ACIT- 3(1)(1), MUMBAI vs. MM/S SANOFI INDIA LIMITED (FORMERLY KNOWN AS AVENTIS PHARMA LTD)., MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

b) of Section 40A(2) of the Act is also not attracted in the present case.” 8. Taking note of the said observations, we find that in the present case, the learned Tribunal has found in the impugned order dated 18.02.2009 for the Assessment Years 2003-2004 that there is no evidence brought on record to show that the payment

ADDL CIT RG 8(1), MUMBAI vs. M/S. SANOFI INDIA LIMITED (FORMERLY KNOWN AS M/S. AVENTIS PHARMA LTD), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

capital of the subsidiary company (except in cases where it controls the composition of the board of directors without holding majority of the shares). While the holding company is a member of its subsidiary company, the subsidiary company is not a member of the holding company. As, the subsidiary company was not a member of the assessee subclause

SANOFI INDIA LTD FORMERLY KNOWN AS AVENTIS PHARMA LTD ,MUMBAI vs. ADDL CIT RG 8(1), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

capital of the subsidiary company (except in cases where it controls the composition of the board of directors without holding majority of the shares). While the holding company is a member of its subsidiary company, the subsidiary company is not a member of the holding company. As, the subsidiary company was not a member of the assessee subclause

ADDL CIT 8(1), MUMBAI vs. M/S. SANOFI INDIA LIMITED (FORMERLY KNOWN AS M/S. AVENTIS PHARMA LTD), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

capital of the subsidiary company (except in cases where it controls the composition of the board of directors without holding majority of the shares). While the holding company is a member of its subsidiary company, the subsidiary company is not a member of the holding company. As, the subsidiary company was not a member of the assessee subclause

SH KELKAR & CO. LTD.,MUMBAI vs. PR. CIT-4, MUMBAI

In the result, the appeal of the assessee stands allowed

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2015-16 Sh Kelkar & Company Principal Commissioner Of Limited, Income-Tax-4, Devkaran Mansion, 36, Vs. Room No. 629, 6Th Floor, Mangaldas Road, Aayakar Bhavan, Mumbai-400 002. Mumbai-400020. Pan No. Aaacs 9778 G Appellant Respondent Assessee By : Shri J.D. Mistry, Sr. Advocate & Shri Harsh Kothari Revenue By : Dr. Kishor Dhule, Cit-Dr : Date Of Hearing 13/02/2023 Date Of Pronouncement : 20/02/2023

40A(2)(b) reported in Audit Report and ITR k. Sale of property reported in Form 26QB. Sale of property reported in Form 26QB. 6.2 With reference to the notice u/s 142(1) of the Act dated With reference to the notice u/s 142(1) of the Act dated With reference to the notice

EASTERN CARGO CARRIERS (INDIA) PRIVATE LIMITED,MUMBAI, MAHARASHTRA, INDIA vs. THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT

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

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2021-22 M/S Eastern Cargo Carriers (India) The Assessment Unit, Income Tax Pvt. Ltd., Department, Vs. Unit No. 26, Adarsh Ind. Estates, Aaykar Bhavan, M.K. Road, Sahar Road, Andheri East, Mumbai-400020. Mumbai-400099. Pan No. Aaace 1520 E Appellant Respondent

gains business or profession’ business or profession’ amounting to Rs.8,85,62,030/ to Rs.8,85,62,030/- after claiming deduction of Rs.90,00,000/ claiming deduction of Rs.90,00,000/- u/s 35(1)(ii) of the Income u/s 35(1)(ii) of the Income-tax M/s Eastern Cargo Carriers (India) Pvt. Ltd. M/s Eastern Cargo Carriers (India

ACIT(LTU-1), MUMBAI vs. M/S. TCS LTD, MUMBAI

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

gains"; when it speaks of the transfer of "all or any rights", it expressly includes the granting of a licence in respect thereof; and it states that such transfer must be "in respect of" any copyright of any literary work. However, even where such transfer is 'in respect of" copyright, the transfer of all or any rights in relation

TATA CONSULTANCY SERRVICES LIMITED,MUMBAI vs. DCIT-1, MUMBAI

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

gains"; when it speaks of the transfer of "all or any rights", it expressly includes the granting of a licence in respect thereof; and it states that such transfer must be "in respect of" any copyright of any literary work. However, even where such transfer is 'in respect of" copyright, the transfer of all or any rights in relation

SHRI RENUKAMATA MULTI-STATE CO-OPERATIVE URBAN SOCIETY LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(4), MUMBAI

b)\nOrdinary members need to subscribe to at least a value of 3 shares.\n(c)\nAs per clause 5 of the bye-laws, nominal members must pay a fee of Rs.\n100 but most importantly the nominal members would not be allowed to\nsubscribe to the share capital of the assessee, are not eligible to\ntake/have any interest

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

b)\nOrdinary members need to subscribe to at least a value of 3 shares.\n(c) As per clause 5 of the bye-laws, nominal members must pay a fee of Rs.\n100 but most importantly the nominal members would not be allowed to\nsubscribe to the share capital of the assessee, are not eligible to\ntake/have any interest

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

In the result, the appeal by the assessee is partly allowed, while the\nappeal by the Revenue is dismissed

b)\nOrdinary members need to subscribe to at least a value of 3 shares.\n(c)\nAs per clause 5 of the bye-laws, nominal members must pay a fee of Rs.\n100 but most importantly the nominal members would not be allowed to\nsubscribe to the share capital of the assessee, are not eligible to\ntake/have any interest

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

b)\nOrdinary members need to subscribe to at least a value of 3 shares.\n(c)\nAs per clause 5 of the bye-laws, nominal members must pay a fee of Rs.\n100 but most importantly the nominal members would not be allowed to\nsubscribe to the share capital of the assessee, are not eligible to\ntake/have any interest

HSBC SECURITIES AND CAPITAL MARKETS (I) P.LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

Gains. 3.1.7. On the facts and in the circumstances of the case and in law, the Hon'ble DRP erred in making wrong references to section 47(iv), (v) and (vid) without M/s HSBC Securities and Capital Markets (India) Pvt. Ltd. appreciating that these sections have no application whatsoever to the facts of the present case and further that these

DCIT 4(1), MUMBAI vs. HSBC SECURITIES AND CAPITAL MARKETS (INDIA) P.LTD, MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

Gains. 3.1.7. On the facts and in the circumstances of the case and in law, the Hon'ble DRP erred in making wrong references to section 47(iv), (v) and (vid) without M/s HSBC Securities and Capital Markets (India) Pvt. Ltd. appreciating that these sections have no application whatsoever to the facts of the present case and further that these

HSBC SECURITIES AND CAPITAL MARKETS (INDIA) P. LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

Gains. 3.1.7. On the facts and in the circumstances of the case and in law, the Hon'ble DRP erred in making wrong references to section 47(iv), (v) and (vid) without M/s HSBC Securities and Capital Markets (India) Pvt. Ltd. appreciating that these sections have no application whatsoever to the facts of the present case and further that these

MORGAN STANLEY INDIA COMPANY P.LTD,MUMBAI vs. ASST CIT RG 4(3), MUMBAI

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

section 40A(2)(b) was to be set aside Thus, keeping in view the decision of Bombay High Court (supra) and when no contrary fact or law is brought to our notice, we affirm the finding of Id CIT(A). In the result the Ground No. 4 is dismissed.” Thus, respectfully following the same, the addition is deleted. This ground

ACIT 4(3), MUMBAI vs. MORGAN STANLEY INDIA CO. PVT. LTD., MUMBAI

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

section 40A(2)(b) was to be set aside Thus, keeping in view the decision of Bombay High Court (supra) and when no contrary fact or law is brought to our notice, we affirm the finding of Id CIT(A). In the result the Ground No. 4 is dismissed.” Thus, respectfully following the same, the addition is deleted. This ground

ADDL CIT RG 4(3), MUMBAI vs. MORGAN STANLEY INDIA CO P. LTD, MUMBAI

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

section 40A(2)(b) was to be set aside Thus, keeping in view the decision of Bombay High Court (supra) and when no contrary fact or law is brought to our notice, we affirm the finding of Id CIT(A). In the result the Ground No. 4 is dismissed.” Thus, respectfully following the same, the addition is deleted. This ground