HSBC SECURITIES AND CAPITAL MARKETS (I) P.LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

TDS under section 40a(ia) of the Act. AO further disallowed Rs. 27, 16, 560/- under section 14A. Against this draft order of AO, assessee objected the same before the DRP through Form No. 35A

HSBC SECURITIES AND CAPITAL MARKETS (INDIA) P. LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

TDS under section 40a(ia) of the Act. AO further disallowed Rs. 27, 16, 560/- under section 14A. Against this draft order of AO, assessee objected the same before the DRP through Form No. 35A

DCIT 4(1), MUMBAI vs. HSBC SECURITIES AND CAPITAL MARKETS (INDIA) P.LTD, MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

TDS under section 40a(ia) of the Act. AO further disallowed Rs. 27, 16, 560/- under section 14A. Against this draft order of AO, assessee objected the same before the DRP through Form No. 35A

BANK OF INDIA,MUMBAI vs. ASST. CIT-2(1)(1), MUMBAI

In the result, the appeal of the Assessing Officer is partly allowed in the terms indicated above

35A, 35AA, 35AB and excluding clause(d) of sub-section (1), 45Y to 45ZF, 46 to 48, 50, 52 and 53 shall also apply; so far ITA Nos: 1767 and 2048/Mum/2019 Assessment year: 2015-16 Page 19 of 37 as may be, to and in relation to ……… any corresponding new bank”. The expression “corresponding new bank” is defined, under section

PARTNERS MEDICAL INTERNATIONAL , INC.,MUMBAI vs. DCIT (IT) 3(3)(2), MUMBAI

In the result, the appeal by the assessee is allowed for statistical purpose

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. Nos. 747/Mum/2015 & 3609/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) Partners Medical International, Inc. Dy. Cit (Intl. Taxation)-3(3)(2), (Earlier Known As Partners Harvard Mumbai Medical International, Inc.) बनाम/ C/O. Pricewaterhouse Coopers (P) Vs. Ltd., Pwc House, Plot No. 18/A, Guru Nanak Road, Bandra (W), Mumbai-400 050 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabch 2171 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Dhanesh Bafna & Shri Ravi Sawana ""यथ" क" ओर से/Respondent By : Shri Samuel Darse

TDS credit of Rs.51,33542 as claimed by the Appellan tin the return of income. Ground no. 12- Levy of interest under section 234B On the facts and circumstances of the case, and in law, the learned DCIT erred in levying interest of Rs.28,97,862 under section 234B of the Act. The Appellant prays that the learned DCIT

DCIT - CC - 1(4), MUMBAI vs. ULTRATECH CEMENT LTD., MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

DCIT- CC- 1(4), MUMBAI vs. ULTRATECH CEMENT LTD., MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

JT. CIT (OSD)- CC - 1(4), MUMBAI vs. ULTRATECH CEMENT LTD., MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

DCIT -CC-1(4), MUMBAI vs. ULTRATECH CEMENT LTD. , MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

TDS / TCS, claimed on the basis of certificates filed by the appellant Company. 5) The Appelant craves leave to add, alter, amend or delete the aforesaid grounds of appeal from time to time as it may be advised upto the date of hearings. Apart from the above, UTCL has also filed following additional grounds: C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CC 1(4), MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Ultratech Cement Limited V. Dcit, Central Circle-1(4) Ahura Centre, ‘B’ Wing 2Nd Floor Room No. 902, 9Th Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Dcit, Central Circle-1(4) V. M/S. Ultratech Cement Limited Room No. 902, 9Th Floor Ahura Centre, ‘B’ Wing 2Nd Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

35A, 35AB, 35ABB, 35D, 35E of the IT Act. 54. The amendment was subsequently explained in more detail by the CBDT in Circular No. 779 dated 14-09-1999 under the head Business re- organization – Extensive amendments in relation to amalgamation Page No. | 15 ITA NO. 465 & 931/MUM/2020 (A.Y: 2015-16) UltraTech Cement Limited demerger and slump sale. Relevant portion

DY CIT CC 1(4), MUMBAI vs. M/S ULTRATECH CEMENT LTD , MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Ultratech Cement Limited V. Dcit, Central Circle-1(4) Ahura Centre, ‘B’ Wing 2Nd Floor Room No. 902, 9Th Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Dcit, Central Circle-1(4) V. M/S. Ultratech Cement Limited Room No. 902, 9Th Floor Ahura Centre, ‘B’ Wing 2Nd Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

35A, 35AB, 35ABB, 35D, 35E of the IT Act. 54. The amendment was subsequently explained in more detail by the CBDT in Circular No. 779 dated 14-09-1999 under the head Business re- organization – Extensive amendments in relation to amalgamation Page No. | 15 ITA NO. 465 & 931/MUM/2020 (A.Y: 2015-16) UltraTech Cement Limited demerger and slump sale. Relevant portion

GREEN MAIDEN A 2013 TRUST,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (IT) CIRCLE 2(3)(2), MUMBAI

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

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.2105, 1977 & 1978/Mum/2022 (A.Ys.2016-17 To 2018-19) Green Maiden A 2013 Vs. Assistant Commissioner Trust, Level 1, Ifc 1, Of Income Tax Esplanade, St. Helier, International Tax Circle Jersey Zip Code-Je2 3Bx 2(3)(2), Mumbai Room No. 1711,17Th Floor Air India Building, Nariman Point Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabtg9795M Appellant .. Respondent Appellant By : Ms.Aarti Sathe & Ms. Aasavari Kadam Respondent By : Lovish Kumar Date Of Hearing 18.01.2023 Date Of Pronouncement 30.01.2023 आदेश / O R D E R Per Amarjit Singh (Am):

TDS credit of Rs. 43-43-533 8. Ground No 8: Non Granting of Refund P a g e | 4 ITA No.2105, 1977 & 1978/Mum/2022 Green Maiden A 2013 Trust Vs. ACIT IT, Circle 2(3)(2) On the facts and circumstances of the case and in law, the la AO erred in not granting refund

GREEN MAIDEN A 2013 TRUST,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE 2(3)(2), MUMBAI

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

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.2105, 1977 & 1978/Mum/2022 (A.Ys.2016-17 To 2018-19) Green Maiden A 2013 Vs. Assistant Commissioner Trust, Level 1, Ifc 1, Of Income Tax Esplanade, St. Helier, International Tax Circle Jersey Zip Code-Je2 3Bx 2(3)(2), Mumbai Room No. 1711,17Th Floor Air India Building, Nariman Point Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabtg9795M Appellant .. Respondent Appellant By : Ms.Aarti Sathe & Ms. Aasavari Kadam Respondent By : Lovish Kumar Date Of Hearing 18.01.2023 Date Of Pronouncement 30.01.2023 आदेश / O R D E R Per Amarjit Singh (Am):

TDS credit of Rs. 43-43-533 8. Ground No 8: Non Granting of Refund P a g e | 4 ITA No.2105, 1977 & 1978/Mum/2022 Green Maiden A 2013 Trust Vs. ACIT IT, Circle 2(3)(2) On the facts and circumstances of the case and in law, the la AO erred in not granting refund

GREEN MAIDEN A 2013 TRUST,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE 2(3)(2), MUMBAI

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

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.2105, 1977 & 1978/Mum/2022 (A.Ys.2016-17 To 2018-19) Green Maiden A 2013 Vs. Assistant Commissioner Trust, Level 1, Ifc 1, Of Income Tax Esplanade, St. Helier, International Tax Circle Jersey Zip Code-Je2 3Bx 2(3)(2), Mumbai Room No. 1711,17Th Floor Air India Building, Nariman Point Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabtg9795M Appellant .. Respondent Appellant By : Ms.Aarti Sathe & Ms. Aasavari Kadam Respondent By : Lovish Kumar Date Of Hearing 18.01.2023 Date Of Pronouncement 30.01.2023 आदेश / O R D E R Per Amarjit Singh (Am):

TDS credit of Rs. 43-43-533 8. Ground No 8: Non Granting of Refund P a g e | 4 ITA No.2105, 1977 & 1978/Mum/2022 Green Maiden A 2013 Trust Vs. ACIT IT, Circle 2(3)(2) On the facts and circumstances of the case and in law, the la AO erred in not granting refund

SPE INDIA FILMS HOLDING LLC,MUMBAI vs. ACIT (INTL TAX) -4(2) (2) , MUMBAI

In the result ground no-2 raised by the assessee- is fully allowed

Bench: Shri Amit Shukla & Shri Gagan Goyalspe India Films Holding Llc C/O, Deloitte Haskins & Sells Llp One International Centre, Tower No.3, 27Th Floor-32Nd Floor, Senapati Bapat Marg, Elphinstone Road (W), Mumbai-400013. Pan: Aaocs1827L ...... Appellant Vs. Acit (International Taxation)-4(2)(2) 16Th Floor, Air India Building, Narimaon Point, Mumbai-400021. ..... Respondent Appellant By : Sh. P.J. Pardiwala/Paras Savla Respondent By : Sh. A.K. Keshari Date Of Hearing : 27/06/2022 Date Of Pronouncement : 21/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-2, Mumbai [Hereinafter Referred To As [‘Drp’] Dated 06.01.2022 For The Assessment Year (Ay) 2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “The Appellant, Objects To The Order Dated 19 January 2022 Passed Under Section 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 (Act) Passed By The Learned Assistant Commissioner Of Income-Tax (International Taxation) - 4(2)(2), Mumbai

TDS is granted and the income on account of distribution of theatrical rights in India is considered as not taxable, the question of levy of additional interest under section 234B and section 234C of the Act would not arise. 4.3 The Appellant prays that the learned ACIT be directed to delete the levy of additional interest under section 234B