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

disallowance on account of section 14 A ₹ 153,455,236/– and accordingly the net book profit was computed at ₹ 1,622,908,042/–. 7. Accordingly, the draft assessment order under section 144C of the income tax act was passed on 28/12/2019 wherein the income of the assessee was computed as per the normal computation at ₹ 980,205,253

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. DCIT 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)

disallowed notional expenditure aggregating to Rs.8.57 crores under clause 2(iii) of Rule 8D, which is completely erroneous and unwarranted. Reliance in this regard is placed on the following decisions: a) Adani Agro (P.) Ltd. - 253 Taxman 507 (Guj) This issue is covered in favour of the Appellant by the Hon‟ble Income Tax Appellate Tribunal, Mumbai, in the Appellant

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)

disallowed notional expenditure aggregating to Rs.8.57 crores under clause 2(iii) of Rule 8D, which is completely erroneous and unwarranted. Reliance in this regard is placed on the following decisions: a) Adani Agro (P.) Ltd. - 253 Taxman 507 (Guj) This issue is covered in favour of the Appellant by the Hon‟ble Income Tax Appellate Tribunal, Mumbai, in the Appellant

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)

disallowed notional expenditure aggregating to Rs.8.57 crores under clause 2(iii) of Rule 8D, which is completely erroneous and unwarranted. Reliance in this regard is placed on the following decisions: a) Adani Agro (P.) Ltd. - 253 Taxman 507 (Guj) This issue is covered in favour of the Appellant by the Hon‟ble Income Tax Appellate Tribunal, Mumbai, in the Appellant

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)

disallowed notional expenditure aggregating to Rs.8.57 crores under clause 2(iii) of Rule 8D, which is completely erroneous and unwarranted. Reliance in this regard is placed on the following decisions: a) Adani Agro (P.) Ltd. - 253 Taxman 507 (Guj) This issue is covered in favour of the Appellant by the Hon‟ble Income Tax Appellate Tribunal, Mumbai, in the Appellant

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

disallowance under section 14 A of the income tax act of ₹ 54,199,690/– . The brief of the fact shows that during the year the assessee has earned exempt income of ₹ ITA Nos. 2266 & 2239/Mum/2022 Macrotech Developers Ltd; A.Ys. 17-18 & 18-19 8,303,761/–. Assessee disallowed the same sum under section 14 A of the act. The learned

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

disallowance under section 14 A of the income tax act of ₹ 54,199,690/– . The brief of the fact shows that during the year the assessee has earned exempt income of ₹ ITA Nos. 2266 & 2239/Mum/2022 Macrotech Developers Ltd; A.Ys. 17-18 & 18-19 8,303,761/–. Assessee disallowed the same sum under section 14 A of the act. The learned

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

Bench: us. 2.

253 to 257/Mum/2021), the aforesaid order, dated 15/02/2021, was recalled as the Assessee had failed to make payment of tax amount. In the above background the appeals came up for hearing before us. Assessment Year 2014-15 2. We would first take up three appeals pertaining to the Assessment Year 2014-15. 2.1. ITA No. 3195/Mum/2019 preferred by the Assessee

DCIT-1(1)(2), MUMBAI vs. M/S HINDUSTAN PETROLEUM CORPORATION LTD., MUMBAI

253 to\n257/Mum/2021), the aforesaid order, dated 15/02/2021, was\nrecalled as the Assessee had failed to make payment of tax amount.\nIn the above background the appeals came up for hearing before\nus.\n2.\n Assessment Year 2014-15\n2.1. We would first take up three appeals pertaining to the Assessment\nYear 2014-15.\nITA No. 3195/Mum/2019 preferred

GREAVES COTTON LTD,MUMBAI vs. ASST CIT CIR 6(3), MUMBAI

In the result this ground of appeal

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhgreaves Cotton Ltd. Acit Circle-6(3), Industry Manor, Appasaheb Aayakar Bhavan, M.K. Road, Vs. Marathe Marg, Prabhadevi, Mumbai-400020. Mumbai-400025. Pan: Aaacg2062M Appellant Respondent Greaves Cotton Ltd. Acit Circle-6(3), Industry Manor, Appasaheb Aayakar Bhavan, M.K. Road, Vs. Marathe Marg, Prabhadevi, Mumbai-400020. Mumbai-400025. Pan: Aaacg2062M Appellant Respondent Appellant By : Smt. Arati Vissanji (Advocate) Respondent By : Shri Abbi Rama Karthikey (Dr) Date Of Hearing : 04.06.2019 Date Of Pronouncement : 07.06.2019 Order Under Section 254(1)Of Income Tax Act

253 of the Income-tax Act (‘the Act’) are directed against the assessment order passed under section 143(3) r.w.s. 144C passed in pursuance of direction of ld. Dispute Resolution Panel- 1 (ld. DRP), Mumbai for Assessment Year 2006-07 & 2007-08. In both the appeals, the assessee has raised certain identical grounds of appeal, therefore, both the appeals were

VODAFONE INDIA LTD,MUMBAI vs. ASST CIT 8(3)(2), MUMBAI

disallowance of discount extended on pre-paid cards/recharge vouchers u/s 40(a)(ia) for non-deduction of tax at source. It was brought to our notice that an identical issue was examined by the co-ordinate bench in ITA No.3425/Mum/2014 relating to AY 2009- 10 in the case of M/s Vodafone Idea Ltd (As successor to Spice Communications

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)

disallowance under section 14 A was made of ₹ 253,185,050/–. Identical addition was also made to the book profit

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)

disallowance under section 14 A was made of ₹ 253,185,050/–. Identical addition was also made to the book profit

VODAFONE INDIA LTD,MUMBAI vs. DCIT 8(3)(2), MUMBAI

Appeal are allowed for statistical purposes

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of discount extended on pre-paid cards/recharge vouchers u/s 40(a)(ia) for non-deduction of tax at source. It was brought to our notice that an identical issue was examined by the co-ordinate bench in ITA No.3425/Mum/2014 relating to AY 2009-10 in the case of M/s Vodafone Idea Ltd (As successor to Spice Communications

ADVANCE CONSTRUCTION CO. P.LTD,MUMBAI vs. DCIT 8(1), MUMBAI

In the result, Ground No.2 is allowed for statistical purpose

Bench: Shri B.R. Baskaran & Shri Pawan Singhm/S Advance Construction Co. P. Dcit-8(1) Ltd. “Kavita” Plot No. 37, 2Nd Aayakar Bhavan, Churchgate, Floor, Vithal Nagar Co-Op. Vs. Mumbai-20. Housing Soc. 11Th Road, Jvpd Scheme, Mumbai -400049. Pan: Aabca0710B Appellant Respondent M/S Advance Construction Co. P. Dcit-8(1) Ltd. “Kavita” Plot No. 37, 2Nd Aayakar Bhavan, Churchgate, Floor, Vithal Nagar Co-Op. Vs. Mumbai-20. Housing Soc. 11Th Road, Jvpd Scheme, Mumbai -400049. Pan: Aabca0710B Appellant Respondent Appellant By : Shri Nirmit Mehta (Ar) Respondent By : Shri Virender Singh (Sr-Dr) Date Of Hearing : 09.05.2018 Date Of Pronouncement : 09.05.2018 Order Under Section 254(1) Of Income–Tax Act Per Pawan Singh; 1. These Two Appeals By Assessee Under Section 253 Of The Income-Tax Act

253 of the Income-tax Act (the Act) are directed against the separate orders of ld. Commissioner of Income-Tax-16 [ld. CIT], Mumbai for Assessment Year 2006-07 dated 12.12.2011 & Assessment Year 2011-12 dated 21.04.2014 respectively. In ITA No. 999/Mum/2012, the assessee has challenged the penalty levied under section 271(1)(c) of the Act. The assessee

STCI FINANCE LTD,MUMBAI vs. DCIT RG (OSD) 1(2), MUMBAI

In the result, appeal filed by the assessee is allowed and appeal of the Revenue is

Bench: Shri G.S. Pannu & Shri Pawan Singhstci Finance Limited The Dcit (Osd) -1(2), A/B 1-802, A Wing, 8Th Floor, Aayakar Bhavan, Churchgate, Marathon Innova, Marathon Mumbai-400020. Nextgen Compound, Off Vs. Ganpatrao Kadam Marg, Lower Parel (W), Mumbai-400013 Pan: Aagcs9709K (Appellant) (Respondent) The Dcit (Osd) -1(2), Stci Finance Limited A/B 1-802, A Wing, 8Th Floor, Aayakar Bhavan, Churchgate, Mumbai-400020. Marathon Innova, Marathon Vs. Nextgen Compound, Off Ganpatrao Kadam Marg, Lower Parel (W), Mumbai-400013 Pan: Aagcs9709K (Appellant) (Respondent) Assessee By Shri Karthik Natrajan & : Ms. Hetal Vora, (Ar) Revenue By : Shri V. Justin (Sr. Dr) Date Of Hearing : 22.08.2017 Date Of Pronouncement : 29.09.2017 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. These Two Appeal U/S 253 Of The Income-Tax Act (The Act) Are Directed Against The Order Of Ld. Cit(A)-2, Mumbai Dated 14.06.2014 For The Assessment Year (Ay)

253 of the Income-tax Act (the Act) are directed against the order of ld. CIT(A)-2, Mumbai dated 14.06.2014 for the Assessment Year (AY) ITA No.6321 & 6125/M/2014- STCI Finance Limited 2010-11. The assessee in ITA No. 6321/Mum/2014 has raised the following grounds of appeal. “Being aggrieved by the order passed by the Commissioner of Income tax (Appeals

ASST CIT 1(3), MUMBAI vs. STCI LTD, MUMBAI

In the result, appeal filed by the assessee is allowed and appeal of the Revenue is

Bench: Shri G.S. Pannu & Shri Pawan Singhstci Finance Limited The Dcit (Osd) -1(2), A/B 1-802, A Wing, 8Th Floor, Aayakar Bhavan, Churchgate, Marathon Innova, Marathon Mumbai-400020. Nextgen Compound, Off Vs. Ganpatrao Kadam Marg, Lower Parel (W), Mumbai-400013 Pan: Aagcs9709K (Appellant) (Respondent) The Dcit (Osd) -1(2), Stci Finance Limited A/B 1-802, A Wing, 8Th Floor, Aayakar Bhavan, Churchgate, Mumbai-400020. Marathon Innova, Marathon Vs. Nextgen Compound, Off Ganpatrao Kadam Marg, Lower Parel (W), Mumbai-400013 Pan: Aagcs9709K (Appellant) (Respondent) Assessee By Shri Karthik Natrajan & : Ms. Hetal Vora, (Ar) Revenue By : Shri V. Justin (Sr. Dr) Date Of Hearing : 22.08.2017 Date Of Pronouncement : 29.09.2017 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. These Two Appeal U/S 253 Of The Income-Tax Act (The Act) Are Directed Against The Order Of Ld. Cit(A)-2, Mumbai Dated 14.06.2014 For The Assessment Year (Ay)

253 of the Income-tax Act (the Act) are directed against the order of ld. CIT(A)-2, Mumbai dated 14.06.2014 for the Assessment Year (AY) ITA No.6321 & 6125/M/2014- STCI Finance Limited 2010-11. The assessee in ITA No. 6321/Mum/2014 has raised the following grounds of appeal. “Being aggrieved by the order passed by the Commissioner of Income tax (Appeals

NERKA CHEMICALS P. LTD,GUJRAT vs. ASST CIT CEN CIR 38, MUMBAI

In the result this ground of appeal is allowed for statistical purpose

Bench: Shri R.C. Sharma, Accountant Mamber & Shri Pawan Singh

section 253 of Income tax Act are directed against the separate orders of Commissioner (Appeals)- 54, Mumbai for assessment year 2009-10, 2010-11 and 2011-12. The assessee has raised one common ground of appeal in all assessment years, on disallowance