LATE SUNIL D GULATI,MUMBAI vs. COMMISSIONER OF INCOME TAX -CENTRAL CIRCLE-39 , MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2008-09 & Assessment Year: 2009-10 Late Sunil D Gulati, Cit-Central Circle 39, 603, Elco Residency, Almeda Room No. 1924, 19Th Floor, Vs. Park Behind Elco Market, Air India Building, Nariman Bandra (West), Point, Churchgate, Mumbai-400050. Mumbai-400020. Pan No. Aehpg 8703 R Appellant Respondent

section 40A(3) Further, the AO has also invoked provisions of section 40A(3) Further, the AO has also invoked provisions of section 40A(3) of the I.T.Act and has disallowed an amount of Rs. of the I.T.Act and has disallowed an amount of Rs. of the I.T.Act and has disallowed an amount

GRASIM INDUSTRIES LTD ( CORPORATE FINANCE DIVISION),MUMBAI vs. ADDL CIT RG 6(3), MUMBAI

Bench: the CIT(A). The CIT(A) partly allowed the appeal preferred by the Assessee vide order, dated 18/05/2009. 4. Not being satisfied with the relief granted by the Id. CIT(A), the Assessee has preferred appeal before this Tribunal. The Revenue has also filed cross-appeal challenging the relief granted by the Id. CIT(A).

depreciation of INR.5,88,509/-. Ground No. 2 to 2.2 raised the Assessee are allowed. 8. Ground No. 3. “3. Disallowance u/s.40(a)(ia) 3.1. On the facts and circumstances of the case and in law, the CIT (A) erred in upholding the action of AO in disallowing the liability of Rs. 1,74,35,896/- towards year-end expenses

BAJINATH MELARAM,MUMBAI vs. PR CIT 18, MUMBAI

In the result, appeal of the Assessee is hereby allowed

Bench: Shri G.S.Pannu, Am & Shri Amarjit Singh, Jm / I.T.A. No.1795/M/16 (Assessment Year: 2011-12) M/S. Baijnath Melaram Vs. Pr. Commissioner Of Income C/O.Mangaldas D. Shah & Co Tax – 18 506, Lotus House, 5Th Floor, 6Th Floor, Earnest House, 33-A, New Marine Lines Nariman Point, Mumbai - 400020 Mumbai - 400021 Pan/Gir No. : Aaafb2675E (/Appellant) .. Respondent)

Depreciation of the supplier of the asset date where installatio actual use assets claimed rate a installed n which claimed 1 2 3 4 5 6 7 8 Please produce the original bills, transport receipts and delivery notes for verification. 8. Furnish details, PAN & ledger a/c of commission / brokerage expenses with TDS applicability thereof. Also explain the nexus of commission

DY CIT CC 6 (3), MUMBAI vs. M/S KARANJA TERMINAL AND LOGISTICS PVT LTD., MUMBAI

The appeals of the revenue are dismissed

Bench: Shri Shamim Yahya () & Shri Ravish Sood () Ita Nos.6897 & 6898/Mum/2019 (Assessment Years: 2011-12 & 2012-13)

depreciation the income of the assessee was assessed at Rs.9,66,11,510/-. It is the claim of the assessee that not a single rupee from the interest receivable was received by it. As per the return of income filed by the assessee company the self-assessment tax had remained payable and was not paid at the time of filing

DY CIT CC 6 (3), MUMBAI vs. M/S KARANJA TERMINAL AND LOGISTICS PVT LTD., MUMBAI

The appeals of the revenue are dismissed

Bench: Shri Shamim Yahya () & Shri Ravish Sood () Ita Nos.6897 & 6898/Mum/2019 (Assessment Years: 2011-12 & 2012-13)

depreciation the income of the assessee was assessed at Rs.9,66,11,510/-. It is the claim of the assessee that not a single rupee from the interest receivable was received by it. As per the return of income filed by the assessee company the self-assessment tax had remained payable and was not paid at the time of filing

ACIT 6(3), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

depreciation of\nINR.5,88,509/-. Ground No. 2 to 2.2 raised the Assessee are\nallowed.\n8.\nGround No. 3.\n\"3.\n3.1.\nDisallowance u/s.40(a)(ia)\nOn the facts and circumstances of the case and in law, the\nCIT (A) erred in upholding the action of AO in disallowing the\nliability of Rs.1,74,35,896/- towards year-end expenses

DCIT 3.2.1, MUMBAI vs. THE NEW INDIA ASSURANCE CO LIMITED, MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

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

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

DCIT 3.2.1, MUMBAI vs. THE NEW INDIA ASSURANCE CO LIMITED, MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

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

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

THE NEW INDIA ASSURANCE CO LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(2)(2), MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

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

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

THE NEW INDIA ASSURANCE CO. LTD ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(2)(2), MUMBAI

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

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

Section 37(1) of the Act.We have perused the aforesaid decision of the Tribunal in that case it was stated, during the assessment proceeding, the assessing officer noted that as per material available on record, the Director General of Central Excise Intelligence, Chennai Zone (DGCEI) had carried out investigation in respect of certain auto dealers and intermediaries. In course

M/S SANOFI INDIA LTD (FORMERLY KNOWN AS AVENTIS PHARMA LTD,MUMBAI vs. THE ACIT RG 8(1), MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

depreciation of Rs. 12,76,648/- with reference to the same. He ought not to have done so. 7. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in confirming the disallowance of the expenditure of Rs. 13,91,89,365 under section 40A(2)(a)(b) of the Income

ACIT- 3(1)(1), MUMBAI vs. MM/S SANOFI INDIA LIMITED (FORMERLY KNOWN AS AVENTIS PHARMA LTD)., MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

depreciation of Rs. 12,76,648/- with reference to the same. He ought not to have done so. 7. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in confirming the disallowance of the expenditure of Rs. 13,91,89,365 under section 40A(2)(a)(b) of the Income

SHAKUNTALA KAMBLE (LEGAL REPRESENTATIVE OF PREMCHAND KAMBLE),THANE vs. DCIT -CENT. CIR `, THANE

40A(3) 1,20,308 C4 Expenses not being business 2,11,600 expenditure C5 Expenses not revenue in nature 3,63,176 C6 Expenditure disallowed u/s 40(a)(ia) 6,65,903 C7 Rent paid not being business expenditure 1,08,000 C8 Printing and Stationary paid to Heer Arts 2,00,600 – Disallowance

PEOPLE INERACTIVE (I) P. LTD,MUMBAI vs. PR CIT 7, MUMBAI

The appeals of the assessee are allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

3) are also eligible to be carried forward to the assessment year following the end of the holiday period commencing from the assessment year 2001-02. All these, according to the learned counsels for the assessees, suggest that, though heterogeneous elements exist in Section 10A, the provision is really an exemption provision. Alternatively, according to the learned counsels, even

PEOPLE INERACTIVE (I) P.LTD,MUMBAI vs. PR CIT 7, MUMBAI

The appeals of the assessee are allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

3) are also eligible to be carried forward to the assessment year following the end of the holiday period commencing from the assessment year 2001-02. All these, according to the learned counsels for the assessees, suggest that, though heterogeneous elements exist in Section 10A, the provision is really an exemption provision. Alternatively, according to the learned counsels, even

STATE BANK OF MYSORE,BANGALORE vs. JCIT, BANGALORE

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

3) and 41(4) of the Act operate in different spheres. Each of the sub-sections to section 41 of the Act deals with different and distinct circumstances. Each of the sub-sections deals with different and distinct topics and one cannot read recoupment under one sub-section into another. We have considered the decision relied on in this regard

DY..C.I.T., BANGALORE vs. M/S STATE BANK OF MYSORE, BANGALORE

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

3) and 41(4) of the Act operate in different spheres. Each of the sub-sections to section 41 of the Act deals with different and distinct circumstances. Each of the sub-sections deals with different and distinct topics and one cannot read recoupment under one sub-section into another. We have considered the decision relied on in this regard

DCIT 3.2.1, MUMBAI vs. THE NEW INDIA ASSURANCE CO LIMITED, MUMBAI

depreciation allowance or any \nother allowance, as the case may be for the concerned \n assessment year. However, where an assessment under \nsub-section (3) of section 143 has been made for relevant \n assessment year, no action can be taken under section 147 \nafter the expiry of four years from the end of the relevant \n assessment year, unless