Pr CIT v SV Jiwani - Taxpublishers.in

SUBSCRIBE FOR FULL CONTENT


The Tax Publishers2022 TaxPub(DT) 6599 (Bom-HC) : (2022) 449 ITR 0583 : (2023) 290 TAXMAN 0178 IN THE BOMBAY HIGH COURT DHIRAJ SINGH THAKUR & VALMIKI SA MENEZES, JJ. Pr. CIT v. S.V. Jiwani Income Tax Appeal No. 552 of 2018 with Cross Objection No. 16 of 2018 in Income Tax Appeal No. 552 of 2018 3 October, 2022 Appellant in ITXA/552/2018 & Respondent in CROL/16/2018 by: Ashok Kotangle a/w P.A. Narayanan, Ajay V. Anand & Raveen Kaur, Advocate Appellant (Cross objector) in CROL/16/2018 & Respondent in ITXA/552/2018 by: Rahul J. Hakani, Advocate *Dhiraj Singh Thakur, J.* 1. The present appeal has been preferred under section 260A of the Income Tax Act, 1961 ('the Act') against the Order, dated 3-5-2017 passed by the Income Tax Appellate Tribunal, Bench 'E', Mumbai (ITAT), in Income Tax Appeal No. 4549/Mum/2015, relevant to the assessment year 2009-10. 2. The following questions of law have been proposed for our consideration :-- '6.1 Whether on the facts and in the circumstances of the case and in law, the order of the Hon'ble ITAT is perverse in not considering the order of Hon'ble Supreme Court in the case of N.K. Protein Ltd. dated 16-1-2017, which is on the similar issue of bogus purchases and when the Hon'ble Apex Court order was already the law of the land when the Hon'ble ITAT has pronounced its order on 3-5-2017? SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2022 TaxPub(DT) 6599 (Bom-HC) : (2022) 449 ITR 0583 : (2023) 290 TAXMAN 0178

IN THE BOMBAY HIGH COURT

DHIRAJ SINGH THAKUR & VALMIKI SA MENEZES, JJ.

Pr. CIT v. S.V. Jiwani

Income Tax Appeal No. 552 of 2018 with Cross Objection No. 16 of 2018 in Income Tax Appeal No. 552 of 2018

3 October, 2022

Appellant in ITXA/552/2018 & Respondent in CROL/16/2018 by: Ashok Kotangle a/w P.A. Narayanan, Ajay V. Anand & Raveen Kaur, Advocate

Appellant (Cross objector) in CROL/16/2018 & Respondent in ITXA/552/2018 by: Rahul J. Hakani, Advocate

Dhiraj Singh Thakur, J.

1. The present appeal has been preferred under section 260A of the Income Tax Act, 1961 ('the Act') against the Order, dated 3-5-2017 passed by the Income Tax Appellate Tribunal, Bench 'E', Mumbai (ITAT), in Income Tax Appeal No. 4549/Mum/2015, relevant to the assessment year 2009-10.

2. The following questions of law have been proposed for our consideration :--

'6.1 Whether on the facts and in the circumstances of the case and in law, the order of the Hon'ble ITAT is perverse in not considering the order of Hon'ble Supreme Court in the case of N.K. Protein Ltd. dated 16-1-2017, which is on the similar issue of bogus purchases and when the Hon'ble Apex Court order was already the law of the land when the Hon'ble ITAT has pronounced its order on 3-5-2017?