National Leather Cloth Manufacturing Co. v. Indian Council of Agricultural Research

ACIT - 14(1)(2), Mumbai vs. D Thakkar Developers Pvt. Ltd., Mumbai

In the result, both the appeals are partly allowed for statistical purposes

Bench: Smt. Beena Pillai & Smt. Renu Jauhrid Thakkar Developers Pvt. V/S. Dcit 14(1)(2), Mumbai Ltd. बनाम Aayakar Bhavan, D1 & D2, 4Th Floor, Court Churchgate, Mumbai Chambers, Vitthaldas Maharashtra-400020 Thackersey Marg, 35 New Marine Lines, Marine Lines, Maharashtra-400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcp6396E Appellant/अपीलार्थी .. Respondent/प्रतिवादी Acit 14(1)(2), Mumbai V/S. D Thakkar Developers Pvt. Room No. 455, 4Th Floor, बनाम Ltd. Aayakar Bhavan, M K. 1105/1106, Universal Road, Mumbai Magestic, Behind Rbk Maharashtra-400020 International School, P. L. Lokhande, Marg, Chembur West, Mumbai-400043 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcp6396E Appellant/अपीलार्थी .. Respondent/प्रतिवादी

…etwork of brokers and accommodation entry providers and the assessee was one of the donors involved in it. 10. Ld. AR has placed reliance on the decision of the Hon’ble Bombay High Court in the case of National Leather Cloth Manufacturing Co. v/ss ICAR (2008) 241 ITR 482. However, in that case, it was held that the claim of deduction u/s 35(i)(ii) in respect of donation made to an institution, relying upon the certificate granted by the prescribed authority, cannot be subsequently rejected simply because the certificate is retrospectively withdrawn/cancelled later on. But in the present case, the facts are entire…

ACIT-14(1)(2), Mumbai vs. Ashitkumar Gunvantrai Shah, Mumbai

In the result, appeal of the revenue and cross-objection filed by the assessee are dismissed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailassessment Year: 2014-15

…have perused the ITA No.1914/Mum/2024 & C.O. No. 112/Mum/2024 Ashitkumar Gunvantrai Shah A.Y. 2014-15 decision of Hon’ble Jurisdictional High Court in the case of National Leather Cloth Manufacturing Company Vs. Indian Council Agricultural Research & Others, 241 ITR 482 (Bom) wherein held that the assessee was entitled to relief on the certificate granted by the prescribed authority u/s 35(1)(ii) of the Act to the institution to which it donated the sum of money for claiming deduction under that section if it was subsisting and valid at the time the donation was made. The retrospective withdrawal or cancellation…

Ravindra K Reshamwala, Mumbai vs. The Deputy Comm. of Income Tax 17(1), Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri Kuldip Singh() & Shri Amarjit Singh ()

…1 ITA 2649/Mum/2022 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI KULDIP SINGH(JUDICIAL MEMBER) AND SHRI AMARJIT SINGH (ACCOUNTANT MEMBER) ITA 2649/Mum/2022 (Assessment year 2014-15) Shri Ravindra K Reshamwala vs The Deputy Commissioner of 7/A, Pil Court, 111, Maharshi Karve Income-tax 17(1), Kautilya Road, Churchgate, Mumbai-400 020 Bhawan, Bandra Kurla Complex PAN : AAAFR2227C Bandra (East), Mumbai-400 051 APPELLANT RESPONDENT Assessee represented by Shri Piyush Chajjad Department represented by Smt. Mahita Nair – Sr AR. CIT Date of hearing 13/02/2023 Date of pronouncement 21/…

Kitir Laxmichand Lapsia, Mumbai vs. ACIT 17(2), Mumbai

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

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhkirit Laxmichand Lapsia Vs. Acit-17(2) A-43, Bharat Thirth Chs, R.No. 137, Aayakar V. N. Purav Marg, Bhavan, M.K. Road, Chembur – 400 071 Mumbai - 400020

…donation given in the F.Y. 2013-14 was qualified for exemption and he has placed reliance on the decision of jurisdictional High Court and ITAT in the case of i.e (i) National Leather Cloth Manufacturing Co. V. Indian Council of Agricultural Research & Others 241 ITR 482 (Bom); (ii) Vora Financial Services (P) Ltd. Vs. Assistant Commissioner of Income Tax 171 ITD 646; (iii) Motilal Dahyabhai Jhaveri & Sons Vs. ACIT, ITA No. 3453/Mum/2018 & 1584/Mum/2019; (iv) Urmish Jewellers Vs. ACIT, 177 ITD 364. On the other hand, the ld. D.R has supported the order of the A.O. and ld. CIT(A). 5. Heard both the sides and perus…

M/S Suindu & Co., Mumbai vs. Asst. CIT 17(3), Mumbai

In the result, the appeal of the assessee is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm The Asst. Commissioner Of M/S Suindu & Co. Income-Tax, 17(3), 33, Jupiter Bldg Cuffe Parade Aayakar Bhaan M.K. Road, Vs. Mumbai-400 005 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aacfs5934P

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI PAVAN KUMAR GADALE, JM The Asst. Commissioner of M/s Suindu & co. Income-tax, 17(3), 33, Jupiter Bldg Cuffe Parade Aayakar Bhaan M.K. Road, Vs. Mumbai-400 005 Mumbai-400 020 (Appellant) (Respondent) PAN No. AACFS5934P Assessee by : None Revenue by : Shri Hoshang B. Irani, DR Date of hearing: 14.03.2022 Date of pronouncement : 25.03.2022 O R D E R PER PRASHANT MAHARISHI, AM: 01. This appeal is filed by the assessee against the order passed by the learned Commissioner of Income Tax (Appeals)-28, Mumbai [in short…

M/S Govindram & Co., Mumbai vs. Asst. CIT 17(1), Mumbai

In the result, the appeal for Assessment Year 2010-11 is also dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

…the time of giving all the donation the donor was doing all social work activity. Assessee has also relied on the decision of the Hon'ble Bombay High Court in case of National Leather Cloth Manufacturing Co. Vs. Indian Council of Agricultural Research [2000] 241 ITR 482 (Bombay). The learned Assessing Officer rejected the explanation of the assessee stating that it is not a case of withdrawal of registration of the trust but it is a case of tax fraud committed by the donors, who were actually the beneficiary of these bogus donation and cash was returned to them. The assessee was asked to produce the parties. The…

M/S Govindram & Co., Mumbai vs. Asst. CIT 17(1), Mumbai

In the result, the appeal for Assessment Year 2010-11 is also dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

…the time of giving all the donation the donor was doing all social work activity. Assessee has also relied on the decision of the Hon'ble Bombay High Court in case of National Leather Cloth Manufacturing Co. Vs. Indian Council of Agricultural Research [2000] 241 ITR 482 (Bombay). The learned Assessing Officer rejected the explanation of the assessee stating that it is not a case of withdrawal of registration of the trust but it is a case of tax fraud committed by the donors, who were actually the beneficiary of these bogus donation and cash was returned to them. The assessee was asked to produce the parties. The…

Krossover Entertainment Pvt Ltd, Mumbai vs. Dy CIT 12(3)(1), Mumbai

In the result, appeal filed by the assessee is allowed

…e parties and perused the records. Learned Counsel of the assessee submitted that the issue is duly covered in favour of the assessee by several decisions as under :- 1 Chotatingrai Tea (2002) 258 ITR 529 (SC) 2 National Leather Cloth Manufacturing Co (2000) 241 ITR 482 (Bom) 3 Urnish Jewellers ITA No. 1583/Mum/20I9 (Mum-Trib) 4 Shirish Lakhamshi Keniya (HUF) ITA No. 5385/Mum/2018 (Mum-Trib) 5 Thakkar Govindbhai Ganpatlal (HUF) Tax Appeal No 881 of 2013 (Guj) 6 Raj da Polymers ITA No. 333/Kol/2017 (Kol-Trib) 7 Maco Corporation (India) Pvt Ltd. ITA No. 16/Kol/2017 (Kol-Trib) 14. Per contra learned Departmental R…

M/S Hypack Industries, Mumbai vs. ACIT 26 (1), Mumbai

In the result, appeal by the assessee is partly allowed in the terms aforesaid

Bench: Shri Vikas Awasthyआअसं. 5713/मुं/2019 ("न.व 2012-13) आअसं. 5714/मुं/2019 ("न.व 2014-15)

…आयकर अपील"य अ"धकरण मुंबई पीठ “एस एम सी” , मुंबई "ी "वकास अव"थी, "या"यक सद"य के सम" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC ”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं. 5713/मुं/2019 ("न.व 2012-13) आअसं. 5714/मुं/2019 ("न.व 2014-15) ITA NO.5714/MUM/2019(A.Y 2014-15) M/s. Hypack Industries, 1301/B, 13th Floor, Dosti Elite, Near Champaklal Estate,Opp. SIES College, Sion East, Mumbai 400 022 PAN-AACFH-0517-K ...... अपीलाथ" /Appellant बनाम Vs. Asstt. Commissioner of Income Tax-26(1), Kautilya Bhawan, BKC, Bandra(E),Mumbai – 400 051 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant by :…

DCIT-CC-8(1), Mumbai vs. Sopariwala Export Private Limited, Mumbai

Accordingly, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman () & Shri Ravish Sood () Dcit, Cc-8(1) Sopariwala Exports Private Ltd., 21St Floor, Nirmal Room No. 656, Vs. 6Th Floor, Aayakar Bhavan, Building, Nariman Point, M.K. Road, Mumbai - 400021 Mumbai – 400 020

…s respectfully submitted that Assessee is entitled to the benefit of Explanation to Section 35(1)(ii) and the issue is covered by the decision of the Bombay high court in National Leather Cloth Manufacturing Co. v Indian Council of Agricultural Research 1200] 241 ITR 482 (Bom) (HC) which has held that, law is now well-settled that the assessee is entitled to rely upon them certificate granted by the prescribed authority under section 35(l)(ii) to the institution or association to which it has donated any sum of money for claiming deduction under that section if it was subsisting and valid at the time the donation…

DCIT-CC-8(1), Mumbai vs. Soex India Private Limited, Mumbai

Accordingly, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman () & Shri Ravish Sood () Dcit, Cc-8(1) Soex India Pvt. Ltd., Room No. 656, Vs. 21St Floor, Nirmal Building, 6Th Floor, Aayakar Bhavan, Nariman Point, M.K. Road, Mumbai - 400021 Mumbai – 400 020

…s respectfully submitted that Assessee is entitled to the benefit of Explanation to Section 35(1)(ii) and the issue is covered by the decision of the Bombay high court in National Leather Cloth Manufacturing Co. v Indian Council of Agricultural Research [200] 241 ITR 482 (Bom) (HC) which has held that "Law is now well-settled that the assessee is entitled to rely upon the certificate granted by the prescribed authority under section 35(l)(ii) to the institution or association to which it had donated any sum of money for claiming deduction under that section if it was subsisting and valid at the time the donation…

Mudra Share Stock Brokers Ltd., Mumbai vs. ITO Ward 4(3)(3), Mumbai

In the result is appeal by the assessee stands partly allowed

…THE INCOME TAX APPELLATE TRIBUNAL “D” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Amarjit Singh (JM) I.T.A. No. 2363/Mum/2019 (Assessment Year 2013-14) Mudra Share and ITO Ward 4(3)(3) Vs. Stock Brokers Limited Room No. 629 302, 3rd Floor Aayakar Bhavan Vaastu Darshan M.K. Road Azad Road, Andheri-E Mumbai-400 020. Mumbai-400 069. PAN : AAACM8220H (Appellant) (Respondent) Assessee by Shri Prakash Jhunjhunwala Department by Shri Akhtar H. Ansari Date of Hearing 13.10.2020 Date of Pronouncement 01.12.2020 O R D E R Per Shamim Yahya (AM) :- This appeal by the assessee is directed against order of Learned Comm…

Saroj Plantations Private Limited, Mumbai vs. Income Tax Officer, Ward 2(3)(2), Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Rajesh Kumar & Shri Saktijit Deyassessment Year: 2010-11

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER Assessment Year: 2010-11 M/s. Saroj Plantations Income Tax Officer, Pvt. Ltd., Ward 2(3)(2), 3rd Floor, Brady House, 581A, 12/14, Veer Nariman Vs. Aayakar Bhavan, Road, M.K. Road, Fort, Mumbai - 400020 Mumbai – 400 001 PAN: AAICS2006B (Appellant) (Respondent) Present for: Assessee by : Shri A.K. Ghosh, A.R. Revenue by : Shri Manish Kumar Singh, D.R. Date of Hearing : 20.03.2019 Date of Pronouncement : 05.04.2019 O R D E R Per Rajesh Kumar, Accountant Member: Th…