RELIANCE RETAIL LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 8(1)(1), MUMBAI

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar

disallowance under section 14A amounting to Rs. 10,73,211/- towards expenditure relatable to\exempt income. The Assessing Officer was not satisfied

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

Section 211 of the Companies Act, 1956 and the notified accounting standards. It is by now well settled that matching principle of accounting ensures purity of Profit & loss Account and ensures true & fair ascertainment of income. Accordingly, in light of Guidance Note issued by EAC of ICAI and the accounting guidelines laid down in Paras

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

Section 211 of the Companies Act, 1956 and the notified accounting standards. It is by now well settled that matching principle of accounting ensures purity of Profit & loss Account and ensures true & fair ascertainment of income. Accordingly, in light of Guidance Note issued by EAC of ICAI and the accounting guidelines laid down in Paras

DCIT (LTU) 2, MUMBAI vs. UNION BANK OF INDIA, MUMBAI

In the result, appeal of the assessee is allowed and the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Vikas Awasthy & Shri G.Manjunathaआअसं. 1804/मुं/2018 ("न.व 2011-12) आअसं. 1805/मुं/2018 ("न.व 2012-13) आअसं. 1806/मुं/2018 ("न.व 2013-14) आअसं. 1807/मुं/2018 ("न.व 2014-15) Union Bank Of India, Central Accounts Dept., 6Th Floor, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400 021 Pan:Aaacu0564G ...... अपीलाथ" /Appellant

disallowance under section 14A r.w.r. 8D of the Act is warranted where the assessee has earned exempt income on shares/stocks held as ‘stock-in-trade’. Consequently, the sole ground raised in appeal by the assessee is allowed and corresponding ground No.1 raised in the appeal by the Revenue is dismissed. 9. In the result, appeal of the assessee is allowed

UNION BANK OF INDIA,MUMBAI vs. DCIT (LTU) 2, MUMBAI

In the result, appeal of the assessee is allowed and the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Vikas Awasthy & Shri G.Manjunathaआअसं. 1804/मुं/2018 ("न.व 2011-12) आअसं. 1805/मुं/2018 ("न.व 2012-13) आअसं. 1806/मुं/2018 ("न.व 2013-14) आअसं. 1807/मुं/2018 ("न.व 2014-15) Union Bank Of India, Central Accounts Dept., 6Th Floor, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400 021 Pan:Aaacu0564G ...... अपीलाथ" /Appellant

disallowance under section 14A r.w.r. 8D of the Act is warranted where the assessee has earned exempt income on shares/stocks held as ‘stock-in-trade’. Consequently, the sole ground raised in appeal by the assessee is allowed and corresponding ground No.1 raised in the appeal by the Revenue is dismissed. 9. In the result, appeal of the assessee is allowed

UNION BANK OF INDIA,MUMBAI vs. DCIT (LTU) 2, MUMBAI

In the result, appeal of the assessee is allowed and the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Vikas Awasthy & Shri G.Manjunathaआअसं. 1804/मुं/2018 ("न.व 2011-12) आअसं. 1805/मुं/2018 ("न.व 2012-13) आअसं. 1806/मुं/2018 ("न.व 2013-14) आअसं. 1807/मुं/2018 ("न.व 2014-15) Union Bank Of India, Central Accounts Dept., 6Th Floor, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400 021 Pan:Aaacu0564G ...... अपीलाथ" /Appellant

disallowance under section 14A r.w.r. 8D of the Act is warranted where the assessee has earned exempt income on shares/stocks held as ‘stock-in-trade’. Consequently, the sole ground raised in appeal by the assessee is allowed and corresponding ground No.1 raised in the appeal by the Revenue is dismissed. 9. In the result, appeal of the assessee is allowed

DCIT (LTU) 2, MUMBAI vs. UNION BANK OF INDIA, MUMBAI

In the result, appeal of the assessee is allowed and the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Vikas Awasthy & Shri G.Manjunathaआअसं. 1804/मुं/2018 ("न.व 2011-12) आअसं. 1805/मुं/2018 ("न.व 2012-13) आअसं. 1806/मुं/2018 ("न.व 2013-14) आअसं. 1807/मुं/2018 ("न.व 2014-15) Union Bank Of India, Central Accounts Dept., 6Th Floor, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400 021 Pan:Aaacu0564G ...... अपीलाथ" /Appellant

disallowance under section 14A r.w.r. 8D of the Act is warranted where the assessee has earned exempt income on shares/stocks held as ‘stock-in-trade’. Consequently, the sole ground raised in appeal by the assessee is allowed and corresponding ground No.1 raised in the appeal by the Revenue is dismissed. 9. In the result, appeal of the assessee is allowed

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

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed, as indicated above

Bench: Sri Mahavir Singh, Vp & Sri G Manjunatha, Am आयकर अपील सुं./ Ita No. 3644/Mum/2016 (ननर्ाारण वर्ा / Assessment Year 2008-09) State Bank Of India The Dy. Commissioner Of 3Rd Floor, Corporate Centre Income Tax, Circle -2(2)(1) बनाम/ Madam Cama Road Mumbai Vs. Nariman Point Mumbai-400021 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaacs8577K

section 14A of the Act on investments which are held as stock- in-trade. The said issue has also been 49 | P a g e State Bank of India ITA Nos.3644&4563/Mum/2016 decided in favour of the assessee by the Mumbai Tribunal in [ITA NO. 3789/Mum/2013] [erstwhile State Bank of Saurashtra which has since merged with the assessee] vide

FUTURE IDEAS CO LTD.,MUMBAI vs. PR.CIT -9, MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainfuture Ideas Co. Ltd. Principal Cit – 9 Knowledge House, Shyam Nagar 2Nd Floor, Room No. 214 Vs. Off Jogeshwari Vikroli Link Rd. Aayakar Bhavan, M.K. Road Jogeshwari (E), Mumbai 400060 Mumbai 400020 Pan – Aaacf9519L Appellant Respondent

disallowance was called for, as if it was to 6 Futre Ideas Co. Ltd. be applied automatically without having regard to the particular facts of the case. 4.2.3 It has been contended that the impugned order under section 263 of the Act is bad in law, as the learned Principal CIT has travelled beyond the issue on the basis

ASST CIT 19(3), MUMBAI vs. PAHILAJRAI JAIKISHIN, MUMBAI

In the result, the appeal is allowed

Bench: Shri Shailendra Kumar Yadav & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.1562/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11)

Disallowances. Keeping in mind the said scheme the position is that sections 30 to 38 are deductions which are limited by section 40. Therefore, even if an assessee is entitled to deduction under section 36(1)(iii), the assessee (firm) will not be entitled to claim deduction for interest payment exceeding 18/12 per cent per se. This is because section

PAHILAJRAI JAIKISHAN,MUMBAI vs. DCIT 19(3), MUMBAI

In the result, the appeal is allowed

Bench: Shri Shailendra Kumar Yadav & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.1562/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11)

Disallowances. Keeping in mind the said scheme the position is that sections 30 to 38 are deductions which are limited by section 40. Therefore, even if an assessee is entitled to deduction under section 36(1)(iii), the assessee (firm) will not be entitled to claim deduction for interest payment exceeding 18/12 per cent per se. This is because section

FUTURE CORPORATE RESOURCES LTD.(FORMERLY KNOWN AS SIMPLETON INVESTRADE PVT. LTD.),MUMBAI vs. PR.CIT -9, MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainfuture Corporate Resources Ltd. Principal Cit – 9 (Formerly Simpleton Investrade P. Ltd.) 2Nd Floor, Room No. 214 Knowledge House, Shyam Nagar Vs. Aayakar Bhavan, M.K. Road Off Jogeshwari Vikroli Link Rd. Mumbai 400020 Jogeshwari (E), Mumbai 400060 Pan – Aajcs3979E Appellant Respondent

disallowance was called for, as if it was to be applied automatically without having regard to the particular facts of the case. 6 Futre Corporate Resources Ltd. 4.2.3 It has been contended that the impugned order under section 263 of the Act is bad in law, as the learned Principal CIT has travelled beyond the issue on the basis

DCIT 8(3)(2), MUMBAI vs. VINAMRA UNIVERSAL TRADERS P.LTD, MUMBAI

In the result, Revenue’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain Dy. C.I.T. – 8(3)(2) M/S. Vinamra Universal Room No. 615, 6Th Floor Traders Pvt. Ltd. Aayakar Bhavan, M.K. Road Vs. Jai Centre, 1St Floor Mumbai 400020 34, P. D’Mello Rd., Opp. Red Gate Mumbai 400009 Pan – Aaccv5090J Appellant Respondent

section 271(1)(c) of the Act and prayed that the impugned order of the learned CIT(A) in deleting the penalty be upheld. 4.3.1 We have heard the rival contentions and perused and carefully considered the material on record; including the judicial pronouncements cited. In the impugned order, the learned CIT(A) after considering the assessee’s submissions

DCIT (LTU) 2, MUMBAI vs. ASIAN PAINTS LTD, MUMBAI

In the result, the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

section 5(1) of the Act in the case of a resident, the total income, inter-alia, includes all income from whatever sources derived which accrues or arises to him outside India during the year. As per the assessee, it is entitled to receive the Royalty from its overseas subsidiaries @3% on the net sales price of products sold

ASIAN PAINTS LIMITED,MUMBAI vs. DY. CIT LTU, MUMBAI

In the result, the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

section 5(1) of the Act in the case of a resident, the total income, inter-alia, includes all income from whatever sources derived which accrues or arises to him outside India during the year. As per the assessee, it is entitled to receive the Royalty from its overseas subsidiaries @3% on the net sales price of products sold

MAHINDRA & MAHINDRA LIMITED,MUMBAI vs. ACIT, CIR -2(2)(1), MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri M. Balaganesh () & Smt. Kavitha Rajagopal () Mahindra & Mahindra Limited Vs Asst.Commissioner Of Income-Tax, Corporation Taxation, P.K. Kurne Circle-2(2)(1), Mumbai Chowk, Worli, Mumbai-400 018 Aayakar Bhavan, M.K. Road Pan : Aaacm3025E Mumbai-400 020 Appellant Respondent Asst.Commissioner Of Income-Tax, Vs 020Mahindra & Mahindra Limited Circle-2(2)(1), Mumbai Corporation Taxation, P.K. Kurne Aayakar Bhavan, M.K. Road Chowk, Worli, Mumbai-400 018 Mumbai-400 Pan : Aaacm3025E Appellant Respondent

section 40A(9) of the Act. 19. The Ld.AR submitted that the assessee’s claim for deduction of similar actual expenditure was allowed by the co-ordinate bench for A.Y. 1996-97 in ITA No.3659/Mum/2012 which has been followed in A.Y. 2000-01 in ITA No.3998/Mum/2010 and A.Y. 2001-02 in ITA 7581/Mum/2012 and in subsequent years. 20. The Ld.DR

ASST CIT CIR 2(2)(1), MUMBAI vs. MAHINDRA & MAHINDRA LTD, MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri M. Balaganesh () & Smt. Kavitha Rajagopal () Mahindra & Mahindra Limited Vs Asst.Commissioner Of Income-Tax, Corporation Taxation, P.K. Kurne Circle-2(2)(1), Mumbai Chowk, Worli, Mumbai-400 018 Aayakar Bhavan, M.K. Road Pan : Aaacm3025E Mumbai-400 020 Appellant Respondent Asst.Commissioner Of Income-Tax, Vs 020Mahindra & Mahindra Limited Circle-2(2)(1), Mumbai Corporation Taxation, P.K. Kurne Aayakar Bhavan, M.K. Road Chowk, Worli, Mumbai-400 018 Mumbai-400 Pan : Aaacm3025E Appellant Respondent

section 40A(9) of the Act. 19. The Ld.AR submitted that the assessee’s claim for deduction of similar actual expenditure was allowed by the co-ordinate bench for A.Y. 1996-97 in ITA No.3659/Mum/2012 which has been followed in A.Y. 2000-01 in ITA No.3998/Mum/2010 and A.Y. 2001-02 in ITA 7581/Mum/2012 and in subsequent years. 20. The Ld.DR

DAMANI SHIPPING PVT LTD.,MUMBAI vs. ACIT CIR-2(1)(1), MUMBAI

In the result, appeal by the assessee is dismissed

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

211 u/s 14A. Damani Shipping Pvt. Ltd. ITA no.3634/Mum./2023 2) The Learned Commissioner of Income Tax (Appeals) National Faceless centre failed to appreciate that The leaned DCIT has mechanically applied the provisions of section 14 A and that Rule of 8D and has ignored directions given by ITAT. The dividend income on shares earned by the Company is only