Cheminvest Ltd. v. CIT

Jt. CIT(OSD)-2(3)(1), Mumbai vs. M/S Wavell Investment Pvt. Ltd., Mumbai

Appeal of the assessee is allowed for statistical purposes

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am M/S Wavell Investment Pvt. Ltd. Jt. Cit (Osd) 15, Mohindra House, 2(3)(1) Room No. 552, 5 Th Floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appellant) Pan No. Aaacw0598C M/S Wavell Investment Pvt. Ltd. Jt. Cit (Osd) 15, Mohindra House, 2(3)(1) Room No. 552, 5 Th Floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appellant) Assessee By : Ms Ritika Agarwal, Ar Revenue By : Shri Hoshang B. Irani, Dr Date Of Hearing: 09.06.2022 Date Of Pronouncement : 17.08.2022

…ITA nos. 1288 & 1644/Mum/2019 M/s Wavell Investment Pvt. Ltd.; A.Y. 5–16 IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JM AND SHRI PRASHANT MAHARISHI, AM M/s Wavell Investment Pvt. Ltd. Jt. CIT (OSD) 15, Mohindra House, 2(3)(1) Room no. 552, 5 th floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appellant) PAN No. AAACW0598C M/s Wavell Investment Pvt. Ltd. Jt. CIT (OSD) 15, Mohindra House, 2(3)(1) Room no. 552, 5 th floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appe…

Apl Logistics P.Ltd, Mumbai vs. DCIT 14(1)(1), Mumbai

In the result, appeal of the assessee is partly allowed

…operative from A.Y.2008-09. The fact that assessee has not earned any exempt income during the relevant period has not been rebutted by the Revenue. In the absence of exempt income no disallowance u/s. 14A of the Act is warranted [Re. Cheminvest Ltd. Vs. CIT, 378 ITR 33(Delhi)]. The assessee succeeds on this issue as well. 37. In the result, appeal of the Revenue is dismissed and the appeal of assessee is allowed. & 2917 M 15- APL Logistics (India) Pvt. Ltd. ITA No. 2917/Mum/2015 for AY 2009-10 (Assessee’s Appeal) 38. The ld. Counsel for the assessee submitted that in the present appeal, the assessee has raised…

Apl Logistics (India) P. Ltd, Mumbai vs. Asst CIT 10(1), Mumbai

In the result, appeal of the assessee is partly allowed

…operative from A.Y.2008-09. The fact that assessee has not earned any exempt income during the relevant period has not been rebutted by the Revenue. In the absence of exempt income no disallowance u/s. 14A of the Act is warranted [Re. Cheminvest Ltd. Vs. CIT, 378 ITR 33(Delhi)]. The assessee succeeds on this issue as well. 37. In the result, appeal of the Revenue is dismissed and the appeal of assessee is allowed. & 2917 M 15- APL Logistics (India) Pvt. Ltd. ITA No. 2917/Mum/2015 for AY 2009-10 (Assessee’s Appeal) 38. The ld. Counsel for the assessee submitted that in the present appeal, the assessee has raised…

Apl Logistics (India) P.Ltd, Mumbai vs. Asst CIT 10(1), Mumbai

In the result, appeal of the assessee is partly allowed

…operative from A.Y.2008-09. The fact that assessee has not earned any exempt income during the relevant period has not been rebutted by the Revenue. In the absence of exempt income no disallowance u/s. 14A of the Act is warranted [Re. Cheminvest Ltd. Vs. CIT, 378 ITR 33(Delhi)]. The assessee succeeds on this issue as well. 37. In the result, appeal of the Revenue is dismissed and the appeal of assessee is allowed. & 2917 M 15- APL Logistics (India) Pvt. Ltd. ITA No. 2917/Mum/2015 for AY 2009-10 (Assessee’s Appeal) 38. The ld. Counsel for the assessee submitted that in the present appeal, the assessee has raised…

DCIT 10(1), Mumbai vs. Apl Logistics (India) P. Ltd, Mumbai

In the result, appeal of the assessee is partly allowed

…operative from A.Y.2008-09. The fact that assessee has not earned any exempt income during the relevant period has not been rebutted by the Revenue. In the absence of exempt income no disallowance u/s. 14A of the Act is warranted [Re. Cheminvest Ltd. Vs. CIT, 378 ITR 33(Delhi)]. The assessee succeeds on this issue as well. 37. In the result, appeal of the Revenue is dismissed and the appeal of assessee is allowed. & 2917 M 15- APL Logistics (India) Pvt. Ltd. ITA No. 2917/Mum/2015 for AY 2009-10 (Assessee’s Appeal) 38. The ld. Counsel for the assessee submitted that in the present appeal, the assessee has raised…

DCIT 10(1), Mumbai vs. Apl Logistics (India ) P.Ltd, Mumbai

In the result, appeal of the assessee is partly allowed

…operative from A.Y.2008-09. The fact that assessee has not earned any exempt income during the relevant period has not been rebutted by the Revenue. In the absence of exempt income no disallowance u/s. 14A of the Act is warranted [Re. Cheminvest Ltd. Vs. CIT, 378 ITR 33(Delhi)]. The assessee succeeds on this issue as well. 37. In the result, appeal of the Revenue is dismissed and the appeal of assessee is allowed. & 2917 M 15- APL Logistics (India) Pvt. Ltd. ITA No. 2917/Mum/2015 for AY 2009-10 (Assessee’s Appeal) 38. The ld. Counsel for the assessee submitted that in the present appeal, the assessee has raised…

Apl Logistics (India) P. Ltd, Mumbai vs. ACIT 10(1), Mumbai

In the result, appeal of the assessee is partly allowed

…operative from A.Y.2008-09. The fact that assessee has not earned any exempt income during the relevant period has not been rebutted by the Revenue. In the absence of exempt income no disallowance u/s. 14A of the Act is warranted [Re. Cheminvest Ltd. Vs. CIT, 378 ITR 33(Delhi)]. The assessee succeeds on this issue as well. 37. In the result, appeal of the Revenue is dismissed and the appeal of assessee is allowed. & 2917 M 15- APL Logistics (India) Pvt. Ltd. ITA No. 2917/Mum/2015 for AY 2009-10 (Assessee’s Appeal) 38. The ld. Counsel for the assessee submitted that in the present appeal, the assessee has raised…

Dy Commissioner of Income Tax, Circle-8(2)(1), Mumbai-400020 vs. M/S. PAN India Network Infravest Lt., Mumbai-400018

Accordingly, order of Ld. CIT(A) is confirmed and ground raised by revenue are dismissed

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am आयकरअपीलसं./ I.T.A. No. 1061/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2017-18) M/S Pan India Network Dcit Cir-8(2)(1) Infravest Ltd. R. No. 624, 6Th Floor, बनाम/ Aayakar Bhavan, M. K. 135, Continental Vs. Road, Mumbai-400 020 Building, Dr. A. B. Road, Worli Mumbai-400 018 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaccp2459H (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Jay Bhansali, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Shri Shambhu Yadav, Ld. Dr सुनवधईकीतधरीख/ : 10.08.2022 Date Of Hearing घोर्णधकीतधरीख / : 10.08.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 28.01.2022, Passed By Ld. Cit(A)-49, Mumbai For The Quantum Of Assessment Passed U/S 143(3) For Ay 2017-18. The Revenue Has Taken The Following Grounds:-

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM & SHRI PRASHANT MAHARISHI, AM आयकरअपीलसं./ I.T.A. No. 1061/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2017-18) M/s Pan India Network DCIT Cir-8(2)(1) Infravest Ltd. R. No. 624, 6th floor, बनाम/ Aayakar Bhavan, M. K. 135, Continental Vs. Road, Mumbai-400 020 Building, Dr. A. B. Road, Worli Mumbai-400 018 स्थधयीलेखधसं./जीआइआरसं./ PAN No. AACCP2459H (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant by : Shri Jay Bhansali, Ld. AR प्रत्यथीकीओरसे/Respondent by : Shri Shambhu Yadav, Ld. DR सुनवधईकीतधरीख/ : 10.08.2022 Da…

M/S P N Writer & Co Pvt Ltd, Mumbai vs. Dy Commissioner of Income Tax Circle 7(1), Mumbai

Accordingly, the ground raised by the assessee is allowed

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am आयकरअपीलसं./ I.T.A. No. 1046/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2009-10) Dcit Cir-8(2)(1) M/S P. N. Writer & Co. R. No. 624, Aayakar Pvt. Ltd. बनाम/ 105, Writer, Dr. B. Bhavan, Ambedkar Road, Mumbai-400 021 Vs. Lalbaug, Mumbai-400 033 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaacp5966B (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Priyesh Gansotta, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Shri Shambhu Yadav, Ld. Dr सुनवधईकीतधरीख/ : 10.08.2022 Date Of Hearing घोर्णधकीतधरीख / : 10.08.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 22.03.2022, Passed By National Faceless

…the Hon'ble High Court follows the ratio and judgment of the Hon'ble Supreme Court in the case of Maxopp Investments Ltd. v. CIT [2018] 402 ITR 640/254 Taxman 325/91 taxmann.com 154 and the earlier judgments of the Delhi High Court in Cheminvest v. CIT [2015] 378 ITR 33/234 Taxman 761/61 taxmann.com 118 and CIT v. Holcim (P.) Ltd. [2015] 57 taxmann.com 28 (Delhi). 3 I.T.A. No. 1046/Mum/2022 M/s P. N. Writer & Co. Pvt. Ltd. 4. In the case of Reliance Ports and Terminals Ltd. (114 taxmann.com 529) (2020), the Hon'ble Bombay High Court has not entertained revenue's appeal on same basis and held as under: "4..... (d…