VAIJANTHI MAHAVIR OZA,MUMBAI vs. INCOME TAX OFFICER(IT)-3(3)(1), MUMBAI

In the result, appeal of the assessee in ITA no

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.5799/Mum/2017 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Vaijanthi Mahavir Oza, Income Tax Officer- C/O. Chhajed & Doshi, (International Taxation)- 101, Hubtown Solaris, 3(3)(1) V. N.S Phadke Marg, Room No. 1628, Near East West Flyover, 16Th Floor Andheri (E), Air India Building Mumbai- 400069 Mumbai स्थायी ऱेखा सं./ Pan: Abepo5631J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Piyush Chhajjed Revenue By: Miss. Deepika Arora (Dr) सुनवाई की तारीख /Date Of Hearing : 09.01.2019 घोषणा की तारीख /Date Of Pronouncement : 03.04.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 5799/Mum/2017, Is Directed Against Appellate Order Dated 23.06.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-57, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 23.12.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2014-15. I.T.A. No.5799/Mum/2017

1 16 (under the head 'deductions from salaries salaries 2 Income from 22 24 (under the head 'Deductions from house property income from house property ) 3 Profits and gains 28 29 (under the head 'Income from profits of business or and gains of business or profession, how profession computed'). Section

SUMAN GUPTA,MUMBAI vs. DCIT - CC- 4(2), MUMBAI

In the result, appeal of the assessee for assessment year 2015

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 3860 & 3859/Mum/2018 Assessment Years: 2014-15 & 2015-16 Smt. Suman Gupta, Dy. Cit Cc-4(2), 6Th New Harileela House, Air India Building, 19Th Mint Road, Fort, Vs. Floor, Room No. 1918, Mumbai-400 001. Nariman Point, Mumbai-21. Pan No. Ahqpg 0220 P Appellant Respondent Assessee By : Mr. Bhupendra Karkhanis & Mr. Aakash Marthak & Mr. Vijay Bhatt, Ars Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 02/03/2023 : Date Of Pronouncement 27/04/2023 Order

section (1) as if such house or houses had been let. Smt. Suman Gupta ITA Nos. 3860 & 3859/M/2018 (5) Where the property

ASST CIT CC 8(4), MUMBAI vs. PHOENIX MILLS LTD, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

ASST CIT CC 8(4), MUMBAI vs. PHOENIX MILLS LTD, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

THE PHOENIX MILLS LTD,MUMBAI vs. DCIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

1, on the facts and in the circumstances of the case and in law, the learned A.O. is not justified in assuming jurisdiction for reopening the assessment u/s 147 of the Act on the issue of "allocation of expenses" towards the house property income, when the said issue is already a subject matter of an appeal at the time

ARIHANT DEVELOPERS ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KALYAN

In the result, all the above appeals of the assessee are\ndismissed

house properties, both these situations\nare totally distinct.\n22. In so far as the decision of the Supreme Court in East India\nHousing (supra) is concerned, in the said case, the Supreme Court was\nconcerned with the appellant / assessee whose main business was “to\nbuy and develop landed properties and to promote and develop\nmarkets", for which it had purchased

INCOME TAX OFFICER-25(3)(5), MUMBAI vs. NILIMA ABHIJIT TANNU, MUMBAI

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri G. Manjunatha, Am

property used for residence should be deposited before the date of furnishing the return of the Income-tax under Section 139 of the Income-tax Act. Section 139 of the Income-tax Act, 1961, cannot be meant only Section 139(1) but it means all sub-sections of Section 139 of the Income- tax Act, 1961. Provisions of section

ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KALYAN

In the result, all the above appeals of the assessee are\ndismissed

section 24(a) of the Act. The contention of the AO that the\nassessee is carrying out an organized activity of development and\nconstruction of godowns which are held as stock-in-trade and thus, the\nrental income generated in the course of the business has to be taxed as\nbusiness income and not as income from house property

ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KALYAN

In the result, all the above appeals of the assessee are\ndismissed

section 24(a) of the Act. The contention of the AO that the\nassessee is carrying out an organized activity of development and\nconstruction of godowns which are held as stock-in-trade and thus, the\nrental income generated in the course of the business has to be taxed as\nbusiness income and not as income from house property

ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1 , KALYAN

In the result, all the above appeals of the assessee are\ndismissed

section 24(a) of the Act. The contention of the AO that the\nassessee is carrying out an organized activity of development and\nconstruction of godowns which are held as stock-in-trade and thus, the\nrental income generated in the course of the business has to be taxed as\nbusiness income and not as income from house property

SIR RATAN TATA TRUST,MUMBAI SUBURBAN vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION)-2(1), MUMBAI

In the result, both the appeals of the assessee in both AY 2014-15 and AY

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

House, 24, National Faceless Assessment Homi Mody Street, Fort, Centre-2(1), Vs. Mumbai-400001 MTNL Tele Building, PAN : AAATS1013P Cumballa Hills, Peddar Road, Mumbai-400026. Appellant) : Respondent) Appellant/Assessee by : Shri P. J. Pardiwala a/w Shri Sukhsagar Syal, AR Revenue/Respondent by : Shri Sanyogita Nagpal, CIT-DR Date of Hearing : 22.07.2024 Date of Pronouncement 26.08.2024 : Per Padmavathy S, AM: 1. These

SIR RATAN TATA TRUST,MUMBAI SUBURBAN vs. ADDITIONAL /JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, NFAC, MUMBAI

In the result, both the appeals of the assessee in both AY 2014-15 and AY

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

House, 24, National Faceless Assessment Homi Mody Street, Fort, Centre-2(1), Vs. Mumbai-400001 MTNL Tele Building, PAN : AAATS1013P Cumballa Hills, Peddar Road, Mumbai-400026. Appellant) : Respondent) Appellant/Assessee by : Shri P. J. Pardiwala a/w Shri Sukhsagar Syal, AR Revenue/Respondent by : Shri Sanyogita Nagpal, CIT-DR Date of Hearing : 22.07.2024 Date of Pronouncement 26.08.2024 : Per Padmavathy S, AM: 1. These