THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. ASST CIT CIR 5(3)(2), MUMBAI

In the result, appeal of the assessee (ITA number 1597/M/2018) is allowed for statistical purposes

Bench: Shri Prashant Maharishi, Am & Shri Narfendrakumar Choudhary , Jm & & The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 N D Floor, Vs. Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of Income- The Great Eastern Shipping Co. Tax, Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 N D Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

3) read with section 144C (13) of the income tax act for the impugned assessment year dated 6/1/2015 wherein the returned income of the assessee filed on 29/9/2010 declaring a total income of ₹ 464,468,113/– was assessed at ₹ 2,141,221,370/– in view of the transfer pricing adjustment of ₹ 23,672,543 and disallowance under section 14

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. ASST CIT CIR 5(3)(2), MUMBAI

In the result, appeal of the assessee (ITA number 1597/M/2018) is allowed for statistical purposes

Bench: Shri Prashant Maharishi, Am & Shri Narfendrakumar Choudhary , Jm & & The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 N D Floor, Vs. Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of Income- The Great Eastern Shipping Co. Tax, Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 N D Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

3) read with section 144C (13) of the income tax act for the impugned assessment year dated 6/1/2015 wherein the returned income of the assessee filed on 29/9/2010 declaring a total income of ₹ 464,468,113/– was assessed at ₹ 2,141,221,370/– in view of the transfer pricing adjustment of ₹ 23,672,543 and disallowance under section 14

DCIT CIR 5(3)(2), MUMBAI vs. THE GREAT EASTERN SHIPPING CO. LTD, MUMBAI

In the result, appeal of the assessee (ITA number 1597/M/2018) is allowed for statistical purposes

Bench: Shri Prashant Maharishi, Am & Shri Narender Kumar Choudhary , Jm & & The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 Nd Floor, Vs. Room No.525B, 5 Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of Income- The Great Eastern Shipping Co. Tax, Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 Nd Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

3) read with section 144C (13) of the income tax act for the impugned assessment year dated 6/1/2015 wherein the returned income of the assessee filed on 29/9/2010 declaring a total income of ₹ 464,468,113/– was assessed at ₹ 2,141,221,370/– in view of the transfer pricing adjustment of ₹ 23,672,543 and disallowance under section 14

STATE BANK OF INDIA,MUMBAI vs. ADDL CIT CIR 2(2), MUMBAI

In the result appeal filed by the assessee for assessment

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal , Jm

disallowance under section 14 A to the extent of Rs. 311,976,518/– as under: 0.5% of average investments (including subsidiaries) Rs. 30,84,14,003 and 74/– Interest expenditure in foreign currency loans Rs. 3

DCIT 2(2), MUMBAI vs. STATE BANK OF INDIA, MUMBAI

In the result appeal filed by the assessee for assessment year 2006 – 07 and 2007 – 08 is partly allowed

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal , Jm A.Y.2006-07 [ By Assessee] &

disallowance under section 14 A to the extent of Rs. 311,976,518/– as under: – 0.5% of average investments (including subsidiaries) Rs. 30,84,14,003 and 74/– Interest expenditure in foreign currency loans Rs. 3

ASST CIT 3, MUMBAI vs. PRAMOD RATAN PATIL, MUMBAI

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

Disallowance under section 40 (3) 9,98,000 5 Cash deposit under section 68 ₹ 1,050,000 6 Undisclosed income from Lodha dwellers ₹ 14

PRAMOD RATAN PATIL,THANE vs. ASST CIT CIR 3, KALYAN

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

Disallowance under section 40 (3) 9,98,000 5 Cash deposit under section 68 ₹ 1,050,000 6 Undisclosed income from Lodha dwellers ₹ 14

STRIDES PHARMA SCIENCE LTD.,NAVI MUMBAI vs. THE DY CIT -5(1)(2), MUMBAI

In the result ITA number 1004/M/2021 filed by the assessee for assessment year 2016 – 17 is allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Strides Pharma Science Ltd. Dcit 15(1)(2) 201, Devavrata, Sector-17, Aayakar Bhavan, M K Road, Vs. Vashi, Navi Mumbai, 400703 Mumbai 400020 (Appellant) (Respondent) Pan No. Aadcs8104P

3) of the act was passed on 31/10/2019 wherein the above adjustment totaling to ₹ 95,843,090 was proposed. 6. The learned assessing officer further examined the corporate tax issue and found that:- i. Assessee has investments, income of which is not forming part of the total income and therefore the expenses are disallowable under section 14

ELARA CAPITAL (INDIA) PRIVATE LIMITED,MUMBAI vs. ACIT- CIRCLE 6(2)(2), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2017-18 Elara Capital (India) Pvt. Ltd., The Acit-Circle 6(2)(2), Tower 3, 21St Floor, One Room No. 506, 5Th Floor, Vs. International Center, Senapati Aayakar Bhavan, Maharshi Bapat Marg, Elphinstone Karve Road, Mumbai- Road (West), Mumbai-400013. 400020. Pan No. Aabce 6487 B Appellant Respondent

section 14A of the Act cannot go beyond the extent of of the Act cannot go beyond the extent of exempted income itself. Paragraph 12.3 of the said exempted income itself 3 of the said judgement is quoted below for ready reference. judgement is quoted below for ready reference judgement is quoted below for ready reference ……. 13. … …. Unfortunately, the Revenue

D.C.I.T. CENT. CIR. - 7(2), MUMBAI vs. RAJAHMUNDHRY EXPRESSWAY LTD., MUMBAI

In the result, appeals are dismissed

Bench: Shri Saktijit Dey & Shri G. Manjunatha

section 80IA of the Act was only a reiteration of Assessing Officer‟s reasoning while making similar disallowance in the original assessment order passed u/s 143(3). 14

BAJAJ INTERNATIONAL REALTY PRIVATE LIMITED ,MUMBAI vs. DCIT-1(2), MUMBAI

In the result both the appeals of the parties are partly allowed for In the result both the appeals of the parties are partly allowed for the statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

14 Private Limited ITA Nos. 5321 and 5319 5321 and 5319/MUM/2025 Assessing Officer computed the disallowance and ultimately made a Assessing Officer computed the disallowance and ultimately made a Assessing Officer computed the disallowance and ultimately made a net disallowance of ₹50,54,077/ 50,54,077/- observing as under: as under: “6.4 The submission made

BAJAJ INTERNATIONAL REALTY PRIVATE LIMITED ,MUMBAI vs. DCIT, 1(2)1, MUMBAI

In the result both the appeals of the parties are partly allowed for In the result both the appeals of the parties are partly allowed for the statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

14 Private Limited ITA Nos. 5321 and 5319 5321 and 5319/MUM/2025 Assessing Officer computed the disallowance and ultimately made a Assessing Officer computed the disallowance and ultimately made a Assessing Officer computed the disallowance and ultimately made a net disallowance of ₹50,54,077/ 50,54,077/- observing as under: as under: “6.4 The submission made

DCIT 5(3)(2), MUMBAI vs. THE GREAT EASTERN SHIPPING CO.LTD, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 Nd Floor, Vs. Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of The Great Eastern Shipping Income-Tax, Co. Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 Nd Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

3,273,085,570/– only to adjustments were made by the learned assessing officer. a. arm‟s-length price of the international transaction of ₹ 101,521,838 b. Disallowance under section 14

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. DCIT RG 5(3), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 Nd Floor, Vs. Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of The Great Eastern Shipping Income-Tax, Co. Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 Nd Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

3,273,085,570/– only to adjustments were made by the learned assessing officer. a. arm‟s-length price of the international transaction of ₹ 101,521,838 b. Disallowance under section 14

STATE BANK OF INDIA,MUMBAI vs. DCIT CIR 2(2), MUMBAI

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal , Jm

disallowance under section 14 A to the extent of Rs. 311,976,518/– as under: - 0.5% of average investments (including subsidiaries) Rs. 30,84,14,003 and 74/– Interest expenditure in foreign currency loans Rs. 3

MACROTECH DEVEOPERS LIMITED (SUCESSOR TO SHREENIWAS COTTON MILLS LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX , CENTRAL RANGE-7(3), MUMBAI

In the result appeal of the learned assessing officer and assessee are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm M/S. Macrotech Developers Limited (Successor Of Shreeniwas Cotton Dcit, Cc-7(3) Mills Ltd) 412, 4Th Floor, 17G, Vardhaman Room No. 655, Aayakar Bhavan, Vs. M.K.Road, Mumbai-400 020 Chamber, Cawasji Patel Street, Fort Mumbai-400 001 (Appellant) (Respondent) M/S. Macrotech Developers Limited (Successor Of Shreeniwas Cotton Mills Ltd) Dcit, Cc-7(3) 412, 4Th Floor, 17G, Vardhaman Room No. 655, Aayakar Bhavan, Vs. Chamber, Cawasji Patel Street, M.K.Road, Mumbai-400 020 Fort Mumbai-400 001 (Appellant) (Respondent) Pan No. Aaacl1490J Assessee By : Shri Niraj Sheth Revenue By : Shri Asif Karmali

disallowance under section 14 A of ₹ 331,070/–. Accordingly, the book profit was also adjusted and revised book profit was computed at ₹ 526,180,729. 013. The assessee did not file any objection before the learned dispute resolution panel and accordingly assessment order under section 143 (3

MACROTECH DEVELOPERS LTD.(SUCCESSOR TO BELLISSIMO CROWN BUILDMART PVT LTD.,,MUMBAI vs. DCIT CENTRAL CIRCLE 7(3), MUMBAI

The appeal is allowed

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

3) read with section 144C capital (13) of The Income Tax Act was passed on 30/7/2022 determining the total income of the assessee at ₹ 1,451,242,270/– in the book profit computed under section 115JB of the act in addition of ₹ 54,199,690/– was also made on account of disallowance under section 14

MACROTECH DEVELOPRS LTD,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 7(3), MUMBAI

The appeal is allowed

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

3) read with section 144C capital (13) of The Income Tax Act was passed on 30/7/2022 determining the total income of the assessee at ₹ 1,451,242,270/– in the book profit computed under section 115JB of the act in addition of ₹ 54,199,690/– was also made on account of disallowance under section 14

IQBAL AHMED KHALILAMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), NAVI MUMBAI

In the result, the appeal of the assessee for the A

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

disallowance u/s. 40A(3) of the Act as made in the assessment order.” 5. The learned counsel for the assessee submitted that the books of accounts of the assessee were rejected u/s 145(3) for AY 2009-10 and submitted that there is no dispute as to the rejection of books of accounts by the authorities below . The assessee took