NEW WORLD FUND, INC,UNITED STATES OF AMERICA vs. DEPUTY COMMISSIONER OF INCOME-TAX, (INTERNATIONAL TAXATION), 3(3)(1), MUMBAI, MUMBAI

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

Bench: Shri Narender Kumar Choudhry & Shri Girish Agrawalassessment Year: 2015-16

234C, assessee submitted that interest under the said section would arise only when advance tax paid by the assessee on its returned income- i) on or before 15th June is less than 15% of tax due on the returned income; or ii) on or before 15th September is less than 45% of tax due on the returned income

SIDHMICRO EQUITIES PVT. LTD.,MUMBAI vs. A.C.I.T. (CPC), MUMBAI

In the result the appeal of the assessee is

Bench: Shri Pawan Singh & Shri N.K. Pradhansidhmicro Equities Private Ltd. Acit (Cpc), 706, Raheja Journal Marg, Income Tax Department, 214, Nariman Point, Post Bag No.2, Electricity Mumbai-400021. Post Office, Vs. Pan: Aaaca6782E Bangalore-560100. Appellant Respondent Appellant By : Shri Manoj Mundra With Miss Natasha Shah (Ar) Respondent By : Shri S.K. Mishra (Sr.Dr) Date Of Hearing : 19.03.2019 Date Of Pronouncement : 27.03.2019 Order Under Section 254(1)Of Income Tax Act

Section 234C of the Income Tax Act, 1961. 1.02 Under the facts and in law, the Learned CIT(A) failed to appreciate the fact that since the entire tax liability on capital gain was not paid by way of ITA No. 710 Mum 2018-Sidhmicro Equities Private Ltd. advance tax and TDS

RINA S. MEHTA,MUMBAI vs. ASST CIT CEN CIR 23, MUMBAI

In the result the appeal of the assessee is partly allowed for statistical purpose and appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 1992-93

234C of the Act without allowing the deduction of TDS deductible on the income assessed which is subject to the provisions of TDS. 32. After hearing both the parties and perusing the relevant provisions of the Act and also the various decisions of the co- ordinate benches of the Tribunal, we hold that interest charged under section

DCIT CEN CIR 4(1) CEN RG 4, MUMBAI vs. RINA S. MEHTA, MUMBAI

In the result the appeal of the assessee is partly allowed for statistical purpose and appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 1992-93

234C of the Act without allowing the deduction of TDS deductible on the income assessed which is subject to the provisions of TDS. 32. After hearing both the parties and perusing the relevant provisions of the Act and also the various decisions of the co- ordinate benches of the Tribunal, we hold that interest charged under section

M/S. RALLIS INDIA LTD ,MUMBAI vs. DCIT, 8(1)(1), MUMBAI

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

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudhary

section 234C which specifically envisages the matter relating to estimation of income in the nature of capital gains and payment of advance tax in relation thereto. Considering the same, the matter is remitted to the file of the AO to recompute the interest u/s 234C taking into consideration the TDS

M/S. RALLIS INDIA LTD ,MUMBAI vs. DCIT, 8(1)(1), MUMBAI

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

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudhary

section 234C which specifically envisages the matter relating to estimation of income in the nature of capital gains and payment of advance tax in relation thereto. Considering the same, the matter is remitted to the file of the AO to recompute the interest u/s 234C taking into consideration the TDS

DADIBA KALI PUNDOLE ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOMEM TAX -17(1), MUMBAI

The appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Ms Padmavathy S, Am

TDS credit of Rs. 12,25,660/-. 10. The learned Commissioner of Income Tax (Appeals) erred in confirming the excess levy of interest under section 2343 of the Act of Rs. 36,10,307/- as against Nil in the Return of Income. 11. The Appellant submits that the Assessing Officer/CPC be directed to delete interest under section

KELLOGG INDIA PVT. LTD.,MUMBAI vs. ITO 15(2)(1), MUMBAI

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

Bench: Shri R.C.Sharma & Shri Vikas Awasthy

TDS in terms of provisions of Section 10(6A). CIT(A) rejected the same on the ground that Provisions of Section10(6A) were applicable only up to 31/05/2002 and the present AY being 2007-08, the benefit thereof was not available to the assessee. Aggrieved, the assessee is in appeal before us. 11 ITA NO.2314/MUM/2017(A.Y.2012-13

ITO 15(2)(1), MUMBAI vs. KELLOGG INDIA P.LTD, MUMBAI

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

Bench: Shri R.C.Sharma & Shri Vikas Awasthy

TDS in terms of provisions of Section 10(6A). CIT(A) rejected the same on the ground that Provisions of Section10(6A) were applicable only up to 31/05/2002 and the present AY being 2007-08, the benefit thereof was not available to the assessee. Aggrieved, the assessee is in appeal before us. 11 ITA NO.2314/MUM/2017(A.Y.2012-13

DCIT CEN CIR 4 ( 1) CR - 4 ,PR. CIT (C)- 2 , MUMBAI vs. SHRI HARSHAD S. MEHTA, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy & Shri N.K.Pradhandy.Commissioner Of Income Tax, Central Circle-4(1),Cen.Range-4, Room Nom.1916, 19Th Floor, Air India Bldg., Nariman Point, Mumbai 400 021 ...... Appellant Vs. Shri Harsad S. Mehta, 32, Madhuli, Dr.A.B.Road, Worli, Mumbai – 400 018 Pan:Abapm 1848F ..... Respondent Appellant By : Dr. P.Daniel, Spl. Counsel Respondent By : Shri Dharmesh Shah Date Of Hearing : 09/10/2019 Date Of Pronouncement : 1710/2019

section 234A,234B and 234C be recomputed after excluding the income which is subject to TDS. So far as the issue

RINA S. MEHTA,MUMBAI vs. ACIT CC 23, MUMBAI

In the result, Revenue’s appeal is partly allowed for statistical purposes

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

sections 234A, 234B and 234C of the Act were mandatory and were applicable to the notified entities also, that the assessee was in the process of filing an appeal against thee said order before the Hon'ble Supreme Court, that the income earned in the year under consideration was subjected to provisions of TDS

DCIT CC 4(3) CEN RG 4, MUMBAI vs. GROWMORE LEASING & INVESTMENT LTD, MUMBAI

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

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Dy. Commissioner Of Income M/S Growmore Leasing & Tax Cc 4(3) Cen Rg-4 Investment Ltd. 32, Madhuli, Third Floor Vs. Dr. Annie Besant Road, Worli Mumbai-400 018 Pan No. Aaacg4397D Appellant .. Respondent M/S Growmore Leasing & Investment Dy. Commissioner Of Income Ltd. Tax Cc 4(3) Cen Rg-4 32, Madhuli, Third Floor Vs. Dr. Annie Besant Road, Worli Mumbai-400 018 Pan No. Aaacg4397D Appellant .. Respondent Revenue By .. Dr. P. Daniel, Dr Assessee By .. Shri Vijay Mehta & Dharmesh Shah, Ars’ .. Date Of Hearing 01-09-2017 Date Of Pronouncement .. 17-11-2017 O R D E R Per Mahavir Singh, Jm:

section 23A, 234B and 234C of the Act. 10. The learned Commission of Income Tax (Appeals) has erred in law and in facts in not appreciating that the income assessed in the hands of the appellant were subjected to the provisions of TDS

GROWMORE LEASING & INVESTMENT LTD,MUMBAI vs. DCIT CEN CIR 31, MUMBAI

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

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Dy. Commissioner Of Income M/S Growmore Leasing & Tax Cc 4(3) Cen Rg-4 Investment Ltd. 32, Madhuli, Third Floor Vs. Dr. Annie Besant Road, Worli Mumbai-400 018 Pan No. Aaacg4397D Appellant .. Respondent M/S Growmore Leasing & Investment Dy. Commissioner Of Income Ltd. Tax Cc 4(3) Cen Rg-4 32, Madhuli, Third Floor Vs. Dr. Annie Besant Road, Worli Mumbai-400 018 Pan No. Aaacg4397D Appellant .. Respondent Revenue By .. Dr. P. Daniel, Dr Assessee By .. Shri Vijay Mehta & Dharmesh Shah, Ars’ .. Date Of Hearing 01-09-2017 Date Of Pronouncement .. 17-11-2017 O R D E R Per Mahavir Singh, Jm:

section 23A, 234B and 234C of the Act. 10. The learned Commission of Income Tax (Appeals) has erred in law and in facts in not appreciating that the income assessed in the hands of the appellant were subjected to the provisions of TDS

HARSH ESTATE P. LTD,MUMBAI vs. ASST CIT CEN CIR 31, MUMBAI

In the result, the appeal of the assessee is hereby ordered to be partly allowed

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1222/Mum/2017 (ननधधारण वर्ा / Assessment Years: 1992-93) बनधम/ Harsh Estate Pvt. Ltd. Acit, Central Circle-31 32, Madhuli, 3Rd Floor, (Now Dy Cit (Cc-4(3) R. Vs. No.1921, 19Th Floor, Air A.B. Road, Worli, India Building, Nariman Mumbai-400018. Point, Mumbai-400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaach3480L (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Dharmesh Shah (Ar) Revenue By: Shri Dr. P. Daniel सुनवाई की तारीख / Date Of Hearing: 20/06/2019 घोषणा की तारीख /Date Of Pronouncement: 28/08/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 22.01.2016 Passed By The Commissioner Of Income Tax (Appeals)-52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992- 93. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Ld. C Commissioner Of Income-Tax (Appeals) Has Erred In Law & In Fact In Upholding Order Passed By Ao U/S 144 Of The Act. 2. The Ld. Commissioner Of Income-Tax (Appeals) Has Erred In Law & In Facts Confirming The Disallowance Of Various Expenses Amounting To Rs.1,32,476/- Claimed By The Appellant As Under.:- S. Particulars Amount No. 1. Audit Fees 64,000/- 2. Repairs & Maintenance 71,476 Rs.1,00,000(-) (7,1324)

section 23A, 234B and 234C of the Act. 10. The learned Commission of Income Tax (Appeals) has erred in law and in facts in not appreciating that the income assessed in the hands of the appellant were subjected to the provisions of TDS

ISHARES MSCI EMERGING MARKETS ETF (AS A SUCCESSOR TO ISHARES EMERGING MARKETS INDEX MAURITIUS CO ),MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

In the result, the appeal by the assessee is partly allowed for statistical\npurposes

234C and 234D of the Act.\nShort grant of TDS credit - Rs.236,926\n8. erred in granting TDS credit to Rs.236,926.\nInitiation of penal proceedings under section

ORIENT OVERSEAS CONTAINER LINE LIMITED ,MUMBAI vs. OFFICE OF THE DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX)-3(2)(2) , MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleorient Overseas Container Line Limited V. Dcit(It)-3(2)(2) C/O. Oocl (India) Private Limited 16Th Floor Icc Chambers, 5Th Floor Air India Building Saki Vihar Road, Opp. Santogen Silk Mills Nariman Point Powai, Mumbai - 400072 Mumbai – 400 021 Pan: Aaaco5679E (Appellant) (Respondent) Assessee By : Shri Nikhil Tiwari Department By : Ms. Bharati Singh

TDS given to the Appellant, no interest under Section 234C would arise. SHORT GRANT OF INTEREST UNDER SECTION 244A OF THE ACT 7 Orient

ECONOMIC LAWS PRACTICE ,MUMBAI vs. DY COMMISSIONER OF INCOME TAX-16(2), MUMBAI

In the result, appeals of the assessee are being allowed for statistical purposes with the above directions

Bench: Shri Pawan Kumar Gadale & Shri Gagan Goyal & Economic Laws Practice 9Th Floor, Mafatlal Centre, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400 021 Pan: Aabfe1263G ....... Appellant Vs. Cpc, Bengaluru ...... Respondent

TDS credit of INR 5,54,71,953/- which is corresponding to the income offered by the Assessee in the return of income. Levy of interest under Section 234A, 2348 and 234C

DEEPAK NOVOCHEM TECHNOLOGIES LTD,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8(1), MUMBAI

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

TDS, then allowability of such expenses would be subjected would be subjected to provisions of section 40 of the Act. These are just a few illustrations to highlight that the alternate contention These are just a few illustrations to highlight that the alternate contention These are just a few illustrations to highlight that the alternate contention of the appellant