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

35(2AB). Further, if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses would be subjected would be subjected to provisions of section

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

35(2AB). Further, if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses would be subjected would be subjected to provisions of section

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

35(2AB). Further, if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses would be subjected would be subjected to provisions of section

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

35(2AB). Further, if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses would be subjected would be subjected to provisions of section

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

35(2AB). Further, if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses if the expenses are liable for TDS, then allowability of such expenses would be subjected would be subjected to provisions of section

DY. CIT CIRCLE 3(4), MUMBAI, MUMBAI vs. ASIAN PAINTS LTD, MUMBAI

In the result, appeals filed by assessee and Revenue for A

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL, ‘A‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

35. Before us, ld. Counsel for the assessee submitted that - (i) These expenses in comparison to total expenses (i.e. Rs. 3,636.75 crores) are minuscule, which comes to around only 0.02% of our total expenditure. (ii) That expenses attributable to the earlier years but crystallize in the year under consideration on receipt of M/s. Asian Paints invoice/bills ought

CHEMOX EXPORTS IMPORTS PVT LTD,MUMBAI vs. INCOME TAX DEPARTMENT, ASSESSMENT UNIT, DELHI

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Bleι.Τ.Α. No. 3954/Mum/2024

TDS) [2023] 153 taxmann.com 496/294 Taxmann 766/457 ITR 18 (Bom.) wherein this Court has held that the guidelines which are contrary to the provisions of the Act cannot be relied upon by the Revenue to reject an application for compounding filed by an assessee. The Court held that guidelines are subordinate to the principal Act or Rules, it cannot restrict

J.B. CHEMICALS AND PHARMACEUTICAL LTD,MUMBAI vs. DCIT CEN CIR 2(1), MUMBAI

The appeals of the assessee are partly allowed

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

section 35(2AB). Aggrieved, the assessee preferred appeal before the CIT(A), who sustained the order of the Assessing Officer. Aggrieved, he assessee filed appeal before the Tribunal. 4. The assessee vide letters date 07/01/2021, 26/03/2021 and 02/05/2022 raised additional grounds. The issues contended which are common for all the assessment years under consideration through various grounds including the additional

J.B.CHEMICALS & PHARMACEUTICALS LTD.,MUMBAI vs. DCIT -CC -2(1), MUMBAI

The appeals of the assessee are partly allowed

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

section 35(2AB). Aggrieved, the assessee preferred appeal before the CIT(A), who sustained the order of the Assessing Officer. Aggrieved, he assessee filed appeal before the Tribunal. 4. The assessee vide letters date 07/01/2021, 26/03/2021 and 02/05/2022 raised additional grounds. The issues contended which are common for all the assessment years under consideration through various grounds including the additional

J.B.CHEMICALS & PHARMACEUTICALS LTD.,MUMBAI vs. DCIT -CC -2(1), MUMBAI

The appeals of the assessee are partly allowed

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

section 35(2AB). Aggrieved, the assessee preferred appeal before the CIT(A), who sustained the order of the Assessing Officer. Aggrieved, he assessee filed appeal before the Tribunal. 4. The assessee vide letters date 07/01/2021, 26/03/2021 and 02/05/2022 raised additional grounds. The issues contended which are common for all the assessment years under consideration through various grounds including the additional

J.B. CHEMICALS AND PHARMACEUTICAL LTD,MUMBAI vs. DCIT CEN CIR 2(1), MUMBAI

The appeals of the assessee are partly allowed

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

section 35(2AB). Aggrieved, the assessee preferred appeal before the CIT(A), who sustained the order of the Assessing Officer. Aggrieved, he assessee filed appeal before the Tribunal. 4. The assessee vide letters date 07/01/2021, 26/03/2021 and 02/05/2022 raised additional grounds. The issues contended which are common for all the assessment years under consideration through various grounds including the additional

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

35 and part of 36 do not separately apply to an eligible unit during the period of tax holiday. During the ITA No. 3558 & 3717/Mum/2016 27 said period the deduction under the aforesaid sections of the Act are deemed to have been made. Similarly, under Section 10A(6)(ii) losses referred to in Section

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

35 and part of 36 do not separately apply to an eligible unit during the period of tax holiday. During the ITA No. 3558 & 3717/Mum/2016 27 said period the deduction under the aforesaid sections of the Act are deemed to have been made. Similarly, under Section 10A(6)(ii) losses referred to in Section

ASIAN PIPES & PROFILES P. LTD,AMBERNATH vs. A.O. TDS WD KALYAN, MUMBAI

In the result, all the appeals filed by different assessees for different quarters relating to different years are allowed

Bench: Shri Jason P. Boaz & Shri Sanjay Garg

TDS statements under section 200A of the Act. In view of the present set of facts, where the Assessing Officer had charged fees under section 234E of the Act while processing the statements under section 200A of the Act before 01.06.2015, there is no merit in the reliance placed upon by the learned CIT-DR on the said proposition laid

DISHA DISTRIBUTORS,MUMBAI vs. A.O. TDS WD KALYAN, KALYAN

In the result, all the appeals filed by different assessees for different quarters relating to different years are allowed

Bench: Shri Jason P. Boaz & Shri Sanjay Garg

TDS statements under section 200A of the Act. In view of the present set of facts, where the Assessing Officer had charged fees under section 234E of the Act while processing the statements under section 200A of the Act before 01.06.2015, there is no merit in the reliance placed upon by the learned CIT-DR on the said proposition laid

ASIAN PIPES & PROFILES P. LTD,AMBERNATH vs. A.O. TDS WD KALYAN, MUMBAI

In the result, all the appeals filed by different assessees for different quarters relating to different years are allowed

Bench: Shri Jason P. Boaz & Shri Sanjay Garg

TDS statements under section 200A of the Act. In view of the present set of facts, where the Assessing Officer had charged fees under section 234E of the Act while processing the statements under section 200A of the Act before 01.06.2015, there is no merit in the reliance placed upon by the learned CIT-DR on the said proposition laid

SPRING TIME CLUBS & HOSPITALITY SERVICES P.LTD,KALYAN vs. A.O. TDS WD KALYAN, KALYAN

In the result, all the appeals filed by different assessees for different quarters relating to different years are allowed

Bench: Shri Jason P. Boaz & Shri Sanjay Gargm/S. Sprigtime Clubs & Hospitality Assessing Officer, Tds Ward Services Pvt. Ltd. Rani Mansion, Murbad Road Vs. 2Nd Floor, Sprig Avenue, Club Road Kalyan (W), 421301 Kalyan (W) 421301 Pan – Aaocs9107M Appellant Respondent

TDS statements under section 200A of the Act. In view of the present set of 16 Sprigtime Clubs&Hospitality Services P. Ltd. facts, where the Assessing Officer had charged fees under section 234E of the Act while processing the statements under section 200A of the Act before 01.06.2015, there is no merit in the reliance placed upon by the learned

ACIT, PIRAMAL CHAMBERS vs. MILESTONE REAL ESTATE FUND, MUMBAI

35) of the Act. 10. In the Appeal, the CIT(A) deleted the additions made by the Assessing Officer under Section 10(23FB) of the Act by placing reliance upon the decision of the Tribunal in the case of the Assessee pertaining to the Assessment Year 2013-14 [ITA No. 2509/MUM/2018, dated 10/08/2018]. 11. We have given thoughtful consideration

ACIT-231, MUMBAI vs. MILESTONE REAL ESTATE FUND, MUMBAI

Accordingly, Ground No. 6 raised by the Revenue is dismissed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

35) of the Act. 10. In the Appeal, the CIT(A) deleted the additions made by the Assessing Officer under Section 10(23FB) of the Act by placing reliance upon the decision of the Tribunal in the case of the Assessee pertaining to the Assessment Year 2013-14 [ITA No. 2509/MUM/2018, dated 10/08/2018]. 11. We have given thoughtful consideration

ACIT 23-1, MUMBAI vs. MILESTONE REAL ESTATE FUND, MUMBAI

Accordingly, Ground No. 6 raised by the Revenue is dismissed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

35) of the Act. 10. In the Appeal, the CIT(A) deleted the additions made by the Assessing Officer under Section 10(23FB) of the Act by placing reliance upon the decision of the Tribunal in the case of the Assessee pertaining to the Assessment Year 2013-14 [ITA No. 2509/MUM/2018, dated 10/08/2018]. 11. We have given thoughtful consideration