CENTRAL BANK OF INDIA,MUMBAI vs. ACIT - 2(1)(2), MUMBAI

iv)of the sub-section which, it will be seen, does not include good\nwill. But the definitions in section 2 are subject to an overall\nrestrictive clause. That is expressed in the opening words of the\nsection: unless the context otherwise requires\". We must, therefore,\nenquire whether contextually section 45, in which the expression\n\"capital asset\" is used

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

TDS)-2(3), Mumbai on 10th February, 2011. During the course of the survey it was found that assessee received lease premium against the property from different parties. In this regard assessee was asked to furnish details of lease premium. In response, Ld. AR of the assessee submitted as under: - “The Authority has auctioned land in Bandra Kurla Complex

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

TDS)-2(3), Mumbai on 10th February, 2011. During the course of the survey it was found that assessee received lease premium against the property from different parties. In this regard assessee was asked to furnish details of lease premium. In response, Ld. AR of the assessee submitted as under: - “The Authority has auctioned land in Bandra Kurla Complex

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

TDS)-2(3), Mumbai on 10th February, 2011. During the course of the survey it was found that assessee received lease premium against the property from different parties. In this regard assessee was asked to furnish details of lease premium. In response, Ld. AR of the assessee submitted as under: - “The Authority has auctioned land in Bandra Kurla Complex

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

TDS)-2(3), Mumbai on 10th February, 2011. During the course of the survey it was found that assessee received lease premium against the property from different parties. In this regard assessee was asked to furnish details of lease premium. In response, Ld. AR of the assessee submitted as under: - “The Authority has auctioned land in Bandra Kurla Complex

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

TDS)-2(3), Mumbai on 10th February, 2011. During the course of the survey it was found that assessee received lease premium against the property from different parties. In this regard assessee was asked to furnish details of lease premium. In response, Ld. AR of the assessee submitted as under: - “The Authority has auctioned land in Bandra Kurla Complex

PAHILAJRAI JAIKISHAN,MUMBAI vs. DCIT 19(3), MUMBAI

In the result, the appeal is allowed

Bench: Shri Shailendra Kumar Yadav & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.1562/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11)

17,04,535 which was made by the Assessing Officer under section 14A of the Income-tax Act. We are, therefore, inclined to uphold the order of the ld. CIT(A). Resultantly, all the grounds raised by the assessee in this appeal are rejected. 7. In the result, the appeal of the assessee is dismissed.” & ITA No. 994/Mum/2014 The above

ASST CIT 19(3), MUMBAI vs. PAHILAJRAI JAIKISHIN, MUMBAI

In the result, the appeal is allowed

Bench: Shri Shailendra Kumar Yadav & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.1562/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11)

17,04,535 which was made by the Assessing Officer under section 14A of the Income-tax Act. We are, therefore, inclined to uphold the order of the ld. CIT(A). Resultantly, all the grounds raised by the assessee in this appeal are rejected. 7. In the result, the appeal of the assessee is dismissed.” & ITA No. 994/Mum/2014 The above

TATA AIG GENERAL INSURANCE CO. LTD.,MUMBAI vs. DY CIT - 8(3)(1), MUMBAI

In the result, appeal of the assessee is allowed for statistical purposes

iv) Whether the ITAT erred in failing to follow co-ordinate bench decisions on the very question of reinsurance payments to non-residents when it ought to have referred the matter to a larger bench if it disagreed with such judgments?‖ 3.11. The Hon‟ble Madras High Court considered Cholamandalam MS General Insurance Co. Ltd case in TCA No.754

JAN SEVA MANDAL ,MUMBAI vs. INCOME TAX OFFICER EXEMPTION WARD -1(4), MUMBAI

In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2023-24 Jan Seva Mandal, Central Processing Centre Income Vinayalaya, Mahakali Caves Tax Deparment, Bengaluru, Vs. Road, Andheri (East), Income Tax Officer Exemption Mumbai-400093. Ward 1(4), Mumbai. 6Th Floor, Mtnl Te Building, Pedder Road, Mumbai-400026. Pan No. Aaatj 4868 K Appellant Respondent

TDS refund of Rs. 1,05,613/- against the Appellant: against the Appellant: 1. A sum of Rs. 17,61,379/ A sum of Rs. 17,61,379/- under section 11(1 )(a) of the under section 11(1 )(a) of the Act Act Act being being being amount amount amount accumulated accumulated accumulated

ACIT (TDS -2(2) , MUMBAI vs. M/S. SULA VINEYARDS PVT. LTD, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2018-19 Acit (Tds)-2(2), Sula Vineyards Pvt. Ltd., Room No. 322, Mtnl Office, 901, Hubtown Solaries, N.S. Cumballa Hill, Vs. Phadke Marg, Mumbai-400026. Mumbai-400029. Pan No. Aabcn 7126 Q Appellant Respondent Revenue By : Mr. Hoshang B. Irani, Dr Assessee By : Mr. Niraj Singh, Ar Date Of Hearing : 28/07/2022 Date Of Pronouncement : 16/09/2022

TDS done by the assessee company. company. iv. Whether on the facts and in the circumstances of the case and Whether on the facts and in the circumstances of the case and Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) erred in re in law, the Ld.CIT(A) erred in rejecting

PEOPLE INERACTIVE (I) P.LTD,MUMBAI vs. PR CIT 7, MUMBAI

The appeals of the assessee are allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

17. If the specific provisions of the Act provide [first proviso to Sections 10A(1); 10A (1A) and 10A (4)] that the unit that is contemplated for grant of benefit of deduction is the eligible undertaking and that is also how the contemporaneous Circular of the department (No.794 dated 09.08.2000) 22 understood the situation, it is only logical and natural

PEOPLE INERACTIVE (I) P. LTD,MUMBAI vs. PR CIT 7, MUMBAI

The appeals of the assessee are allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

17. If the specific provisions of the Act provide [first proviso to Sections 10A(1); 10A (1A) and 10A (4)] that the unit that is contemplated for grant of benefit of deduction is the eligible undertaking and that is also how the contemporaneous Circular of the department (No.794 dated 09.08.2000) 22 understood the situation, it is only logical and natural

IDEA CELLULAR LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-3(2), MUMBAI

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purposes

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL, ‘I’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

17. Further, looking from point of view of ABTL, the Department itself treated this very transaction as being on capital account and sought to tax capital gain on transfer of telecom undertaking by treating demerger as slump sale adopting revaluation of investment in Indus as consideration, the Tribunal [ITA No. 341/Mum/2014] held that though there is transfer of telecom undertaking

DEPUTY COMMISSIONER OF INCOME TAX-14(2)(1), MUMBAI vs. IDEA CELLULAR LIMITED, MUMBAI

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purposes

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

17. Further, looking from point of view of ABTL, the Department itself treated this very transaction as being on capital account and sought to tax capital gain on transfer of telecom undertaking by treating demerger as slump sale adopting revaluation of investment in Indus as consideration, the Tribunal [ITA No. 341/Mum/2014] held that though there is transfer of telecom undertaking

STAARK ACCESSORIES PRIVATE LIMITED,MUMBAI vs. ACIT, CIRCLE 13(2)(2)

In the result appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Kuldip Singh & Shri Gagan Goyalm/S. Staark Accessories Pvt. Ltd., A-20, Virwani Industrial Estate Goregaon East, Mumbai- 400063, Pan: Aatcs1816J ...... Appellant Vs. Acit-13(2) (2), Aayakar Bhavan, Maharishi Karve Road, Mumbai- 400020 ..... Respondent

iv) D. Craft Entertainment Pvt. Ltd. vs. ITO (ITA No. 1461/Kol/2017) v) Deepak Kedia (ITA No. 881/Kol/2023) vi) Jigna Chetan Mehta (ITA No. 616/ Kol/2022) vii) Shivam Finance (ITA No. 422/Kol/2023) viii) Tata Sons (ITA No. 4497/Mum/2015) ix) Abhishek Jain (2018) 94 taxmann.com (Delhi) 11. Above the all, when the matter has finally been settled once

ADITYA BIRLA FINANCE LTD,MUMBAI vs. ADDL CIT RG 2(1), MUMBAI

Appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Joginder Singh & Shri Rajendraassessment Year-2008-09 M/S Aditya Birla Finance Acit-2(1), Limited (One Indiabulls R. No.575, 5Th Floor, बनाम/ Center, Tower-1, 18Th Floor, Aayakar Bhavan, Vs. Jupiter Mill Compound, 841, M.K. Road, Senapati Bapat Marg, Mumbai-400020 Elphinstone Road, Mumbai-400012 Pan No.Aabcb5769M ("नधा"रती /Assessee) (राज"व /Revenue) Assessment Year-2008-09 Acit-2(1), M/S Aditya Birla Finance R. No.575, 5Th Floor, Limited (One Indiabulls बनाम/ Aayakar Bhavan, Center, Tower-1, 18Th Floor, Vs. M.K. Road, Jupiter Mill Compound, 841, Mumbai-400020 Senapati Bapat Marg, Elphinstone Road, Mumbai-400012 Pan No. Aabcb5769M (राज"व /Revenue) ("नधा"रती /Assessee) M/S Aditya Birla Finance Ltd.

IV (Computation of Total Income), no deduction shall be allowed in respect of expenditure “incurred” by the assessee “in relation to” income which does not form part of M/s Aditya Birla Finance Ltd. the total income under the said Act. A lot of emphasis was laid on the expressions “incurred” and “in relation to”. It was contended by ld. counsel

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

IV of the Income Tax Act, the\ndisallowance in respect of expenditure incurred in relation\nto exempt dividend income to be computed in terms of\nSec. 14A in the facts and circumstances of this year,\nshould be restricted to the amount of Rs. 6,88,73,913/-\nbeing the exempt dividend income received during the\nyear and offered