CIT v. Smt. Nirmalabai K. Davekar

ACIT(Ltu-1), Mumbai vs. M/S. Tcs Ltd, Mumbai

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

…A 5904/Mum/2019 M/s TCS Ltd decision available on the issue, it will be binding when there is no contrary decision of another High Court is available. For such proposition, he relied upon the following decisions:- i) CIT v/s Smt. Nirmalabai K. Davekar, [1990] 186 ITR 242 (Bom.) Tata Consultancy Services Ltd. ii) CIT v/s Highway Construction Co. Pvt. Ltd., [1996] 217 ITR 234 (Gauhati); and iii) CIT v/s Maganlal Mohanlal Panchan (HUF), [1994] 210 ITR 580 (Guj.). 30. The learned Departmental Representative strongly relying upon the observations of the Assessing Officer submitted, since all income of section 10A/10AA…

Tata Consultancy Serrvices Limited, Mumbai vs. DCIT-1, Mumbai

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

…A 5904/Mum/2019 M/s TCS Ltd decision available on the issue, it will be binding when there is no contrary decision of another High Court is available. For such proposition, he relied upon the following decisions:- i) CIT v/s Smt. Nirmalabai K. Davekar, [1990] 186 ITR 242 (Bom.) Tata Consultancy Services Ltd. ii) CIT v/s Highway Construction Co. Pvt. Ltd., [1996] 217 ITR 234 (Gauhati); and iii) CIT v/s Maganlal Mohanlal Panchan (HUF), [1994] 210 ITR 580 (Guj.). 30. The learned Departmental Representative strongly relying upon the observations of the Assessing Officer submitted, since all income of section 10A/10AA…

Tata Consultancy Services Ltd, Mumbai vs. ACIT Large Tax Payer Unit-1, Mumbai

797/Mum/2018

…owever, this being the only decision available on the issue, it will be binding when there is no contrary decision of another High Court is available. For such proposition, he relied upon the following decisions:- i) CIT v/s Smt. Nirmalabai K. Davekar, [1990] 186 ITR 242 (Bom.) Tata Consultancy Services Ltd. ii) CIT v/s Highway Construction Co. Pvt. Ltd., [1996] 217 ITR 234 (Gauhati); and iii) CIT v/s Maganlal Mohanlal Panchan (HUF), [1994] 210 ITR 580 (Guj.). 30. The learned Departmental Representative strongly relying upon the observations of the Assessing Officer submitted, since all income of section 10A/10AA…

Idea Cellular Ltd, Mumbai vs. ITO (TDS) 1(2)(4), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Shri Rajesh Kumarita No. 3785/Mum/2016 For (Assessment Year 2012-13) M/S. Vodafone Idea Ltd. Ito (Tds)-1(2)(4), (Formerly Known As Idea 803, K.G. Mittal Ayurvedic Cellular Ltd.), Skyline Icon, Vs. Hospital Building, 1St Floor, 86/92 Andheri Kurla Charni Road (W), Road, Marol Naka, Andheri Mumbai-400002. (E), Mumbai-400059. Pan: Aaacb2100P Appellant Respondent

…, that was the only decision in the field and, therefore, in view of what the Bombay 16 ITA No. 3785 Mum 2016-M/s. Vodafone Idea Ltd. High Court has held in CIT v. Smt. Godavaridevi Saraf (19781 113 ITR 589 mom) and CIT v. Smt. Nirmalabai K. Darekar (1990) 186 ITR 242 (BomX the Tribunal was bound to follow the said judgment of the Madras High Court. It, therefore, cannot be said that the Tribunal committed an error in following the said judgment of the Madras High Court. In view of the said decision of the Madras High Court, the only course which the Tribunal could have followed was to direct the ITO to consid…

Tata Consultancy Services Ltd, Mumbai vs. Addl CIT Ltu -1, Mumbai

In the result, Revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

…IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA no.5713/Mum./2016 (Assessment Year : 2009–10) Tata Consultancy Service Ltd. 9th Floor, Nirmal Building ……………. Appellant Nariman Point, Mumbai 400 021 PAN – AAACR4849R v/s Asstt. Commissioner of Income Tax ……………. Respondent Large Taxpayer Unit–1, Mumbai IT(TP)A no.5823/Mum./2016 (Assessment Year : 2009–10) Asstt. Commissioner of Income Tax ……………. Appellant Large Taxpayer Unit–1, Mumbai v/s Tata Consultancy Service Ltd. 9th Floor, Nirmal Building ……………. Respondent Narima…

DCIT TDS 1(1), Mumbai vs. Bharat Business Channels Ltd, Mumbai

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

Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm

…IN THE INCOME TAX APPELLATE TRIBUNAL “ B ”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI RAM LAL NEGI, JM ITA No.7047/Mum/2012 & 7048/Mum/2012 (Assessment Year :2010-11 & 2011-12) Jt.CIT(TDS)-OSD-2(3) Vs. M/s. Bharat Business Channels Room No.718, 7th Floor Ltd., Smt. K.G.Mittal Ayurvedic 171/C, Mittal Court Hospital Building Nariman Point Charni Road, Mumbai – 400 021 Mumbai -400 002 PAN/GIR No. AACCB1409R Appellant) Respondent) .. ITA No.7200/Mum/2012 & 7201/Mum/2012 (Assessment Year :2010-11 & 2011-12) M/s.Videocon d2h Limited Vs. DCIT(TDS)-1(1) Formerly known as Bharat Mumbai Business Channels Ltd., 171/C,…

M/S. Tata Industries Ltd, Mumbai vs. The ITO 2(3)(3), Mumbai

In the result, appeal of the assessee is treated as partly allowed

Bench: Shri G. S. Pannu, Accoutant Member & Shri Sanjay Gargtata Industries Ltd., Vs. The Income Tax Officer, Ward- Bombay House,24,Homi 2 (3) (3), Room No.555, Mody Street, Fort, Mumbai Aayakar Bhavan, Maharshi 400 001 Karve Road, Mumbai 400 020 Pan: Aaact 4058 L Appellant .. Respondent Appellant By Shri Dinesh Vyas, Ar Respondent By Shri Alok Johri, Dr Date Of Hearing 22-06-2016 Date Of Pronouncement 20-07-2016

…contrary decision of any other High Court on that question. In the absence of contrary High Court judgments, the above decisions of Delhi High Court (Joint Investments) and Punjab & Haryana High Court (Empire Package) should be followed. 1. Smt. Nirmalabai K 186 ITR 242 (Bom) 2. Smt. Godavaridevi Saraf 113 ITR 589 ()Bom) 3. Highway Construction 217 ITR 234 (Gauhati) 4. Maganlal Mohanlal 210 ITR 580 (Gujarat) NO TAX WITHOUT AUTHORITY OF LAW – TRIBUNAL CAN GIVE RELIEF EVEN IF AMOUNT OFFERED TO TAX IN THE RETURN OF INCOME 6. Article 265 of the Constitution in unmistakable terms provides that no tax shall be levied…