ASST CIT (LTU) 1, MUMBAI vs. GRASIM INDUSTRIES LIMITED (AS A SUCCESSOR TO ADITYA BIRLA NUVO LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

disallowed under Section 43B. 42. The operative para of the said decision is as under: 6. We have carefully examined the scope and ambit of Section 43B of the Act. In our view, this section has two parts. The first part is that whether the interest paid in addition will at all be deductible under this section

GRASIM INDUSTRIES LIMITED (AS A SUCCESSOR TO ADITYA BIRLA NUVO LTD),MUMBAI vs. ADDL CIT LTU, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

disallowed under Section 43B. 42. The operative para of the said decision is as under: 6. We have carefully examined the scope and ambit of Section 43B of the Act. In our view, this section has two parts. The first part is that whether the interest paid in addition will at all be deductible under this section

CREDIT GUARANTEE FUND TRUST FOR MICRO AND SMALL ENTERPRISES,MUMBAI vs. DCIT (E) , MUMBAI

Bench: Shri Kuldip Singh & Shri S Rifaur Rahmanassessment Year: 2018-19

disallowed deduction of Rs.9,92,75,616/- being 15% of the income derived by the assessee trust under section 11(1)(a) of the Act. The AO accordingly framed the assessment under section 143(3) read with section 144B of the Act. 7 M/s. Credit Guarantee Fund Trust For Micro And Small Enterprises 3. The assessee carried the matter before

JYOTI AJIT KULKARNI,PUNE vs. DCIT CENT. CIR. 5(3), MUMBAI

disallowance of any\namount out of it by the ITO under section 10(4A).”\n“Section 10(4A) casts a duty and confers the power on the Income-tax\nOfficer not to allow any deduction in respect of any remuneration or\nbenefit or amenity to any director or any person who has a\n13\nITA No. 5067, 5069 Το

YES BANK LIMITED,MUMBAI vs. DCIT - 2(2)(2), MUMBAI

In the result, both the appeals of the Revenue and assessee he appeals of the Revenue and assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2014-15 Dcit-2(2)(2), M/S Yes Bank Ltd., Room No. 545, 5Th Floor, 9Th Floor, Nehru Centre, Discovery Of Vs. Aayakar Bhavan, India, Dr. Ab Road, Worli, M.K. Road, Churchgate, Mumbai-400018. Mumbai-400020. Pan No. Aaacy 2068 D Appellant Respondent Assessment Year: 2014-15 M/S Yes Bank Ltd., Dcit-2(2)(2), 9Th Floor, Nehru Centre, Room No. 545, 5Th Floor, Aayakar Discovery Of India, Dr. Ab Vs. Bhavan, Road, Worli, M.K. Road, Churchgate, Mumbai-400018. Mumbai-400020. Pan No. Aaacy 2068 D Appellant Respondent

disallowance of brokerage paid on HTM securities be deleted. paid on HTM securities be deleted. GROUND NO. IX: SETTING ASIDE TO THE AO THE GROUND GROUND NO. IX: SETTING ASIDE TO THE AO THE GROUND GROUND NO. IX: SETTING ASIDE TO THE AO THE GROUND ON SECTION 36(1)(viia) OF THE ACT: ON SECTION 36(1)(viia

DCIT-2(2)(2), MUMBAI vs. YES BANK LTD., MUMBAI

In the result, both the appeals of the Revenue and assessee he appeals of the Revenue and assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2014-15 Dcit-2(2)(2), M/S Yes Bank Ltd., Room No. 545, 5Th Floor, 9Th Floor, Nehru Centre, Discovery Of Vs. Aayakar Bhavan, India, Dr. Ab Road, Worli, M.K. Road, Churchgate, Mumbai-400018. Mumbai-400020. Pan No. Aaacy 2068 D Appellant Respondent Assessment Year: 2014-15 M/S Yes Bank Ltd., Dcit-2(2)(2), 9Th Floor, Nehru Centre, Room No. 545, 5Th Floor, Aayakar Discovery Of India, Dr. Ab Vs. Bhavan, Road, Worli, M.K. Road, Churchgate, Mumbai-400018. Mumbai-400020. Pan No. Aaacy 2068 D Appellant Respondent

disallowance of brokerage paid on HTM securities be deleted. paid on HTM securities be deleted. GROUND NO. IX: SETTING ASIDE TO THE AO THE GROUND GROUND NO. IX: SETTING ASIDE TO THE AO THE GROUND GROUND NO. IX: SETTING ASIDE TO THE AO THE GROUND ON SECTION 36(1)(viia) OF THE ACT: ON SECTION 36(1)(viia

JYOTI AJIT KULKARNI,PUNE vs. DCIT CENT. CIR. 5(3), MUMBAI

In the result ground no. 3 raised by the assessee is allowed and AO is directed to give benefit on whole deposit of Rs

Bench: Shri Amit Shukla & Shri Gagan Goyal- A.Y.2007-08 - A.Y.2008-09 - A.Y.2009-10 - A.Y.2010-11 - A.Y.2011-12 - A.Y.2012-13

disallowance of any amount out of it by the ITO under section 10(4A).” “Section 10(4A) casts a duty and confers the power on the Income-tax Officer not to allow any deduction in respect of any remuneration or benefit or amenity to any director or any person who has a Mrs. JYOTI AJIT KULKARNI substantial interest

ACIT - 2(2)(2), MUMBAI vs. YES BANK LIMITED, MUMBAI

2)iii) to the suo moto disallowance\nmade by the Appellant.\n4. The Appellant prays that the AO be directed to restrict the\ndisallowance u/s. 14A of the Act, to the suo-moto disallowance made\nby the Appellant.\nGROUND NO. VII: ORDER MADE ON THE BASIS OF SURMISES AND\nASSUMPTIONS WHILE CONFIRMING DISALLOWANCE U/S. 35D OF\nTHE

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

disallowance of exemption under section 10 (38) of the act for all these assessment years so far as jurisdiction is concerned. 034. Of course, merits of each of the addition would be decided separately as per separate grounds raised. 035. With respect to the argument of the assessee that for assessment year 2015 – 16 an intimation was issued on 19/1/2016

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

disallowance of exemption under section 10 (38) of the act for all these assessment years so far as jurisdiction is concerned. 034. Of course, merits of each of the addition would be decided separately as per separate grounds raised. 035. With respect to the argument of the assessee that for assessment year 2015 – 16 an intimation was issued on 19/1/2016

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

disallowance of exemption under section 10 (38) of the act for all these assessment years so far as jurisdiction is concerned. 034. Of course, merits of each of the addition would be decided separately as per separate grounds raised. 035. With respect to the argument of the assessee that for assessment year 2015 – 16 an intimation was issued on 19/1/2016

MOHAN GURNANI,NAVI MUMBAI vs. DCIT CENTRAL CIRLE - 5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

disallowance of exemption under section 10 (38) of the act for all these assessment years so far as jurisdiction is concerned. 034. Of course, merits of each of the addition would be decided separately as per separate grounds raised. 035. With respect to the argument of the assessee that for assessment year 2015 – 16 an intimation was issued on 19/1/2016

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

disallowance of exemption under section 10 (38) of the act for all these assessment years so far as jurisdiction is concerned. 034. Of course, merits of each of the addition would be decided separately as per separate grounds raised. 035. With respect to the argument of the assessee that for assessment year 2015 – 16 an intimation was issued on 19/1/2016

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

disallowance of exemption under section 10 (38) of the act for all these assessment years so far as jurisdiction is concerned. 034. Of course, merits of each of the addition would be decided separately as per separate grounds raised. 035. With respect to the argument of the assessee that for assessment year 2015 – 16 an intimation was issued on 19/1/2016

MOHAN THANKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

disallowance of exemption under section 10 (38) of the act for all these assessment years so far as jurisdiction is concerned. 034. Of course, merits of each of the addition would be decided separately as per separate grounds raised. 035. With respect to the argument of the assessee that for assessment year 2015 – 16 an intimation was issued on 19/1/2016

ADDL CIT RG 1(1), MUMBAI vs. HDFC LTD, MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

XV. Additional claim of the Assessee with regard to inadvertent suo- moto disallowance made during the course of the assessment proceedings. XVI. Refund of excess dividend distribution tax (DDT). XVII. Transfer pricing adjustment in respect of specified domestic transactions (SDT) covered by section 40A(2)(b). XVIII. Disallowance of year-end provisions. XIX. Increasing the book profit computed u/s. 115JB

HDFC BANK LIMITED (AS SUCCESSOR TO HOUSING DEVELOPMENT FINANCE CORPORATION LTD),MUMBAI vs. ADDL CIT RG 1(1), MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

XV. Additional claim of the Assessee with regard to inadvertent suo- moto disallowance made during the course of the assessment proceedings. XVI. Refund of excess dividend distribution tax (DDT). XVII. Transfer pricing adjustment in respect of specified domestic transactions (SDT) covered by section 40A(2)(b). XVIII. Disallowance of year-end provisions. XIX. Increasing the book profit computed u/s. 115JB

HDFC BANK LIMITED (AS SUCCESSOR TO HOUSING DEVELOPMENT FINANCE CORPORATION LTD),MUMBAI vs. DCIT 1(1), MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

XV. Additional claim of the Assessee with regard to inadvertent suo- moto disallowance made during the course of the assessment proceedings. XVI. Refund of excess dividend distribution tax (DDT). XVII. Transfer pricing adjustment in respect of specified domestic transactions (SDT) covered by section 40A(2)(b). XVIII. Disallowance of year-end provisions. XIX. Increasing the book profit computed u/s. 115JB