CONNERSTONE ONDEMAND LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-2(1)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

271(1)(c) on the same ground. Therefore our decision in AY 2015- 11 ITA 3747, 3751, 3753, 3752 and 5677/Mum/2024 Cornerstone Ondemand Limited 16 is mutatis mutandis applicable to AY 2016-17 also. Accordingly we direct the AO to delete the penalty for AY 2016-17. ITA No.3753/Mum/2024 – AY 2017-18 12. For AY 2017-18 the assessee filed

CORNERSTONE ONDEMAND LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-291)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

271(1)(c) on the same ground. Therefore our decision in AY 2015- 11 ITA 3747, 3751, 3753, 3752 and 5677/Mum/2024 Cornerstone Ondemand Limited 16 is mutatis mutandis applicable to AY 2016-17 also. Accordingly we direct the AO to delete the penalty for AY 2016-17. ITA No.3753/Mum/2024 – AY 2017-18 12. For AY 2017-18 the assessee filed

CORNERSTONE ONDEMAND LIMITED ,MUMBAI vs. ACIT(IT)-2(1)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

271(1)(c) on the same ground. Therefore our decision in AY 2015- 11 ITA 3747, 3751, 3753, 3752 and 5677/Mum/2024 Cornerstone Ondemand Limited 16 is mutatis mutandis applicable to AY 2016-17 also. Accordingly we direct the AO to delete the penalty for AY 2016-17. ITA No.3753/Mum/2024 – AY 2017-18 12. For AY 2017-18 the assessee filed

CORNERSTONE ONDEMAND LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-2(1)(1), MUMBAI

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

271(1)(c) on the same ground. Therefore our decision in AY 2015- 11 ITA 3747, 3751, 3753, 3752 and 5677/Mum/2024 Cornerstone Ondemand Limited 16 is mutatis mutandis applicable to AY 2016-17 also. Accordingly we direct the AO to delete the penalty for AY 2016-17. ITA No.3753/Mum/2024 – AY 2017-18 12. For AY 2017-18 the assessee filed

SHYAM KUMAR SADASHIVAN PILLAI,MUMBAI vs. INCOME TAX OFFICER, CIRCLE 27(3)(1), NAVI MUMBAI

In the result, the appeal is allowed

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

property during the year under consideration for Rs.91,40,000 and that no return of income has been filed. The AO issued notices under section 142(1) on various dates and the assessee filed the return of income under section 148 in response to last of the notices. The assessee paid the tax due on the income returned and filed

UNICORN INFOSERVICES PRIVATE LIMITED,MUMBAI vs. NATIONAL FACELESS APPEALS CENTRE, NEW DELHI

In the result, the regular ground raised by the

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry () Assessment Year: 2011-12

section 271 of the Act. The of the Act. The relevant part of the order of Assessing relevant part of the order of Assessing officer is reproduced as under: officer is reproduced as under: “21. In spite of giving several opportunities, the assessee company has 21. In spite of giving several opportunities, the assessee company has 21. In spite

DIRECTI INTERNET SOLUTIONS PVT LTD,MUMBAI vs. ACIT 5(1)(2), MUMBAI

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

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

house property. The relevant provision reads reads as under: “23(1) For the purposes of section 22, the annual value of any property “23(1) For the purposes of section 22, the annual value of any property “23(1) For the purposes of section 22, the annual value of any property shall be deemed to be shall be deemed

DIRECTI INTERNET SOLUTIONS PVT LTD,MUMBAI vs. ITO 5(1)(3), MUMBAI

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

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

house property. The relevant provision reads reads as under: “23(1) For the purposes of section 22, the annual value of any property “23(1) For the purposes of section 22, the annual value of any property “23(1) For the purposes of section 22, the annual value of any property shall be deemed to be shall be deemed

PHOENIX INTERNATIONAL FREIGHT SERVICES P. LTD( NOW KNOWN AS AS C.H. ROBINSON INTERNATIONAL (INDIA) P.LTD,),MUMBAI vs. DCIT RG 2(1), MUMBAI

In the result, the appeal is partly allowed

Bench: Shripavankumargadale,Judicialmember & Shri Amarjit Singhm/S. Phoenix Vs. Dy. Commissioner Of International Freight Income Tax, Range-2(1) Services Pvt. Ltd. (Now Mumbai-400050 Known As C.H. Robinson International (India) Pvt. Ltd.) Excom House 7, Saki Vihar Road, Andheri (East) Mumbai-400072 Pan No.Aabce0443R Appellant Respondent

House 7, Saki Vihar Road, Andheri (East) Mumbai-400072 Pan No.AABCE0443R Appellant Respondent Appellant by None Respondent by Smt. Sonia Kumar Sr. AR Date of Hearing 29.09.2022 Date of 14.10.2022 Pronouncement ORDER PER PAVAN KUMAR GADALE, JM: The assessee has filed the appeal against the order of Commissioner of Income Tax Appeal(CIT(A))-4 Mumbai 2 M/s Phoenix International

VIJAY MORU MHATRE,PANVEL vs. INCOME TAX DEPARTMENT, THANE

In the result the appeal of the assessee is allowed

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhvijay Moru Mhatre, Vs. Acit, Cc-1 Plot No. 08, 1St Floor 6Th Floor Room No. 10, Mcch Society, Panvel Road No. 16-Z, Ashar It Maharashtra – 410206 Park, Wagle Industrial Estate, Thane (W) स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aehpm8104Q Appellant .. Respondent Appellant By : Khushiram Jadhawani Respondent By : Usha Gaikwad Date Of Hearing 13.12.2023 Date Of Pronouncement 19.12.2023

Section 271(1)(c): In the Facts and Circumstances of the case and in law. Ld.AO has erred in imposing penalty on a sum of Rs. 2,90,937/- u/s 271 (1)(c) on wrong presumption of facts and incorrect comparison of income declared u/s.139(1) vis-a-vis 153A. Appellant wish to draw attention to ITR- 1 wherein income

NAVBHARAT POTTERIES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE 7(1)(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed in above\nterms

section 23(1)(c). In other words, vacancy allowance can be given\nonly when the property is let and vacant for part of the year. No contrary\njudgment of any other High court or the Hon'ble Apex Court has been\nbrought to our notice. Accordingly, the claim of vacancy allowance in\nrespect of 12 units which remained vacant

DCIT CENTRAL-CIRCLE-2(4), MUMBAI vs. KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Properties- (2013) 353 ITR 36 (BOM), Bramha Associates (supra) and Britannia Industries Ltd. v. CIT- (2005) 148 TaxMan.Com 468 SC in support of her contentions. 11. The rival contentions now fall for our determination. 12. The reasoning of the ITAT that the exclusion of the 5 residential units from out of the 352 residential units in the entire housing project

DCIT CEN CIR 10, MUMBAI vs. KEYSTONE REALTORS P.LTD, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Properties- (2013) 353 ITR 36 (BOM), Bramha Associates (supra) and Britannia Industries Ltd. v. CIT- (2005) 148 TaxMan.Com 468 SC in support of her contentions. 11. The rival contentions now fall for our determination. 12. The reasoning of the ITAT that the exclusion of the 5 residential units from out of the 352 residential units in the entire housing project

KEYSTONE REALTORS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 2(4), MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Properties- (2013) 353 ITR 36 (BOM), Bramha Associates (supra) and Britannia Industries Ltd. v. CIT- (2005) 148 TaxMan.Com 468 SC in support of her contentions. 11. The rival contentions now fall for our determination. 12. The reasoning of the ITAT that the exclusion of the 5 residential units from out of the 352 residential units in the entire housing project

JT.COMMISSIONER OF INCOME TAX (OSD) - CENTRAL CIRCLE 2(4), MUMBAI vs. M/S KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Properties- (2013) 353 ITR 36 (BOM), Bramha Associates (supra) and Britannia Industries Ltd. v. CIT- (2005) 148 TaxMan.Com 468 SC in support of her contentions. 11. The rival contentions now fall for our determination. 12. The reasoning of the ITAT that the exclusion of the 5 residential units from out of the 352 residential units in the entire housing project

HOUSING DEVP. FIN.CORPN. LTD. vs. THE ADIT CIR. 1(1),

The appeal of the assessee is partly allowed

property by its owner. In the given\ncase, the deployment of funds in short term investment is part and parcel of\nhousing finance business of the assessee since the idle funds are available in the\nregular course of business of housing finance and as part of the business activity\nthe assessee keeps these funds in short term investments which earn

ASST. COMMISSIONER OF INCOME TAX 8(2)(1), MUMBAI, MUMBAI vs. PIRAMAL ENTERPRISES LIMITED, MUMBAI

In the result, the cross-objection of the assessee is allowed\nwhereas appeal of the Revenue is dismissed

271(1)(c) that the\ndecision in Dilip N. Shroff's case (supra) was overruled.\n10.4 Further, the Hon'ble jurisdictional High Court in the case of\nBennett Coleman & Co ltd in (2013) 33 taxmann.com\n227(Bombay) have deleted the penalty on account of change of\nhead of income by the assessing officer particularly when he could\nnot establish concealment

M/S. HOUSING DEVELOPMENT FINANCE CORP. LTD.,MUMBAI vs. DCIT CIR. 1(1), MUMBAI

property by its owner. In the given\ncase, the deployment of funds in short term investment is part and parcel of\nhousing finance business of the assessee since the idle funds are available in\nthe regular course of business of housing finance and as part of the business\nactivity the assessee keeps these funds in short term investments which earn