DCIT 9(3)(2), MUMBAI vs. FUTURA VALUE RETAIL LTD, MUMBAI

In the result, the appeal of the Revenue in ITA no

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6705/Mum/2016 (नििाारण वर्ा / Assessment Year: 2012-13) बिाम/ Acit-9(3)(2), M/S. Future Value 418, 4Th Floor, Retail Ltd., Aayakar Bhavan, Knowledge House, V. Mumbai-400020 Shyam Nagar, Off Jogeshwari Vikhroli Link Road, Jogeshwari (E), Mumbai-400060 स्थायी ऱेखा सं./ Pan: Aaecp3041P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. Sushil Kumar Poddar (Dr) Assessee By: Ms. Dinkle Hariya सुनवाई की तारीख /Date Of Hearing : 12.06.2019 घोषणा की तारीख /Date Of Pronouncement : 04.07.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 6705/Mum/2016, Is Directed Against Appellate Order Dated 23.08.2016, Passed By Learned Commissioner Of Income Tax (Appeals)-16,Mumbai (Hereinafter Called “The Cit(A)”) In Ita No. Cit(A)/ I.T.305/Dcit-9(3)(2)/2015-16, For Assessment Year 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 29.03.2015 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 2012-13. I.T.A. No.6705/Mum/2016

house for their respective card brand. They also function as the governing body of a community of financial Institutions, ISOs and MSPs that work together in association to support credit card processing and electronic payments. Hence the name, "card associations." The primary responsibilities of the Card Association are to 5 | P a g e I.T.A. No.6705/Mum/2016 govern the members

CHEMOX EXPORTS IMPORTS PVT LTD,MUMBAI vs. INCOME TAX DEPARTMENT, ASSESSMENT UNIT, DELHI

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Bleι.Τ.Α. No. 3954/Mum/2024

HOUSE, 7TH BARRACK ROAD BOMBAY HOSPITAL LANE MUMBAI 400020, Maharashtra India PAN: AAACC4120G A.Y: 2018-19 Dated: 14/03/2022 DIN & Notice No: ITBA/AST/F/148A(SCN)/2021- 22/1040721057(1) Notice under clause(b) of section 148A of the Income-tax Act, 1961 Sir/Madam/M/s 1. Whereas I have information which suggests that income chargeable to tax for the Assessment Year 2018-19 has escaped

ITO (TDS) (OSD) 1(2), MUMBAI vs. ENTERTAINMENT NETWORK (INDIA) LTD, MUMBAI

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2011-12 & Assessment Year: 2012-13 Ito (Tds)(Osd) Entertainment Network (I) Ltd. 1(2) Trade Garden, Gr. Floor, Kamala बनाम/ R.No.811 K.G. Mill Compound, Senapati Bapat Vs. Mittal Hospital Marg, Lower Parel,(W) Bldg. Charni Rd Mumbai-400013 Mumbai-400002 (Revenue) (Respondent ) P.A. No.Aaace7796G Revenue By Shri Vishwas Mundhe (Dr) Respondent By Shri Mayur Kisnadwala (Ar) सुनवाई क" तार"ख/Date Of Hearing: 15/12/2016 आदेश क" तार"ख /Date Of Order: 11/01/2017

property and based proportionately upon the amour or value thereof" iii. "Compensation is paid for works measured by results achieved, iv. "Commission" generally denotes the compensation which a person can receive on sales" 5.3.1 A producer or manufacturer of goods generally does not sell his goods directly to the ultimate consumer. There are agents who purchase the goods from

ITO (TDS) (OSD) 1(2), MUMBAI vs. ENTERTAINMENT NETWORK (I) LTD, MUMBAI

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2011-12 & Assessment Year: 2012-13 Ito (Tds)(Osd) Entertainment Network (I) Ltd. 1(2) Trade Garden, Gr. Floor, Kamala बनाम/ R.No.811 K.G. Mill Compound, Senapati Bapat Vs. Mittal Hospital Marg, Lower Parel,(W) Bldg. Charni Rd Mumbai-400013 Mumbai-400002 (Revenue) (Respondent ) P.A. No.Aaace7796G Revenue By Shri Vishwas Mundhe (Dr) Respondent By Shri Mayur Kisnadwala (Ar) सुनवाई क" तार"ख/Date Of Hearing: 15/12/2016 आदेश क" तार"ख /Date Of Order: 11/01/2017

property and based proportionately upon the amour or value thereof" iii. "Compensation is paid for works measured by results achieved, iv. "Commission" generally denotes the compensation which a person can receive on sales" 5.3.1 A producer or manufacturer of goods generally does not sell his goods directly to the ultimate consumer. There are agents who purchase the goods from

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

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

Bench: Shri Joginder Singh & Shri Ramit Kochar

house property. 20. As far as profits and gains of business or profession are concerned by section 28 these are set out. The income therein shall be chargeable to income tax under this head and the clause thereof would indicate as to how the sub-headings of compensation, income derived by trade, professional or similar association from specific service performed

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

Bench: Shri Joginder Singh & Shri Ramit Kochar

house property. 20. As far as profits and gains of business or profession are concerned by section 28 these are set out. The income therein shall be chargeable to income tax under this head and the clause thereof would indicate as to how the sub-headings of compensation, income derived by trade, professional or similar association from specific service performed

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

In the result, all the appeals of the assessee are partly allowed for statistical purposes and appeal of the revenue is dismissed

Bench: Shri Mahavir Singh, Vp & Shri M.Balaganesh, Am & Sa No.462/Mum/2019 (Arising Out Of Ita No.1449/Mum/2016) (Assessment Year : 2011-12) Mahindra & Mahindra Vs. Dy. Commissioner Of Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai-400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent) & Sa No.461/Mum/2019 (Arising Out Of Ita No.7382/Mum/2017) (Assessment Year : 2013-14) Mahindra & Mahindra Vs. Dy. Commissioner Of Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai-400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent) Dy. Commissioner Of Vs. Mahindra & Mahindra Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai- 400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent) Mahindra & Mahindra Vs. Asst. Commissioner Of Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai-400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent)

property development activity, financing, investment and transport solutions. We find that during the year under consideration, the assessee incurred expenses amounting to Rs.17,45,55,863/- in connection with various acquisitions made / explored by it as under:- No Particulars Amount Amount A Automotive Division - Marketing 1 Legal Fees Legal Fees for Project Strike 87,41,491 (Acquisition of automobile company

THE DY CIT, CIRCLE-4(1)(2),, AHMEDABAD vs. VODAFONE WEST LIMITED,, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

194H is not applicable on trade discounts\ngiven to prepaid distributors. We find that similar findings have also been\nrendered recently by the Co-ordinate Bench of the Tribunal in Vodafone\nDigilink Ltd. (supra), vide order dated 14.10.2024. Therefore, respectfully\nfollowing the decisions cited supra, the disallowance on account of the trade\ndiscount given to the prepaid distributors under section

VODAFONE WEST LIMITED,(FORMERLY KNOWN AS VODAFONE ESSAR GUJARAT LIMITED),AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

194H is not applicable on trade discounts\ngiven to prepaid distributors. We find that similar findings have also been\nrendered recently by the Co-ordinate Bench of the Tribunal in Vodafone\nDigilink Ltd. (supra), vide order dated 14.10.2024. Therefore, respectfully\nfollowing the decisions cited supra, the disallowance on account of the trade\ndiscount given to the prepaid distributors under section

ACIT (TDS) -2(1), MUMBAI vs. OMKAR REALTORS AND DEVELOPERS PVT. LTD., MUMBAI

In the result, appeals filed by the revenue are dismissed and the Cross

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-2011 The Asst. Commissioner Of Income Omkar Realtors & Developers Tax (Tds) – 2(1), Pvt. Ltd., Room No. 615, 6Th Floor, Omkar House, Off Eastern Smt. K.G. Mittal Ayurvedic Hospital Vs. Express Highway, Bldg., Charni Road (W), Opp. Sion Chunabhatti Signal, Mumbai - 400002 Sion, Mumbai - 400022 Pan: Aaaco7919F (Appellant) (Respondent) Co No. 237/Mum/2019 (Arising Out Of Ita No. 6814/Mum/2018) Assessment Year: 2010-2011 Omkar Realtors & Developers Pvt. The Asst. Commissioner Of Ltd., Income Tax (Tds) – 2(1), Omkar House, Off Eastern Express 6Th Floor, Smt. K.G. Mittal Highway, Vs. Ayurvedic Hospital Bldg., Charni Opp. Sion Chunabhatti Signal, Sion Road (West), East, Mumbai - 400022 Mumbai - 400002 Pan: Aaaco7919F (Appellant) (Respondent) Assessment Year: 2011-2012 The Asst. Commissioner Of Income Omkar Realtors & Developers Tax (Tds) – 2(1), Pvt. Ltd., Room No. 615, 6Th Floor, Omkar House, Off Eastern Smt. K.G. Mittal Ayurvedic Hospital Vs. Express Highway, Bldg., Charni Road (W), Opp. Sion Chunabhatti Signal, Mumbai - 400002 Sion, Mumbai - 400022 Pan: Aaaco7919F (Appellant) (Respondent)

194H on account of payment of Rs. 7,95,00,000/- paid for future project and defaulter within the meaning of section 201 (1A) for not deducting tax u/s 194I on account of payment made as rent for alternative accommodation amounting to Rs. 26,02,34,080/-. Accordingly, the AO directed the assessee

JAWAHAR B. PUROHIT,MUMBAI vs. ASST CIT CEN CIR 22XC, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses 92,400 Nil 92,400 @20% of Rs. 462,000 as 92,400 5. Adhoc Disallowance for Indirect 2,95,829 1,47,915 1,47,915 Expenses

DCIT CEN CIR 22, MUMBAI vs. M.R. CONSTRUCTION, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses 92,400 Nil 92,400 @20% of Rs. 462,000 as 92,400 5. Adhoc Disallowance for Indirect 2,95,829 1,47,915 1,47,915 Expenses

DCIT CEN CIR 22, MUMBAI vs. M.R. CONSTRUCTION, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses 92,400 Nil 92,400 @20% of Rs. 462,000 as 92,400 5. Adhoc Disallowance for Indirect 2,95,829 1,47,915 1,47,915 Expenses

ASST CIT CC-22, MUMBAI vs. JAWAHAR PUROHIT, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses 92,400 Nil 92,400 @20% of Rs. 462,000 as 92,400 5. Adhoc Disallowance for Indirect 2,95,829 1,47,915 1,47,915 Expenses

JAWAHAR B. PUROHIT,MUMBAI vs. ASST CIT CEN CIR 22XC, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses 92,400 Nil 92,400 @20% of Rs. 462,000 as 92,400 5. Adhoc Disallowance for Indirect 2,95,829 1,47,915 1,47,915 Expenses

M.R. CONSTRUCTION,.,MUMBAI vs. ASST CIT CEN CIR 22, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses 92,400 Nil 92,400 @20% of Rs. 462,000 as 92,400 5. Adhoc Disallowance for Indirect 2,95,829 1,47,915 1,47,915 Expenses

JAWAHAR B. PUROHIT,MUMBAI vs. ASST CIT CEN CIR 22XC, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

194H – Brokerage Expenses/ 2,50,000 Nil 2,50,000 commission Section 194J – professional charges 50,000 Nil 50,000 4. Adhoc Disallowance for direct Expenses 92,400 Nil 92,400 @20% of Rs. 462,000 as 92,400 5. Adhoc Disallowance for Indirect 2,95,829 1,47,915 1,47,915 Expenses