ACIT -893) (1) , MUMBAI vs. M/S. TRIPLE SECURITIES PVT. LTD, MUMBAI

54D(1) of the Act, the 'capital asset' has been understood to be 'land or building or any right in land or building', thereby supporting the distinction sought to be canvassed before us. On the contrary, the phraseology in section 50C(1) of the Act only covers 'land or building or both' and does not refer to "any right

ITO 22(3)(2), MUMBAI vs. LILADHAR R. TANDEL, NAVI MUMBAI

In the result, appeal of the Revenue is dismissed whereas Cross

Bench: Shri R.C. Sharma & Shri Amarjit Singh, Judicil Member

depreciation was allowed. 3.14 In view of the aforenoted judgments rendered by the Hon'ble Apex Court and that of the Hon 'ble jurisdictional High Court, it is clear that a deeming provision can be applied only in respect of the situation specifically given and hence cannot go beyond the explicit mandate of the section. Turning

ACIT, MUMBAI vs. ASHOK NARENDRA MEHTA, MUMBAI

In the result, the appeal is allowed for statistical purposes

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjeeassessment Year 2018-19 Acit, Circle – 19(1) Ashok Narendra Mehta, 5Th Floor, Piramal Chambers, 132, 13Th Floor, Lalbaug, Vs. Siddhesh Darshan, Mumbai. 10Th Khetwadi Main Road, Khetwadi, Mumbai Pan : Aivpm9318A (Appellant) (Respondent) For Assessee : Shri Vimal Punmiya, C.A. For Revenue : Shri Manoj Kumar Sinha, Sr.Dr Date Of Hearing : 13-08-2024 Date Of Pronouncement : 28-08-2024 Order Per B.R. Baskaran, A.M :

depreciation was allowed. 11.4 In view of the aforenoted judgments rendered by the Hon'ble Apex Court and that of the Hon'ble jurisdictional High Court, it is clear that a deeming provision can be applied only in respect of the 6 situation specifically given and hence cannot go beyond the explicit mandate of the section. Turning

DCIT - 15(1)(1), MUMBAI vs. AUTOMOBILE PRODUCTS OF INDIA LTD., CHENNAI

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2004-05 Dcit-15(1)(1), M/S Automobile Products Of Room No.470, 4Th Floor, India Ltd. बनाम/ Aayakar Bhavan, 63-A, North Phase, Sidco Vs. M.K. Road, Industrial Estate, Ambattur, Mumbai-400020 Chennai-600098 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No.Aabca0725C

depreciation was allowed. 11.4 In view of the aforenoted judgments rendered by the Hon'ble Apex Court and that of the Hon'ble jurisdictional High Court, it is clear that a 13 M/s Automobile Products of India Ltd. deeming provision can be applied only in respect of the situation specifically given and hence cannot go beyond the explicit mandate

SHREE LAXMI ESTATE P. LTD,MUMBAI vs. ITO WD 15(3)(3), MUMBAI

In the result the appeal filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Shri M.Balaganesh, Am Shree Laxmi Estate Pvt.Ltd. Vs. Income Tax Officer, 4704, Gateway Plaza, Ward – 15(3)(3), Hiranandani Gardens, Aayakar Bhawan, 4Th Floor, Mk Road Powai, Mumbai – 400 076 Mumbai – 400 020 Pan/Gir No.Aafcs5707A (Appellant) .. (Respondent)

depreciation for Asst Year 2014-15 also in the sum of Rs 10,80,912/-. Accordingly, the Ground No. 4 raised by the assessee is allowed. 5. The Ground No. 5 raised by the assessee is with regard to the action of the ld CITA in confirming the addition made u/s 43CA

SKYLARK BUILD,MUMBAI vs. ASST CIT CEN CIR 4(2), MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

section 153C of LT. Act, 1961 can be initiated in respect to person other than searched only if incriminating material belonging to such person has been found and seized from the premises of person searched. No incriminating documents found at the person searched being M/s. Artefact Projects Ltd. no valid proceedings under section 153C of IT Act, 1961 could have

DCIT CEN CIR 4(2), MUMBAI vs. SUDHAKAR M. SHETTY, MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

section 153C of LT. Act, 1961 can be initiated in respect to person other than searched only if incriminating material belonging to such person has been found and seized from the premises of person searched. No incriminating documents found at the person searched being M/s. Artefact Projects Ltd. no valid proceedings under section 153C of IT Act, 1961 could have

SKYLARK BUILD,MUMBAI vs. ASST CIT CEN CIR 4(2), MUMBAI

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

section 153C of LT. Act, 1961 can be initiated in respect to person other than searched only if incriminating material belonging to such person has been found and seized from the premises of person searched. No incriminating documents found at the person searched being M/s. Artefact Projects Ltd. no valid proceedings under section 153C of IT Act, 1961 could have