PRIYA KAPIL TODARWAL ,MUMBAI vs. INCOME TAX OFFICER WARD, 30(1)(1), MUMBAI

In the result the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai () & Smt. Renu Jauhri ()

rectification orders passed under section 154 of the Income Tax Act 1961. 3. The learned Addl./JCIT (Appeal)-6 Delhi, ought not to have dealt with an issue neither disputed nor appealed before her. 4. The appellant prays that appropriate Order be passed, deleting all those portions of the order of the Addl./JCIT (Appeal)-6 Delhi, denying

GOBINDRAM JAGDISH KAKWANI,MUMBAI vs. ITO INTERNATIONAL TAXATION WARD 3(1)(1), MUMBAI

In the result, appeal filed by the assessee partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon’Blegobindram Jagdish Kakwani Vs. Ito (It)- Ward 3(1)(1) C/O Gulabani & Co. Ca, Air India Building 507, 5Th Floor, Shree Prasad House Nariman Point 35Th Road, Off Linking Road Mumbai-400021 Bandra (West), Mumbai- 400050 Pan: Awopk5474C (Appellant) (Respondent)

rectification order u/s 154 of the I.T. Act, 1961, accepting the value passed by the DVO as the sale consideration amount for calculation of capital gains

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX- CIRCLE 6(1)(1), MAHARASHTRA

Bench: Shri Amit Shukla & Shri Makarand Vasant Mahadeokar1. Ita No. 6663/Mum/2025 (Assessment Year: 2017-18) 2. Ita No. 6701/Mum/2025 (Assessment Year: 2018-19) 3. Ita No. 6702/Mum/2025 (Assessment Year: 2022-23) & 4. Ita No. 6703/Mum/2025 (Assessment Year: 2023-24) Aditya Birla Sun Life Dcitcircle-6(1)(1), Amc Limited, Room No. 502, 5Th 17Th Floor, One World Vs. Floor, Aayakar Centre Tower-1, Jupiter Bhavan, M. K. Mill Compount, 841, Road, Churchgate, Senapati Bapat Marg, Mumbai-400 020 Delisle Road, S.O. Mumbai-400 013 Pan/Gir No. Aaacb6134D (Applicant) (Respondent) Assessee By Shri Ronak Doshi, Shri Shrey Agrawal & Shri Aadish Jain, Ld. Ars Revenue By Shri Surendra Mohan, Ld. Dr Date Of Hearing 27.01.2026 Date Of Pronouncement 06.02.2026

capital gains amounting to Rs. 13,46,813/-. GROUND NO. II: SHORT GRANT OF CREDIT OF TAX DEDUCTED AT SOURCE (“TDS”) AMOUNTING TO RS. 15,76,346/- 1. On the facts and in the circumstances of the case and in law, CIT(A) erred in upholding the action of the AO in granting total credit

AHMEDNAGAR INVESTMENTS PVT. LTD.,MUMBAI vs. DCIT, CC- 5(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanvk-Vk-La- 7125@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ Vk-Vk-La- 7126@Eaqcbz@2018 ¼Fu-Oa- 2014&15½ M/S Ahmednagar Investments Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aadca9872E Cuke Vs. Deputy Commissioner Of Income Tax, Circle– 5(3) Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

capital gains (claimed as exempt u/s 10(38) of the Act) Rs.21,15,65,969/-. 8. It is a well settled principle that the scope of rectification of mistake u/s 154

AHMEDNAGAR INVESTMENTS PVT. LTD.,MUMBAI vs. DCIT, CC- 5(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanvk-Vk-La- 7125@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ Vk-Vk-La- 7126@Eaqcbz@2018 ¼Fu-Oa- 2014&15½ M/S Ahmednagar Investments Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aadca9872E Cuke Vs. Deputy Commissioner Of Income Tax, Circle– 5(3) Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

capital gains (claimed as exempt u/s 10(38) of the Act) Rs.21,15,65,969/-. 8. It is a well settled principle that the scope of rectification of mistake u/s 154

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6(1)(1), MAHARASHTRA

capital gains amounting to Rs. 13,46,813/-.\nGROUND NO. II: SHORT GRANT OF CREDIT OF TAX DEDUCTED AT SOURCE (“TDS”) AMOUNTING TO RS. 15,76,346/-\n1. On the facts and in the circumstances of the case and in law, CIT(A) erred in upholding the action of the AO in granting total credit

ACIT 3(1)(2), MUMBAI vs. HIKAL LTD, MUMBAI

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Prashant Maharish & Pavan Kumar Gadaleacit – 3(1)(2), Vs. M/S Hikal Ltd Room No. 607, 6Th Floor 717/718, Maker Aayakar Bhavan, Chambers V, Mumbai – 400020. Nariman Point, Mumbai – 400021. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaach0383A Appellant .. Respondent Appellant By : Smt .Madhumalti Gosh.Cit Dr Respondent By : Sri.Sanjay Parikh.Ar Date Of Hearing 16.11.2022 Date Of Pronouncement 25.01.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Mumbai, Passed U/S 154 & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

rectification proceedings. 8) The AO issuing a fresh notice dated 26.12.2014 leads to once again revisiting the taxability of notional gain to the book profit u/s. 115JB. This itself shows that the issue is debatable i.e. (a) a view taken originally by AO assessing income of Respondent, (b) ACIT having issued notice u/s. 154 and having not taken any action

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX- CIRCLE 6 (1)(1), MAHARASHTRA

capital gains amounting to Rs. 13,46,813/-.\nGROUND NO. II: SHORT GRANT OF CREDIT OF TAX DEDUCTED AT\nSOURCE (“TDS”) AMOUNTING TO RS. 15,76,346/-\n1. On the facts and in the circumstances of the case and in law, CIT(A)\nerred in upholding the action of the AO in granting total credit

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 6(1)(1), MAHARASHTRA

capital gains amounting to Rs. 13,46,813/-.\nGROUND NO. II: SHORT GRANT OF CREDIT OF TAX DEDUCTED AT\nSOURCE (“TDS”) AMOUNTING TO RS. 15,76,346/-\n1. On the facts and in the circumstances of the case and in law, CIT(A)\nerred in upholding the action of the AO in granting total credit

NARESH JERAMDAS IDNANI ,MUMBAI vs. ITO, INT TAX WARD-2(2)(1), MUMBAI

Accordingly, Ground No.1.1. to 1.3. raised by the Appellant are allowed while all the grounds raised by the Appellant are dismissed as having being rendered infructuous

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

U/s. 234D of Rs. 1,79,167/- which is required to be deleted.” 2 Assessment Year: 2016-2017 3. The relevant facts in brief are that the Appellant filed revised return of income on 19/09/2016 declaring total income at INR.80,96,060/-. In the return of income, the Appellant had declared Long Term Capital Gain of INR.50,96,000/- arising

M/S S.M.CONSTRUCTION ,MUMBAI vs. NFAC, DELHI, MUMBAI

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

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.2610/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2020-21) M/S. S. M. Construction बिधम/ Nfac, Delhi 112/113, Mittal Tower, B Room No. 356, C. R. Vs. Wing, Nariman Point, Building, New Delhi- Mumbai-400021. 110002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aamfs8170P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hari Raheja Revenue By: Shri Abi Rama Karthikeyan (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 29/12/2022 घोषणा की तारीख /Date Of Pronouncement: 31/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 19.09.2022 For The Assessment Year 2020-21. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Dismissing The Appeal Preferred By The Assessee Against The Action Of The Cpc Which Passed The Intimation U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”) On The Reason That The Assessee Had Filed Another Appeal Against The Same Intimation Order Of Cpc (For Rectification Of Mistake U/S 154 Of The Act). 3. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That The Assessee Had Filed Return Of Income On 03.02.2021 Declaring Total Income Of Rs.2,09,61,710/-. The Ao/Cpc Processed The Return Of The Assessee & Passed The Intimation U/S 143(1) Of The Act & Made

rectification of mistake u/s 154 of the Act). 3. At the outset, the Ld. AR of the assessee brought to our notice that the assessee had filed return of income on 03.02.2021 declaring total income of Rs.2,09,61,710/-. The AO/CPC processed the return of the assessee and passed the intimation u/s 143(1) of the Act and made

PREM NARAINDAS RANEY,MUMBAI vs. DCIT , CIR-23(1), MUMBAI

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

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

rectification order u/s 154 of the I.T. Act, 1961. 9. Leaned CIT(A) 33, Mumbai erred in law in confirming order u/s 143(1) passed by the Dy CIT, CPC on the ground that both the authorities ignored the Prem Naraindas Raney (Deceased) Through L/H Shri Ajay Prem Raney ITA no.1432/Mum./2023 mandatory and statutory provisions of section

DY COMMISSIONER OF INCOME TAX, CEN.CIRCLE-4(1), MUMBAI vs. SHRI SUDHIR SHANTILAL MEHTA, MUMBAI

In the result, appeal of the assessee is allowed and appeal of the\nrevenue is dismissed

rectification order u/s 154 of the Act\nand computed the total income as under:-\nParticulars\nAmount\nin Rs.\nAmount\nin Rs.\n1.\nUnexplained investments\n(as per OGE dated 30.08.2023)\nLess: Relief granted as directed by Ld.CIT(A) vide order\ndated 09.01.2023 on Unexplained Investments\n[Para-6]:\n(a) Unexplained investments (relief granted after\nverification as directed in Ld.CIT

SUDHIR S. MEHTA,MUMBAI vs. DCIT, CC-4(1), MUMBAI

In the result, appeal of the assessee is allowed and appeal of the\nrevenue is dismissed

rectification order u/s 154 of the Act\nand computed the total income as under:-\nParticulars\nAmount\nin Rs.\nAmount\nin Rs.\n1.\nUnexplained investments\n(as per OGE dated 30.08.2023)\n6,32,14,092\nLess:\nRelief granted as directed by Ld.CIT(A) vide order\ndated 09.01.2023 on Unexplained Investments\n[Para-6]:\n(a) Unexplained investments (relief granted after\nverification

ASHOK GANESHLAL MUNDRA,MUMBAI vs. ITO 3(1)(1), MUMBAI

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

Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopal, Ashok Ganeshlal Mundra Vs. Asst. Dir. Of I. Tax Cpc 601, A Wing, Hansa C.H.S (Jao: Ward Mum-W - Ltd. Behind Rameshwar 331(1), Ito, Ward 3(1)(1) Mandir, Jogeshwari (East) Aayakar Bhavan, M.K. Mumbai – 400 060 Road, Mumbai- 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Abbpm0548H Appellant .. Respondent Appellant By : Ajay Singh & Akshay Pawar Respondent By : Manoj Kumar Sinha Date Of Hearing 05.03.2024 Date Of Pronouncement 15.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 22.09.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “I. Denial Of Exemption Of Rs.47,18,400/- Claimed U/S 54Ec Of The Act, In Respect Of Investment In Capital Gains Bonds: 1. On The Facts & In The Circumstances Of The Case & In Law, The Id. C.I.T. (Appeals) Nfac, Erred In Upholding The Order Dt 29-01-2020 Passed U/S 154 By Adit, Cpc Denying The Relief For Exemption Of Rs.47,13,400 U/S 54Ec For Investment Of Rs. 50 Lakhs In Capital Gains Rec Bonds. 2. The Id. Cit. (Appeals) Failed To Appreciate & Consider That The Exemption Was Claimed U/S 54 Ec Of The Act, However The Same Was Not Reflected In Itr-3 Of Cpa Due To Technical Snag Which Is To Be Resolved By Dit (Systems). 3. Without Prejudice The Appellate Authority Ought To Have Considered The Claim On Its Own Merits, When Details Of Investment Made In Rec Bonds Were On Record Ii. Set-Off Of Short Term Capital Loss Against Long Term Capital Gains:

rectification application u/s 154 of the Act which was rejected by CPC vide order passed u/s 154 of the Act on 29.01.2020. The assessee claimed that he had sold a residential flat in Pune for consideration of Rs.1.50 crores and determined long term capital gain

M/S EDC SECURITIES PVT. LTD,MUMBAI vs. DCIT CENTRAL CIRCLE 5 (3), MUMBAI

In the result, both appeals by the assessee are dismissed

Bench: Shri Vikas Awasthy & Shri M Balaganeshvk-Vk-La- 1269@Eaqcbz@2019 ¼Fu-Oa- 2012&13½ Vk-Vk-La- 7129@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ M/S Edc Securities Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel (W) Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aaace9165D Cuke Vs. Deputy Commissioner Of Income Tax Circle 5 (3), Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

Capital Gain (hereinafter as "LTCG") amounting to Rs.43,21,38,796/- could not be made in an appeal against rectification order passed by the Assessing Officer (hereinafter as "AO") u/s 154

EDC SECURITIES PVT. LTD.,MUMBAI vs. DCIT , CC -5(3), MUMBAI

In the result, both appeals by the assessee are dismissed

Bench: Shri Vikas Awasthy & Shri M Balaganeshvk-Vk-La- 1269@Eaqcbz@2019 ¼Fu-Oa- 2012&13½ Vk-Vk-La- 7129@Eaqcbz@2018 ¼Fu-Oa- 2013&14½ M/S Edc Securities Pvt. Ltd. 11/12, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel (W) Mumbai-400 013 ..... Vihykfkhz/Appellant Pan No. Aaace9165D Cuke Vs. Deputy Commissioner Of Income Tax Circle 5 (3), Room No.1906, 19Th Floor, Air India Building, Nariman Point, ..... Izfroknh/Respondent Mumbai-400 021

Capital Gain (hereinafter as "LTCG") amounting to Rs.43,21,38,796/- could not be made in an appeal against rectification order passed by the Assessing Officer (hereinafter as "AO") u/s 154

LATE DEV KUMAR GOPALDAS AGGARWAL (THROUGH LEGAL REPRSENTATIVE-MR. YOGESH DEVKUMAR AGGARWAL),MUMBAI vs. INCOME TAX OFFICER WARD 20(1)(1), MUMBAI

In the result, the appeal of assesseeis allowed

Bench: Shri Pawan Singh & Shri Prabhash Shankar(Physical Hearing) Late Devkumargopaldas Aggarwal Ito, Ward-20(1)(1) 2Nd Floor, Gupta Mills Estate, Darukhana, Vs Mumbai Reay Road, Mumbai-400010. [Pan No. Aabpa0675J] Appellant / Assessee Respondent / Revenue

Capital Gain chargeable to at special rate of 10% u/s 112 at Rs. Late Devkumar Gopaldas Aggarwal 71.39.912/- in the intimation as well as rectification order passed u/s 154