BAJAJ CONSULTANTS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 4(1), MUMBAI

In the result the appeal of the assessee is dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2017-18

Section 14A(2). (ii) Sufficiency of Disallowance: Sufficiency of Disallowance: That the suo motu suo motu disallowance adequately covered the specific

TATA CHEMICALS LTD.,MUMBAI vs. DY CIT 2 (3)(1), MUMBAI

disallowance under section 14A read with Rule 8D as under:\nDescription\n(i)\nthe amount of expenditure directly relating\nto income which does not form part of total\nincome;\nAmount [ Rs.\nin crore] as per\nRule 8D(2

ACIT, MUMBAI vs. K RAHEJA CORP PRIVATE LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2020-21

Section 14A of the Act. Accordingly, the AO is directed to delete the disallowance 14A of the Act. Accordingly, the AO is directed to delete the disallowance 14A of the Act. Accordingly, the AO is directed to delete the disallowance K Raheja Corp Pvt. Ltd. K Raheja Corp Pvt. Ltd. made amounting to Rs. 2

ASIA INVESTMENTS PVT.. LTD.,MUMBAI vs. DCIT ,CIRCLE 2 (1)(1), MUMBAI

In the result, all the three appeal

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

section 14A(2), cannot by itself justify a disallowance under Rule section 14A(2), cannot by itself justify a disallowance

DCIT 2(1)(1), MUMBAI vs. BAJAJ ELECTRICALS LTD, MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

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

14A - Ground No. 1.1 to 1.4 (ii) Ad-hoc disallowance of commission expenses - Ground No. 2 (iii) Disallowance of ESOP expenses - Ground No. 3 (iv) Disallowance of prior period expenses - Ground No. 4 4 ITA 4172/M/13-5749-5750/M/15-110- 111/M/16 Bajaj Electricals Limited 4. The assessee vide letter dated 30.04.2015 has raised the following additional ground with regard to disallowance under section

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

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

14A - Ground No. 1.1 to 1.4 (ii) Ad-hoc disallowance of commission expenses - Ground No. 2 (iii) Disallowance of ESOP expenses - Ground No. 3 (iv) Disallowance of prior period expenses - Ground No. 4 4 ITA 4172/M/13-5749-5750/M/15-110- 111/M/16 Bajaj Electricals Limited 4. The assessee vide letter dated 30.04.2015 has raised the following additional ground with regard to disallowance under section

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

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

14A - Ground No. 1.1 to 1.4 (ii) Ad-hoc disallowance of commission expenses - Ground No. 2 (iii) Disallowance of ESOP expenses - Ground No. 3 (iv) Disallowance of prior period expenses - Ground No. 4 4 ITA 4172/M/13-5749-5750/M/15-110- 111/M/16 Bajaj Electricals Limited 4. The assessee vide letter dated 30.04.2015 has raised the following additional ground with regard to disallowance under section

ASST. COMMISSIONER OF INCOME-TAX-CIRCLE 6(1)(2), MUMBAI, MUMBAI vs. 360 ONE PRIME LTD., MUMBAI

In the result, the appeal of the Revenue is allowed for t, the appeal of the Revenue is allowed for t, the appeal of the Revenue is allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2016-17 Asst. Cit Circle-6(1)(2), 360 One Prime Ltd., Room No. 506, 5Th Floor, Aayakar Iifl Centre, Kamala City, Senapati Vs. Bhavan, M.K. Road, Bapat Marg, Lower Parel (W), Mumbai-400020. Mumbai-400013. Pan No. Aabcc 3347 E Appellant Respondent

disallowance section (2) of Section 14A was invoked to work out the disallowance section (2) of Section 14A was invoked

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Acit-2(2)(2), Room No. 545, 5Th Floor, Aayakar Bhavan, Mumbai-400020. Appellant Yes Bank Ltd., 15Th Floor, Yes Bank Tower, Ifc 2, Senapati Bapat Marg, Elphistone (West), Mumbai-400013. Pan No. Aaacy 2068 D Appellant Assessee By Revenue By Date Of Hearing Date Of Pronouncement

disallowance would not per se destroy mandate of sec 14A of the Act. For the sake of convenience, the finding of the Hon'ble Gujarat High Court in the above referred case is reproduced as under: "8. To give effect to the provision of Section 14A and in particular sub-section (2

HINDUSTAN PETROLEUM CORP LTD,MUMBAI vs. DCIT 1(1)(2), MUMBAI

Bench: us. 2.

Section 14A of the Act. However, the Assessing Officer rejected the aforesaid sou motu disallowance offered by the Assessee and computed aggregate disallowance as per Rule 8D at INR 71.81 Crores consisting of disallowance of INR 3.65 Crores under Rule 8D(2

INDIABULLAS HOUSING FINANCE LIMITED,MUMBAI vs. DCIT, CENTRAL CIRCLE-6(4), MUMBAI

Section 14A of the Act as per the provisions of Rule 8D of the Rules at INR 256,26,66,539/- [INR 227,47,04,516/- as per Rule 8D(2)(i) Plus INR 28,79,62,023/- as per Rule 8D(2)(ii)], and AYs 2018-19 & 2019-2020 made addition of INR 255,34,60,901/- [Aggregate Disallowance

SICOM LTD ,MUMBAI vs. DY COMMISSIONER OF INCOME TAX CIRCLE 3(3)(1), MUMBAI

In the result, the appeal filed by the assesee is partly allow for statistical purpose and the appeal filed by the revenue is allowed for statistical purposes

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadale, Judicialmember Sicom Ltd, Vs. Dy Commissioner Of Solitaire Corporate Income Tax Circle Park, Bldg No.04, 3(3)(1), Chakala, Andheri(E), 6Th Floor, Room No. Mumbai-400093. 609,Aayakar Bhavan, Maharishi Karve Road, Mumbai- 400020. "थायी लेखा सं./जीआइआर सं.Pan/Gir No. Aaacs5524J (अपीलाथ"/Applicant) (""यथ"/Respondent) Dy Commissioner Of Vs. Sicom Ltd, Income Tax Circle Solitaire Corporate Park, 3(3)(1), Bldg No.04, Chakala, 6Th Floor, Room No. Andheri(E), 609,Aayakar Bhavan, Mumbai-400093. Maharishi Karve Road, Mumbai- 400020. "थायी लेखा सं./जीआइआर सं.Pan/Gir No. Aaacs5524J (अपीलाथ"/Applicant) (""यथ"/Respondent)

disallowance has to be made as per Rule 8D from assessment year 2008-09 onwards. In Vireet Investment Pvt. Ltd. (supra), the Special Bench of the Tribunal has held interalia that (i) computation under clause (f) of Explanation 1 to section 115JB(2), is to be made without resorting to computation as contemplated under section 14A

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

disallowance of Rs Section 14A of the Income Tax Act, 1961 (hereinafter Section 14A of the Income Tax Act, 1961 Section 14A of the Income Tax Act, 1961 referred to as 'the Act'). referred to as 'the Act' 2

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

14A of the Act, Act, including including the the suo suo-moto moto disallowance disallowance of of Rs. Rs. 2,09,42,284/ 2,09,42,284/- made by the Appellant, be deleted. made by the Appellant, be deleted. GROUND NO. IV: ORDER MADE ON THE BASIS OF GROUND NO. IV: ORDER MADE ON THE BASIS OF GROUND

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

14A of the Act, Act, including including the the suo suo-moto moto disallowance disallowance of of Rs. Rs. 2,09,42,284/ 2,09,42,284/- made by the Appellant, be deleted. made by the Appellant, be deleted. GROUND NO. IV: ORDER MADE ON THE BASIS OF GROUND NO. IV: ORDER MADE ON THE BASIS OF GROUND

M/S EDELWISS RURAL & CORPORATE SERVICES PRIVATE LIMITED,MUMBAI vs. ACIT CENTRAL CIRCLE-1(2), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2016-17 M/S Edelweiss Rural & Acit Central Circle-1(2), Corporate Services Pvt. Ltd., R. No. 906, 9Th Floor, Old Vs. Edelweiss House, Off Cst Road, Cgo Building Annexe, Kalina, Santacruz (East), Maharshi Karve Road, Mumbai-400098. Churchgate, Mumbai-400020. Pan No. Aakcs 7311 R Appellant Respondent Assessee By : Mr. Jitendra Jain, Ar Revenue By : Mr. Sanjeev Kashyap, Cit-Dr : Date Of Hearing 09/03/2023 : Date Of Pronouncement ___/03/2023 Order

2 of the appeal of the assessee the appeal of the assessee is accordingly allowed. 8.2 The ground No. 1 of the appeal No. 1 of the appeal relates to the relates to the disallowance under section 14A

AACHMAN VANIJYA PVT. LTD,MUMBAI vs. DCIT , CENTRAL CIRCLE-8 (4) , MUMBAI

In the result, the result, the both appeals filed by the assessee filed by the assessee are dismissed

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2016-17 & Assessment Year: 2017-18 M/S Aachman Vanijya Pvt. Ltd., Dcit, Central Circle-8(4), Main Building, 2Nd Floor, Kolkata, 6Th Floor, Aayakar Bhavan, West Bengal-700 001. Vs. M.K. Road, Mumbai-400020. Pan No. Aacca 5165 H Appellant Respondent Assessee By : None Revenue By : Ms. Shailja Rai, Cit-Dr Date Of Hearing : 24/08/2022 Date Of Pronouncement : 28/09/2022

section 14A r.w.r 8D of the Act and the reason assigned for doing so are assigned for doing so are wrong and contrary to the provision wrong and contrary to the provision of Income Tax Act and rules made there under. of Income Tax Act and rules made there under. M/s Aachman Vanijya Pvt. Ltd. M/s Aachman Vanijya

ASST CIT CIR 6(1)(2), MUMBAI vs. ASK INVESTMENT MANAGERS P.LTD, MUMBAI

The appeal of the Revenue is allowed for statistical

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year 2012-13 Acit M/S Ask Investment Circle-6(1)(2), Managers Pvt. Ltd. बनाम/ R. No.536, 5Th Floor, 1St Floor Bandbox House, Vs. Aayakar Bhavan, Dr. Ab Road, Worli, M. K. Road, Churchgate, Mumbai-400030 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aafca2302P Shri Nitin Waghmode-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri J.D. Mistri Sr. Advocate

2 M/s Ask Investment Managers Pvt. Ltd. आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 08/11/2016 of the Ld. First Appellate Authority, Mumbai, deleting the disallowance of Rs.1,02,48,995/- made under section 14A