DCIT-1(2)1, MUMBAI., MUMBAI vs. PATIL CONSTRUCTION AND INFRASTRUCTURE LTD, MUMBAI

In the result In the result, all the three appeals filed by the revenue s filed by the revenue are dismissed

Bench: Shri Sandeep Gosain, Hon’Ble & Ms. Padmavathy S., Hon’Ble

condone the delay and hence the appeals are the appeals are admitted for hearing admitted for hearing on merits. 4. All the grounds raised by the Department are inter- All the grounds raised by the Department are inter All the grounds raised by the Department are inter related and inter related and inter-connected and relates to challenging

VINAYA PRASANNA KULKARNI ,MUMBAI vs. INCOME TAX OFFICER WARD 3(4), 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 Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2019-2020

section 249(2) on receipt of order u/s 147 r.w.s 144. The petition of the 249(2) on receipt of order u/s 147 r.w.s 144. The petition of the 249(2) on receipt of order u/s 147 r.w.s 144. The petition of the appellant regarding late filing of appeal is carefully considered appellant regarding late filing of appeal is carefully

SHREE SWAMY SAMARTH PRASSANA OSHIWARA (E) UNITS CHS LTD,MUMBAI vs. INCOME TAX OFFICER 25(1)(3), MUMBAI

In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2013-14 Shree Swamy Samarth, Ito-25(1)(3), Prassana Oshiwara (E) Unit C-10, Room No. 404, 4Th 3 Chs Ltd. Vs. Floor, Pratyakshakar Oshiwara (E) Unit 3 Chs Bhavan, Bkc, Ltd., Plot No. 1/41, Deep Mumbai-400051. Tower, New Link Road, Near Millat Nagar, Andheri (West) Mumbai-400053. Pan No. Aacas 7886 B Appellant Respondent Assessee By : Mr. Tarun Ghia Revenue By : Mr. A.N. Bhalekar, Cit-Dr : Date Of Hearing 10/05/2023 : Date Of Pronouncement 22/05/2023 Order

147 of the Income Tax Act, 1961. Tax Act, 1961. 2. On facts and in circumstances of the case and in law, the 2. On facts and in circumstances of the case and in law, the 2. On facts and in circumstances of the case and in law, the assessee was not required to file the return of income. assessee

KONARK STRUCTURAL ENGG PRIVATE LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-12, MUMBAI

In the result, the appeal of assessee is allowed

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am

147 of the Act vide order dated 20.02.2015. 2. At the outset, it is noticed that this appeal is time barred by 92 days and registry has pointed out the defects. When this was pointed out to learned Counsel for the assessee he stated that assessee has already filed condonation petition. He narrated the fact that the PCIT-12 Mumbai

DCIT 9(1)(1), MUMBAI vs. ACON MEASUREMENT P.LTD, MUMBAI

The appeal of the Revenue is dismissed and the

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2009-10 Dcit -9(1))(1), M/S Acon Measurement Pvt. Room No.260A, 02Nd Floor बनाम/ Limited, Aayakar Bhavan A-22, Nanddham Indl. Estate, Vs. M.K. Road Marol Maroshi Road, Mumbai-400020. Andheri (East), Mumbai-400059 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aaaca5078K

delay is condoned. 4. So far as, the merits of the cross objection is concerned, the assessee has challenged upholding the reopening of assessment u/s 147/148 of the Act on the plea that the Ld. Commissioner of Income Tax (Appeal) ignored the fact that there was no reason to belief that income has escaped assessment as there was no tangible

DCIT 5(3)(1), MUMBAI vs. M/S SERCO BPO PVT. LTD., MUMBAI

In the result, the appeal filed by the revenue is dismissed and the CO filed by the assessee is dismissed as infructuous

Bench: Shri Om Prakash Kant & Shir Pavan Kumar Gadaledcit – 5(3)(1) Vs. M/S Serco Bpo Pvt Room No. 573, Ltd.(As Successor Of Aayakar Bhavan, Intelnet Global Service Mumbai – 400 020. Pvtltd),Teleperformance Tower, Plot Cst No. 1406-A/28, Mindspace, Goregaon (W), Mumbai -400104. Pan/Gir No. : Aabcv2572L Appellant .. Respondent Co No. 136/Mum/2022 [Arising Out Of 2354/Mum/2022] (A.Y: 2009-10) Teleperformance Global Vs. Dcit – 5(3)(1) Service Pvt Ltd(Earlier Room No. 573, Serco Bpo Pvt Ltd), Aayakar Bhavan, Teleperformance Tower, Mumbai – 400020. Plot Cst No. 1406-A/28, Mindspace, Goregaon(W) Mumbai- 400104. Pan/Gir No. : Aabcv2572L Appellant .. Respondent

147 is reversed on an appeal by the revenue then addition made ITA No. 2354/Mum/2022 & CO. 136/Mum/2022 M/s Serco BPO Pvt Ltd, Mumbai. order u/s 154 shall stands restored. 7 16.09.2022 Appeal filed in Appeal filed after ITAT against the delay of 4 years order of CIT(A) 6 months and six dated 29.12.2017 days 5. In view

STATE BANK OF INDIA HRMS DEPARTMENT ,MUMBAI vs. ASSTT. COMMISSIONER OF INCOME TAX (TDS)RANGE-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA,MUM vs. ACIT-TDS-2(2), MUM

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA,MUM vs. ACIT-TDS-2(2), MUM

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA,MUM vs. ACIT-TDS-2(2),, MUM

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA-ISB BRANCH,MUMBAI vs. DCIT-TDS-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA HRMS DEPARTMENT,MUMBAI vs. ASSTT. COMMISSIONER OF INCOME TAX (TDS)RANGE-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA-RBO II THANE WESTERN BRANCH,MUMBAI vs. ACIT-TDS-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA- NRI BRANCH,MUMBAI vs. ACIT-TDS-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA,MUMBAI vs. ACIT-TDS-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

STATE BANK OF INDIA,MUM vs. ACIT-TDS-2(2), MUM

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

147 of the Income-tax Act, 1961 (i.e., by 31 March 2019) tax Act, 1961 (i.e., by 31 March 2019) has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings has also lapsed and hence, the subject proceedings under section 201 are invalid and barred by limitation. under section 201 are invalid and barred

MOHANJI BHARAT WELFARE FOUNDATION,MUMBAI vs. CIT (EXEMPTION), MUMBAI

In the result, the appeal filed by the assessee is allowed for\nstatistical purposes in above terms

147 days delay and the\nLd. CIT(E) rejected the application and cancelled the provisional\napproval the Ld. Coordinate Bench condoned the delay while relying on\nthe judgment of Hon'ble Supreme Court in the case of K.P. Varghese\nvs. ITO (1981) 131 ITR 597 (SC) as referred in the decision of\nITAT Jodhpur Bench in ITA No. 278/Jodh/2023 order

ASTEC LIFE SCIENCES LTD,MUMBAI vs. DCIT 2(1), MUMBAI

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

Bench: Shri G. Manjunatha & Shri Ram Lal Negim/S. Astec Lifesciences Ltd. D C I T - 2(1) 3Rd Floor, Godrej One Room No. 561, 5Th Floor Vs. Pirojshnagar,Vikroli (E) Aayakar Bhavan, M.K. Road Mumbai 400020 Mumbai 400020 Pan – Aaaca4832D Appellant Respondent

condone this delay both i.e. the meritorious proposition justifying admission of this belated appeal and the reasonable cause which has prevented in filing the appeal belatedly which were not disputed nor found frivolous, thus the delay was not held as deliberate or as a result of negligence and hence ought to have decided on merit as the issue was similar