NOBEL BIOCARE INDIA PRIVATE LIMITED ,MUMBAI vs. ACIT, 15(2)(1), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

disallowed the appeal of the assessee rejecting the application for condonation of the delay. The assessee rejecting the application for condonation

NOBEL BIOCARE INDIA PRIVATE LIMITED ,MUMBAI vs. ACIT, CIRCLE 15(2)(1), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

disallowed the appeal of the assessee rejecting the application for condonation of the delay. The assessee rejecting the application for condonation

FIRST GLOBAL STOCKBROKING PVT LTD,VASHI, NAVI MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 4(1) (1), AAYEKAR BHAVAN MUMBAI

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

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh () Assessment Year: 2012-13 First Global Stockbroking Pvt. Ltd., Dy. Cit 4(1)(1), Ratnam Square, Aayakar Bhavan, M.K. Road, Plot No. 38/39, Sector 19A, Vs. Mumbai-400001. Maharashtra-400703. Pan No. Aaacf 0661 K Appellant Respondent

disallowing an amount of Rs.8,31,107/- u/s 40(a)(ia) of the I.T. Act, 1961. First Global Stockbroking Pvt. Ltd First Global 2 2. At the outset, the Ld. counsel for the assessee submitted that At the outset, the Ld. counsel for the assessee submitted that At the outset, the Ld. counsel for the assessee submitted that

SHREE SWAMI SAMARTH TRADING CO. LT,MUMBAI vs. CIT (A)-13, MUMBAI

In the result, both the appeals of assessee are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

condoned), however here interestingly appellant have made the application by counting the period of delay by taking date of receipt of assessment order u/s 144 of the Act dated 26/12/2011 as on 16/10/2012, to calculate delay till 14/11/2013 i.e. the date when appeal has been filed and for this period of apparently delay of 364 days the appellant have given

SHREE SWAMI SAMARTH TRADING CO. P. LTD,MUMBAI vs. CIT (A)-13, MUMBAI

In the result, both the appeals of assessee are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

condoned), however here interestingly appellant have made the application by counting the period of delay by taking date of receipt of assessment order u/s 144 of the Act dated 26/12/2011 as on 16/10/2012, to calculate delay till 14/11/2013 i.e. the date when appeal has been filed and for this period of apparently delay of 364 days the appellant have given

DILIP PREMNARAYAN KABRA,MUMBAI vs. DCIT CIRCLE 17(1), MUMBAI

In the result, appeal filed by the assessee is allowed for statistical purpose

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledilip Premnarayan Kabra V. Dcit – Circle 17(1) 117, Kautilya Bhavan 4Th Floor, Arihant Mansion G Block, Bkc Avenue 3 K.N. Road, Masjid Bunder Bandra (E), Mumbai - 400051 Mumbai - 400009 Pan: Ahcpk9734A (Appellant) (Respondent) Assessee Represented By : Mr. Aditya Maheswari Department Represented By : Smt Mahita Nair

condonation of delay in filing appeal was not considered by Honourable CIT(A). 2. On the facts & circumstance of the case the learned assessing officer erred in allowing the business expenses of Rs. 40,26,292/- only out of total expenses incurred for business purpose Rs.1,07,98,605/-. 3. That on the facts & circumstances of the case, the learned

CCI CHAMBERS CO-OP HSG SOC. LTD,MUMBAI vs. INCOME TAX OFFICER-17(2)(1), MUMBAI

In the result, both the appeal

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

delay is condoned. The ground No. 1 raised in the appeal is accordingly allowed for statistical No. 1 raised in the appeal is accordingly allowed for statistical No. 1 raised in the appeal is accordingly allowed for statistical purposes. 4. As regards Ground No. 2, which concerns the merits of the As regards Ground No. 2, which concerns the merits

CCI CHAMBERS CO-OP HSG SOC. LTD,MUMBAI vs. ITO 17(2)(1), MUMBAI

In the result, both the appeal

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

delay is condoned. The ground No. 1 raised in the appeal is accordingly allowed for statistical No. 1 raised in the appeal is accordingly allowed for statistical No. 1 raised in the appeal is accordingly allowed for statistical purposes. 4. As regards Ground No. 2, which concerns the merits of the As regards Ground No. 2, which concerns the merits

SILVER SAND COOP HOUSING SOC LTD.,,MUMBAI vs. ACIT, CPC, BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blebuilding No. 12, Silver Sands Chs Ltd., Bangalore Post Bag No. 2 S.V. Road, Piramal Nagar Electronic City, Post Office Goregaon (W), Mumbai - 400062 Bangalore - 560100 Pan: Aadas5600G (Appellant) (Respondent)

condone the delay in filing the appeal. 2) On facts and circumstances of the case and in law, the Ld. National Faceless Appeal Centre (NFAC) has erred in confirming the disallowance

MERCHANT NAGARI SAHAKARI PATSANSTHA MARYADIT ,MUMBAI vs. ASSISTANT DIRECTOR OF INCOME TAX CPC, MUMBAI

Bench: Shri Prashant Maharishishri Sandeep Singh Karhailmerchant Nagari Sahakari Patsanstha Maryadit 102, Renuka Residency 1St Floor, Main Road Near Shriram Mandir, Jawhar, Jawhar S.O., District- Palghar, ……………. Appellant Mumbai, Maharashtra - 401603 Pan-Aabam0430C V/S

disallowed the condonation of delay, failing to recognize that the term "sufficient cause" for condonation of delay should be interpreted

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

MR GANESH ANANDRAO INGULKAR ,MUMABI vs. ASSTT.DIRECTOR OF INCOME TAX, CPC, MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Bleganesh Anandrao Ingulkar V. Assistant Director Of Income-Tax Centralized Processing Center B/502, Shivram Park Income Tax Department Opp. Ashok Kedare Chowk Bengaluru, Karnataka-560500 Tembipada Road, Bhandup (W) Mumbai - 400078 Pan: Aappi6881C (Appellant) (Respondent) Assessee Represented By : Shri Ketan Ved Department Represented By : Shri S.N. Kabra

condone the delay and admit the appeal for adjudication. 6. On merits, brief facts of the case are assessee filed its return of income on 05.08.2019 declaring total income of ₹.21,56,790/-. Further, assessee filed revised return of income on 16.06.2020 by declaring the same income as declared in the original return of income. However, assessee claimed relief

OM SAWMI SMARAN DEVELOPERS P. LTD,MUMBAI vs. ITO 8(2)(4), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Ble

condone the delay and admit the appeals for adjudication. 6. Since the issues raised in both these appeals are identical, therefore, for the sake of convenience, these appeals are clubbed, heard and disposed off by this consolidated order. We are taking Appeal in ITA.No. 6915/MUM/2017 for Assessment Year 2012-13 as a lead appeal. 7. Brief facts of the case

OM SAWMI SMARAN DEVELOPERS P. LTD,MUMBAI vs. ITO 8(2)(4), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Ble

condone the delay and admit the appeals for adjudication. 6. Since the issues raised in both these appeals are identical, therefore, for the sake of convenience, these appeals are clubbed, heard and disposed off by this consolidated order. We are taking Appeal in ITA.No. 6915/MUM/2017 for Assessment Year 2012-13 as a lead appeal. 7. Brief facts of the case

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

condonation of delay. In the affidavit assessee has submitted as under: - “1. I am assessed to income-tax under PAN: AVUPS8496B. 2. For Assessment Year: 2014-15 I had filed my Return of income on 25/11/2014 declaring NIL income. 3. For the year in reference, my case was selected for scrutiny assessment and in the scrutiny assessment I was assessed

SHA HURGOWAN ANANDJI DESAI CHARITIES ,MUMBAI vs. DEPUTY DIRECTOR OF INCOME TAX, CPC , BENGULURU

In the result, the appeal of the assessee

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2022-23 Sha Hurgowan Anandji Desai Dy. Director Of Income-Tax, Cpc Charities, Bengaluru, 18, Bhaskar Lane, Bhuleshwar, Vs. Income Tax Officer Exemption Mumbai-400002. Ward 2(3), 6Th Floor, Mtnl Te Building Pedder Road, Mumbai-400026. Pan No. Aaats 0405 R Appellant Respondent

disallowance for the reason that neither the Assessing Officer not the Ld. CIT(A) was having any authority to condone having any authority to condone the delay

RELIANCE INDUSTRIES LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX LARGE TAXPAYER UNIT, MUMBAI

Bench: Shri B.R.Baskaran & Shri Sandeep Gosainreliance Industries Ltd. Maker Chambers, Iv, 3Rd Floor, 222,Nariman Point, ……………. Appellant Mumbai-400021 Pan-Aaacr5055K V/S

condoned the delay in filing appeal. 3. The Pr. CIT(A) erred in law and on facts in sustaining the action of the Assessing Officer of levying interest u/s 234B of the Act in respect of disallowance

SHRI BHARAT NAVINCHANDRA GALA ,MUMBAI vs. ITO WARD 41(3)(1), MUMBAI

In the result, appeal filed by assessee stands partly allowed for statistical purposes

Bench: Smt. Beena Pillai ()

delay in filing of the appeal is condoned and the appeal is admitted. 3. Brief facts of the case are as under: The assessee is engaged in the business of builders and developers and is running his business under the name and style of his proprietary concern, M/s Arihant Builders & Developers. During the year under consideration, the assessee filed

CAREGIVER SAATHI FOUNDATION,GOREGAON MUMBAI vs. DY.DIRECTOR OF INCOME TAX CPC BENGLURU, DY.DIRECTOR OF INCOME TAX CPC BENGLURU

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

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2022-23 Caregiver Saathi Foundation, Dy. Cit, Cpc 1703, Sienna Tower Wing-B, Lodha Bengluru-560100. Vs. Florenza, Western Express Highway N Ext, To Hub Mall, Goregaon, Mumbai-400063. Pan No. Aaicc 5644 B Appellant Respondent

disallowance made by the CPC for the amount Rs.19,19,371 is restricted Rs.12,94, amount Rs.19,19,371 is restricted Rs.12,94,204/ 204/- and the excess amount of Rs.6,25,167/ the excess amount of Rs.6,25,167/- is hereby deleted.” is hereby deleted.” However, we find that the Tribunal in the case of Shri Pushkar 2.1 However