SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

TDS arises under the IT Act only if the amount due and payable assumes the nature of payment specified under Chapter XVII-B thereof. 13. Even assuming specific cases of payment under Chapter XVII-B of the IT Act are considered, Sections 193 and 194A of the IT Act deals with provisions relating to deduction of tax at source

ACIT 421 MUMBAI, MUMBAI CITY vs. SAMIR NARAIN BHOJWANI, MUMBAI

Appeal of the assessee is allowed for statistical purposes and the\nappeal of the revenue is dismissed

TDS arises under the\nIT Act only if the amount due and payable assumes the nature of payment\nspecified under Chapter XVII-B thereof.\n13. Even assuming specific cases of payment under Chapter XVII-B of the\nIT Act are considered, Sections 193 and 194A of the IT Act deals with\nprovisions relating to deduction of tax at source

NETWORTH STOCK BROKING LTD,MUMBAI vs. ACIT CIR 4(2), MUMBAI

In the result, the appeal of assessee in ITA No

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

Section 48 & 49 of the Act. Accordingly, we partly reverse the order of CIT(A) and allow this issue of assessee’s appeal whereas the issue of Revenue’s appeal is dismissed. 21. The next issue in assessee’s ITA No. 2288/Mum/2012 is as regards to the order of CIT(A) confirming the action of the AO in disallowing

NETWORTH STOCK BROKING LTD,MUMBAI vs. ACIT CIR 4(2), MUMBAI

In the result, the appeal of assessee in ITA No

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

Section 48 & 49 of the Act. Accordingly, we partly reverse the order of CIT(A) and allow this issue of assessee’s appeal whereas the issue of Revenue’s appeal is dismissed. 21. The next issue in assessee’s ITA No. 2288/Mum/2012 is as regards to the order of CIT(A) confirming the action of the AO in disallowing

ACIT 4(2), MUMBAI vs. NETWORTH STOCK BROKING LTD, MUMBAI

In the result, the appeal of assessee in ITA No

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

Section 48 & 49 of the Act. Accordingly, we partly reverse the order of CIT(A) and allow this issue of assessee’s appeal whereas the issue of Revenue’s appeal is dismissed. 21. The next issue in assessee’s ITA No. 2288/Mum/2012 is as regards to the order of CIT(A) confirming the action of the AO in disallowing

ACIT 4(2), MUMBAI vs. NETWORTH STOCK BROKING LTD, MUMBAI

In the result, the appeal of assessee in ITA No

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

Section 48 & 49 of the Act. Accordingly, we partly reverse the order of CIT(A) and allow this issue of assessee’s appeal whereas the issue of Revenue’s appeal is dismissed. 21. The next issue in assessee’s ITA No. 2288/Mum/2012 is as regards to the order of CIT(A) confirming the action of the AO in disallowing

PERFECT THREAD MILLS LTD,MUMBAI vs. DCIT 8(2), MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri G.S.Pannu Vice Presedent,(As) Shri D. Karunakar Rao & Shri Amit Shukla, Sh. Pawan Singh & Shri Rajesh Kumarperfect Thread Mills Ltd Vs Dcit, 8(2), Mumbai 201, Millenium Plaza Behind Sakinaka Telephone Exchange, Andheri Kurla Road, Andheri (E), Mumbai- 72 Pan: Aaacp6449E Appellant Respondednt

section 13, Ld Counsel for the assessee read out such transfer of secured asset by the bank shall have the effect as if the transfer was made by the owner of the secured asset. 8. On the other hand, Ld DR relied heavily on the order of the AO and the CIT (A). Elaborating the same, Shri S.K. Mahapatra

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

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

ITO(TDS)-2(3)(1), MUMBAI, MUMBAI vs. N ROSE DEVELOPERS PRIVATE LIMITED, MUMBAI

In the result, both appeals by the Revenue are dismissed

Bench: Shri B R Baskaranshri Sandeep Singh Karhailita No.6328/Mum/2024 (Assessment Year : 2018-19) (Assessment Year : 2019-20) Ito (Tds)-2(3)(1), Room No.909, 9Th Floor, Mtnl Building, Cumbala Hill, Peddar Road, Mumbai - 400026 ............... Appellant V/S N Rose Developers Private Limited, C-1 Building No.3, Sumer Nagar Chs Ltd. ……………… Respondent S.V. Road, Borivali (West), Mumbai -400092 Pan : Aaccn5680J Assessee By : Shri Rajesh Agrawal Revenue By : Ms. Monika H. Pande, Sr.Dr

TDS provisions under section 194IC is applicable in assessee's case. Therefore before proceeding further we will first look at the relevant provisions of Section 45(5A) and Section 194IC. "45(5A) Notwithstanding anything contained in sub-section (1), where the capital gain arises to an assessee, being an individual or a Hindu undivided family, from the transfer

ITO(TDS)-2(3)(1), MUMBAI, MUMBAI vs. N ROSE DEVELOPERS PRIVATE LIMITED, MUMBAI

In the result, both appeals by the Revenue are dismissed

Bench: Shri B R Baskaranshri Sandeep Singh Karhailita No.6328/Mum/2024 (Assessment Year : 2018-19) (Assessment Year : 2019-20) Ito (Tds)-2(3)(1), Room No.909, 9Th Floor, Mtnl Building, Cumbala Hill, Peddar Road, Mumbai - 400026 ............... Appellant V/S N Rose Developers Private Limited, C-1 Building No.3, Sumer Nagar Chs Ltd. ……………… Respondent S.V. Road, Borivali (West), Mumbai -400092 Pan : Aaccn5680J Assessee By : Shri Rajesh Agrawal Revenue By : Ms. Monika H. Pande, Sr.Dr

TDS provisions under section 194IC is applicable in assessee's case. Therefore before proceeding further we will first look at the relevant provisions of Section 45(5A) and Section 194IC. "45(5A) Notwithstanding anything contained in sub-section (1), where the capital gain arises to an assessee, being an individual or a Hindu undivided family, from the transfer

SCHWAB EMERGING MARKETS EQUITY ETF ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION -4(2)(1), MUMBAI

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

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

SHRI TRUST T 2018,MUMBAI vs. ITO (TDS)-2(2)(1), MUMBAI

In the result, the appeal by the assessee is allowed

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalshri Trust T 2018, Universal Insurance Building, Ground Floor, Sir P.M. Road, Fort, Mumbai - 400001 ............... Appellant Pan : Aauts1169E V/S

TDS) - 2(2)(1) ……………… Respondent MTNL Telephone Exchange Building, Cumballa Hills, Pedder Road, Mumbai - 400026 Assessee by : Shri Gunjan Kakkad Revenue by : Shri Vijaykumar G Subramanyam, Sr.DR Date of Hearing – 20/02/2025 Date of Order - 25/04/2025 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The assessee has filed the present appeal against the impugned order dated 12.05.2023, passed under

ISHARES CORE MSCI EM IMI UCITS ETF,MUMBAI vs. DCIT (INT)-2(2)(2), MUMBAI

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

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2.\nThe issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

ISHARES MSCI ALL COUNTRY ASIA EX JAPAN ETF(AS A SUCCESSOR TO ISHARES MSCI ALL COUNTRY ASIA EX JAPAN MAURITIUS CO),MUMBAI vs. DCIT (INT)-2(2)(2), MUMBAI

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

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

ISHARES INDIA 50 ETF (AS A SUCCESSOR TO ISHARES INDIA 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

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2.\nThe issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

ISHARES MSCI INDIA ETF(AS A SUCESSOR TO ISHARES INDIA INDEX MARUITIUS COMPANY),MUMBAI vs. DCIT (INT)-2(2)(2), MUMBAI

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

ISHARES CORE MSCI EMERGING MARKETS ETF (AS A SUCESSOR TO ISHARES CORE EMERGING MARKETS MAURITIUS COMPANY),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

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

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

TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital loss, which

ISHARES MSCI EM UCITS ETF USD DIST ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

TDS credit to Rs.236,926.\n\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term capital

ISHARES MSCI INDIA UCITS ETF ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-2(2)(2), MUMBAI

TDS credit to Rs.236,926.\n\nInitiation of penal proceedings under section 270A of the Act\n\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n\n2. The issue arising in grounds no.1 to 4, raised in assessee's appeal,\npertains to the manner of set off of short-term