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

33,676 /against the correct amount of Rs. 18,01,79,681/. The AO having found that computation was erroneously taken, he rectified the same. This order also mentions that the notice under section 154/155 of the act was issued suo moto to the assessee on 11/17/2012 to which also assessee has not replied. Thus it is coming out that

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

33,676 /against the correct amount of Rs. 18,01,79,681/. The AO having found that computation was erroneously taken, he rectified the same. This order also mentions that the notice under section 154/155 of the act was issued suo moto to the assessee on 11/17/2012 to which also assessee has not replied. Thus it is coming out that

SAPHALE PARISAR BIGARSHETI , SAHKARI PATSANSTHA MARYADIT, SAPHALE,MUMBAI vs. PCIT-1, THANE

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

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2017-18 Saphaleparisarbigarshetisahkaripatsansthamaryadit, Pr. Cit-1, Saphale, Ashar It Vs. Ambika Nagar, Ambika Rice Mill Compound, Park, 6Th Tandulwadi Road, Umbarpada, Saphale East, Dist Floor, Palghar-401 102. Income Tax Office, Wagle Estate, Thane- 400604. Pan No. Aafas 4609 H Appellant Respondent Assessee By : Mr. Unmesh Narvekar, Ar Revenue By : Dr. Kishor Dhule, Cit-Dr : Date Of Hearing 20/03/2023 Date Of Pronouncement : 31/03/2023 Order

delay is accordingly condoned and appeal is admitted for adjudication. admitted for adjudication. 3. Briefly stated, facts of t Briefly stated, facts of the case are that for the year under he case are that for the year under consideration no regular return of income was filed by the assessee. consideration no regular return of income was filed

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

33\ndays in filing the application may be condoned.\n4. Without prejudice to the above, that on the facts and circumstances of\nthe case and in law, the CIT(E) has erred in passing an order dated\nFebruary 20, 2025, cancelling the provisional registration under Section\n80G of the Act although there was no violation of section

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

5. Respectfully following the above said decision and for the sake of overall justice we 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

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

5. Respectfully following the above said decision and for the sake of overall justice we 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

CAPCO FINANCE AND INVESTMENT PRIVATE LIMITED,MUMBAI vs. ITO WARD 15 1 1 MUMBAI, MUMBAI

In the result appeal filed by the assessee stands allowed on\nthe legal issue raised in ground number 2(d)

condone the delay in filing the\nappeal before the Ld. CIT(A).\n4. On merits, the Ld.AR submitted that assessee is a company\ndealing in listed and unlisted securities. For your under\nconsideration assessee did not file any return of income and\ntherefore the Ld.AO issued notice under section 148 of the act on\n22/03/2019. The Ld.AR submitted that during

DIWALI CAPITAL & FINANCE PVT. LTD.,MUMBAI vs. DCIT- CC-2(2), MUMBAI

In the result, the appeals of assessee are partly allowed

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 3107/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Aayakr Apila Sam./ Ita No. 3108/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2014-15)

5,36,90,032/- was incurred and non delivery based transactions wherein share trading loss of Rs. 2,46,33,241/-, but whereas the transactions related to F&O are also of the same nature wherein profits were earned and there is only effective surplus out of the same if profit from F & O are considered and hence there

DIWALI CAPITAL & FINANCE PVT. LTD.,MUMBAI vs. DCIT -CC- 2(2), MUMBAI

In the result, the appeals of assessee are partly allowed

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 3107/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Aayakr Apila Sam./ Ita No. 3108/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2014-15)

5,36,90,032/- was incurred and non delivery based transactions wherein share trading loss of Rs. 2,46,33,241/-, but whereas the transactions related to F&O are also of the same nature wherein profits were earned and there is only effective surplus out of the same if profit from F & O are considered and hence there

INFRASRUCTURE SERVICES ,MUMBAI vs. ASSESSING OFFICER 33(1)(5), MUMBAI

In the result, appeal filed by the assessee stands allowed for\nstatistical purposes

33(1)(5) Mumbai (\"AO\") of making addition of Rs.\n8,01,000/- for not submitting purchase bills of fixed asset added in the\nfinancial year 2015-16 relevant to assessment year 2016-17 without\ngiving sufficient time as your appellant has submitted invoices for Rs.\n68 lacs out of total addition of Rs.76 Lacs whereas the complete\nstatement

ACIT-2(1)(1), MUMBAI vs. GEECEE VENTURES LIMITED, MUMBAI

The appeal is allowed for statistical purposes

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

delay in filing appeal/cross objection is condoned. Ground No.1 and 2 of Department’s Appeal 11. Ground No.1 and 2 raised by the Revenue pertain to the directions issued by the CIT(A) to the Assessing Officer in relation to claim of deduction under Section 80IA of the Act. 12. On perusal of record, we find that the Assessee

GEECEE VENTURES LIMITED ,MUMBAI vs. DCIT, CIRCLE 2(1)(1), MUMBAI

The appeal is allowed for statistical purposes

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

delay in filing appeal/cross objection is condoned. Ground No.1 and 2 of Department’s Appeal 11. Ground No.1 and 2 raised by the Revenue pertain to the directions issued by the CIT(A) to the Assessing Officer in relation to claim of deduction under Section 80IA of the Act. 12. On perusal of record, we find that the Assessee

NILESH JANARDAN THAKUR,MUMBAI vs. ITO 25(1)(4), MUMBAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri D.T. Garasia () & Shri G Manjunatha ()

condone the delay in filing the appeal and admit the appeal for adjudication, on merits. ITA 3738/Mum/2013 10. The assessee has raised common grounds of appeal for both the assessment years. For the sake of brevity, grounds of appeal for AY 2008-09 in ITA No.3738/Mum/2013 are reproduced below:- “1. On facts and circumstances of the case

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:-

33 CBDT circular no. 7 of 2018 dated 20.12.2018(F.No. 197/55/2018- ITA-I) wherein CBDT has relaxed the provisions relating to filing of form no. 10 electronically for AY 2016-17. The said CBDT circular is reproduced hereunder:- “Sub: Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form

LODHA DEVELOPERS LTD(FORMERLY KNOWN AS LODHA DEVELOPERS PRIVATE LIMITED),MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Palava Dwellers Pvt. Ltd., Central Circle – 7(3) 412, 71-G, Vardhman Chamber Room No. 655, 6Th Floor C.P. Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent) Lodha Developers Limited Dy. Commissioner Of Income-Tax V. {Since Merged M/S. Palava Dwellers Pvt. Ltd.,} Central Circle – 7(3) 412, 4Th Floor, 17G, Vardhman Chamber Room No. 655, 6Th Floor Cawasji Patel Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai - 400 001 Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent)

section 119, condone the delay in order to avoid undue hardship. 8. In the present case it cannot be said that the delay was, in any manner, mala fide. On the contrary, the assessee was vigilant enough to file the return at the midnight. We, therefore, condone the delay in filing the return

DCIT CENT. CIR. -7(3), MUMBAI vs. PALAVA DWELLERS PVT. LTD. , MUMBAI

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Palava Dwellers Pvt. Ltd., Central Circle – 7(3) 412, 71-G, Vardhman Chamber Room No. 655, 6Th Floor C.P. Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent) Lodha Developers Limited Dy. Commissioner Of Income-Tax V. {Since Merged M/S. Palava Dwellers Pvt. Ltd.,} Central Circle – 7(3) 412, 4Th Floor, 17G, Vardhman Chamber Room No. 655, 6Th Floor Cawasji Patel Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai - 400 001 Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent)

section 119, condone the delay in order to avoid undue hardship. 8. In the present case it cannot be said that the delay was, in any manner, mala fide. On the contrary, the assessee was vigilant enough to file the return at the midnight. We, therefore, condone the delay in filing the return

UMASHANKAR BHAGWATI PATWA,MUMBAI vs. INCOME TAX DEPARTMENT NATIONAL E-ASSESSMENT CENTRE (DCIT, CIRCLE 20(1), MUMBAI

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

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhailassessment Year: 2018-19

33,98,000/- made by Ld. A.O. as income from other sources on account of difference between valuation adopted by stamp valuation authority and actual consideration received by appellant amounting 4. The appellant craves leave to add to, amend, alter or delete all or any of the foregoing grounds of appeal.” 2. With reference to ground

MSEB HOLDING COMPANY LTD.,MUMBAI vs. ACIT (HQ) (JUDL) TO THE CIT 14, MUMBAI

In the result, the appeal of the assessee

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2012-13

condoning delay in filing the appeal. doning delay in filing the appeal. MSEB Holding Co. Ltd. ITA Nos. 1181/M/2018 & 6.4 The appeal filed by the assessee is not admitted and rejected The appeal filed by the assessee is not admitted and rejected The appeal filed by the assessee is not admitted and rejected in limine without giving any finding

MSEB HOLDING COMPANY LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX 1, MUMBAI

In the result, the appeal of the assessee

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2012-13

condoning delay in filing the appeal. doning delay in filing the appeal. MSEB Holding Co. Ltd. ITA Nos. 1181/M/2018 & 6.4 The appeal filed by the assessee is not admitted and rejected The appeal filed by the assessee is not admitted and rejected The appeal filed by the assessee is not admitted and rejected in limine without giving any finding