PRASHANT KOTHARI,SINGAPORE vs. CIT A (57) MUMBAI, OFFICE OF COMMISSIONER OF APPEALS MUMBAI

In the result, the additional ground of\nappeal is allowed

delay is hereby condoned and the appeal of the\nassessee is admitted for adjudication.\n\n3. Further, the Ld. AR has brought to our notice that the assessee has\nmoved an application seeking permission to raise following additional\ngrounds of appeal which read as under:\n\n\" 1. On the facts and circumstances of the case

ACIT CIR 4(2), MUMBAI vs. VIMLA S. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

A.C.I.T. 4(2), MUMBAI vs. VIMLA SURESH JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

SURESH K JAJOO,MUMBAI vs. ACIT CIR 4(2), MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

A.C.I.T. 4(2), MUMBAI vs. SURESH K. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR-4(2), MUMBAI vs. M/S. SURESH K. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR 4(2), MUMBAI vs. SURESH K JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR 4(2), MUMBAI vs. SURESH K JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR-4(2), MUMBAI vs. M/S. VIMLA S. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

DCIT 4(2), MUMBAI vs. VIMLA S. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

UNIVERSAL MEDICARE P.LTD,MUMBAI vs. DCIT CEN CIR 3(2), MUMBAI

In the result this ground of appeal is allowed for

Bench: Shri Pawan Singh & Shri S. Rifaur Rahmanuniversal Medicare Pvt. Ltd., Dcit, Central Cricle-3(2), Capsulation Premises, Mumbai (Erstwhile Asst. Sion Trombay Road, Deonar, Vs. Commissioner Of Income Mumbai-400088. Tax, Cc-20, Mumbai), Room No. 1923, 19Th Floor, Pan: Aaacu0717B Air India Building, Nariman Point, Mumbai-400021. Appellant Respondent C.O. No. 268/Mum/2017 (Assessment Year 2012-13) Dcit, Central Cricle-3(2), Universal Medicare Pvt. Ltd., Mumbai (Erstwhile Asst. Capsulation Premises, Commissioner Of Income Vs. Sion Trombay Road, Deonar, Tax, Cc-20, Mumbai), Room Mumbai-400088. No. 1923, 19Th Floor, Air Pan: Aaacu0717B India Building, Nariman Point, Mumbai-400021. Appellant Respondent Appellant By : Shri J.D. Mistry Senior Advocate With Shri Manish Shah Advocate Respondent By : Mrs. S. Padmaja (Cit-Dr)

condoning such delay which is bonafide and there was no intentional and deliberate delay. 15. We have considered the submission of both the parties and noted that in the additional ground of appeal, the assessee has claimed that in computing capital gain

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

delay of 592 days in filing the instant CO by the Revenue Department is condoned, as an exceptional case under the peculiar facts and circumstances of the case.\n\n26.3 Coming to the merits of CO, we observe that the Revenue Department has raised following grounds of CO.\n\n\"1. On the facts and in the circumstances

HITESH CHHATWAL,MUMBAI vs. DCIT CC -5(4), MUMBAI

In the result, the appeals of the assessee are allowed while for the appeal of the revenue are dismissed

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

capital gains claimed by the appellant. In this case there was prior , scrutiny assessment u/s 143(3) dated 31.3.2013. perusal of the assessment order shows that none of these facts were verified or examined nor was any view formed regarding any of issues. The appellant has not shown that the Arbitration Award was brought to the specific attention

NUTECH ENGINEERING TECHNOLOGIES LIMITED,MUMBAI vs. ACIT, CIRCLE-10(3)(1), MUMBAI

The appeal of the appellant is dismissed

Bench: Shri Amit Shukla (Jm) & Shri Omkareshwar Chidara (Am)

capital gains in view of the provisions of section 50 of the Act. The Ld. CIT(A) accordingly confirmed the addition of Ld. AO and dismissed the appeal of the appellant company. 4. As the appellant company did not get the relief before the Ld. CIT(A), further appeal was instituted before the ITAT. The appeal was filed before

DY CIT - CC-2(3), MUMBAI vs. AVINASH NIVRUTTI BHOSALE, PUNE

In the result, appeal of the assessee is allowed and appeal of the revenue is dismissed for A

condone the delay and admit the appeal of the assessee for adjudication. 5. We find that the Revenue had raised only one ground before us challenging the action of the ld. CIT(A) in allowing the assessee’s claim of set off of long term capital gain

DCIT 13(3)(1), MUMBAI vs. M/S WALL STREET FINANCE LTD , MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

condone the delay of 2 days in filing the present appeal and we hear the appeal on merits. 4. The assessee is engaged in the business of Consultancy Services and Forex Dealers. During the year under consideration, the assessee has shown income from business and profession, income from long term capital gain

MOHD RAZA AKBERALI GHUGHARIA,MUMBAI vs. ITO 15(2)(3), MUMBAI

The appeal of the assessee is allowed

Bench: Shri Joginder Singh & Shri Ashwani Tanejaassessment Year: 2005-06 Mohd Raza Akberali Ito 15(2)(3), Ghugharia, Matru Mandir Tardeo, बनाम/ M/S. N.S. Virani & Co., C.A. S Mumbai-400034 Vs. 28, Bhanushali Bldg. 35, Mint Road, Mumbai-400001 (Assessee) (Revenue) P.A. No.Aabpg3107B "नधा"रती क" ओर से / Assessee By Shri Vijay Mehta & Shri Anuj Kisnadwala. (Ar) Shri K. V. Vispure ( Dr) राज"व क" ओर से / Revenue By 27/04/2016 सुनवाई क" तार"ख / Date Of Hearing : आदेश क" तार"ख /Date Of Order: 01/07/2016

Capital Gain claimed by the Appellant u/s 54 of the I.T. Act, may be accepted and the Assessing Officer may be directed to modify his assessment accordingly.” 3 Mohd Raza Adberali 2. In this case it has been noted that the appeal has been filed late before the Tribunal by 48 days. In this regard, Ld. Counsel of the assessee

NAVEEN KISHOR MOHNOT,MUMBAI vs. ITO-25(3)(5), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Blenaveen Kishor Mohnot V. Income Tax Officer –25(3)(5) 3Rd Floor, Monami Apartments C-10, Room No. 609, 6Th Floor Behind Chandan Cinema, Juhu Pratyakshkar Bhavan Mumbai - 400049 Bandra Kurla Complex Bandra (E), Mumbai – 400051 Pan: Abgpj1360D (Appellant) (Respondent) Assessee Represented By : Shri Jayant Bhatt Department Represented By : Shri S.N. Kabra

condone the delay and admit the appeal for adjudication. 6. On merits, we observe that assessee has filed its return of income on 29.07.2011 declaring total income of ₹.6, 67,900/-. Based on the information received from the Investigation Wing that the assessee has dealt in sale and purchase of shares of M/s. VAS INFRASTRUCTURE LIMITED, which is a penny

SMT RUPA HIMANSHU SHRIMANKAR ,MUMBAI vs. ACIT-24(3) , MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Blesmt Rupa Himanshu Shrimankar V. Acit – 24(3) 107, Sagar Avenue, S.V. Road Aayakar Bhavan Andheri (W), Mumbai - 400056 Mumbai - 400020 Pan: Avups8496B (Appellant) (Respondent) Assessee Represented By : Shri Kiran Mehta Department Represented By : Shri S.N. Kabra

condone the delay and admit the appeal for adjudication. 7. On merits, Ld. AR submitted that assessee is a trader and this year assessee has purchased and sold the scrip of Blue Circle Services Limited in this regard he submitted that assessee has claimed loss of valuation in previous assessment year on the same scrip and Ld.CIT(A) allowed