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):

61 read with Section 63 or on an application of Section 161 of the Act conjointly with the provisions of Article 24 of the India-UAE DTAA. Since we have quashed the Ruling dated 18th March 2020 of the AAR, the steps taken in furtherance of the Ruling order passed therein are also quashed and set aside. Ordered accordingly

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):

61 read with Section 63 or on an application of Section 161 of the Act conjointly with the provisions of Article 24 of the India-UAE DTAA. Since we have quashed the Ruling dated 18th March 2020 of the AAR, the steps taken in furtherance of the Ruling order passed therein are also quashed and set aside. Ordered accordingly

ITO-22(1)(6), MUMBAI, MUMBAI vs. ARCIL RETAIL LOAN PORTFOLIO- 001- A- TRUST, MUMBAI

Accordingly, the order of the learned CIT(A) is affirmed, and\nthe appeal filed by the Revenue is dismissed

61\nread with section 63 of the Act and also claimed credit of TDS of\nRs. 1,39,587/-. The return

DY CIT-1(3)(2), MUMBAI vs. MAHARASHTRA STATE CO-OPERATIVE BANK LIMITED, MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is allowed partly assessee is allowed partly whereas the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2013-14

61, section 64, section93 or section94; M/s The Maharashtra State Co-op. Bank Ltd. M/s The Maharashtra State Co ITA Nos. 3878 & 3916/Mum/2019 (b) the income of a deductee being an association of persons (b) the income of a deductee being an association of persons (b) the income of a deductee being an association of persons or a trust

M/S THE MAHARASHTRA STATE CO. OP BANK LTD.,MUMBAI vs. ITO-1(3)(3), MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is allowed partly assessee is allowed partly whereas the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2013-14

61, section 64, section93 or section94; M/s The Maharashtra State Co-op. Bank Ltd. M/s The Maharashtra State Co ITA Nos. 3878 & 3916/Mum/2019 (b) the income of a deductee being an association of persons (b) the income of a deductee being an association of persons (b) the income of a deductee being an association of persons or a trust

DCIT (OSD)(TDS)-2(3), MUMBAI vs. TOTAL ENERGIES MARKETING INDIA PVT LTD, MUMBAI

Appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

TDS form No 16. Therefore there is no default on part of the assessee. The learned assessing officer was of the view that the amount of taxes required to be deducted as soon the amount is debited in the books of accounts whereas the claim of the assessee is that it is deducted at the source when the actual ESOP

DCIT (OSD)(TDS)-2(3), MUMBAI vs. TOTAL ENERGIES MARKETINGS INDIA PVT LTD, MUMBAI

Appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

TDS form No 16. Therefore there is no default on part of the assessee. The learned assessing officer was of the view that the amount of taxes required to be deducted as soon the amount is debited in the books of accounts whereas the claim of the assessee is that it is deducted at the source when the actual ESOP

DCIT (OSD)(TDS)-2(3), MUMBAI vs. TOTAL ENERGIES MARKETING INDIA PVT LTD, MUMBAI

Appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

TDS form No 16. Therefore there is no default on part of the assessee. The learned assessing officer was of the view that the amount of taxes required to be deducted as soon the amount is debited in the books of accounts whereas the claim of the assessee is that it is deducted at the source when the actual ESOP

DCIT (OSD)(TDS)-2(3) , MUMBAI vs. TOTAL ENERGIES MARKETING INDIA PVT LTD, MUMBAI

Appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

TDS form No 16. Therefore there is no default on part of the assessee. The learned assessing officer was of the view that the amount of taxes required to be deducted as soon the amount is debited in the books of accounts whereas the claim of the assessee is that it is deducted at the source when the actual ESOP

DCIT (OSD)(TDS)-2(3), MUMBAI vs. TOTAL ENERGIES MARKETING INDIA PVT LTD, MUMBAI

Appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

TDS form No 16. Therefore there is no default on part of the assessee. The learned assessing officer was of the view that the amount of taxes required to be deducted as soon the amount is debited in the books of accounts whereas the claim of the assessee is that it is deducted at the source when the actual ESOP

DCIT (OSD)(TDS)-2(3) , MUMBAI vs. TOTAL ENERGIES MARKETING INDIA PVT LTD, MUMBAI

Appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

TDS form No 16. Therefore there is no default on part of the assessee. The learned assessing officer was of the view that the amount of taxes required to be deducted as soon the amount is debited in the books of accounts whereas the claim of the assessee is that it is deducted at the source when the actual ESOP

DCIT (OSD)(TDS)-2(3), MUMBAI vs. TOTAL ENERGIES MARKETING INDIA PVT LTD, MUMBAI

Appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

TDS form No 16. Therefore there is no default on part of the assessee. The learned assessing officer was of the view that the amount of taxes required to be deducted as soon the amount is debited in the books of accounts whereas the claim of the assessee is that it is deducted at the source when the actual ESOP

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

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

61 read with section 63 or on an\napplication of section 161 of the Act conjointly with the provisions of Article 24\nof the India-UAE DTAA. Since we have quashed the Ruling dated 18th March\n2020 of the AAR, the steps taken in furtherance of the Ruling order passed\ntherein are also quashed and set aside. Ordered accordingly

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI, MUMBAI

In the result, all the five appeals filed by the assessee\nare allowed

TDS under section\n194A Held, yes [Para 12] [In favour of\nassessee]\nHIGH COURT OF | Section 4 read with sections 2(28A) and\nBOMBAY\n194A, of the Income-tax Act, 1961\nRupeshRashmi\nIncome Chargeable as (Interest on\nKant Shah\ncompensation)\nWhether interest\nυ.\nUnion of India*\nWRIT PETITION | awarded on compensation in motor\nNO.2902\nOF | accident claim cases from date

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3),, MUMBAI

In the result, all the five appeals filed by the assessee\nare allowed

TDS under section\n20\n194A Held, yes [Para 12] [In favour of\nassessee]\nHIGH COURT OF | Section 4 read with sections 2(28A) and\nBOMBAY\nRupeshRashmi\nKant Shah\nv.\nUnion of India*\nWRIT PETITION\nNO.2902\n2016\nOF\n194A, of the Income-tax Act, 1961 -\nIncome Chargeable as (Interest on\ncompensation)\nWhether interest\nawarded on compensation in motor\naccident claim cases

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI, MUMBAI

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

TDS under section M/s. K D LITE DEVELOPERS PRIVATE LIMITED 194A - Held, yes [Para 12] [In favour of assessee] HIGH COURT OF Section 4 read with sections 2(28A) and BOMBAY 194A, of the Income-tax Act, 1961 - RupeshRashmi Income - Chargeable as (Interest on Kant Shah compensation) - Whether interest v. awarded on compensation in motor Union of India* accident claim

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

TDS under section M/s. K D LITE DEVELOPERS PRIVATE LIMITED 194A - Held, yes [Para 12] [In favour of assessee] HIGH COURT OF Section 4 read with sections 2(28A) and BOMBAY 194A, of the Income-tax Act, 1961 - RupeshRashmi Income - Chargeable as (Interest on Kant Shah compensation) - Whether interest v. awarded on compensation in motor Union of India* accident claim

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI

In the result, all the five appeals filed by the assessee\nare allowed

TDS under section\n\n194A Held, yes [Para 12] [In favour of\nassessee]\n\nHIGH COURT OF | Section 4 read with sections 2(28A) and\nBOMBAY\n194A, of the Income-tax Act, 1961\nRupeshRashmi | Income Chargeable as (Interest on\nKant Shah\ncompensation)\nWhether interest\nυ.\nawarded on compensation in motor\nUnion of India*\naccident claim cases from date of Claim

M. R. CONSTRUCTION,MUMBAI vs. ACIT CEN CIR 22, MUMBAI

In the result, in the case of M

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

TDS Section 194A – Interest on loans 4,12,416 Nil 10,686 Section 194C Contractor 78,06,579 Nil 78,06,579 Section 194J – Supervision Charges 2,55,100 Nil 2,55,100 Section 194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses