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29 results for “capital gains”+ Section 115Vclear

Sorted by relevance

Mumbai29Hyderabad3Delhi2Visakhapatnam2SC1

Key Topics

Section 14A49Section 153A26Addition to Income24Disallowance23Section 143(3)17Section 43B10Section 115V9Transfer Pricing6Section 285Deduction5Section 144C4Section 143(2)4

TOLANI SHIPPING CO. LTD.,MUMBAI vs. DCIT,CIR-5(3)(2), MUMBAI

In the result, this appeal by the assessee for A

ITA 6730/MUM/2018[2004-05]Status: DisposedITAT Mumbai30 Mar 2021AY 2004-05
Section 10(33)Section 143(3)Section 14A

Capital Gains' and did not fall within ambit of sections 28 to 43C - Whether in view of above, receipt in question could not be considered as turnover as per provisions of section 115VA and, thus, it was out of purview of Chapter- XII-G of Act - Held, yes - Whether, consequently, authorities below were justified in making separate addition in respect

ACIT-CIRCLE-5(3)(2), MUMBAI vs. M/S GREAT EASTERN SHIPPING CO. LTD., MUMBAI

In the result, appeals of the assessee are allowed and appeals of the Revenue are dismissed

ITA 2426/MUM/2019[2015-16]Status: DisposedITAT Mumbai

Showing 1–20 of 29 · Page 1 of 2

31 Jan 2024
AY 2015-16

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S.RIFAUR RAHMAN (Accountant Member)

Section 143(3)Section 14ASection 43B

Section 115V-I of the Act based on the tonnage of the ships operated by the assessee company. Accordingly, the gross receipts of the tonnage tax business (Rs.14,03,07,80,962/-) and the expenses pertaining to the tonnage tax business (Rs.12,22,54,24,636/-) have been excluded while computing the business income of the assessee company

DCIT CIR 5(3)(2), MUMBAI vs. THE GREAT EASTERN SHIPPING CO. LTD, MUMBAI

In the result, appeals of the assessee are allowed and appeals of the Revenue are dismissed

ITA 2076/MUM/2018[2013-14]Status: DisposedITAT Mumbai31 Jan 2024AY 2013-14

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S.RIFAUR RAHMAN (Accountant Member)

Section 143(3)Section 14ASection 43B

Section 115V-I of the Act based on the tonnage of the ships operated by the assessee company. Accordingly, the gross receipts of the tonnage tax business (Rs.14,03,07,80,962/-) and the expenses pertaining to the tonnage tax business (Rs.12,22,54,24,636/-) have been excluded while computing the business income of the assessee company

SAMSON MARITIME LIMITED,MUMBAI vs. DCIT, CC-5(3), MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2261/MUM/2023[2015-16]Status: DisposedITAT Mumbai17 Mar 2025AY 2015-16

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

DY COMMISSIONER OF INCOME TAX (APPEAL)-53, MUMBAI vs. SAMSON MARITIME LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2328/MUM/2023[2014-2015]Status: DisposedITAT Mumbai17 Mar 2025AY 2014-2015

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(3), MUMBAI vs. M/S SAMSON MARITIME LTD, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2343/MUM/2023[2016-2017]Status: DisposedITAT Mumbai17 Mar 2025AY 2016-2017

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

SAMSON MARITIME LIMITED,MUMBAI CITY vs. DCIT, CC-5(3), MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2260/MUM/2023[2014-15]Status: DisposedITAT Mumbai17 Mar 2025AY 2014-15

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

DY COMMISSIONER OF INCOME TAX (APPEAL)-53, MUMBAI vs. SAMSON MARITIME LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2330/MUM/2023[2017-2018]Status: DisposedITAT Mumbai17 Mar 2025AY 2017-2018

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(3) , MUMBAI vs. M/S SAMSON MARITIME LTD, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2344/MUM/2023[2017-18]Status: DisposedITAT Mumbai17 Mar 2025AY 2017-18

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

SAMSON MARITIME LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX (APPEAL)-53, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2262/MUM/2023[2016-2017]Status: DisposedITAT Mumbai17 Mar 2025AY 2016-2017

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

SAMSON MARITIME LIMITED,MUMBAI vs. DCIT, CC-5(3), MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2258/MUM/2023[2012-13]Status: DisposedITAT Mumbai17 Mar 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

DCIT-CC5(3), MUMBAI vs. SAMSON MARITIME LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2326/MUM/2023[2012-2013]Status: DisposedITAT Mumbai17 Mar 2025AY 2012-2013

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

DY COMMISSIONER OF INCOME TAX (APPEAL)-53, MUMBAI vs. SAMSON MARITIME LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2329/MUM/2023[2015-16]Status: DisposedITAT Mumbai17 Mar 2025AY 2015-16

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

SAMSON MARITIME LIMITED,MUMBAI vs. DCIT, CC-5(3), MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2259/MUM/2023[2013-14]Status: DisposedITAT Mumbai17 Mar 2025AY 2013-14

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

SAMSON MARITIME LIMITED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 5(3), MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2263/MUM/2023[2017-2018]Status: DisposedITAT Mumbai17 Mar 2025AY 2017-2018

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

DY COMMISSIONER OF INCOME TAX (APPEAL)-53, MUMBAI vs. SAMSON MARITIME LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

ITA 2327/MUM/2023[2013-2014]Status: DisposedITAT Mumbai17 Mar 2025AY 2013-2014

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

Section 153A

115V provides definition describing „qualifying ship‟ and sea going ship in the following manner:- (a)…. (b)…. (c)…. (d)….. (e)…. (f)….. Samson Maritime Ltd., (g)…. (h) "qualifying ship" means a ship referred to in section 115-VD. (i) "seagoing ship" means a ship if it is certified as such by the competent authority of any country; (k) "tonnage tax activities" means

DEPUTY CIT-5(1)(1), MUMBAI, MUMBAI vs. M/S ESSAR SHIPPING LIMITED , MUMBAI

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

ITA 821/MUM/2022[2015-16]Status: DisposedITAT Mumbai14 Nov 2022AY 2015-16

Bench: Shri Amit Shukla, Jm & Shri M Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 821/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2015-16) M/S Essar Shipping Dy. Cit-Circle – 5(3)(1), Limited R. No. 568, Aayakar बिधम/ Essar House, 11, K K Bhavan, M. K. Road, Vs. Marg, Mahalaxmi, Mumbai-400 020 Mumbai-400 034 स्थायीलेखासं./जीआइआरसं./ Pan No. Aacce3707D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Prakash R. Mane, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Manoj Patwari/ Shri Rishav Patwari, Ld. Ars सुनवाईकीतारीख/ : 18.08.2022 Date Of Hearing घोषणाकीतारीख / : 14.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against Impugned Order Dated 28.02.2022, Passed By Ld. Cit (Appeals)-56, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S.

For Appellant: Shri Prakash R. ManeFor Respondent: Shri Manoj Patwari/ Shri
Section 115VSection 143(3)Section 28Section 43Section 92Section 92F

115V under Chapter XII-G of the Act and the Arm's Length Pricing adjustment made as per Section 92 to Section 92F under Chapter X of the Act has no application in this case. On this issue; 1.1 "Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is justified in not appreciating

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. DCIT RG 5(3), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

ITA 1656/MUM/2014[2009-10]Status: DisposedITAT Mumbai13 Sept 2023AY 2009-10

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 Nd Floor, Vs. Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of The Great Eastern Shipping Income-Tax, Co. Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 Nd Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

For Appellant: Shri Jitendra Jain, AdvocateFor Respondent: Shri Manoj Mishra, CIT DR
Section 115Section 143Section 143(3)Section 144CSection 14A

Gains of business or profession" notwithstanding anything to the contrary contained in section 28 to 43C. It, therefore, follows that when the income of the assessee from the business of operating ships is computed as per the special provisions contained in Chapter XIIG, only the expenses incurred by the assessee for earning income of the said business are deemed

DCIT 5(3)(2), MUMBAI vs. THE GREAT EASTERN SHIPPING CO.LTD, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

ITA 3272/MUM/2015[2009-10]Status: DisposedITAT Mumbai13 Sept 2023AY 2009-10

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 Nd Floor, Vs. Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of The Great Eastern Shipping Income-Tax, Co. Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 Nd Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

For Appellant: Shri Jitendra Jain, AdvocateFor Respondent: Shri Manoj Mishra, CIT DR
Section 115Section 143Section 143(3)Section 144CSection 14A

Gains of business or profession" notwithstanding anything to the contrary contained in section 28 to 43C. It, therefore, follows that when the income of the assessee from the business of operating ships is computed as per the special provisions contained in Chapter XIIG, only the expenses incurred by the assessee for earning income of the said business are deemed

DEPUTY COMMISSIONER OF INCOME TAX-5(2)(1) , MUMBAI vs. M/S M.PALLONJI SHIPPING PVT LTD, MUMBAI

Accordingly uphold the decision of the CIT(A) on this issue. The cross objections filed by the assessee in this regard is dismissed

ITA 2981/MUM/2022[2014-2015]Status: DisposedITAT Mumbai25 Apr 2023AY 2014-2015

Bench: Amit Shukla () & Ms. Padmavathy S. ()

Section 143(2)Section 57Section 92C

Section 115V-1 provides method of computation and defines the shipping income of a tonnage tax company as profit form core and incidental activity. As discussed above, exchange gain / loss does.not fall either in core activity or incidental activity pertaining to loan given-to subsidiary company. Therefore, the amount of foreign exchange gain