TATA SONS LTD,MUMBAI vs. CIT 2, MUMBAI

In the result, appeal of the assessee is allowed

section 48.\n3. Profits or gains must arise from the transfer and must be\nembedded in the consideration.\nSince the point raised in the first argument is not material\nregarding the issue involved before us, therefore, it would suffice\nto point out that the Hon'ble court held that such contribution of\nthe capital by way of transfer of personal

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

3) of the Income Tax Act, 1961 has discussed in detail the general concept of penny stocks etc. and certain prior investigation conducted by investigation wing which has formed main basis to reject the exemption u/s 10(38) of the Act as claimed by assessee and invoke section 68 against long term capital gains earned by assessee on sale

LEKHRAJ JASRAJ JAIN ,MUMBAI vs. DCIT 19(1), MUMBAI

In the result, the appeal filed by the assessee is allowed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2014-15

253/- under the head long- -term capital gain and claimed the same as exempt. Therefore, the Assessing Officer has gain and claimed the same as exempt. Therefore, the Assessing Officer has gain and claimed the same as exempt. Therefore, the Assessing Officer has recorded reasons to believe based on incorrect facts merely on the basis of recorded reasons to believe

NITESH RAJHANS SINGH,MUMBAI vs. THE INCOME TAX OFFICER -26(2)(3), MUMBAI

In the result, the appeal filed by the assessee is allowed

Bench: Shri Pavan Kumar Gadale & Ms Padmavathy S

capital gain cannot be denied to the assesse. (A copy of order is placed on page no. 108 to 121) Further reliance is placed on the judgment of Manishkumar Baid Vs ACIT ITAT Kolkatta it was held that rejecting the assesse claim of exemption u/s 10(38) of the Act is not correct. The tribunal has relied upon the judgment

DCIT 3(3)(2), MUMBAI vs. WATERMARK FINANCIAL CONSULTANTS LTD, MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

DCIT 3(3)(2), MUMBAI vs. WATERMARK SYSTEMS (INDIA) P. LTD, MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

DCIT 3(3)(2), MUMBAI vs. WATERMARK SYSTEMS (INDIA) P. LTD, MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

VIVEK VINOD VAID,MUMBAI vs. ITO 17(3)(5), MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

DCIT 3(3)(2), MUMBAI vs. WATERMARK FINANCIAL CONSULTANTS LTD, MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

ITO 3(3)(4), MUMBAI vs. WATERMARK SYSTEMS (I) P. LTD., MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

DCIT 3(3)(2), MUMBAI vs. WATERMARK FINANCIAL CONSULTANTS LTD, MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

ITO 3(3)(4), MUMBAI vs. WATERMARK SYSTEMS (I) P. LTD., MUMBAI

In the result, all the appeals of the revenue are dismissed

Capital Ltd. (formerly known as Watermark Financial Consultants Ltd.) ITA. No. Asst. Yr Date Income Pecuniary Date- Income AO AO remarks Original declared jurisdiction Return filed declared recording completing return filed as per u/s 148 reasons and assessment A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. CBDT issuing 148 Circular notice

PREETI CHIRANIA,MUMBAI vs. THE INCOME TAX OFFICER WARD - 28(2)(4), NAVI MUMBAI

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

Bench: Shri Sandeep Gosain & Ms. Padmavathy Svs. Ito, Ward – 28(2)(4) Preeti Chirania 309, 3Rd Floor, Tower No. Flat No.3, 1St Floor, 6, Vashi Rly Stn., Mangesh Santa Durga Commercial Complex, Chs, Sector – 17, Nerul Vashi Navi Mumbai – 400 (E), Navi Mumbai – 400 703. 706. Pan/Gir No. Akbpc0636M (Applicant) (Respondent)

253 30. Decision of Hon'ble Income Tax Appellate Tribunal, Mumbai in case of Shri Yogesh P Thakkar and Ors Vs. DCIT in ITA Nos. 1605 to 1611/Mum/2021 dated 03.02.2023 7. Whereas on the contrary, the Ld. DR relied upon the orders passed by the revenue authorities. 8. After having heard counsels from both the parties at length, we noticed

GRASIM INDUSTRIES LTD ( CORPORATE FINANCE DIVISION),MUMBAI vs. ADDL CIT RG 6(3), MUMBAI

Bench: the CIT(A). The CIT(A) partly allowed the appeal preferred by the Assessee vide order, dated 18/05/2009. 4. Not being satisfied with the relief granted by the Id. CIT(A), the Assessee has preferred appeal before this Tribunal. The Revenue has also filed cross-appeal challenging the relief granted by the Id. CIT(A).

Section 43B of the Act was inserted by the Finance Act, 1987 with effect from 01/04/1988. The First Proviso made it clear that Section 43B shall not apply in relation to any sum which is actually paid by the assessee in the next accounting year if it is paid on or before the due date for furnishing the return

ACIT 6(3), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

Section\n43B shall not apply in relation to any sum which is actually paid by\nthe assessee in the next accounting year if it is paid on or before\nthe due date for furnishing the return of income in respect of the\nprevious year in which the liability to pay such sum was incurred\nand the evidence of such payment

DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI vs. PANKAJ DHANJI GOSHAR, MUMBAI

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

Section 68 of the Act. It is recorded that \"There is no dispute that the shares of the two companies were purchased online, the payments have been made through banking channel, and the shares were dematerialized and the sales have been routed from de- mat account and the consideration has been received through banking channels.\" The above noted factors, including

JAIPRAKASH L. SINGH,MUMBAI vs. ACIT 31(2)(1), MUMBAI

In the result, the appeal filed by the assessee stands\nallowed

253 of 1961 Act) has held that\n'finding' means the finding necessary for giving relief\nin respect of the assessment year in question and the\nproviso to section 34(3) of the 1922 Act does not save time\nprescribed under section 34(1) in respect of escaped\nassessment of any year other than that which has been the\nsubject

ADDL CIT R G 7(1), MUMBAI vs. NOVARTIS INDIA LTD ( FORMERLY KNOWN AS HINDUSTAN CIBA GIEGY LTD. ), MUMBAI

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited V. Asst. Commissioner Of Income –Tax - 7(2)(2) {Earlier Addl. Commissioner Of Income –Tax – 7(1)} 6Th& 7Th Floor 1St Floor, Aayakar Bhavan Inspire Bkc M.K. Road, Mumbai - 400020 “G” Block, Bkc Main Road Bandra Kurla Complex, Bandra (E) Mumbai – 400051 Pan: Aaach2914F (Appellant) (Respondent) Addl. Commissioner Of Income –Tax – 7(1) V. M/S. Novartis India Limited Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent) Co No.190/Mum/2011 [Arising Out Of Ita No.6772/Mum/2010 (A.Y. 2002-03)] M/S. Novartis India Limited V. Addl. Commissioner Of Income –Tax – 7(1)} Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent)

section 143(2) proceeding and was treated as such by the assessee preclude it from urging lack of jurisdiction." (emphasis supplied) (3) There is no interplay of section 127 as held in para 8, in the following words- "8. As far as the section 127 goes, we are of the opinion that having regard to the findings rendered, that question

MR PANKAJ GOSHAR,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 8(4), MUMBAI

In the result, the appeal of the assessee is allowed and both the\nappeals of the Revenue are dismissed

3 of his order is\nthat assessee does not have elaborate experience in share trading and that\nthe isolated investment made by the assessee is in Pine Animation Ltd. This\nis factually incorrect as assessee has been regular in making investments in\nvarious scrips which is evident from the demat statement furnished on\nrecord by the assessee. Hence the observation