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

DCIT (IT) 3(2)(2), MUMBAI vs. MSC MEDITERRANEAN SHIPPING CO. SA ( MSC), MUMBAI

In the result, these appeals by the Revenue and the cross objections by the assessee stands dismissed

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm

House, Andheri Kurla Road, Ballard Estate, Mumbai-400 038 Andheri (E), Mumbai-400 059 PAN/GIR No. AACCM 4945 D (Assessee) : (Revenue) Revenue by : Shri Samuel Darse Assessee by : Shri Nishant Thakkar : 24.05.2018 Date of Hearing : 13.08.2018 Date of Pronouncement O R D E R Per Bench: These are appeals by the Revenue and the cross objection by the assessee arising

DCIT (IT) 3(2)(2), MUMBAI vs. MSC MEDITERANEAN SHIPPING CO. SA, MUMBAI

In the result, the appeal of the Revenue and the cross objection of the assessee are dismissed

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm Dcit(It)3(2)(2), Mumbai – Vs. M/S. Msc Mediterranean 400 038 Shipping Co. Sa C/O. Msc Agency India (India) Pvt. Ltd., Msc House, Andheri – Kurla Road, Andheri – East, Mumbai – 400 059 Pan/Gir No. Aaccm4945P Appellant) .. Respondent) Co No.137/Mum/2015 (Assessment Year :2011-12) M/S. Msc Vs. Dcit(It)3(2)(2), Mumbai – 400 Mediterranean Shipping 038 Co. Sa C/O. Msc Agency India (India) Pvt. Ltd., Msc House, Andheri – Kurla Road, Andheri – East, Mumbai – 400 059 Pan/Gir No. Aaccm4945P Appellant) .. Respondent) Revenue By Shri Narendra Kumar Assessee By Shri Nishant Thakkar

House, Andheri – Kurla Road, Andheri – East, Mumbai – 400 059 PAN/GIR No. AACCM4945P Appellant) .. Respondent) Revenue by Shri Narendra Kumar Assessee by Shri Nishant Thakkar Date of Hearing 08/05/2017 Date of Pronouncement 25/05/2017 आदेश / O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by the Revenue and Cross Objection by the assessee against the order of Dispute

MANGALORE REFINERY AND PETROCHEMICALS LTD,MUMBAI vs. ADDL CIT 3(2), MUMBAI

Appeal is allowed

Bench: Shri G. S. Pannu, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No.4448/Mum/2013 (निर्धारणवर्ा / Assessment Year: 2008-09) Mangalore Refinery & Addl Cit 3(2) Petrochemicals Ltd. Mumbai बिधम/ 15Th Floor, Maker Tower, E- Vs. Wing, Cuffe Parade, Mumbai- 400005. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacm5132A & आयकरअपीलसं./ I.T.A. No. 4436/Mum/2013 (निर्धारणवर्ा / Assessment Year:2008-09) Dcit-3(2) Mangalore Refinery & Room No. 674, 6Th Floor, Petrochemicals Ltd. बिधम/ 15Th Floor, Maker Aayakarbhavan, M. K. Road, Mumbai-400020 Tower, E-Wing, Cuffe Vs. Parade, Mumbai- 400005. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacm5132A अपीलाथीकीओरसे/ Appellant By : Sh. Madhur Agrawal /Ronak Desai प्रत्यथीकीओरसे/Respondentby : Sh. Samuel Darse सुनवाईकीतारीख/ : 08/06/2018 Date Of Hearing घोषणाकीतारीख / : 08/06/2018 Date Of Pronouncement Mangalore Refinery & Petrochemicals Ltd.

44B. 6.3.2.It is said that the Act,being a taxing statute,has to be understood by reference to its language and that it is not the function of the judicial forums to stretch a taxing statute to rope in items of income which are not explicitly covered by the relevant taxing provision. No income can be brought to taxation

KULODAY TECHNOPACK P. LTD,MUMBAI vs. ITO 8(2)(2), MUMBAI

In the result, appeal of the assessee in ITA No

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 3300/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No. 2423/Mum/2014 (नििाारण वर्ा / Assessment Year : 2010-11)

44B read with afore stated circular no. 723 dated 19.09.1995, we hold that the issue is covered in favour of the assessee and we order deletion of the disallowance of Rs. 9,60,431/- u/s 40(a)(ia) as made by the AO which was later confirmed by learned CIT(A). The assessee succeeds on this ground. We order accordingly

ROCKLINE DEVELOPERS P. LTD,MUMBAI vs. ITO 9(3)(4), MUMBAI

In the result, ground “A” raised in the appeal by the assessee stands dismissed

housing project shall be 100% of the "profit derived" in the previous year. It means only deduction is available from the profit under that Section whereas u/s.115JB, book profit as computed under Companies Act, 1956 is to be subjected to MAT. Therefore, the arguments of the Ld. A.R. is legally not enable. The ratio of DCW Ltd. vs. DCIT

NAN LION SHIP MANAGEMENT LLC,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) -3(3)(1), MUMBAI

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

Bench: Shri Amit Shukla, Jm & Shri Gagan Goyal, Am आयकरअपीलसं./ I.T.A. No. 1857/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2019-20) Acit (Int. Tax) – 3(3)(1), Nan Lian Ship Management 1630, 16Th Floor, Air India Llc Building Nariman Point, C/O- Chamber 2 & 3, Cosmos बिधम/ Mumbai-400 021 Trade Place, Ground Floor, Vs. Khatu Building, Opp-Bse, Fort, Mumbai-400 001 स्थायीलेखासं./जीआइआरसं./ Pan No. Aagcn0478E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Nishit Gandhi /Dhanlaxmi Iyer, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Shri Soumendu Kumar Das, Ld. Dr सुनवाईकीतारीख/ : 03.11.2022 Date Of Hearing घोषणाकीतारीख / : 30.12.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Final Assessment Order Dated 27.05.2022, Passed By Ld. Ao U/S 2

house flag and this inter alia means that at all time, the possession and the ownership was with the assessee company and PSCL was only using the ship on a time charter basis. In support, he drew our attention to various clauses of the agreement. Thus, when the assessee had all the control over the vessel, the same cannot

ILJIN ELECTRIC CO. LTD,MUMBAI vs. DCIT (IT) CIR 2(2)(1), MUMBAI

In the result, appeal for A

Bench: Shri Jason P. Boaz, Accoutant Member & Shri Saktijit Dey

property in goods as well as the payment, were carried on outside the Indian soil, the transaction could not have been taxed in India. (3) The principle of apportionment, wherein the territorial jurisdiction of a particular state determines its capacity to tax an event, has to be followed. (4) The fact that the contract was signed in India