preeti Chirania 309, 3Rd Floor, Tower No. Flat No.3, 1St Floor, 6, Vashi Rly Stn., Mangesh Santa Durga Commercial Complex, Chs, Sector – 17, Nerul Vashi Navi Mumbai – 400 (E), Navi Mumbai – 400 703. 706. Pan/Gir No. Akbpc0636M (Applicant) (Respondent)

68 of the Act as the case of the assessee squarely covered by the decision of the Coordinate Bench of ITAT, wherein the same script i.e M/s Tilak Venture Ltd was in question and after evaluating the entire factual and financial statements of M/s. Tilak Venture Ltd, additions were deleted. In this regard the Ld.AR also relied upon the decision

JITENDRA UDAYLAL JAIN,MAHARASHTRA vs. NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI

In the result, the appeal filed by the assessee is allowed

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawal

249 (SC) dated 3-07- 2023 has observed as under “CASH CREDITS-TRANSACTIONS IN PENNY STOCKS-FINDING THAT THERE WAS NO ADVERSE COMMENT FROM STOCK EXCHANGE OR COMPANY WHOSE SHARES INVOLVED- ASSESSING OFFICER QUOTING FACTS PERTAIN- ING TO COMPLETELY UNRELATED PERSONS NAME OF ASSESSEE NEITHER QUOTED BY ANY SUCH PERSONS NOR MATERIAL RELATING TO ASSESSEE FOUND IN INVESTIGATION-TRIBUNAL AFFIRMING

VIJAY MANEKLAL BHANSALI,MUMBAI vs. INCOME TAX OFFICER-19(3)(5), MUMBAI

In the result, the appeal is partly allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

249 (Guj.), CIT vs. Kabul Chawla, 380 ITR 573 (Delhi), PCIT vs. Saumya Construction Pvt. Ltd., 387 ITR 529 (Guj.), Shyamsundar Khandelwal vs. ACIT, 161 taxmann.com 255 (Raj.) etc. The Hon’ble Court held that it was unable to concur that provisions of sections 139, 147, 148, 149 and 153 are overridden merely on account of assets, books

VIMALA JAYANTILAL PUROHIT,MUMBAI vs. INCOME TAX OFFICER CIRCLE 17(1), MUMBAI

In the result, the appeal of the assessee is allowed for statistical purposes

68", "Section 69C", "Section 249(3)" ], "issues": "Whether the death of the assessee's CA constitutes sufficient cause