Arvind Murjani Brands (P.) Ltd. v. ITO

NATIONAL COMMODITY AND DERIVATIVES EXCHANGE LIMITED,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the appeals of the assessee are dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2017-18 National Commodity & The Asst. Cit-15(2)(1), Derivatives Exchange Ltd., Aayakar Bhavan, Maharshi Vs. First Floor, Ackruti Corporate Karve Road, Churchgate, Park, Lbs Marg, Near Ge Mumbai-400020. Garden, Kanjurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent Assessment Year: 2018-19 National Commodity & The Additional Derivatives Exchange Ltd., /Joint/Deputy/Asst. Cit15(2)(1), First Floor, Ackruti Vs. Aayakar Bhavan, Maharshi Karve Corporate Park, Lbs Marg, Road, Churchgate, Near Ge Garden, Mumbai-400020. Kanurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI RAHUL CHAUDHARY (JUDICIAL MEMBER) Assessment Year: 2017-18 National Commodity & The Asst. CIT-15(2)(1), Derivatives Exchange Ltd., Aayakar Bhavan, Maharshi Vs. First Floor, Ackruti Corporate Karve Road, Churchgate, Park, LBS Marg, Near GE Mumbai-400020. Garden, Kanjurmarg (W), Mumbai-400078. PAN NO. AABCN 7696 K Appellant Respondent Assessment Year: 2018-19 National Commodity & The Additional Derivatives Exchange Ltd., /Joint/Deputy/Asst. CIT15(2)(1), First Floor, Ackruti Vs. Aayakar Bhavan, Maha…

NATIONAL COMMODITY AND DERIVATIVES EXCHANGE LIMITED,MUMBAI vs. THE ADDITIONAL JOINT DEPUTY ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the appeals of the assessee are dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2017-18 National Commodity & The Asst. Cit-15(2)(1), Derivatives Exchange Ltd., Aayakar Bhavan, Maharshi Vs. First Floor, Ackruti Corporate Karve Road, Churchgate, Park, Lbs Marg, Near Ge Mumbai-400020. Garden, Kanjurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent Assessment Year: 2018-19 National Commodity & The Additional Derivatives Exchange Ltd., /Joint/Deputy/Asst. Cit15(2)(1), First Floor, Ackruti Vs. Aayakar Bhavan, Maharshi Karve Corporate Park, Lbs Marg, Road, Churchgate, Near Ge Garden, Mumbai-400020. Kanurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI RAHUL CHAUDHARY (JUDICIAL MEMBER) Assessment Year: 2017-18 National Commodity & The Asst. CIT-15(2)(1), Derivatives Exchange Ltd., Aayakar Bhavan, Maharshi Vs. First Floor, Ackruti Corporate Karve Road, Churchgate, Park, LBS Marg, Near GE Mumbai-400020. Garden, Kanjurmarg (W), Mumbai-400078. PAN NO. AABCN 7696 K Appellant Respondent Assessment Year: 2018-19 National Commodity & The Additional Derivatives Exchange Ltd., /Joint/Deputy/Asst. CIT15(2)(1), First Floor, Ackruti Vs. Aayakar Bhavan, Maha…

NATIONAL COMMODITY & DERIVATIVES EXCHANGE LIMITED,MUMBAI vs. THE ASSISTANT/DEPUTY COMMISSIONER OF INCOME TAX-15(2)(1) MUMBAI CIRCLE 15(1)(2), MUMBAI

In the result, the appeals are dismissed

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri B R Baskaran, Hon’Ble

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “B”, MUMBAI Before Justice (Retd.) C V Bhadang, Hon’ble President & Shri B R Baskaran, Hon’ble Accountant Member ITA Nos. 3807 & 3808/Mum/2023 Assessment Years : 2013-14 & 2014-15 National Commodity & Derivatives The Assistant/Deputy Exchange Limited, Commissioner of Income Tax, Vs. First Floor, Ackruti Corporate Park, 15(2)(1), Mumbai (Now Circle LBS Marg, Near GE Garden, 15(1)(2)). Kanjurmarg(W). Mumbai- 400 078. PAN AABCN7696K (Appellant) (Respondent) Appellant By : Shri Ketan Ved Respondent By : Shri Ashok Kumar Ambastha Date of Hearing : 23.04.2024 Da…

NATIONAL COMMODITY & DERIVATIVES EXCHANGE LIMITED ,MUMBAI vs. THE ASSISTANT/DEPUTY COMMISSIONER OF INCOME TAX, 15(2)(1), MUMBAI(NOW CIRCLE 15(1)(2), MUMBAI

In the result, the appeals are dismissed

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri B R Baskaran, Hon’Ble

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “B”, MUMBAI Before Justice (Retd.) C V Bhadang, Hon’ble President & Shri B R Baskaran, Hon’ble Accountant Member ITA Nos. 3807 & 3808/Mum/2023 Assessment Years : 2013-14 & 2014-15 National Commodity & Derivatives The Assistant/Deputy Exchange Limited, Commissioner of Income Tax, Vs. First Floor, Ackruti Corporate Park, 15(2)(1), Mumbai (Now Circle LBS Marg, Near GE Garden, 15(1)(2)). Kanjurmarg(W). Mumbai- 400 078. PAN AABCN7696K (Appellant) (Respondent) Appellant By : Shri Ketan Ved Respondent By : Shri Ashok Kumar Ambastha Date of Hearing : 23.04.2024 Da…

AFCONS SIBMOST JOINT VENT VENTURE,MUMBAI vs. ITO WARD 24 (1) (1) , MUMBAI

In the result, the appeal of assessee is allowed

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

…n identical facts it was held that credit for such TDS should be given in the year of deduction of TDS itself. This decision was followed in Zelan Projects Pvt. Ltd. v. DCIT ITA 1361/Hyd/2013 fel::pB- IS-ee]. Similarly, in Arvind Murjani Brands (P) Ltd.v. ITO 21 Taxmann.com 131 (Mum) E, it was held that where tax is deducted at source on an amount which is not at all chargeable to tax, command of section 199 will have to be harmoniously and pragmatically read as providing for allowing credit for tax deducted at source in the year of receipt of amount, in which the tax was deducted at source. 8 Afcons Sibmost Jo…

DY CIT-1(3)(2), MUMBAI vs. MAHARASHTRA STATE CO-OPERATIVE BANK LIMITED, MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is allowed partly assessee is allowed partly whereas the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2013-14

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI SANDEEP SINGH KARHAIL (JUDICIAL MEMBER) Assessment Year: 2013-14 M/s The Maharashtra State Co op. ITO-1(3)(3), Bank Ltd., Aayakar Bhavan, 9, Sir Vithaldas Thackersey Memorial Vs. M.K. Road, Bldg. Maharashtra Chamber of Mumbai-400020. Commerce Lane, Fort, Mumbai-400001. PAN No. AAAAT 4066 A Appellant Respondent Assessment Year: 2013-14 Dy. CIT-1(3)(2), M/s The Maharashtra State Co op. Room No. 540, 5th floor, Bank Ltd., Vs. Aayakar Bhavan, M.K. Road, 9, Sir Vithaldas Thackersey Mumbai-400020. Mem…

M/S THE MAHARASHTRA STATE CO. OP BANK LTD.,MUMBAI vs. ITO-1(3)(3), MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is allowed partly assessee is allowed partly whereas the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2013-14

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI SANDEEP SINGH KARHAIL (JUDICIAL MEMBER) Assessment Year: 2013-14 M/s The Maharashtra State Co op. ITO-1(3)(3), Bank Ltd., Aayakar Bhavan, 9, Sir Vithaldas Thackersey Memorial Vs. M.K. Road, Bldg. Maharashtra Chamber of Mumbai-400020. Commerce Lane, Fort, Mumbai-400001. PAN No. AAAAT 4066 A Appellant Respondent Assessment Year: 2013-14 Dy. CIT-1(3)(2), M/s The Maharashtra State Co op. Room No. 540, 5th floor, Bank Ltd., Vs. Aayakar Bhavan, M.K. Road, 9, Sir Vithaldas Thackersey Mumbai-400020. Mem…

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

…s received and on identical facts it was held that credit for such TDS should be given in the year of deduction of TDS itself. This decision was followed in Zelan Projects Pvt. Ltd. v. DClT ITA 1361/Hyd/2013 Similarly, in Arvind Murjani Brands (P.) Ltd.v. ITO 21 Taxmann.com 131 (Mum) E , it was held that where tax is deducted at source on an amount which is not at all chargeable to tax, command of section 199 will have to be harmoniously and pragmatically read as providing for allowing credit for tax deducted at source in the year of receipt of amount, in which the tax was deducted at source. 33. In respect of ad…

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

…s received and on identical facts it was held that credit for such TDS should be given in the year of deduction of TDS itself. This decision was followed in Zelan Projects Pvt. Ltd. v. DClT ITA 1361/Hyd/2013 Similarly, in Arvind Murjani Brands (P.) Ltd.v. ITO 21 Taxmann.com 131 (Mum) E , it was held that where tax is deducted at source on an amount which is not at all chargeable to tax, command of section 199 will have to be harmoniously and pragmatically read as providing for allowing credit for tax deducted at source in the year of receipt of amount, in which the tax was deducted at source. 33. In respect of ad…

ACIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, cross objection filed by the assessee is partly allowed

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…ion itself. 12. In support of the above submissions, Ld. AR placed reliance on the following decisions: - (i). ACIT v. Peddu Srinivas Rao ITA 324/Vizag/2009 (ii). Zelan Projects Pvt. Ltd. v. DCIT ITA 1361/Hyd/2013 (iii). Arvind Murjani Brands (P.) Ltd.v. ITO 21 Taxmann.com 131 (Mum) (iv). ACIT v.Patel KNR Joint Venture ITA 5230/Mum/2012 13. Ld. AR brought to our notice that the issue in appeal has been considered by the Co-ordinate Bench in assessee’s own case for the A.Y.2005-06 and decided the issue in favour of the assessee. Copy of the order is placed on record. Ld. AR prayed that the same may be adopted fo…

ACIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, cross objection filed by the assessee is partly allowed

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…ion itself. 12. In support of the above submissions, Ld. AR placed reliance on the following decisions: - (i). ACIT v. Peddu Srinivas Rao ITA 324/Vizag/2009 (ii). Zelan Projects Pvt. Ltd. v. DCIT ITA 1361/Hyd/2013 (iii). Arvind Murjani Brands (P.) Ltd.v. ITO 21 Taxmann.com 131 (Mum) (iv). ACIT v.Patel KNR Joint Venture ITA 5230/Mum/2012 13. Ld. AR brought to our notice that the issue in appeal has been considered by the Co-ordinate Bench in assessee’s own case for the A.Y.2005-06 and decided the issue in favour of the assessee. Copy of the order is placed on record. Ld. AR prayed that the same may be adopted fo…

TRANSTONMELSTROY AFCONS JOINT VENTURE,MUMBAI vs. DCIT 25 (1), MUMBAI

In the result, the assessee appeal is stands allowed for statistical purpose

…THE INCOME TAX APPELLATE TRIBUNAL “E” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Pavan Kumar Gadale (JM) I.T.A. No. 6283/Mum/2019 (Assessment Year 2011-12) Vs. DCIT-25(1) Transtonnelstory Afcons Joint Venture [Earlier JCIT-20(3)] 16, Afcons House, Shah Room No.202, 2nd Floor, Industrial Estate, Veera Kautilya Bhawan, BKC Desai Road, Andheri(W) Bandra(East) Mumbai-400 053 Mumbai-400 051 PAN : AACAT0119N (Appellant) (Respondent) Assessee by Shri J.D.Mistry Department by Vijay Kumar Menon Date of Hearing 04.05.2021 Date of Pronouncement 01.07.2021 O R D E R Per Shamim Yahya (AM) :- This appeal by the Assess…

ASST CIT CEN CIR 25, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal of revenue is dismissed, whereas cross objection of the assessee is allowed in part, in terms indicated hereinabove

…आयकर अपीऱीय अधिकरण, म ुंबई न्यायपीठ ‘सी’, म ुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL “C”, BENCH MUMBAI सर्वश्री आय.सी.शभमव, रेखम सदस्म एवुं श्री अभयजित ससिंह, न्ममयमक सदस्म BEFORE SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH, JM आमकय अऩीर सिं./ITA No.6605/Mum/2013 (नििाारण वषा / Assessment Year :2005-06) ACIT, CC-25, Mumbai Vs. M/s Patel Engineering Ltd., S.V.Road, Gogeshwari (W), Mumbai-400102 स्थममी रेखम सिं./ िीआइआय सिं./ PAN/GIR No. : AAACP 2567 L (अऩीरमथी /Appellant) (प्रत्मथी / Respondent) .. AND Cross Objection No.09/Mum/2015 (नििाारण वषा / Assessment Year :2005-06) M/s Patel Engineering Vs. ACIT, CC-25, Mu…