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13 results for “capital gains”+ Section 80p(2)(l)clear

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Key Topics

Section 80P(2)(d)36Section 14A24Deduction13Section 143(3)12Disallowance11Section 35D10Section 80P(2)(a)8Addition to Income7Section 36(1)(vii)6

ITO-26(2)(1), MUMBAI, MUMBAI vs. SANGLI VAIBHAV CO OPERATIVE CREDIT SOCIETY LIMITED, MUMBAI

ITA 3770/MUM/2023[2018-19]Status: DisposedITAT Mumbai22 May 2024AY 2018-19

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

For Appellant: Shri Ketan L. VajaniFor Respondent: Dr. Kishor Dhule
Section 143Section 143(1)Section 143(3)Section 80P(2)(d)

L. Vajani Date Conclusion of hearing : 09.05.2024 Pronouncement of order : 22.05.2024 O R D E R Per Rahul Chaudhary, Judicial Member: 1. These are 3 appeals pertaining to Assessment Years 2017-18, 2018- 19 and 2020-2021 preferred by the Revenue against three separate orders, each dated 23/08/2023, passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal

ITO-26(2)(1), MUMBAI, MUMBAI vs. SANGLI VAIBHAV CO OPERATIVE CREDIT SOCIETY LIMITED, MUMBAI

Section 36(1)(viia)6
Section 2505
Limitation/Time-bar2
ITA 3766/MUM/2023[2020-21]Status: DisposedITAT Mumbai22 May 2024AY 2020-21

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

For Appellant: Shri Ketan L. VajaniFor Respondent: Dr. Kishor Dhule
Section 143Section 143(1)Section 143(3)Section 80P(2)(d)

L. Vajani Date Conclusion of hearing : 09.05.2024 Pronouncement of order : 22.05.2024 O R D E R Per Rahul Chaudhary, Judicial Member: 1. These are 3 appeals pertaining to Assessment Years 2017-18, 2018- 19 and 2020-2021 preferred by the Revenue against three separate orders, each dated 23/08/2023, passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal

ITO-26(2)(1), MUMBAI, MUMBAI vs. SANGLI VAIBHAV CO OPERATIVE CREDIT SOCIETY LIMITED, MUMBAI

ITA 3769/MUM/2023[2017-18]Status: DisposedITAT Mumbai22 May 2024AY 2017-18

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

For Appellant: Shri Ketan L. VajaniFor Respondent: Dr. Kishor Dhule
Section 143Section 143(1)Section 143(3)Section 80P(2)(d)

L. Vajani Date Conclusion of hearing : 09.05.2024 Pronouncement of order : 22.05.2024 O R D E R Per Rahul Chaudhary, Judicial Member: 1. These are 3 appeals pertaining to Assessment Years 2017-18, 2018- 19 and 2020-2021 preferred by the Revenue against three separate orders, each dated 23/08/2023, passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal

SANGAM SAHAKARI PATPEDHI MARYADITNAGARI,NAVI MUMBAI, THANE vs. MUMBAI-W-91, VASHI NAVIMUMBAI

In the result, both the appeal of the assessee are allowed

ITA 3377/MUM/2023[2015-16]Status: DisposedITAT Mumbai31 Jan 2024AY 2015-16

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2015-16 & Assessment Year: 2020-21 Sangam Sahakari Patpedhi Mumbai-W-91, Maryaditnagari, Navi Mumbai, It-Office, Vashi Railway Station Office No. 227, Central Facility Vs. Building Navi Mumbai-400703. Building, 3Rd Floor, Sector-19, Turbhe, Navi Mumbai-400705. Pan No. Aacas 6296 B Appellant Respondent

For Appellant: Mr. Vijay Kumar ShindeFor Respondent: Ms. Kakoli Ghosh, Sr. DR
Section 80P(2)(a)Section 80P(2)(d)

l a consequence, the investments were shown as liabilities, as they iabilities, as they represented the money belonging to the members. The income derived represented the money belonging to the members. The income derived represented the money belonging to the members. The income derived from the investments made by retaining the from the investments made by retaining the monies belonging

SADHANA SAHAKARI PATPEDHI LIMITED,PALGHAR vs. CIT(A), NFAC, DELHI

ITA 55/MUM/2024[2017-18]Status: DisposedITAT Mumbai23 Jul 2024AY 2017-18

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Shri Unmesh J NarvekarFor Respondent: ShriDr. Kishore Dhule - CIT DR
Section 143(3)Section 250Section 80PSection 80P(2)(C)Section 80P(2)(a)Section 80P(2)(d)

L imited itself rendered on 08th February 2010, in Tot- gar's Co-operative Sale Soci ety Limited v. ITO , reported in MANU/SC/0095/2010: (2010) 322 ITR 283 SC : ( 2010) 3 SCC 223 for the preceding years, namely Assessment Years 1991-1992 to 1999-2000 (except Assessment Year 1995-1996) holding that such interest income earned by the assessee was taxable

CIDCO EMPLOYEES CO-OP. CREDIT SOCIETY LTD,NAVI MUMBAI vs. WARD 28(1)(3), NAVI MUMBAI

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

ITA 700/MUM/2024[2020-21]Status: DisposedITAT Mumbai07 Aug 2024AY 2020-21

Bench: Shri Anikesh Banerjee & Shri Gagan Goyalcidco Employees Co-Op. Credit Society, Ground Floor, Cidco Bhavan, Cbd Belapur, Navi Mumbai – 400 614 Pan:Aaaac2203N ..... Appellant Vs. Ito Ward 28(1) (3)/ Nfac Delhi ..... Respondent

For Appellant: Shri Bhupendra Shah, Ld. ARFor Respondent: Shri H. M. Bhatt, Ld. DR
Section 143Section 234BSection 250Section 271(1)Section 80Section 80P

L Account held that since the Assessee had not, vide its replies, given any response to the request for details regarding TDS compliance, hence the same was added back to the taxable income and resultantly an addition of Rs. 4, 81,264/- was made. vi) The Ld. Assessing Officer on the issue of Form 3CD filed by the Assessee

DCIT-2(3)(1), MUMBAI vs. INDUSIND BANK LTD., MUMBAI

ITA 3675/MUM/2023[2018-19]Status: DisposedITAT Mumbai17 Jul 2025AY 2018-19
Section 143(3)Section 14ASection 250Section 35DSection 36(1)(via)Section 36(1)(viia)Section 43B

80P(2)(a)(i) of the Act but would also be applicable to all\nbanks/commercial banks, to which Banking Regulation Act, 1949 applies.\n38. From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares

INDUSIND BANK LTD,MUMBAI vs. THE DCIT-2(3)(1), MUMBAI

In the result, the Income Tax Appeal is\ndismissed

ITA 1842/MUM/2023[2019-20]Status: DisposedITAT Mumbai17 Jul 2025AY 2019-20
Section 143(3)Section 14ASection 250Section 35DSection 36(1)(via)Section 36(1)(viia)Section 43B

80P(2)(a)(i) of the Act but would also be applicable to all\nbanks/commercial banks, to which Banking Regulation Act, 1949 applies.\n\n38. From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares

DBS BANK LTD (DBS BANK LTD., INDIA BRANCHES NOW CONVERTED INTO DBS BANK INDIA LTD),MUMBAI vs. DCIT (INT TXT)-2(1)(2), MUMBAI

In the result, appeal of the assessee in ITA No

ITA 3691/MUM/2023[2015-16]Status: DisposedITAT Mumbai21 Nov 2024AY 2015-16

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sunil Kumar Singh, Hon’Ble

For Appellant: Shri P.J. Pardiwala/Shri Madhur Agarwal, A/RsFor Respondent: Shri Vivek Permpurna, CIT, D/R
Section 143(3)Section 14ASection 28Section 36Section 36(1)(vii)Section 36(1)(viia)Section 36(2)Section 37(1)Section 44C

L Account which refers to operating expenses, we find two distinct heads of expenditure, namely, "Provision for Non-performing Assets" and "Bad Debts/Advances Written Off". It is for the appellant(s) to explain the difference between the two to the Assessing Officer. Which of the two items will constitute expenditure under the Income-tax Act has to be decided according

DCIT (IT)-2(1)(2), AIR BUILDING, NARIMAN POINT, MUMBAI vs. DBS BANK LIMITED, MUMBAI

ITA 4722/MUM/2023[2015-16]Status: DisposedITAT Mumbai21 Nov 2024AY 2015-16
For Appellant: Shri P.J. Pardiwala/Shri Madhur Agarwal, A/RsFor Respondent: Shri Vivek Permpurna, CIT, D/R
Section 143(3)Section 14ASection 28Section 36Section 36(1)(vii)Section 36(1)(viia)Section 36(2)Section 37(1)Section 44C

L Account which\nrefers to operating expenses, we find two distinct heads of expenditure, namely,\n\"Provision for Non-performing Assets\" and \"Bad Debts/Advances Written Off\". It is\nfor the appellant(s) to explain the difference between the two to the Assessing Officer.\nWhich of the two items will constitute expenditure under the Income-tax Act has to be\ndecided

ACIT - 2(2)(2), MUMBAI vs. YES BANK LIMITED, MUMBAI

ITA 3017/MUM/2019[2015-16]Status: DisposedITAT Mumbai05 Feb 2024AY 2015-16
Section 14ASection 251Section 35DSection 8D(2)

Section 115TA of the Act\nprovides for different rates for different Assessees, which\nsubstantiates that the tax paid by trust u/s 115TA of the Act is the\ntax paid on behalf of the Assessee. The taxability in the hands of\nthe Securitisation trust.\nThus, the interest income of the Assessee, though not taxed in the\nhands of the Assessee (investor

YES BANK LTD.,,MUMBAI vs. DCIT(2)(2)(2), MUMBAI

ITA 4278/MUM/2019[2015-16]Status: DisposedITAT Mumbai05 Feb 2024AY 2015-16
Section 14ASection 251Section 35DSection 8D(2)

gains from business and\nprofession. What happens is that, in the process, when the shares are\nheld as „stock-in-trade, certain dividend is also earned, though\nincidentally, which is also an income. However by virtue of Section 10(34)\nof the Act, this dividend income is not to be included in the total income\nand is exempt from

TATA CHEMICALS LTD,MUMBAI vs. ADDL CIAT 2(3), MUMBAI

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

ITA 120/MUM/2013[2008-09]Status: DisposedITAT Mumbai10 Nov 2023AY 2008-09

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

Section 144C(5)Section 14ASection 43BSection 80

L Account. 5.5 Therefore, it is evident that all expenses connected with the exempt income have to be disallowed under section 14A regardless of whether they are direct or indirect, fixed or variable and managerial or financial in accordance with law. It is further evident that deduction in respect of expenditure incurred by the assessee in relation to exempt income