ICICI BANK LTD. vs. DCIT RANGE 3(1),

In the result, assessee’s appeals as well as Revenue’s appeals, all are allowed partly for statistical purposes as indicated above

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Icici Bank Ltd, (Erstwhile Icici Ltd.), Vs. D.C.I.T, Range 3 (1), Icici Bank Towers, Bandra Kurla Aayakar Bhavan, Mumbai-20 Complex, Bandra (East), Mumbai -51 Pan: Aaact 1398K Appellant .. Respondent D.C.I.T, Range 3 (1), Vs. Icici Bank Ltd, (Erstwhile Icici Aayakar Bhavan, Mumbai-20 Ltd.), Icici Bank Towers, Bandra Kurla Complex, Bandra (East), Mumbai -51. Pan: Aaact 1398K Appellant .. Respondent

disallowed the VRS expenses be deferred and amortized expenses over a period of time. The assessee claimed that these expenses are allowable in view of Hon’ble Bombay High Court decision in the case of CIT vs. Page 17 of 34 ITA No.4657&4826/Mum/2004 Bhor Industries Ltd. (2003) 264 ITR 0180 (Bom). The CIT(A) after going through the decision

DCIT RG. 3(1), MUMBAI vs. M/S. I.C.I.C.I. LTD., MUMBAI

In the result, assessee’s appeals as well as Revenue’s appeals, all are allowed partly for statistical purposes as indicated above

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Icici Bank Ltd, (Erstwhile Icici Ltd.), Vs. D.C.I.T, Range 3 (1), Icici Bank Towers, Bandra Kurla Aayakar Bhavan, Mumbai-20 Complex, Bandra (East), Mumbai -51 Pan: Aaact 1398K Appellant .. Respondent D.C.I.T, Range 3 (1), Vs. Icici Bank Ltd, (Erstwhile Icici Aayakar Bhavan, Mumbai-20 Ltd.), Icici Bank Towers, Bandra Kurla Complex, Bandra (East), Mumbai -51. Pan: Aaact 1398K Appellant .. Respondent

disallowed the VRS expenses be deferred and amortized expenses over a period of time. The assessee claimed that these expenses are allowable in view of Hon’ble Bombay High Court decision in the case of CIT vs. Page 17 of 34 ITA No.4657&4826/Mum/2004 Bhor Industries Ltd. (2003) 264 ITR 0180 (Bom). The CIT(A) after going through the decision

HDFC BANK LIMITED (AS SUCCESSOR TO HDFC LTD),MUMBAI vs. DCIT 2(3)(1), MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

4A). where a deduction has been allowed in respect of any special reserve created and maintained under clause (viii) of sub-section (1) of Section 36, any amount subsequently withdrawn from such special reserve shall be deemed to be the profits and gains of business of profession and accordingly be chargeable to income-tax as the income of the previous

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

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

disallowable item and added back to its profit before tax for computing total income in the earlier years. In the year under consideration, balance in the lease equalisation account is a credit balance at the year end. For this credit balance, assessee reduced the same from the profits while computing total income for the year. However, ld. Assessing Officer denied

ACIT-2(3)(1), MUMBAI vs. HDFC BANK LTD ( MERGED ENTITY HDFC INVESTMENTS LIMITED ), MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

4A). where a deduction has been allowed in respect of any special reserve created and maintained under clause (viii) of sub-section (1) of Section 36, any amount subsequently withdrawn from such special reserve shall be deemed to be the profits and gains of business of profession and accordingly be chargeable HDFC Bank Ltd. to income-tax as the income

ACIT-1(1)(1), MUMBAI vs. M/S HOUSING DEVELOPMENT FINANCE CORPORATION LTD, MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

section 36(1)(viii) w.e.f. 01.04.1998 whereby assessee alongwith creation of reserve was also required to maintain the said reserve. A corresponding amendment was also brought to section 41(4A) which reads as under: “41(4A). where a deduction has been allowed in respect of any special reserve created and maintained under clause (viii) of sub-section (1) of Section

HDFC BANK LIMITED (AS SUCCESSOR TO HOUSING DEVELOPMENT FINANCE CORPORATION LTD.),MUMBAI vs. DCIT, RANGE-1(1)(2), MUMBAI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

4A). where a deduction has been allowed in respect of any special reserve created and maintained under clause (viii) of sub-section (1) of Section 36, any amount subsequently withdrawn from such special reserve shall be deemed to be the profits and gains of business of profession and accordingly be chargeable to income-tax as the income of the previous

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

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

disallowable item and added back to its profit before tax for computing total income in the earlier years. In the year under consideration, balance in the lease equalisation account is a credit balance at the year end. For this credit balance, assessee reduced the same from the profits while computing total income for the year. However, ld. Assessing Officer denied

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

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

disallowable item and added back to its profit before tax for computing total income in the earlier years. In the year under consideration, balance in the lease equalisation account is a credit balance at the year end. For this credit balance, assessee reduced the same from the profits while computing total income for the year. However, ld. Assessing Officer denied

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

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

disallowable item and added back to its profit before tax for computing total income in the earlier years. In the year under consideration, balance in the lease equalisation account is a credit balance at the year end. For this credit balance, assessee reduced the same from the profits while computing total income for the year. However, ld. Assessing Officer denied

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

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

disallowable item and added back to its profit before tax for computing total income in the earlier years. In the year under consideration, balance in the lease equalisation account is a credit balance at the year end. For this credit balance, assessee reduced the same from the profits while computing total income for the year. However, ld. Assessing Officer denied

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

disallowable item and added back to its profit before tax for computing total income in the earlier years. In the year under consideration, balance in the lease equalisation account is a credit balance at the year end. For this credit balance, assessee reduced the same from the profits while computing total income for the year. However, ld. Assessing Officer denied

ACIT-1(1)(1), MUMBAI vs. M/S. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., DELHI

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

disallowable item and added back to its profit before tax for computing total income in the earlier years. In the year under consideration, balance in the lease equalisation account is a credit balance at the year end. For this credit balance, assessee reduced the same from the profits while computing total income for the year. However, ld. Assessing Officer denied

WARTSILA INDIA PVT LTD.,NAVI MUMBAI vs. DY CIT 15(3)(1), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy S

section 14A on actual basis which are available at page 86 of the paper book and extracted for ready perusal as under: “The Assessee has on its own estimated and worked out expenditure disallowable u/s.!4A

WARTSILA INDIA PVT LTD,NAVI MUMBAI vs. DY CIT 15 (3)(1), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy S

section 14A on actual basis which are available at page 86 of the paper book and extracted for ready perusal as under: “The Assessee has on its own estimated and worked out expenditure disallowable u/s.!4A

PADMASHREE DR. D.Y.PATIL UNIVERSITY ,MUMBAI vs. ACIT INCOME TAX CC-7(1) , MUMBAI

In the result, all the appeals of the assessee are allowed and all the

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale

disallowed the purchases amount. The details of those transactions are discussed below:- (a) The AO has referred to the search conducted in the hands of Smt Taruna Maheswari, the CFO of another trust named Ajeenkya D Y Patil University, Pune. One diary was recovered from her (which was kept with her sister named Smt Poornima Chechani), where contained the details

ITO 20(2)(3), MUMBAI vs. KARAN R. SHAH, MUMBAI

Bench: Hon’Ble Shri R. C. Sharma, Am & Hon’Ble Sh. Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 3652 & 4290/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2010-11 & 2009-10)

disallowance by the AO. Further from the ratio of above judgment of Honorable Supreme Court as well as of the Honorable Bombay High Court it is also clearly that once an appellant maintains kis own regular books of accounts and no such mention of expenses in Mac-book or bills are-- found in appellant's premises regularly assessed to Income

MAHINDRA & MAHINDRA LTD,MUMBAI vs. ACIT RG 2(2)(2), MUMBAI

In the result, appeal by the assessee is partly allowed for statistical purpose

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

section 37(1) of the Act. It is trite that assessment proceedings before taxing authority are to assess correct tax liability. However, in the present case, the AO as well as learned DRP did not entertain the claim of the assessee in view of decision of Hon‟ble Supreme Court in Goetze (India) Ltd. (supra), without going into the merits