Mahindra Telecommunication Investment Pvt. Ltd. v. ITO

180 TTJ 434Income Tax Appellate Tribunal2016#11211 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2024.

Sections most often in play

Section 143(3)Section 147Section 14ASection 263

Issues it is cited on

section 244disallowance under section 14achange of opinionreason to believereopening of assessmentsection 14asection 263section 26reassessment proceedingsassistant commissionertransfersection 143

Judgments citing Mahindra Telecommunication Investment Pvt. Ltd. v. ITO

ACIT, Circle-46(1), New Delhi vs. Dabur Invest Corp, New Delhi

In the result, the appeals of the assessee are allowed whereas the appeals of the Revenue, having become infructuous, are dismissed

ITA 2452/DEL/2022[2016-17]Status: DisposedITAT Delhi28 Oct 2024AY 2016-17

Bench: Before Shri Saktijit Dey, Before Before Shri Saktijit Dey, Shri Saktijit Dey, Vice Shri Saktijit Dey, Vice & And & Shri M. Balaganesh Shri M. Balaganesh, Accountant Shri M. Balaganesh Shri M. Balaganesh Accountantmember Member

Section 147Section 14A

…proceedings for assessment year 2015-16, the Assessing Officer changed his stance and upon interpreting the joint venture agreement and relying upon the decision of the Coordinate Bench in the case of Mahindra Telecommunication Investment Pvt. Ltd. Vs. ITO – 180 TTJ 434, he held that the option money received from CUIH is revenue in nature and has to be treated as business income. Accordingly, he brought such receipt to tax. 5. Based on the view taken in assessment year 2015-16 by the Assessing Officer, the Commissioner of Income-tax initiated proceedings under Section 263 of the Act in assessment year 2013-14…

ACIT, Circle-46(1), New Delhi vs. Dabur Invest Corp., New Delhi

In the result, the appeals of the assessee are allowed whereas the appeals of the Revenue, having become infructuous, are dismissed

ITA 2451/DEL/2022[2012-13]Status: DisposedITAT Delhi28 Oct 2024AY 2012-13

Bench: Before Shri Saktijit Dey, Before Before Shri Saktijit Dey, Shri Saktijit Dey, Vice Shri Saktijit Dey, Vice & And & Shri M. Balaganesh Shri M. Balaganesh, Accountant Shri M. Balaganesh Shri M. Balaganesh Accountantmember Member

Section 147Section 14A

…proceedings for assessment year 2015-16, the Assessing Officer changed his stance and upon interpreting the joint venture agreement and relying upon the decision of the Coordinate Bench in the case of Mahindra Telecommunication Investment Pvt. Ltd. Vs. ITO – 180 TTJ 434, he held that the option money received from CUIH is revenue in nature and has to be treated as business income. Accordingly, he brought such receipt to tax. 5. Based on the view taken in assessment year 2015-16 by the Assessing Officer, the Commissioner of Income-tax initiated proceedings under Section 263 of the Act in assessment year 2013-14…

ACIT, Circle-46(1), New Delhi vs. Dabur Invest Corp., New Delhi

In the result, the appeals of the assessee are allowed whereas the appeals of the Revenue, having become infructuous, are dismissed

ITA 2450/DEL/2022[2011-12]Status: DisposedITAT Delhi28 Oct 2024AY 2011-12

Bench: Before Shri Saktijit Dey, Before Before Shri Saktijit Dey, Shri Saktijit Dey, Vice Shri Saktijit Dey, Vice & And & Shri M. Balaganesh Shri M. Balaganesh, Accountant Shri M. Balaganesh Shri M. Balaganesh Accountantmember Member

Section 147Section 14A

…proceedings for assessment year 2015-16, the Assessing Officer changed his stance and upon interpreting the joint venture agreement and relying upon the decision of the Coordinate Bench in the case of Mahindra Telecommunication Investment Pvt. Ltd. Vs. ITO – 180 TTJ 434, he held that the option money received from CUIH is revenue in nature and has to be treated as business income. Accordingly, he brought such receipt to tax. 5. Based on the view taken in assessment year 2015-16 by the Assessing Officer, the Commissioner of Income-tax initiated proceedings under Section 263 of the Act in assessment year 2013-14…

Dabur Invest Corp, New Delhi vs. JCIT, Range-46, New Delhi

In the result, the appeals of the assessee are allowed whereas the appeals of the Revenue, having become infructuous, are dismissed

ITA 2446/DEL/2022[2016-17]Status: DisposedITAT Delhi28 Oct 2024AY 2016-17

Bench: Before Shri Saktijit Dey, Before Before Shri Saktijit Dey, Shri Saktijit Dey, Vice Shri Saktijit Dey, Vice & And & Shri M. Balaganesh Shri M. Balaganesh, Accountant Shri M. Balaganesh Shri M. Balaganesh Accountantmember Member

Section 147Section 14A

…proceedings for assessment year 2015-16, the Assessing Officer changed his stance and upon interpreting the joint venture agreement and relying upon the decision of the Coordinate Bench in the case of Mahindra Telecommunication Investment Pvt. Ltd. Vs. ITO – 180 TTJ 434, he held that the option money received from CUIH is revenue in nature and has to be treated as business income. Accordingly, he brought such receipt to tax. 5. Based on the view taken in assessment year 2015-16 by the Assessing Officer, the Commissioner of Income-tax initiated proceedings under Section 263 of the Act in assessment year 2013-14…

Dabur Invest Corp, New Delhi vs. JCIT, Range-46, New Delhi

In the result, the appeals of the assessee are allowed whereas the appeals of the Revenue, having become infructuous, are dismissed

ITA 2445/DEL/2022[2012-13]Status: DisposedITAT Delhi28 Oct 2024AY 2012-13

Bench: Before Shri Saktijit Dey, Before Before Shri Saktijit Dey, Shri Saktijit Dey, Vice Shri Saktijit Dey, Vice & And & Shri M. Balaganesh Shri M. Balaganesh, Accountant Shri M. Balaganesh Shri M. Balaganesh Accountantmember Member

Section 147Section 14A

…proceedings for assessment year 2015-16, the Assessing Officer changed his stance and upon interpreting the joint venture agreement and relying upon the decision of the Coordinate Bench in the case of Mahindra Telecommunication Investment Pvt. Ltd. Vs. ITO – 180 TTJ 434, he held that the option money received from CUIH is revenue in nature and has to be treated as business income. Accordingly, he brought such receipt to tax. 5. Based on the view taken in assessment year 2015-16 by the Assessing Officer, the Commissioner of Income-tax initiated proceedings under Section 263 of the Act in assessment year 2013-14…

Dabur Invest Corp, New Delhi vs. JCIT, Range-46, New Delhi

In the result, the appeals of the assessee are allowed whereas the appeals of the Revenue, having become infructuous, are dismissed

ITA 2444/DEL/2022[2011-12]Status: DisposedITAT Delhi28 Oct 2024AY 2011-12

Bench: Before Shri Saktijit Dey, Before Before Shri Saktijit Dey, Shri Saktijit Dey, Vice Shri Saktijit Dey, Vice & And & Shri M. Balaganesh Shri M. Balaganesh, Accountant Shri M. Balaganesh Shri M. Balaganesh Accountantmember Member

Section 147Section 14A

…proceedings for assessment year 2015-16, the Assessing Officer changed his stance and upon interpreting the joint venture agreement and relying upon the decision of the Coordinate Bench in the case of Mahindra Telecommunication Investment Pvt. Ltd. Vs. ITO – 180 TTJ 434, he held that the option money received from CUIH is revenue in nature and has to be treated as business income. Accordingly, he brought such receipt to tax. 5. Based on the view taken in assessment year 2015-16 by the Assessing Officer, the Commissioner of Income-tax initiated proceedings under Section 263 of the Act in assessment year 2013-14…

Dabur Invest Corp, New Delhi vs. JCIT, Range-46, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 8058/DEL/2018[2015-16]Status: DisposedITAT Delhi11 Feb 2021AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Partially Through Video Conferencing) Dabur Invest Corp, The Joint Commissioner Of Vs. 4Th Floor, Punjabi Bhawan, 10, Income Tax , Rouse Avenue, New Delhi Range-46, Pan: Aaadfd2529G New Delhi (Appellant) (Respondent)

For Appellant: Shri M. P. Rastogi, AdvFor Respondent: Shri G. C. Srivastava, Adv
Section 143Section 4

…f the coordinate bench in 159 ITD 600 (Mum). 12. Assessee submitted on 29th of December 2017 stating that the decisions cited by the learned assessing officer in case of Mahindra Telecommunications Investment Private Limited Versus Income Tax Officer – [2016] 180 TTJ 434 (159 ITD 600 (Mum) is completely on different case and easily distinguishable on the facts of the above case. The assessee explained the facts of that case and distinguished it by submitting a table with the facts of the case of the assessee. Main point of distinction raised by the assessee is that i. The value of exit in case of assessee is link…

Dabur Invest Corp, New Delhi vs. Prcit-16, New Delhi

In the result, the appeals of the assessee in ITA Nos

ITA 1764/DEL/2018[2014-15]Status: DisposedITAT Delhi11 Mar 2019AY 2014-15

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2013-14] & [A.Y 2014-15]

For Appellant: Shri M.P. Rastogi, AdvFor Respondent: Shri G.C. Srivastava, Sr Adv
Section 263

…r 2013-14 and 2014-15 to make the assessment orders framed u/s 143(3) of the Act as erroneous and prejudicial to the interest of the revenue. Reliance placed on the judgment of the Tribunal in the case of Mahendra Telecommunication Investment Pvt. Ltd Vs. ITO 180 TTJ 434 is premature as the same is not applicable for the year under consideration. 53. Since the transfer of shares took place in F.Y. 2016-17 relevant to assessment year 2017-18, the Assessing Officers in the earlier assessment years rightly took a view that capital gains, if any, would arise in F.Y. 2016-17 and, therefore, did not take any adverse v…

Dabur Invest Corp, New Delhi vs. Prcit-16, New Delhi

In the result, the appeals of the assessee in ITA Nos

ITA 1763/DEL/2018[2013-14]Status: DisposedITAT Delhi11 Mar 2019AY 2013-14

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2013-14] & [A.Y 2014-15]

For Appellant: Shri M.P. Rastogi, AdvFor Respondent: Shri G.C. Srivastava, Sr Adv
Section 263

…r 2013-14 and 2014-15 to make the assessment orders framed u/s 143(3) of the Act as erroneous and prejudicial to the interest of the revenue. Reliance placed on the judgment of the Tribunal in the case of Mahendra Telecommunication Investment Pvt. Ltd Vs. ITO 180 TTJ 434 is premature as the same is not applicable for the year under consideration. 53. Since the transfer of shares took place in F.Y. 2016-17 relevant to assessment year 2017-18, the Assessing Officers in the earlier assessment years rightly took a view that capital gains, if any, would arise in F.Y. 2016-17 and, therefore, did not take any adverse v…