ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

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

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

1,20,299/- is offered to tax and remaining amount of interest is capitalized to the work-in-progress(WIP).Whereas the assessee has filed details vide letter dated 06.02.2015 explaining the reasons, basis of claim and offering of the interest income. But the AO was not satisfied with the explanations and observed that set off of interest on fixed

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

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

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

1,20,299/- is offered to tax and remaining amount of interest is capitalized to the work-in-progress(WIP).Whereas the assessee has filed details vide letter dated 06.02.2015 explaining the reasons, basis of claim and offering of the interest income. But the AO was not satisfied with the explanations and observed that set off of interest on fixed

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI SUBURBAN vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

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

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

1,20,299/- is offered to tax and remaining amount of interest is capitalized to the work-in-progress(WIP).Whereas the assessee has filed details vide letter dated 06.02.2015 explaining the reasons, basis of claim and offering of the interest income. But the AO was not satisfied with the explanations and observed that set off of interest on fixed

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI SUBURBAN vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

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

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

1,20,299/- is offered to tax and remaining amount of interest is capitalized to the work-in-progress(WIP).Whereas the assessee has filed details vide letter dated 06.02.2015 explaining the reasons, basis of claim and offering of the interest income. But the AO was not satisfied with the explanations and observed that set off of interest on fixed

ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 6(1)(2), MUMBAI vs. M/S ISLAND STAR MALL DEVELOPERS PVT LTD, MUMBAI

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

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

1,20,299/- is offered to tax and remaining amount of interest is capitalized to the work-in-progress(WIP).Whereas the assessee has filed details vide letter dated 06.02.2015 explaining the reasons, basis of claim and offering of the interest income. But the AO was not satisfied with the explanations and observed that set off of interest on fixed

ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 6(1)(2), MUMBAI vs. M/S ISLAND STAR MALL DEVELOPERS PVT LTD, MUMBAI

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

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

1,20,299/- is offered to tax and remaining amount of interest is capitalized to the work-in-progress(WIP).Whereas the assessee has filed details vide letter dated 06.02.2015 explaining the reasons, basis of claim and offering of the interest income. But the AO was not satisfied with the explanations and observed that set off of interest on fixed

ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 6(1)(2), MUMBAI vs. M/S ISLAND STAR MALL DEVELOPERS PVT LTD, MUMBAI

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

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

1,20,299/- is offered to tax and remaining amount of interest is capitalized to the work-in-progress(WIP).Whereas the assessee has filed details vide letter dated 06.02.2015 explaining the reasons, basis of claim and offering of the interest income. But the AO was not satisfied with the explanations and observed that set off of interest on fixed

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI SUBURBAN vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

sections": [ "Sec 24", "Sec 143(1)", "Sec 143(3)", "Sec 115JB", "Sec 36(1)(iii)", "Sec 194I", "Sec 194C", "Sec 56(ii)", "Sec 56(iii)" ], "issues": "The core issue is the correct head of income under which rental income and associated expenses of a commercial complex should be taxed: 'Income from House Property

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 6(1)(2), MUMBAI vs. M/S ISLAND STAR MALL DEVELOPERS PVT LTD, MUMBAI

In the result, the\nappeal filed by the revenue is dismissed\n35

sections": [ "Sec 250", "Sec 24", "Sec 143(2)", "Sec 142(1)", "Sec 56(ii)&(iii)", "Sec 1941", "Sec 194C", "Sec 115JB", "Sec 36(1)(iii)", "Sec 14A" ], "issues": "Whether rental income from a composite agreement for premises and amenities should be taxed under 'Income from House Property

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI SUBURBAN vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

sections": [ "Sec 24", "Sec 115JB", "Sec 143(1)", "Sec 143(3)", "Sec 142(1)", "Sec 143(2)", "Sec 194I", "Sec 194C", "Sec 56(ii)", "Sec 56(iii)", "Sec 36(1)(iii)" ], "issues": "Whether rental income from a composite agreement for letting out of premises and provision of amenities should be taxed under 'Income from House Property

ASSTT COMMISSIONER OF INCOME TAX CIRCLE 6(1)(2), MUMBAI vs. M/S ISLAND STAR MALL DEVELOPERS PVT LTD, MUMBAI

In the result, the appeals filed by the assessee are\npartly allowed for statistical purposes and the appeals filed\nby the revenue are dismissed

sections": [ "Sec. 143(1)", "Sec. 143(3)", "Sec. 24", "Sec. 24(a)", "Sec. 24(b)", "Sec. 36(1)(iii)", "Sec. 56(ii)", "Sec. 56(iii)", "Sec. 115JB", "Sec. 194I", "Sec. 194C" ], "issues": "Whether composite rental income, including charges for premises and amenities, should be taxed under 'Income from House Property

ASSISTANT COMMISSIONER OF INCOME TAX-6(1)(2), MUMBAI, MUMBAI vs. ISLAND STAR MALL DEVELOPERS PRIVATE LTD, MUMBAI

house property' and common area maintenance charges under 'Income from business'. The AO was directed to allow deductions incurred wholly and exclusively for earning income. The appeal filed by the assessee was partly allowed, and the revenue's appeal was dismissed.", "result": "Partly Allowed", "sections": [ "Sec. 250 of the Income Tax Act", "Sec. 143(2) of the Income

ACIT (OSD)-2(2), MUMBAI vs. SHOPPERS STOP LTD., MUMBAI

In the result, the appeal of the revenue stands dismissed

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1163/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2012-13) Acit(Osd)(Tds)-2(2) बिधम/ Shoppers Stop Ltd Room No. 706, 7Th Floor, K. 5Th Floor, Umang Tower, Vs. G. Mittal Ayurvedic Malad Link Road, Hospital Bldg, Charni Road Minidspace, Malad (W), (W), Mumbai-400002. Mumbai-400064. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcs4383A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Manan Mathuria Revenue By: Shri Byomakesh Pradipta Kumar Panda (Dr) सुनवाई की तारीख / Date Of Hearing: 22/12/2022 घोषणा की तारीख /Date Of Pronouncement: 30/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: The Present Appeal Preferred By The Revenue Against The Order Of The Ld. Cit(A)-52, Mumbai Dated 12.03.2021 For Ay. 2012-13. 2. The Main Grievance Of The Revenue Is Directed Against The Action Of The Ld. Cit(A) In Holding That, The Payments Made By The Assessee To Several Vendors In Relation To Its Procurements From Them, Consisting Of Appeals/Clothes/Footwear/Goods Manufactured By These Vendors, Were Not In The Nature Of “Works Contract” But “Purchase Of Goods” & That, Therefore, The Provisions Of Section 194C Of The Income Tax Act, 1961 (Hereinafter “The Act”) Invoked By The Assessing Officer In Relation Thereto, Were Not Applicable.

1 to 18 of paper book) as noted by us are that, if these products remain unsold at the stores of the assessee, then the assessee may choose to return these goods back to the vendors, and against which the latter issues credit notes to the assessee. Hence, some vendors also depute their personnel to assist in the sales

DCIT(OSD)(TDS)-2(2), MUMBAI, MUMBAI vs. SHOPPERS STOP LIMITED, MUMBAI

Accordingly, all the grounds raised by the Revenue stands dismissed

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

1 to 18 of paper book) as noted by us are that, if these products remain unsold at the stores of the assessee, then the assessee may choose to return these goods back to the vendors, and against which the latter issues credit notes to the assessee. Hence, some vendors also depute their personnel to assist in the sales

DCIT(OSD)(TDS)-2(2), MUMBAI, MUMBAI vs. SHOPPERS STOP LIMITED, MUMBAI

Accordingly, all the grounds raised by the Revenue stands dismissed

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

1 to 18 of paper book) as noted by us are that, if these products remain unsold at the stores of the assessee, then the assessee may choose to return these goods back to the vendors, and against which the latter issues credit notes to the assessee. Hence, some vendors also depute their personnel to assist in the sales

DCIT (OSD) (TDS) -2 (2) , MUMBAI vs. SHOPPPERS STOP LTD, MUMBAI

Accordingly, all the grounds raised by the Revenue stands dismissed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकरअपीलसं/ I.T.A. No.1783/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2017-18) बिधम/ Acit (Osd) Tds 2(2), M/S Shoppers Stop Limited Room No 706, 7Th Fl.., K.G Mittal 5Th Floor, Umang Tower, Vs. Ayurvedic Hospital Bldg, Malad Link Road, Charni Road (W), Minidspace, Malad (W), Mumbai- 400002 Mumbai-400064 स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aabcs4383A (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. Assessee By: Shri .Vijay Mehta/Shri Manan Mathuriya Revenue By: Shri. Rakesh Ranjan (Dr) सुनवाईकीतारीख / Date Of Hearing: 20/10/2022 घोषणाकीतारीख /Date Of Pronouncement: 02/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

1 to 18 of paper book) as noted by us are that, if these products remain unsold at the stores of the assessee, then the assessee may choose to return these goods back to the vendors, and against which the latter issues credit notes to the assessee. Hence, some vendors also depute their personnel to assist in the sales

DCIT, NEW DELHI vs. M/S. VODAFONE ESSAR DIGILINK LTD., NEW DELHI

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI OMKARESHWAR CHIDARA (Accountant Member)

property'. It is, therefore, directed to be considered as eligible for deduction u/s. 80IA of the Act.” In view of the above decision of the Co-ordinate Bench of the Tribunal, exclusion of cellsite sharing revenue of INR.0.81 Crores from the business income while computing deduction under Section 80IA of the Act cannot be sustained. Therefore, the Assessing Officer

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

Housing Infrastructure Development Corpn. (supra). 17. In the case of Beacon Projects (P.) Ltd. (supra), the Kerala High Court held at paragraphs 11 and 12 that: "From the principles laid down in the decisions referred to above, it is obvious that section 2(28A) is not attracted to every payment made and that the provision can be attracted only