Kunhayyammed v. State of Kerala

GOVIND CORPORATION ,MUMBAI vs. DCIT CENTRAL CIRCLE 8(1), MUMBAI

In the result the appeal filed by the assessee stands\ndismissed

…of law was\nformulated by Hon'ble High Court of Delhi in the said case and\nthus, the same is nly dismissal in limine and on this\nproposition reliance is placed on the judgment of Hon'ble 15\nSupreme Court in the case of CIT vs Rashtradoot (HUF)\nreported in 412 ITR 17.\n(iii) That further, even on facts, the said order in the case of\nUdit Kalra vs ITO is distinguishable. As, the interim order of\nSEBI in the case of both the companies have been cooled down\nby subsequent orders of SEBI. Thus, the case of Udit Kalra vs\nITO relied by ld. DR is clearly distinguishable on facts and is\nnot applicable to the facts…

CHITRA AVDHESH MEHTA,MUMBAI vs. ITO 33 (1) (3), MUMBAI

In the result the appeal filed by the assessee stands\ndismissed

…of law was\nformulated by Hon'ble High Court of Delhi in the said case and\nthus, the same is nly dismissal in limine and on this\nproposition reliance is placed on the judgment of Hon'ble 15\nSupreme Court in the case of CIT vs Rashtradoot (HUF)\nreported in 412 ITR 17.\n(iii) That further, even on facts, the said order in the case of\nUdit Kalra vs ITO is distinguishable. As, the interim order of\nSEBI in the case of both the companies have been cooled down\nby subsequent orders of SEBI. Thus, the case of Udit Kalra vs\nITO relied by ld. DR is clearly distinguishable on facts and is\nnot applicable to the facts…

SHEELA ASHOK BAFNA,MUMBAI vs. ITO, WARD-20(3(3), MUMBAI

In the result, the appeal of the assessee is allowed

…permeating in the present appeal also and if there is difference on facts, then the judgment cannot be applied. In the judgment of Hon'ble Apex Court in Kunhayyammed vs State of Kerala reported in 245 ITR 360 and also in CIT vs. Rashtradoot (HUF) reported in 412 ITR 17, the Hon'ble Apex Court have held that if the High Court has not admitted the question of law, and has dismissed the appeal, then it is a case of dismissal in liminie. Even on merits and facts, the judgment of Udit Kalra vs ITO (supra) is distinguishable as in that case the company was into consistent losses, whereas, the scrip in which assessee h…

AJAY SHANKARLAL BANKDA,MUMBAI vs. DCIT, CIRCLE 16(2), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2484/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Ajay Shankarlal Bankda बिधम/ Dcit, Circle-16(2) B Wing 4301, Db Woods, Aayakar Bhavan, Vs. Gokuldham, Goregaon East, Maharshi Karve Marg Mumbai-400063. Road, New Marine Lines, Churchagate, Mumbai- 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpb2851J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri Anil Sant (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 08/03/2024 घोषणा की तारीख /Date Of Pronouncement: 22/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 21.06.2023 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.88,06,950/- Made By The Ao U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

…permeating in the present appeal also and if there is difference on facts, then the judgment cannot be applied. In the judgment of Hon’ble Apex Court in Kunhayyammed vs State of Kerala reported in 245 ITR 360 and also in CIT vs. Rashtradoot (HUF) reported in 412 ITR 17, the Hon’ble Apex Court have held that if the High Court has not admitted the question of law, and has dismissed the appeal, then it is a case of dismissal in liminie. Even on merits and facts, the judgment of Udit Kalra vs ITO (supra) is distinguishable as in that case the company was into consistent losses, whereas, the scrip in which assessee h…

NEETA RAJESH LODHA,MUMBAI vs. CIT (A), NFAC, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.408/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Neeta Rajesh Lodha बिधम/ Cit(Appeals)/Nfac 20/22, Shamseth Street, National Faceless Appeal, Vs. Zaveri Bazar, Mumbai- Centre (Nfac), Delhi. 400002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abdpl8053A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Neelkanth Khandelwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 19/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 20.12.2022 For The Assessment Year 2011-12. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.2,61,43,231/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act As Well As Upholding The Addition Of Rs.5,22,865/- As Commission (2% Of Sales Proceeds) For Arranging Bogus Ltcg U/S 69 Of The Act.

…permeating in the present appeal also and if there is difference on facts, then the judgment cannot be applied. In the judgment of Hon’ble Apex Court in Kunhayyammed vs State of Kerala reported in 245 ITR 360 and also in CIT vs. Rashtradoot (HUF) reported in 412 ITR 17, the Hon’ble Apex Court have held that if the High Court has not admitted the question of law, and has dismissed the appeal, then it is a case of dismissal in liminie. Even on merits and facts, the judgment of Udit Kalra vs ITO (supra) is distinguishable as in that case the company was into consistent losses, whereas, the scrip in which assessee h…

MR BHAVESH KANTILAL KUBADIA,MUMBAI vs. INCOME TAX OFFICER, WARD-21(1)(2) , MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.1490/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Mr. Bhavesh Kantilal बिधम/ Ito, Ward-21(1)(2) Kubadia Room No. 104, 1St Floor, Vs. 7, 2Nd Floor, Neminath Piramal Chamber, Building, S. K. Bole Road, Lalbaug, Parel, Mumbai- (Dadar (W), Mumbai- 400012. 400028. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Agrpk2377D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Neelkanth Khandelwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 19/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 24.04.2023 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Making An Addition Of Rs.77,02,597 U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act As Well As Upholding The Addition Of Rs.2,31,038/- As Commission (3% Of Ltcg) For Arranging Bogus Ltcg U/S 69 Of The Act.

…permeating in the present appeal also and if there is difference on facts, then the judgment cannot be applied. In the judgment of Hon’ble Apex Court in Kunhayyammed vs State of Kerala reported in 245 ITR 360 and also in CIT vs. Rashtradoot (HUF) reported in 412 ITR 17, the Hon’ble Apex Court have held that if the High Court has not admitted the question of law, and has dismissed the appeal, then it is a case of dismissal in liminie. Even on merits and facts, the judgment of Udit Kalra vs ITO (supra) is distinguishable as in that case the company was into consistent losses, whereas, the scrip in which assessee h…

SHEETAL RUPESH SALVA,MUMBAI vs. ITO, WARD-20(3)(3), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.95/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 09.12.2022 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.3,20,97,772/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

…and if there is difference on facts, then the judgment cannot be applied. In the judgment of Hon’ble Apex 36 A.Y. 2013-14 Sheetal Rupesh Savla Court in Kunhayyammed vs State of Kerala reported in 245 ITR 360 and also in CIT vs. Rashtradoot (HUF) reported in 412 ITR 17, the Hon’ble Apex Court have held that if the High Court has not admitted the question of law, and has dismissed the appeal, then it is a case of dismissal in liminie. Even on merits and facts, the judgment of Udit Kalra vs ITO (supra) is distinguishable as in that case the company was into consistent losses, whereas, the scrip in which assessee h…

SHEETAL RUPESH SALVA,MUMBAI vs. ITO, WARD-20(3)(3), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.94/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 07.12.2022 For The Assessment Year 2012-13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.73,11,760/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

…permeating in the present appeal also and if there is difference on facts, then the judgment cannot be applied. In the judgment of Hon’ble Apex Court in Kunhayyammed vs State of Kerala reported in 245 ITR 360 and also in CIT vs. Rashtradoot (HUF) reported in 412 ITR 17, the Hon’ble Apex Court have held that if the High Court has not admitted the question of law, and has dismissed the appeal, then it is a case of dismissal in liminie. Even on merits and facts, the judgment of Udit Kalra vs ITO (supra) is distinguishable as in that case the company was into consistent losses, whereas, the scrip in which assessee h…

KOMAL AGARWAL,MUMBAI vs. DY CIT -CC-7(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 645/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) Komal Agarwal बिधम / Dcit, Central Circle 7(3) 203, Ugam, N.S Road No.9, Room No 655, 6Th Floor, Vs. Jvpd Scheme, Juhu, Ville Ayakar Bhavan, M.K. Parle (W), Mumbai-400097 Road, Churchgate, Mumbai-400020 स्थधयी लेखध सं/.जीआइआर सं/.Pan/Gir No. : Ahwpr9295B (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) ..

…permeating in the present appeal also and if there is difference on facts, then the judgment cannot be applied. In the judgment of Hon’ble Apex Court in Kunhayyammed vs State of Kerala reported in 245 ITR 360 and also in CIT vs. Rashtradoot (HUF) reported in 412 ITR 17, the Hon’ble Apex Court have held that if the High Court has not admitted the question of law, and has dismissed the appeal, then it is a case of dismissal in liminie. Even on merits and facts, the judgment of Udit Kalra vs ITO (supra) is distinguishable as in that case the company was into consistent losses, whereas, the scrip in which assessee h…