CANARA BANK (E-SYNDICATE) BANDRA WEST II BRANCH, MUMBAI,MUMBAI vs. INCOME TAX OFFICER, TDS , MUMBAI

In the result, both the appeal under consideration are allowed

Bench: Shri Narender Kumar Choudhry & Ms. Renu Jauhri

Housing and Area Development Authority (MHADA) and Mumbai Metropolitan Region Development Authority (MMRDA) have fixed deposits with the bank, however, while crediting payment of interest on such deposits, no TDS was deducted by the Bank, during the financial year under consideration. Canara Bank (e-Syndicate Bank) 7. The assessee during the spot verification submitted that as per the provisions

CANARA BANK (E-SYNDICATE) BANDRA WEST II BRANCH,MUMBAI vs. INCOME TAX OFFICER, TDS , MUMBAI

In the result, both the appeal under consideration are allowed

Bench: Shri Narender Kumar Choudhry & Ms. Renu Jauhri

Housing and Area Development Authority (MHADA) and Mumbai Metropolitan Region Development Authority (MMRDA) have fixed deposits with the bank, however, while crediting payment of interest on such deposits, no TDS was deducted by the Bank, during the financial year under consideration. Canara Bank (e-Syndicate Bank) 7. The assessee during the spot verification submitted that as per the provisions

DCIT(OSD)(TDS)-2(3), MUMBAI, MUMBAI vs. WOCKHARDT LTD., MUMBAI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

194A and interest charged for not deposited the same into the government treasury u/s 201(1A): Payment made TDS amount Interest u/s Total u/s 201(1) 201(1A) (TDS+interest) Discount paid to 24,19,72,722 21,86,09,960 46,05,82,682 stockiest Payment of 4,12,827 3,71,340 7,84,167 bonus Interest

REKHA MAHESHWARI ,DELHI vs. INCOME TAX OFFICER , DELHI

In the result, appeal of the assessee is allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)

house property’ from rent of Rs.26,00,000/- received from tenant SVIL Mines Ltd in respect of property situated at D-10, Ring Road, Rajouri 3 Mrs. Rekha Maheshwari Garden, New Delhi. The assessee had claimed credit of TDS of Rs.2,60,000/- @ 10% which was deducted on rent u/s.194I of the Act by the tenant having TAN DELS25756D. Since

JANAK VITHALDAS VYAS,MUMBAI vs. ASSESSING OFFICER WARD 20(2)(1), MUMBAI, MUMBAI

In the result, the appeal of the assessee is allowed for statistical purpose

Bench: Shri Pawan Singh(Physical Hearing)

house property income. Ground No. 2: Interest u/s 234A 1. In accordance with grounds no. 1, the Appellant requests that interest levied u/s 234A should be NIL as the appellant would not liable to pay tax once the income for sub-letting is treated as business income taxable under presumptive taxation under section 44AD.” 2. The brief facts

SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

Properties Private Limited (hereinafter for brevity sake referred to as JDPPL). These Memorandum of Agreed Terms were subsequently registered vide a Deed of Confirmation executed by the assessee, in November 2007, on behalf of Rewa. In addition, the assessee also executed, in October 2013, on behalf of Rewa, 4 Deeds of Apartment. In 2018, Rewa filed a suit in Bombay

ACIT 421 MUMBAI, MUMBAI CITY vs. SAMIR NARAIN BHOJWANI, MUMBAI

Appeal of the assessee is allowed for statistical purposes and the\nappeal of the revenue is dismissed

Properties Private Limited\n(hereinafter for brevity sake referred to as JDPPL). These Memorandum of\nAgreed Terms were subsequently registered vide a Deed of Confirmation\nexecuted by the assessee, in November 2007, on behalf of Rewa. In addition, the\nassessee also executed, in October 2013, on behalf of Rewa, 4 Deeds of\nApartment.\nIn 2018, Rewa filed a suit

ACC LTD ( FORMERLY KNOWN AS THE ASSOCIATED CEMENT COMPANIES LTD),MUMBAI vs. ADDL CIT RG 1(1), MUMBAI

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit -Range 1(1) (Formerly Known As The Associated Cement Mumbai Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) M/S. Acc Limited V. Asst. Cit-Ltu (Formerly Known As The Associated Mumbai Cement Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Acit – Ltu V. M/S. Acc Limited 28Th Floor, Centre-1 (Formerly Known As The Associated Cement Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai - 400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

194A(3)(iii) of the Act. The only dispute is with regard to the residential status of lender of external commercial borrowings to the assessee and interest payment on such external commercial borrowings. The assessee claims that it has borrowed external commercial borrowings from Singapore branch and which is a main lender of the loan. Therefore, any interest payment

ACC LIMITED (FORMERLY KNOWN AS THE ASSOCIATED CEMENT COMPANIES LTD.),MUMBAI vs. ACIT - LTU, MUMBAI

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit -Range 1(1) (Formerly Known As The Associated Cement Mumbai Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) M/S. Acc Limited V. Asst. Cit-Ltu (Formerly Known As The Associated Mumbai Cement Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Acit – Ltu V. M/S. Acc Limited 28Th Floor, Centre-1 (Formerly Known As The Associated Cement Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai - 400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

194A(3)(iii) of the Act. The only dispute is with regard to the residential status of lender of external commercial borrowings to the assessee and interest payment on such external commercial borrowings. The assessee claims that it has borrowed external commercial borrowings from Singapore branch and which is a main lender of the loan. Therefore, any interest payment

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

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit -Range 1(1) (Formerly Known As The Associated Cement Mumbai Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) M/S. Acc Limited V. Asst. Cit-Ltu (Formerly Known As The Associated Mumbai Cement Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Acit – Ltu V. M/S. Acc Limited 28Th Floor, Centre-1 (Formerly Known As The Associated Cement Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai - 400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

194A(3)(iii) of the Act. The only dispute is with regard to the residential status of lender of external commercial borrowings to the assessee and interest payment on such external commercial borrowings. The assessee claims that it has borrowed external commercial borrowings from Singapore branch and which is a main lender of the loan. Therefore, any interest payment

MAKER TOWER F PREMISES CO-OP SOC. LTD.,MUMBAI vs. ASSISTANT DIRECTOR OF INCOME TAX - CPC, BENGALURU

In the result, the appeal by the assessee is allowed

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

House Building Societies Ltd Vs. ITO, [1982] 2 ITD 617 (Chd.), after considering the meaning of the word “investment” held that the section 80P(2)(d) of the Act also covers interest income from saving accounts. The relevant findings of the Co-ordinate Bench, in the aforesaid decision, are reproduced as follows: - “4. We have heard the parties

ANIL BHAGWAN ADVANI,MUMBAI vs. ITO (IT) 1(1), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Gagan Goyal

House, Ballard Estate, Mumbai-400038. ..... Appellant Vs. Anil Bhagwan Advani, 6/64 Shyam Niwas, Warden Road, Mumbai-400026 PAN: ADPPA6266J ...... Respondent Appellant/Assessee by : Sh. Tapas Misra Respondent/Revenue by : Smt. Shailja Rai, CIT-DR Date of hearing : 31/05/2022 Date of pronouncement : 28/07/2022 PER GAGAN GOYAL, A.M: These three appeals by the assessee and Revenue are directed against the order of Commissioner

ACC LTD,MUMBAI vs. ASST CIT LTU, MUMBAI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

194A(3)(iii) of the Act. The only dispute is with regard to the residential status of lender of external commercial borrowings to the assessee and interest payment on such external commercial borrowings. The assessee claims that it has borrowed external commercial borrowings from 24 ITA NO.4669& 4556/MUM/2012 (A.Y: 2007-08) M/s. ACC Limited Singapore branch and which

ADDL.C.I.T. LTU, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

194A(3)(iii) of the Act. The only dispute is with regard to the residential status of lender of external commercial borrowings to the assessee and interest payment on such external commercial borrowings. The assessee claims that it has borrowed external commercial borrowings from 24 ITA NO.4669& 4556/MUM/2012 (A.Y: 2007-08) M/s. ACC Limited Singapore branch and which

ACC LTD ( FORMERLY KNOWN AS THE ASSOCIATES CEMENT COMPANIES LTD),MUMBAI vs. ADDL CIT LTU, MUMBAI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

194A(3)(iii) of the Act. The only dispute is with regard to the residential status of lender of external commercial borrowings to the assessee and interest payment on such external commercial borrowings. The assessee claims that it has borrowed external commercial borrowings from 24 ITA NO.4669& 4556/MUM/2012 (A.Y: 2007-08) M/s. ACC Limited Singapore branch and which

OM SHRI YASHODHAN CO-OP HSG., SOC.,MUMBAI vs. ITO WARD 41(4)(3), MUMBAI

In the result, the appeal filed by the assessee is allowed

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Om Shri Yashodhan Co-Op Hsg Soc Ito-Ward-41(4)(3) Road No 5 Ay Prakash Nagar Mumbai Vs. Goregaon (E) Mumbai-400 063

property for and on behalf of its member and registered under Co-operative Societies Act 1960. The 2 Om Shri Yashodhan Co-op Hsg Soc vs. ITO assessee filed its return of income dated 08.02.2021 declaring total income at Rs.74,140/- and the same was processed u/s. 143(1) o the Act. The ld Assessing Officer ('A.O.' for short)/Central

RAJENDRA BHALCHANDRA MOKASHI,MUMBAI vs. INCOME TAX OFFICER WARD 27(3)(1), MUMBAI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2013-14

194A TDS-Return-Other Interest 15 29,11,232/- TOTAL 33,01,232/- 3.1. Case of assessee was thus taken up for reopening u/s. 147 r.w.s. 148. Notice u/s.148 was thus issued on 27.03.2021. Assessee filed his return of income in response to notice u/s.148 on 28.01.2022 reporting total income at Rs.11,72,210/-. In the said return, assessee included

ACC LTD ( FORMELRY KNOWN AS THE ASSOCIATED CEMENT COMPANIES LTD),MUMBAI vs. ADDLL CIT ,(LTU), MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit -Ltu (Formerly Known As The Associated Cement 29Th Floor, Center-1 Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai-400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Dy. Cit - Ltu-1 V. M/S. Acc Limited 29Th Floor, Center-1 (Formerly Known As The Associated Cement Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai-400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

194A(3)(iii) of the Act. The only dispute is with regard to the residential status of lender of external commercial borrowings to the assessee and interest payment on such external commercial borrowings. The assessee claims that it has borrowed external commercial borrowings from Singapore branch and which is a main lender of the loan. Therefore, any interest payment