ACIT CIRCLE-2(1)(1), MUMBAI vs. M/S BOMBAY DYEING & MANUFACTURING CO. LTD. , MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

4,539,004 711 32,373,318 677,189,263 644,916.945 644,916.945 per ICC- new Scal worki ng) Two 143,220 13,176,782 13,176,782 785 103,437,739 1,965,888.396 1,862,450.658 1,862,450.658 ICC- Scal M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing

ACIT CIRCLE-2(1)(1), MUMBAI vs. M/S BOMBAY DYEING & MANUFACTURING CO. LTD. , MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

4,539,004 711 32,373,318 677,189,263 644,916.945 644,916.945 per ICC- new Scal worki ng) Two 143,220 13,176,782 13,176,782 785 103,437,739 1,965,888.396 1,862,450.658 1,862,450.658 ICC- Scal M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing

THE BOMBAY DYEING & MANUFACTURING COMPANY LTD.,,MUMBAI vs. DCIT, C--2(1), MUMBAI, MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

4,539,004 711 32,373,318 677,189,263 644,916.945 644,916.945 per ICC- new Scal worki ng) Two 143,220 13,176,782 13,176,782 785 103,437,739 1,965,888.396 1,862,450.658 1,862,450.658 ICC- Scal M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing

THE BOMBAY DYEING & MANUFACTURING COMPANY LTD.,,MUMBAI vs. DCIT, C--2(1), MUMBAI, MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

4,539,004 711 32,373,318 677,189,263 644,916.945 644,916.945 per ICC- new Scal worki ng) Two 143,220 13,176,782 13,176,782 785 103,437,739 1,965,888.396 1,862,450.658 1,862,450.658 ICC- Scal M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing

MATRIX PARTNERS INDIA INVESTMENT HOLDINGS, LLC,MAURITIUS vs. DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI

In the result the appeal filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

section 90(2), the Ld. A.O. has granted the beneficial option to the applicant at the preference of the Applicant itself. 11. Treaty Provisions are applicable in re/ qua "Income" and not "sources". In this case, there has been one single species of Income, "capital gains" that too, Long Term Capital Gains. 7. To sum up, as per facts

ISC SPECIALITY CHEMICALS LLP ,MUMBAI vs. ITO WARD 19(1)(5), MUMBAI

In the result the appeal filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

4) u/s. 47A was inserted by Finance Act, 2010 with effect from 01/04/2011. 4.3 Nowcoming back to the issues raised by the Ld.AR reproduce here in above,a query was raised by the bench, as to why,these were raisedto consider whether the assessee satisfies the requirement u/s.47(xiiib) of the Act, in order to, claim exemption from capital gain

FAROOQ ABDULLA MERCHANT,MUMBAI vs. ITO 23 (1)(4), MUMBAI

In the result, Ground No. V raised by the assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms. Kavitha Rajagopal, Hon'Blefarooq Abdulla Merchant V. Income Tax Officer- Ward – 23(1)(4) Matru Mandir, Tardev Road A-1401, Poseidon Tower Mumbai – 400 007 Versova, Yari Road Above Indian Bank, Versova Andheri (W), Mumbai - 400061 Pan: Ahupm7426K (Appellant) (Respondent) Assessee Represented By : Shri Vimal Punamiya Department Represented By : Smt. Vranda U. Matkarni

section 54 of the income Tax Act, 1961. 2. Commission expenses of Rs.2101981/-: Commission has been paid by my client is Rs.2101981/- for the purpose of sale of Bandra Flat, which has been fully affirmed by the agent which has been incurred by my client, which has been properly claimed by my client, even legal fees paid to Mr. Subhash

TARUN KUMAR RATAN SINGH RATHI,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 32(1), MUMBAI

250 of the Income Tax Act, 1961 ('the Act'), by the\nLearned Commissioner of Income Tax (Appeals) / National\nFaceless Appeal Centre, Delhi ('Ld. CIT(A)'), for the\n assessment year 2015-16. The assessee has raised the\nfollowing grounds of appeal:\n1 On the facts and in the circumstances of the case

BAY CAPITAL INDIA FUND LIMITED,MUMBAI vs. CIT (A) 55, MUMBAI, MUMBAI

In the result, the appeal by the assessee is allowed

250 of the Income Tax Act,\n1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)-55,\nMumbai, [“learned CIT(A)”], for the assessment year 2019-20.\n2.\nIn this appeal, the assessee has raised the following grounds of appeal:-\nITA No.6355/Mum/2024 (A.Y. 2019-20) 2\n“1. On the facts and circumstances of the case

ITO 41(3)(1), MUMBAI, MUMBAI vs. DEEPIKA ANIL AGARWAL, MUMBAI

In the result the appeal filed by the revenue stands\ndismissed

section 68of the Income Tax Act, 1961without\nconsidering the documentary evidences submitted by respondent\nduring the assessment proceedings and passed order dated\n29.12.2017 raising a demand of Rs.2,27,19,630/-.\n12. The Ld. AO did not do analysis of facts and he only relied on information,\nwithout appreciating evidences. Ld. A.O. did not apply his mind and made\naddition

RAJENDRA KUMAR MUNDRA (HUF),MUMBAI vs. NATIONAL FACELESS ASSESSMENT CENTRE (NFAC), DELHI

In the result the appeal filed by the assessee stands allowed

Bench: Hon’Ble Shri Sandeep Gosain& Shri Girish Agrawalrajendra Kumar Mundra Vs. Ito, Ward 24(3)(1) (Huf) Piramal Chamber C-28, Ameya Bldg, Behind Lalbaug, Mumbai – Ymca Dn Nagar Andheri (W) 400012. 400053. Pan/Gir No.Aadh6828J (Applicant) (Respondent)

250 on 30.03.2023 By Hon’ble Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi in the matter of Yogesh Harish Bulchandani. (Order dated 30.03.2023) FURTHER MORE RELIANCE IS ALSO PLACED ON FOLLOWING CASE LAWS: - SN CITATION OBSERVATION 1. [2015] 54 taxmann.com Section 68 of the Income-tax Act, 1961 - 108 (Bombay) HIGH Cash credit (Share dealings) - COURT

UDAYAN GROVER,MUMBAI vs. NATIONAL FACELESS APPEAL CENTRE(NFAC), DELHI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleudayan Grover V. National Faceless Appeal Centre Panch Mahal Delhi Panch Sristhi Complex {Acit – 26(3), Bkc, Mumbai} Powai, Mumbai - 400072 Pan: Aclpg0572G (Appellant) (Respondent) Assessee Represented By : Shri Vimal Punmiya Department Represented By : Ms. Kavitha Kaushik

capital gain as unexplained cash credit, Rs. 1,25,00,000/- made on account of treating unsecured loans as unexplained cash credit and Rs. 62,81,000/- disallowed under section 57 totally amounting to Rs. 6,46,91,500/- may kindly be deleted and the income declared by the assessee may be accepted.” 10. After considering detailed submissions

SHRI RAJESH RAMCHANDRA DAKE,PANVEL vs. DY CIT CC-1, MUMBAI

250 of the Income Tax Act, 1961 (in short 'the Act') for the Assessment Year (in short 'AY') 2008-09.\n\n2. Relevant facts in brief for adjudication of the present litigations are that a search action under Section 132 of the Act was carried out in Valuable group of cases and its associate concerns on April 10, 2013 which

CHERYL OSCAR PEREIRA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 13(1)(2), MUMBAI, MUMBAI

In the result, appeal of the assessee bearing ITA No

Bench: Shri Anikesh Banerjee & Shri Gagan Goyal

250 of the Income-tax Act, 1961 (in short, ‘the Act’), for Assessment Year 2015-16, date of order 19.01.2024.The impugned order was emanated from the order of the Ld.Deputy Commissioner of Income Tax, Circle-13(1)(2), Mumbai (in short, ‘the A.O.’) passed under section 143(3) of the Act. 2. The assesseehas taken the following grounds of appeal

VERITAS (INDIA) LTD,MUMBAI vs. DCIT - CC- 5(1), MUMBAI

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

4 of the appeal of the assessee for all these assessment years.” 16. In the light of the aforesaid decision of the Tribunal in assessee’s own group cases regarding bogus long term capital gain wherein the Tribunal was pleased to confirm the action of the AO regarding the bogus long term capital gain. Therefore, on the same reasoning

JT. CIT (OSD) ,CC - 5(1), MUMBAI vs. VERITAS INDIA LTD., MUMBAI

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

4 of the appeal of the assessee for all these assessment years.” 16. In the light of the aforesaid decision of the Tribunal in assessee’s own group cases regarding bogus long term capital gain wherein the Tribunal was pleased to confirm the action of the AO regarding the bogus long term capital gain. Therefore, on the same reasoning

MEENA HASMUKH SAVLA,MATUNGA MUMBAI vs. ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE

In the result the appeal filed by the assessee is\nallowed

250 of the Income Tax Act, 1961 (‘the Act'), by the Commissioner of Income Tax (Appears)-51, Mumbai for the assessment year 2016-17.\n\n2. The brief facts of the case are that the assessee is an individual and deriving income from salary and other sources. The return of income for the year under consideration was filed thereby declaring

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

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