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

8. Thus, he submitted, exercise of power under section 153A of the Act to make disallowance under section 80IA of the Act is wholly

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, the position which emerges is that, where the assessee has not earned which emerges is that, where the assessee has not earned which emerges is that, where the assessee has not earned any exempt income, there cannot be “disallowance disallowance” of any exempt income, there cannot be expenditure, as it would result in imposing

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

disallowing the interest on borrowing under Section 36(1)(ii) of the Act without appreciating the fact that the investments were made during the current/past years out of its own funds/ internal accruals. 6 Re-computation of book profits under Section 115JB of the Act INR 15,34,55,236 [Page 4 to 8

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 ()

8. Disallowance u/s.14A 8.1. During the year, the assessee has claimed dividend income of 8.1. During the year, the assessee has claimed dividend income of 8.1. During the year, the assessee has claimed dividend income of *33,64,56,517/ *33,64,56,517/-. The assessee has suo-moto disallowed an amount moto disallowed an amount

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

8. The assessee submitted that the expenses attributable to exempt income have already been disallowed by the assessee. Without prejudice the assessee submitted a computation of disallowance under section

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

8. The assessee submitted that the expenses attributable to exempt income have already been disallowed by the assessee. Without prejudice the assessee submitted a computation of 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

8. The assessee submitted that the expenses attributable to exempt income have already been disallowed by the assessee. Without prejudice the assessee submitted a computation of disallowance under section

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 ()

8. Ground Nos. 7 to 11 raised by the assessee assail the disallowance Ground Nos. 7 to 11 raised by the assessee assail the disallowance Ground Nos. 7 to 11 raised by the assessee assail the disallowance made under Section

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 ()

8. Ground Nos. 7 to 11 raised by the assessee assail the disallowance Ground Nos. 7 to 11 raised by the assessee assail the disallowance Ground Nos. 7 to 11 raised by the assessee assail the disallowance made under Section

APL LOGISTICS (INDIA) P.LTD,MUMBAI vs. ASST CIT 10(1), MUMBAI

In the result, appeal of the assessee is partly allowed

section 36(1)(iii) of the Act. The same was disallowed by the authorities below for the following reasons: (i) The investments in shares of subsidiary is not for profit or return. The only benefit assessee would derive is dividend income. Hence, expenditures is capital in nature; (ii) The assessee has made investment in shares of subsidiary engaged in rail

APL LOGISTICS (INDIA) P. LTD,MUMBAI vs. ACIT 10(1), MUMBAI

In the result, appeal of the assessee is partly allowed

section 36(1)(iii) of the Act. The same was disallowed by the authorities below for the following reasons: (i) The investments in shares of subsidiary is not for profit or return. The only benefit assessee would derive is dividend income. Hence, expenditures is capital in nature; (ii) The assessee has made investment in shares of subsidiary engaged in rail

DCIT 10(1), MUMBAI vs. APL LOGISTICS (INDIA ) P.LTD, MUMBAI

In the result, appeal of the assessee is partly allowed

section 36(1)(iii) of the Act. The same was disallowed by the authorities below for the following reasons: (i) The investments in shares of subsidiary is not for profit or return. The only benefit assessee would derive is dividend income. Hence, expenditures is capital in nature; (ii) The assessee has made investment in shares of subsidiary engaged in rail

DCIT 10(1), MUMBAI vs. APL LOGISTICS (INDIA) P. LTD, MUMBAI

In the result, appeal of the assessee is partly allowed

section 36(1)(iii) of the Act. The same was disallowed by the authorities below for the following reasons: (i) The investments in shares of subsidiary is not for profit or return. The only benefit assessee would derive is dividend income. Hence, expenditures is capital in nature; (ii) The assessee has made investment in shares of subsidiary engaged in rail

APL LOGISTICS (INDIA) P. LTD,MUMBAI vs. ASST CIT 10(1), MUMBAI

In the result, appeal of the assessee is partly allowed

section 36(1)(iii) of the Act. The same was disallowed by the authorities below for the following reasons: (i) The investments in shares of subsidiary is not for profit or return. The only benefit assessee would derive is dividend income. Hence, expenditures is capital in nature; (ii) The assessee has made investment in shares of subsidiary engaged in rail

APL LOGISTICS P.LTD,MUMBAI vs. DCIT 14(1)(1), MUMBAI

In the result, appeal of the assessee is partly allowed

section 36(1)(iii) of the Act. The same was disallowed by the authorities below for the following reasons: (i) The investments in shares of subsidiary is not for profit or return. The only benefit assessee would derive is dividend income. Hence, expenditures is capital in nature; (ii) The assessee has made investment in shares of subsidiary engaged in rail

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)

section 14 A read with rule 8D of ₹ 352,517,338/–. Out of this disallowances the offer disallowance of the assessee in the computation of total income of ₹ 8

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)

section 14 A read with rule 8D of ₹ 352,517,338/–. Out of this disallowances the offer disallowance of the assessee in the computation of total income of ₹ 8

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)

section 14 A read with rule 8D of ₹ 352,517,338/–. Out of this disallowances the offer disallowance of the assessee in the computation of total income of ₹ 8

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)

section 14 A read with rule 8D of ₹ 352,517,338/–. Out of this disallowances the offer disallowance of the assessee in the computation of total income of ₹ 8