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2,022 results for “TDS”+ Section 10(34)clear

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Key Topics

Section 4076Section 143(3)57Addition to Income53Disallowance47Section 14A37Deduction36Section 80I31TDS28Section 14724Section 194C

MILESTONE REAL ESTATE FUND,MUMBAI vs. PR.CIT-25, MUMBAI, MUMBAI

In the result, assessee’s appeal is allowed

ITA 2509/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Aug 2018AY 2013-14

Bench: Shri Saktijit Dey & Shri N.K Pradhanmilestone Real Estate Fund 402–A, Hallmark Business Plaza Sant Dhyaneshwar Marg ……………. Appellant Bandra, Mumbai 400 051 Pan – Aaati5880L V/S Asstt. Commissioner Of Income Tax ……………. Respondent Circle–25(3), Mumbai Assessee By : Shri J.D. Mistry, Sr. Counsel A/W Shri Madhur Agarwal Revenue By : Shri Anand Mohan

For Appellant: Shri J.D. Mistry, Sr. Counsel a/wFor Respondent: Shri Anand Mohan
Section 10Section 115USection 263

TDS made on distribution of income to beneficiary investors. In response to above queries, the assessee vide reply dated 22nd February 2016 furnished all the required details as called for by the Assessing Officer including the quarterly reports submitted to the SEBI, copy of statement in Form no.64, registration certificate issued 30 Milestone Real Estate Fund by the SEBI, fund

Showing 1–20 of 2,022 · Page 1 of 102

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Section 14818
Section 20116

TATTWAJNANA VIDYAPEETH,MUMBAI vs. DCIT (E)-2(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed

ITA 4798/MUM/2024[2010-11]Status: DisposedITAT Mumbai27 Nov 2024AY 2010-11

Bench: Shri Sandeep Gosain, Hon’Ble & Shri Prabhash Shankar, Hon’Ble

For Appellant: Shri Rajesh Shah, A/RFor Respondent: Shri Raj Singh Meel, Sr. D/R
Section 10Section 10(34)Section 147

34) and 10(1) of the Act respectively. The AO denied the said exemption under section 10 as 10(1) of the Act respectively. The AO denied the said exemption under section 10 as 10(1) of the Act respectively. The AO denied the said exemption under section 10 as claimed by the assessee and invoked the provision of section

TATTWAJNANA VIDYAPEETH,MUMBAI vs. DCIT(E)-2(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed

ITA 4800/MUM/2024[2009-10]Status: DisposedITAT Mumbai27 Nov 2024AY 2009-10

Bench: Shri Sandeep Gosain, Hon’Ble & Shri Prabhash Shankar, Hon’Ble

For Appellant: Shri Rajesh Shah, A/RFor Respondent: Shri Raj Singh Meel, Sr. D/R
Section 10Section 10(34)Section 147

34) and 10(1) of the Act respectively. The AO denied the said exemption under section 10 as 10(1) of the Act respectively. The AO denied the said exemption under section 10 as 10(1) of the Act respectively. The AO denied the said exemption under section 10 as claimed by the assessee and invoked the provision of section

TATTWAJNANA VIDYAPEETH,MUMBAI vs. DCIT (E)-2(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed

ITA 4799/MUM/2024[2011-12]Status: DisposedITAT Mumbai27 Nov 2024AY 2011-12

Bench: Shri Sandeep Gosain, Hon’Ble & Shri Prabhash Shankar, Hon’Ble

For Appellant: Shri Rajesh Shah, A/RFor Respondent: Shri Raj Singh Meel, Sr. D/R
Section 10Section 10(34)Section 147

34) and 10(1) of the Act respectively. The AO denied the said exemption under section 10 as 10(1) of the Act respectively. The AO denied the said exemption under section 10 as 10(1) of the Act respectively. The AO denied the said exemption under section 10 as claimed by the assessee and invoked the provision of section

STATE BANK OF INDIA - CUFFE PARADE BRANCH,MUMBAI vs. ACIT-TDS-3(2),, MUMBAI

In the result, the appeal is allowed in the terms indicated above

ITA 1717/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 Jan 2021AY 2012-13
Section 10(5)Section 133ASection 201Section 201(1)Section 201(3)

34. Accordingly, without prejudice to the position adopted by the Bank that the Bank has correctly granted exemption under section 10(5) to its employees at the time of deduction of tax at source, it is submitted that in the present circumstances and facts of the case, the Bank cannot be treated as an assessee in default in terms

ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. MILESTONE REAL ESTATE FUND, MUMBAI

In the result, appeals filed by the revenue for assessment years 2013-

ITA 1144/MUM/2018[2013-14]Status: DisposedITAT Mumbai22 Sept 2020AY 2013-14
For Appellant: Shri J.D. Mistry (AR)For Respondent: Shri V. Sreekar (CIT-DR)
Section 10Section 115USection 143Section 199

section 10(23FB) of the Act is allowable”. Assessment Years: 2013-14 & 2014-15 7. Since, the Tribunal has decided the identical issue in favour of the assessee in assessee’s appeal for the AY 2013-14 discussed above, we do not find any merit in the appeal of the revenue. Hence, respectfully following the decision of the coordinate Bench

DCIT CEN CIR 15 & 16, MUMBAI vs. VIJAY GRIHNIRMAN P.LTD, MUMBAI

In the result, Revenue’s appeal for A

ITA 2881/MUM/2013[2006-07]Status: DisposedITAT Mumbai29 Apr 2016AY 2006-07

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri G.M. DossFor Respondent: Shri Bhumika V. Vora
Section 132Section 143(3)Section 260ASection 263Section 80Section 80I

section 80IB(10) of the Act holding as under: - “7.1 The appellant had claimed deduction under s. 80IB(10) of Rs.5,47,28,624/-. 7.2 For the captioned year, the appellant had claimed deduction under s. 80IB(10) as under: Project Date of Date of Size of plot Deduction u/s commencement Completion (Approx.) 80IB V Nagari Annex

DCIT CEN CIR 15 & 16, MUMBAI vs. VIJAY GRIHNIRMAN P.LTD, MUMBAI

In the result, Revenue’s appeal for A

ITA 2879/MUM/2013[2004-05]Status: DisposedITAT Mumbai29 Apr 2016AY 2004-05

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri G.M. DossFor Respondent: Shri Bhumika V. Vora
Section 132Section 143(3)Section 260ASection 263Section 80Section 80I

section 80IB(10) of the Act holding as under: - “7.1 The appellant had claimed deduction under s. 80IB(10) of Rs.5,47,28,624/-. 7.2 For the captioned year, the appellant had claimed deduction under s. 80IB(10) as under: Project Date of Date of Size of plot Deduction u/s commencement Completion (Approx.) 80IB V Nagari Annex

DCIT CEN CIR 15 & 16, MUMBAI vs. VIJAY GRIHNIRMAN P. LTD, MUMBAI

In the result, Revenue’s appeal for A

ITA 3498/MUM/2013[2009-10]Status: DisposedITAT Mumbai29 Apr 2016AY 2009-10

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri G.M. DossFor Respondent: Shri Bhumika V. Vora
Section 132Section 143(3)Section 260ASection 263Section 80Section 80I

section 80IB(10) of the Act holding as under: - “7.1 The appellant had claimed deduction under s. 80IB(10) of Rs.5,47,28,624/-. 7.2 For the captioned year, the appellant had claimed deduction under s. 80IB(10) as under: Project Date of Date of Size of plot Deduction u/s commencement Completion (Approx.) 80IB V Nagari Annex

DCIT CEN CIR 15 & 16, MUMBAI vs. VIJAY GRIHNIRMAN P.LTD, MUMBAI

In the result, Revenue’s appeal for A

ITA 1030/MUM/2013[2002-03]Status: DisposedITAT Mumbai29 Apr 2016AY 2002-03

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri G.M. DossFor Respondent: Shri Bhumika V. Vora
Section 132Section 143(3)Section 260ASection 263Section 80Section 80I

section 80IB(10) of the Act holding as under: - “7.1 The appellant had claimed deduction under s. 80IB(10) of Rs.5,47,28,624/-. 7.2 For the captioned year, the appellant had claimed deduction under s. 80IB(10) as under: Project Date of Date of Size of plot Deduction u/s commencement Completion (Approx.) 80IB V Nagari Annex

DCIT CEN CIR 15 & 16, MUMBAI vs. VIJAY GRIHNIRMAN P.LTD, MUMBAI

In the result, Revenue’s appeal for A

ITA 2882/MUM/2013[2007-08]Status: DisposedITAT Mumbai29 Apr 2016AY 2007-08

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri G.M. DossFor Respondent: Shri Bhumika V. Vora
Section 132Section 143(3)Section 260ASection 263Section 80Section 80I

section 80IB(10) of the Act holding as under: - “7.1 The appellant had claimed deduction under s. 80IB(10) of Rs.5,47,28,624/-. 7.2 For the captioned year, the appellant had claimed deduction under s. 80IB(10) as under: Project Date of Date of Size of plot Deduction u/s commencement Completion (Approx.) 80IB V Nagari Annex

DCIT CEN CIR 15 & 16, MUMBAI vs. VIJAY GRIHNIRMAN P.LTD, MUMBAI

In the result, Revenue’s appeal for A

ITA 2880/MUM/2013[2005-06]Status: DisposedITAT Mumbai29 Apr 2016AY 2005-06

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri G.M. DossFor Respondent: Shri Bhumika V. Vora
Section 132Section 143(3)Section 260ASection 263Section 80Section 80I

section 80IB(10) of the Act holding as under: - “7.1 The appellant had claimed deduction under s. 80IB(10) of Rs.5,47,28,624/-. 7.2 For the captioned year, the appellant had claimed deduction under s. 80IB(10) as under: Project Date of Date of Size of plot Deduction u/s commencement Completion (Approx.) 80IB V Nagari Annex

ICICI BANK LTD,MUMBAI vs. DCIT 2(3)(2), MUMBAI

Appeal is partly allowed

ITA 1446/MUM/2016[2010-11]Status: DisposedITAT Mumbai20 Feb 2026AY 2010-11
Section 10(15)Section 143(3)Section 14ASection 92B(1)Section 92C

10 comparables for the purpose of T.P.\nAnalysis, whereby the mean was computed at 10.47%. Ld. TPO has observed\nthat the assessee has applied some filters which are different from the filters\napplied by the Department in the previous years in the assessee's own case. The\nld. TPO further discussed certain quantitative filters applied by the assessee as\nwell

JAMNADAS VIRJI SHARES AND STOCK BROKERS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX 4(3)(1), MUMBAI

ITA 8363/MUM/2025[2016-17]Status: DisposedITAT Mumbai22 Jan 2026AY 2016-17
Section 10(34)Section 133ASection 139(1)Section 143(1)Section 143(3)Section 144BSection 147Section 148Section 250Section 37(1)

TDS, although appearing in Form 26AS\nand granted credit for in the intimation under section 143(1).\n13. The AO erred in levying interest under section 234A of Rs.\n1,770/-/- and CIT(A) erred in confirming the same.\n14. The AO erred in levying interest under section 234B of Rs.\n26,928/- and under section 234C

DCIT 2(3)(2), MUMBAI vs. ICICI BANK LTD, MUMBAI

ITA 1560/MUM/2016[2010-11]Status: DisposedITAT Mumbai20 Feb 2026AY 2010-11
Section 10(15)Section 143(3)Section 14ASection 92B(1)Section 92C

10 comparables for the purpose of T.P.\nAnalysis, whereby the mean was computed at 10.47%. Ld. TPO has observed\nthat the assessee has applied some filters which are different from the filters\napplied by the Department in the previous years in the assessee's own case. The\nld. TPO further discussed certain quantitative filters applied by the assessee as\nwell

RAJESH BUILDER,MUMBAI vs. CIT 22, MUMBAI

In the result, appeals of assessee in ITA Nos

ITA 2954/MUM/2012[2007-08]Status: DisposedITAT Mumbai31 May 2017AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 254Section 271(1)(c)

TDS by invoking the provision of section 40(a)(ia) of the Act. We have already allowed the claim of deduction u/s 80IB(10) of the Act, any consequential disallowance will also come under the purview of deduction u/s 80IB(10) of the Act and no addition can be made. Hence, this addition has become inconsequential. 34

RAJESH BUILDER,MUMBAI vs. DCIT 22(2), MUMBAI

In the result, appeals of assessee in ITA Nos

ITA 2955/MUM/2012[2008-09]Status: DisposedITAT Mumbai31 May 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 254Section 271(1)(c)

TDS by invoking the provision of section 40(a)(ia) of the Act. We have already allowed the claim of deduction u/s 80IB(10) of the Act, any consequential disallowance will also come under the purview of deduction u/s 80IB(10) of the Act and no addition can be made. Hence, this addition has become inconsequential. 34

DCIT 22(2), NAVI MUMBAI vs. RAJESH BUILDERS, MUMBAI

In the result, appeals of assessee in ITA Nos

ITA 6131/MUM/2012[2005-06]Status: DisposedITAT Mumbai31 May 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 254Section 271(1)(c)

TDS by invoking the provision of section 40(a)(ia) of the Act. We have already allowed the claim of deduction u/s 80IB(10) of the Act, any consequential disallowance will also come under the purview of deduction u/s 80IB(10) of the Act and no addition can be made. Hence, this addition has become inconsequential. 34

TATA INDUSTRIES LIMITED,MUMBAI vs. ADDL.C.I.T., RANGE-2(3), MUMBAI

ITA 3676/MUM/2009[2005-06]Status: DisposedITAT Mumbai07 Jun 2024AY 2005-06
For Respondent: Shri P.C Chhottary
Section 115JSection 143(3)Section 14A

10(34) of the\nAct in respect of dividend income of INR 6,88,73,913/-. This has\n21\nnot been taken into consideration by the Assessing Officer as\nwell as CIT(A). The finding returned by the Assessing Officer\nthat entire amount of interest expenditure of INR 70.26 Crores\nand balance expenses of INR 14.09 Crores have been incurred

ACIT(LTU-1), MUMBAI vs. M/S. TCS LTD, MUMBAI

ITA 5904/MUM/2019[2014-15]Status: DisposedITAT Mumbai15 Sept 2023AY 2014-15

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

Section 10ASection 115JSection 14ASection 19Section 40Section 90(1)(a)

section 14A read with rule 8D without recording any cogent reasons as to why he is not satisfied with the correctness of the claim of the assessee. Mere recording that the amounts being meager compared to the exempt income earned, cannot be construed as recording of satisfaction. Therefore, respectfully following the ratio laid down by the co- ordinate bench