Batliwala & Karani v. ACIT

2 SOT 279Income Tax Appellate Tribunal2005#17138 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 348,627 Indian tax judgments — from 2016 to 2017.

Judgments citing Batliwala & Karani v. ACIT

Patel Pratibha Jv, Mumbai vs. ITO 31(2)(5), Mumbai

ITA 678/MUM/2017[2013-14]Status: DisposedITAT Mumbai31 Mar 2017AY 2013-14

Bench: Shri G.S.Pannu & Shri Saktijit Dey

For Appellant: Shri Harsh Wardhan DatarFor Respondent: Shri Rajat Mittal
Section 143(3)Section 147Section 40A(2)Section 40A(2)(b)Section 80Section 80I

…were available to assessee at lower price than what was paid to the sister concern for getting the work done. After discussing the facts in detail, the CIT(A) has also applied the decision of ITAT Mumbai bench in the case of Batliwala & Karani Vs. ACIT (2005) 2 SOT 279, wherein it has been held that unless there is a clear finding that market value of services taken from sister concern is less than the price at which services are obtained, there cannot be an occasion to apply disabling provisions of Section 40A(2). The detailed findings so recorded by CIT(A) are as per material on record, therefore, do not requir…

Patel Pratibha Jv, Mumbai vs. ITO 31(2)(5), Mumbai

ITA 677/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Mar 2017AY 2012-13

Bench: Shri G.S.Pannu & Shri Saktijit Dey

For Appellant: Shri Harsh Wardhan DatarFor Respondent: Shri Rajat Mittal
Section 143(3)Section 147Section 40A(2)Section 40A(2)(b)Section 80Section 80I

…were available to assessee at lower price than what was paid to the sister concern for getting the work done. After discussing the facts in detail, the CIT(A) has also applied the decision of ITAT Mumbai bench in the case of Batliwala & Karani Vs. ACIT (2005) 2 SOT 279, wherein it has been held that unless there is a clear finding that market value of services taken from sister concern is less than the price at which services are obtained, there cannot be an occasion to apply disabling provisions of Section 40A(2). The detailed findings so recorded by CIT(A) are as per material on record, therefore, do not requir…

Patel Pratibha Jv, Mumbai vs. ITO 31(2)(5), Mumbai

ITA 676/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Mar 2017AY 2009-10

Bench: Shri G.S.Pannu & Shri Saktijit Dey

For Appellant: Shri Harsh Wardhan DatarFor Respondent: Shri Rajat Mittal
Section 143(3)Section 147Section 40A(2)Section 40A(2)(b)Section 80Section 80I

…were available to assessee at lower price than what was paid to the sister concern for getting the work done. After discussing the facts in detail, the CIT(A) has also applied the decision of ITAT Mumbai bench in the case of Batliwala & Karani Vs. ACIT (2005) 2 SOT 279, wherein it has been held that unless there is a clear finding that market value of services taken from sister concern is less than the price at which services are obtained, there cannot be an occasion to apply disabling provisions of Section 40A(2). The detailed findings so recorded by CIT(A) are as per material on record, therefore, do not requir…

Patel Pratibha Jv, Mumbai vs. DCIT 24(1), Mumbai

ITA 675/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Mar 2017AY 2008-09

Bench: Shri G.S.Pannu & Shri Saktijit Dey

For Appellant: Shri Harsh Wardhan DatarFor Respondent: Shri Rajat Mittal
Section 143(3)Section 147Section 40A(2)Section 40A(2)(b)Section 80Section 80I

…were available to assessee at lower price than what was paid to the sister concern for getting the work done. After discussing the facts in detail, the CIT(A) has also applied the decision of ITAT Mumbai bench in the case of Batliwala & Karani Vs. ACIT (2005) 2 SOT 279, wherein it has been held that unless there is a clear finding that market value of services taken from sister concern is less than the price at which services are obtained, there cannot be an occasion to apply disabling provisions of Section 40A(2). The detailed findings so recorded by CIT(A) are as per material on record, therefore, do not requir…

ACIT/DCIT 31(2), Mumbai vs. Patel Pratibha Jv, Mumbai

In the result, appeal of the revenue is dismissed

ITA 200/MUM/2015[2010-11]Status: DisposedITAT Mumbai28 Sept 2016AY 2010-11
For Appellant: Shri Harshwardhan DatarFor Respondent: Shri Pradeep Kumar
Section 143(3)Section 40A(2)Section 41Section 44A

…red by the assessee and invoked the. rate of profit specified under section 44AD though provisions of this section are not applicable to the assessee. 4.5. The appellant also relied on the judgement of Hon'ble Mumbai ITAT in Batliwala & Karani Vs. ACIT (2005) 2 SOT 279 wherein it was held: "Unless there is a clear finding that market value of services taken from sister concern is less than price at which services are obtained, there cannot be occasion to apply disabling sections of 40A(2). This exercise, therefore, necessitates a finding about the fair market value of such services. For this reason alone, the dis…

Batliwala & Karani v. ACIT (2 SOT 279) — Cited in 5 Judgments | BharatTax