SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

depreciable asset and assessee has neither challenged the applicability of Section 50 of the Act nor has it challenged the income determined in accordance with the Section 50. The issue before us is, whether the rate of tax which is to be determined u/s.112 of the Act shall be applicable if asset is a long term capital asset held

ACIT 421 MUMBAI, MUMBAI CITY vs. SAMIR NARAIN BHOJWANI, MUMBAI

Appeal of the assessee is allowed for statistical purposes and the\nappeal of the revenue is dismissed

depreciable asset and assessee has neither\nchallenged the applicability of Section 50 of the Act nor has it challenged the income\ndetermined in accordance with the Section 50. The issue before us is, whether the\nrate of tax which is to be determined u/s.112 of the Act shall be applicable if asset is\na long term capital asset held

DCIT 4(3)(1), MUMBAI vs. RELIANCE TRANSPORT AND TRAVELS P.LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Shri S. Rifaur Rahman: A.Y : 2013-14 Asst. Commissioner Of Income Vs. M/S. Reliance Transport & Tax – 4(3)(1), Travels Pvt. Ltd., Mumbai (Appellant) 6Th Floor, Nagin Mahal, 82, Veer Nariman Road, Churchgate, Mumbai 400 020. Pan : Aaacr2380M (Respondent)

97,421/-. In the petition filed before the Customs Settlement Commission, the Commission had finally levied Customs Duty of Rs.26,49,31,101/- and further penalty of Rs.5,63,59,144/- was imposed. 5. In his order, the Assessing Officer has also referred to the report of the Joint Director of Income Tax (Intelligence & Criminal Investigation) Unit-1, Mumbai that

DY CIT 9 (1)(2), MUMBAI vs. SABMILLER INDIA LTD (NOW KNOWN AS ANHEUSER BUSCH INBEV INDIA LTD), MUMBAI

In the result, the assessee’s cross objection is partly allowed

Bench: Shri S. Rifaur Rahman & Shri Ravish Sood

97,500 pertaining to Foster's brand by applying the provisions of section 40(a)(1) of the Act read with section 195 and 200 of the Act; 7. erred in not appreciating that the provisions of section 40(a)(i) of the Act do not apply to capital expenditure and depreciation

GATI KINTETSU EXPRESS PRIVATE LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of accounts of the assessee under the BTA between the assessee and accounts of the assessee under the BTA between the assessee and accounts

GATI KINTETSU EXPRESS PRIVATE LIMITED ,MAHARASHTRA AND MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MAHARASHTRA AND MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of accounts of the assessee under the BTA between the assessee and accounts of the assessee under the BTA between the assessee and accounts

GATI KINTETSU EXPRESS PRIVATE LIMITED,MUMBAI vs. DY.COMMISSIONER OF INCOME , CIRLCE 14(1)(2)TAX, MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of accounts of the assessee under the BTA between the assessee and accounts of the assessee under the BTA between the assessee and accounts

GATI KINTETSU EXPRESS PRIVATE LIMITED ,MAHARASHTRA AND MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MAHARASHTRA AND MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of accounts of the assessee under the BTA between the assessee and accounts of the assessee under the BTA between the assessee and accounts

NUTECH ENGINEERING TECHNOLOGIES LIMITED,MUMBAI vs. ACIT, CIRCLE-10(3)(1), MUMBAI

The appeal of the appellant is dismissed

Bench: Shri Amit Shukla (Jm) & Shri Omkareshwar Chidara (Am)

97,15,433/-. The appellant company is primarily engaged into manufacturing of sheet metal components. During the concerned assessment year, the appellant company sold a portion of property “Lunkard Sky Max” as mentioned in assessment order at page No. 2. From the assessment order, it is seen that the appellant sold the immovable property for net sale consideration

DCITCC 3(2) CEN RG 3, MUMBAI vs. HRISHIKESH D. PAI, MUMBAI

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

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.2766/Mum/2017 (नििाारण वर्ा / Assessment Year : 2012-13) बिाम/ Dcit, Cc 3(2) Cen Rg 3 Shri Hrishikesh D. Pai, R.No. 1913, 19Th Floor, C/O M/S. Pregnancy Air India Building, Advice & Services, V. Nariman Point, 304, Pearl Centre, Mumbai S.B. Marg, Dadar, Mumbai 400028 स्थायी ऱेखा सं./ Pan : Aabpp2139C (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Manoj Kumar Singh, Dr Assessee By : Shri. Vijay Mehta सुनवाई की तारीख /Date Of Hearing : 23.08.2018 घोषणा की तारीख /Date Of Pronouncement :26.09.2018 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 2766/Mum/2017, Is Directed Against Appellate Order Dated 05.12.2016 Passed By Learned Commissioner Of Income Tax (Appeals)-5, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 30.03.2015 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 2012-13. I.T.A. No.2766/Mum/2017

depreciable assets was rightly treated as short term capital gain by the Assessing Officer and disallowed the claim of deduction u/s 54F of the IT Act, 1961" (ii) "On the facts and circumstances of the case, the CIT(A) was erred in deleting the addition made by the Assessing Officer under section 69B of the IT Act amounting

VODAFONE IDEA LTD.,MUMBAI vs. PR CIT -5, MUMBAI

Bench: Shri Kuldip Singh & Shri Amarjit Singhassessment Year: 2015-16

97 wherein in para 1 the details of spectrum capitalized is given as annexure I, examined by the tax auditor with necessary calculation of depreciation claimed and certified by the tax auditor as annexure II. Then again assessee company issued letter dated 26.12.2017 available at page 99 wherein detail as to bidding by the assessee company in various spectrum options

KOVALAM RESORT PRIVATE LIMTIED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 2(1)(1), MUMBAI

In the result, the appeal of the assessee for Assessment Year

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar1. Ita No. 6580/Mum/2025 (Assessment Year: 2012-13) 2. Ita No. 6578/Mum/2025 (Assessment Year: 2013-14) & 3. Ita No. 6579/Mum/2025 (Assessment Year: 2014-15) Kovalam Resort Private Dcit 2(1)(1), Limited 561, Aayakar The Leela, Sahar, Andheri Vs. Bhavan, M. K. East, Mumbai-400 059 Road, Mumbai- 400 020 Pan/Gir No. Aaeck4804H (Applicant) (Respondent) Assessee By Shri Dharan Gandi & Shri Ravi Gupta, Ld. Ars Revenue By Shri Ritesh Misra, Ld. Dr Date Of Hearing 22.01.2026 Date Of Pronouncement 30.01.2026

section 43(1) of the Act. The balance amount of the slump sale consideration, amounting to Rs. 439,07,65,750/-, was treated as attributable to land. 15. The details are tabulated below: Particulars WDV on date of Rate Depreciation WDV after transfer (Rs.) (Rs.) depreciation (Rs.) Building

KOVALAM RESORT PRIVATE LIMITED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 2(1)(1), MUMBAI

In the result, the appeal of the assessee for Assessment Year

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar1. Ita No. 6580/Mum/2025 (Assessment Year: 2012-13) 2. Ita No. 6578/Mum/2025 (Assessment Year: 2013-14) & 3. Ita No. 6579/Mum/2025 (Assessment Year: 2014-15) Kovalam Resort Private Dcit 2(1)(1), Limited 561, Aayakar The Leela, Sahar, Andheri Vs. Bhavan, M. K. East, Mumbai-400 059 Road, Mumbai- 400 020 Pan/Gir No. Aaeck4804H (Applicant) (Respondent) Assessee By Shri Dharan Gandi & Shri Ravi Gupta, Ld. Ars Revenue By Shri Ritesh Misra, Ld. Dr Date Of Hearing 22.01.2026 Date Of Pronouncement 30.01.2026

section 43(1) of the Act. The balance amount of the slump sale consideration, amounting to Rs. 439,07,65,750/-, was treated as attributable to land. 15. The details are tabulated below: Particulars WDV on date of Rate Depreciation WDV after transfer (Rs.) (Rs.) depreciation (Rs.) Building

FRANK S INTERNATIONAL ITL LIMITED,MUMBAI vs. ACIT(IT), CIRCLE (2)(3)(1), MUMBAI, MUMBAI

In the result, the question of law referred to the Special Bench is answered in favour of the\nassessee

depreciable asset and assessee\nhas neither challenged the applicability of Section 50 of the Act nor has it challenged the income\ndetermined in accordance with the Section 50. The issue before us is, whether the rate of tax which\nis to be determined u/s.112 of the Act shall be applicable if asset is a long term capital asset held\nfor

THE SUPREME INDUSTRIES LIMITED,MUMBAI vs. ACIT LTU, MUMBAI

In the result, Revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Shri Shamim Yahya & Shri Pawan Singh: A.Y : 2009-10

section 115JB of the I.T. Act.” 3. In this appeal, assessee is challenging that following relief is not granted by the learned CIT(A) :- “6. The appellant submits that the learned Assessing Officer be directed : (i) to allow the depreciation of a sum of Rs.2,97

CINERAD COMMUNICATION LTD.,MUMBAI vs. ITO WARD-3(1)(3), MUMBAI

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

97,490/- as the same was added by the Appellant to the current depreciation of INR 10,30,001/- as per Section

ASST CIT CIR 1, KALYAN vs. ASB INTERNATIONAL P. LTD, AMBERNATH

In the result, appeals filed by the Revenue in ITA No

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.7034/Mum/2013 & 7035/Mum/2013 ("नधा"रण वष" / Assessment Years : 2004-05 & 2006-07) Asstt. Commissioner Of M/S Asb International बनाम/ Income Tax – Circle 1, Pvt. Ltd., V. Kalyan, E-9, Addl Ambernath Indl. 1St Floor,, Area, Mohan Plaza, Midc Anand Nagar, Wayale Nagar, Ambernath. Khadakpada, Kalyan. "थायी लेखा सं./Pan :Aaaca8424F .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

section 10B also respectfully following the above, we uphold the contention of assessee that carry forward business losses and depreciation cannot be set off to the profits of the undertaking while working the claim u/s 10B. Therefore, AO is directed to do the needful in light of the above principles laid down. Ground No.1 is accordingly allowed.” The ld. Counsel

ADITYA BIRLA FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX - 2(1)(1), MUMBAI

In the result, the appeal is partly allowed

depreciation amounting to Rs.\n6,36,37,882/- as claimed by the Appellant u/s.32 of the Act be allowed.\n3. GROUND NO. III: NOT ALLOWING CLAIM OF LEAVE ENCASHMENT\nAMOUNTING TO RS. 1,08,99,749/- AND BONUS AMOUNTING TO RS.\n1,41,45,067/-U/S. 43B OF THE ACT:\n3.1 On the facts and in the circumstances

DCIT-CENTRAL CIRCLE-3(4),MUMBAI, MUMBAI vs. TRANSWORLD FURTICHEM PRIVATE LIMITED, MUMBAI

In the result, the appeal by the Revenue for the assessment year

Bench: Shri Om Prakash Kant

depreciation amounting to Rs. 2,98,50,000, claimed at the rate of 25% of the value of Trademark of Rs. 11,97,07,415, under section