SHREE PUSHKAR FOUNDATION,MUMBAI vs. INCOME TAX OFFICER (EXEMPTION)-WARD 2(30, 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 Sandeep Singh Karhail () Assessment Year: 2021-22 Shree Pushkar Foundation, Ito (Exemption) – Ward 2(3), 301/302, 3Rd Floor, Cumbala Hill Tele Exchange Atlanta Centre, Vs. (Mtnl), Peddar Rd, Tardeo, Near Udyog Bhavan, Mumbai-400026. Sonawala Road, Goregaon East, Mumbai-400063. Pan No. Aawts 2303 N Appellant Respondent

delay was due to technical glitches on the income tax Portal, for which the assessee had filed grievances on 31/03/2022, Portal, for which the assessee had filed grievances on Portal, for which the assessee had filed grievances on for which no proper solution was provided. for which no proper solution was provided. Before us, the assessee Before us, the assessee

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

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

32,000/- under the normal provisions of the Income under the normal provisions of the Income under the normal provisions of the Income-tax Act, 1961 (“the Act”) and book profit of 1961 (“the Act”) and book profit of ₹1,31,81,815/- - under section 115JB of the Act. The return was selected for scrutiny and 115JB

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

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

32,000/- under the normal provisions of the Income under the normal provisions of the Income under the normal provisions of the Income-tax Act, 1961 (“the Act”) and book profit of 1961 (“the Act”) and book profit of ₹1,31,81,815/- - under section 115JB of the Act. The return was selected for scrutiny and 115JB

SHREE DADAR JAIN PAUSHADHSHALA TRUST,MUMBAI vs. ITO (E_ - 1(2), MUMBAI

In the result, the appeal of the assessee in ITA no

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.2061/Mum/2019 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Shree Dadar Jain Ito(E)-1(2) Paushadhshala Trust, Room No. 501, 5 Th Floor, Aaradhana Bhavan, Piramal Chambers, V. 289, S K Bole Road, Lalbaug, Parel, Dadar West, Mumbai-400012 Mumbai-400028 स्थायी ऱेखा सं./ Pan: Aaats7848E (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. Bhadresh Doshi Revenue By: Shri. Abhi Rama Karthikeyn S. सुनवाई की तारीख /Date Of Hearing : 03.06.2019 घोषणा की तारीख /Date Of Pronouncement : 19.08.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 2061/Mum/2019, Is Directed Against Appellate Order Dated 08/02/2019, Passed By Learned Commissioner Of Income Tax (Appeals)-3, Mumbai (Hereinafter Called ―The Cit(A)‖) In Appeal Number Cit(A)-3/It-10394/2017-18, For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 28.12.2006 Passed By Learned Assessing Officer (Hereinafter Called ―The Ao‖) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called ―The Act‖) For Ay:2014-15. 2. The Grounds Of Appeal Raised By Assessee In Memo Of Appeal Filed With The Income-Tax Appellate Tribunal, Mumbai (Hereinafter Called ―The Tribunal‖) Read As Under:-

condoning the delay and in exercise of the powers conferred under section 119(2)(b) of the Act, the Central Board of Direct Taxes hereby authorizes the Commissioners of Income-tax, to admit belated applications in Form No. 9A and Form No.10 in respect of AY 2016-17 where such Form No. 9A and Form No.10 are filed after

GOLD COIN APARTMENTS CO OPERATIVE HOUSING SOCIETY LTD ,MUMBAI vs. ITO WARD 22(1)(1), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI OMKARESHWAR CHIDARA (Accountant Member)

delay of 101 days in filing the present appeal is condoned. Accordingly, we proceed to examine the grounds raised in the present appeal. 6. We have considered the rival submissions. 7. In the present case it is not disputed by the Revenue that the Assessee is a co-operative society and it has received interest income from co-operative banks

ACIT, CIRCLE-3, THANE, ASHAR, IT PARK, THANE vs. MAGIC KRAFT PRIVATE LIMITED, VASAI EAST

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

delay or technical lapse in filing the prescribed form. Circular No. 07/2023 dated 31.05.2023 – lays down monetary limits and authority-wise powers for condonation under section 119(2)(b). Importantly, it reiterates that claims relating to Form 10-IC can be condoned by the appropriate authority. 16. Reliance in this regard is also being placed upon the following decisions

ACIT, CIRCLE-3, THANE, ASHAR IT PARK THANE vs. MAGIC KRAFT PRIVATE LIMITED, VASAI EAST

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

delay or technical lapse in filing the prescribed form. Circular No. 07/2023 dated 31.05.2023 – lays down monetary limits and authority-wise powers for condonation under section 119(2)(b). Importantly, it reiterates that claims relating to Form 10-IC can be condoned by the appropriate authority. 16. Reliance in this regard is also being placed upon the following decisions

BHAGIRATHI ENTERPRISE,VILE PARLE WEST MUMBAI vs. INCOME TAX OFFICER WARD 34(1)(1), BANDRA EAST MUMBAI

In the result, the appeal filed by the assessee for the AY

Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopal

delay is hereby condoned and all the appeals are admitted for adjudication. 3. With the consent of both the parties, the appeal in ITA No. 3128/Mum/2025 (AY. 2021-22) was taken as the lead case for the sake of convenience and discussion wherein the assessee has taken the following ground of appeal: “On facts and circumstances of the case

BHAGIRATHI ENTERPRISE,VILE PARLE WEST MUMBAI vs. INCOME TAX OFFICER, WARD 34(1)(1), MUMBAI BANDRA EAST

In the result, the appeal filed by the assessee for the AY

Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopal

delay is hereby condoned and all the appeals are admitted for adjudication. 3. With the consent of both the parties, the appeal in ITA No. 3128/Mum/2025 (AY. 2021-22) was taken as the lead case for the sake of convenience and discussion wherein the assessee has taken the following ground of appeal: “On facts and circumstances of the case

HEWLETT PACKARD FINANCIAL SERVICES (INDIA) P. LTD,BANGALORE vs. ASST CIT CIR 2(1)(2), BANGALURU

Accordingly, the ground is dismissed as not pressed

Bench: Smt Beena Pillai, Jm &\Nms Padmavathy S, Am\Ni.T.A. No. 915/Mum/2017\N(Assessment Year: 2011-12)\Nhewlett Packard Financial\Nservices (India) Pvt. Ltd.,\N24, Salarpuria Arena, Hosur Main\Nroad, Adugodi, Bangalore-560030.\Npan: Aabcc5967C\Nappellant)\Nassessee By\Nrevenue By\Ndate Of Hearing\Ndate Of Pronouncement\Nacit, Circle-2(1)(2),\Naayakar Bhavan,\Nvs. M.K. Road, Mumbai-400020.\N:\N:\N:\N:\Nrespondent)\Nshri Percy Pardiwala &\Nmr. Ninad Patade, Ar\Nshri Pravin Salunkhe, Sr. Dr\N22.09.2025\N21.10.2025\Norder\Nper Padmavathy S, Am:\Nthis Appeal By The Assessee Is Against The Order Of The Commissioner Of\Nincome Tax (Appeals)-4, Mumbai [In Short 'Cit(A)'] Passed Under Section 250 Of\Nthe Income Tax Act, 1961 (The Act) Dated 25.10.2016 For Assessment Years (Ay)\N2011-12. The Assessee Raised Grounds Pertaining To The Following Issues:\N(I) Disallowance Of Claim Of Depreciation On \"Hp Indigo Digital Press\Nprinter\" @ 60% - Ground No. 1.1 To 1.7\N(Ii) Treatment Of Ceased Liability As Income U/S 41 - Ground No. 2.1 To\N2.9\N(Iii) Disallowance Of Set Off Of Unabsorbed Depreciation - Ground\Nno. 3.1 To 3.9\N(Iv) Disallowance Of Provision For Tds Certificates & Addition To\Nbook Profits U/S.115Jb - Ground No.

condonation\npowers lie only with CBDT. U/s 119(2)(b) the CBDT may, if it considers it\ndesirable or expedient so to do for avoiding genuine hardship to an assessee,\nauthorise any income tax authority to admit any such application or claim\nafter expiry of the period specified under the Act. Section 119(2)(b) is\nreproduced as under

SHREE SAI BABA SANSTHAN TRUST (SHIRDI),MUMBAI vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION) 2(1), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

32. Before us the Revenue has primarily laid emphasis on the certificate held by the assessee u/s 80G of the Act to justify their stand that the assessee was only a charitable trust with no religious purpose. According to us, this line of argument taken by the Revenue is completely irrelevant as the question before us is taxability u/s 115BBC

DY. COMMISSIONER O INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST(SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

32. Before us the Revenue has primarily laid emphasis on the certificate held by the assessee u/s 80G of the Act to justify their stand that the assessee was only a charitable trust with no religious purpose. According to us, this line of argument taken by the Revenue is completely irrelevant as the question before us is taxability u/s 115BBC

DY. COMMISSIONER OF INCOME TAX (EXEMPTION) 2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST (SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

32. Before us the Revenue has primarily laid emphasis on the certificate held by the assessee u/s 80G of the Act to justify their stand that the assessee was only a charitable trust with no religious purpose. According to us, this line of argument taken by the Revenue is completely irrelevant as the question before us is taxability u/s 115BBC

DY. COMMISSIONER O INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST(SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

32. Before us the Revenue has primarily laid emphasis on the certificate held by the assessee u/s 80G of the Act to justify their stand that the assessee was only a charitable trust with no religious purpose. According to us, this line of argument taken by the Revenue is completely irrelevant as the question before us is taxability u/s 115BBC

BHAGIRATHI ENTERPRISE,VILE PARLE WEST MUMBAI vs. ITO WARD 34(1)(1), BANDRA EAST MUMBAI

In the result, the appeals filed by the assessee for the AYs

delay is hereby condoned and all the\nappeals are admitted for adjudication.\n3. With the consent of both the parties, the appeal in ITA No.\n3128/Mum/2025 (AY. 2021-22) was taken as the lead case for the sake of\nconvenience and discussion wherein the assessee has taken the following\nground of appeal:\n“On facts and circumstances of the case

M/S. TATA SONS LTD,MUMBAI vs. THE ACIT CIR2(3), MUMBAI

In the result, the appeals filed by the assessee are allowed and that of the Revenue is dismissed

Bench: Shri P K Bansal & Shri Ram Lal Negi

Condonation of delay is required in case the appeal is not filed within the permissible time. It is a case where the assessee has raised additional ground. It can be raised by the assessee at any time and even for the first time before the appellate authority. This is a settled law. Even the Hon’ble Supreme Court

THE ACIT 2(3), MUMBAI vs. M/S. TATA SONS LTD, MUMBAI

In the result, the appeals filed by the assessee are allowed and that of the Revenue is dismissed

Bench: Shri P K Bansal & Shri Ram Lal Negi

Condonation of delay is required in case the appeal is not filed within the permissible time. It is a case where the assessee has raised additional ground. It can be raised by the assessee at any time and even for the first time before the appellate authority. This is a settled law. Even the Hon’ble Supreme Court

M/S. TATA SONS LTD.,MUMBAI vs. CIT CIR. 2(3), MUMBAI

In the result, the appeals filed by the assessee are allowed and that of the Revenue is dismissed

Bench: Shri P K Bansal & Shri Ram Lal Negi

Condonation of delay is required in case the appeal is not filed within the permissible time. It is a case where the assessee has raised additional ground. It can be raised by the assessee at any time and even for the first time before the appellate authority. This is a settled law. Even the Hon’ble Supreme Court

ASST CIT CIR 6(1)(2), MUMBAI vs. ASK INVESTMENT MANAGERS P.LTD, MUMBAI

The appeal of the Revenue is allowed for statistical

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year 2012-13 Acit M/S Ask Investment Circle-6(1)(2), Managers Pvt. Ltd. बनाम/ R. No.536, 5Th Floor, 1St Floor Bandbox House, Vs. Aayakar Bhavan, Dr. Ab Road, Worli, M. K. Road, Churchgate, Mumbai-400030 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aafca2302P Shri Nitin Waghmode-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri J.D. Mistri Sr. Advocate

32,27,17,773/- 100% 3.14. Ld. CIT(A) observed that as per clause (f) of Explanation 1 to Sec. 115JB(2), only the expenditure relating to income other than income assessable u/s 10(38) was to be added while calculating book profits u/s 115JB profits. He, accordingly, directed the AO to add only Rs. 22,93,407/- (being