ACIT-CC-7(3), MUMBAI vs. MANGALPRABHAT GUMANMAL LODHA , MUMBAI

In the result, appeal of the revenue is dismissed

Section 56(2)(vii)(b)(ii) w.e.f. 1st April 2021,\nwhich further clarified the scope of the provisions relating to the taxation of the\ndifference between the stamp duty value and the actual consideration, particularly\nin cases involving specified transactions. The addition of Rs.3,26,58,000/- is in line\nwith the statutory provisions and should have been upheld

HBS VIEW PRIVATE LIMITED,MUMBAI vs. PR. COMMISSIONER OF INCOME TAX - 8, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sandeep Singh Karhail, Hon’Ble

Section 56(2)(vii)(b)(ii) w.e.f. 1st April 2021, which further clarified the scope of the provisions relating to the taxation of the difference between the stamp duty value and the actual consideration, particularly in cases involving specified transactions. The addition of Rs. 3,26,58,000/- is in line with the statutory provisions and should have been upheld

COMMERCIAL DEVELOPMENT CORPORATION,MUMBAI vs. INCOME TAX OFFICER WARD 24(1)(1), MUMBAI

In the result, the appeal of the Revenue is dismissed, whereas

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2018-19 Commercial Development Nfac/Ito Ward 24(1)(1), Corporation, Piramal Chambers, 6Th Floor, Vs. 703, Hariom Chambers, B-16, Lalbaug, Parel, Veera Ind. Estate Off Link Road, Mumbai-400012. Andheri (W), Mumbai-400053. Pan No. Aaafc 7020 J Appellant Respondent Assessment Year: 2018-19 Income Tax Officer, Commercial Development Room No. 604, 6Th Floor, Corporation, Vs. Piramal Chambers, Lalbaug, 703, Hariom Chambers, B-16, Parel, Veera Ind. Estate Off Link Road, Mumbai-400012. Andheri (W), Mumbai-400053. Pan No. Aaafc 7020 J Appellant Respondent

house standing thereon vide two agreements each dated 15.03.1978 for a dated 15.03.1978 for a total consideration of Rs.4,25,000/ total consideration of Rs.4,25,000/- for building and Rs.3,25,000/ building and Rs.3,25,000/- for land respectively. The large portion land respectively. The large portion of the land is still occupied by unauthorized hutments which

INCOME TAX OFFICER, INCOME TAX vs. COMMERCIAL DEVELOPMENT CORPORATION, MUMBAI

In the result, the appeal of the Revenue is dismissed, whereas

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2018-19 Commercial Development Nfac/Ito Ward 24(1)(1), Corporation, Piramal Chambers, 6Th Floor, Vs. 703, Hariom Chambers, B-16, Lalbaug, Parel, Veera Ind. Estate Off Link Road, Mumbai-400012. Andheri (W), Mumbai-400053. Pan No. Aaafc 7020 J Appellant Respondent Assessment Year: 2018-19 Income Tax Officer, Commercial Development Room No. 604, 6Th Floor, Corporation, Vs. Piramal Chambers, Lalbaug, 703, Hariom Chambers, B-16, Parel, Veera Ind. Estate Off Link Road, Mumbai-400012. Andheri (W), Mumbai-400053. Pan No. Aaafc 7020 J Appellant Respondent

house standing thereon vide two agreements each dated 15.03.1978 for a dated 15.03.1978 for a total consideration of Rs.4,25,000/ total consideration of Rs.4,25,000/- for building and Rs.3,25,000/ building and Rs.3,25,000/- for land respectively. The large portion land respectively. The large portion of the land is still occupied by unauthorized hutments which

GLORY SHIPMANAGEMENT PVT LTD,MUMBAI vs. CIT (A), NFAC DELHI, DELHI

Accordingly, Ground no 2 is dismissed

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL "G" BENCH, MUMBAI SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 3149/MUM/2023 (Assessment Year: 2018-2019) Glory Shipmanagement Private Limited, 504, Abhay Steel House, 22 Baroda Street, Masjid (East), Mumbai - 400009 [PAN: AACCG2684H] ...... Appellant Commissioner of Income Tax (Appeals), Centralized Processing Centre, Delhi Vs .......... .... Respondent Appearance For the Appellant/Assessee : None For the Responden

House, 22 Baroda Street, Masjid (East), Mumbai - 400009 [PAN: AACCG2684H] …………… Appellant Commissioner of Income Tax Vs (Appeals), Centralized Processing Centre, Delhi ……………. Respondent Appearance For the Appellant/Assessee : None For the Respondent/Department : Shri Dr. Kishor Dhule Date Conclusion of hearing : 28.12.2023 Pronouncement of order : 30.01.2024 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal

25FPS MEDIA PVT. LTD.,MUMBAI vs. ITO ,RANGE -6(3)(1), MUMBAI

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 2798/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Ito, Range-6(3)(1) बिधम/ 25Fps Media Pvt. Ltd. Room No.524, 5Th Floor, 18Th Floor, Marathon Futurex, Vs. Aayakar Bhavan, Mumbai- N. M. Joshi Marg, Lower 400020. Parel, Mumbai-400013. & आयकर अपील सं/ I.T.A. No. 3085/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) बिधम/ 25Fps Media Pvt. Ltd. Ito, Range-6(3)(1) 18Th Floor, Marathon Futurex, Room No.524, 5Th Floor, Vs. N. M. Joshi Marg, Lower Aayakar Bhavan, Mumbai- Parel, Mumbai-400013. 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacz2076J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Percy Pardiwala & Madhur Aggarwal Revenue By: Shri Achal Sharma (Dr) सुनवाई की तारीख / Date Of Hearing: 27/01/2022 घोषणा की तारीख /Date Of Pronouncement: 02/03/2022 आदेश / O R D E R Per Amarjit Singh (Jm): The Assessee As Well As Revenue Have Filed The Above Mentioned Appeals Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2012-13. Ita. No.2798/Mum/2018 2. The Revenue Has Filed The Present Appeal Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai Relevant To The A.Y.2012-13. 3085/M/2018 A.Y. 2012-13 3. The Revenue Has Raised The Following Grounds: -

House Property, Profit and Gains of business or profession, or capital gain) is to be computed and brought to charge under section 56 under the head “Income from Other sources”. In other words, it can be said that the residuary head of income can be resorted to only if none of the specific head is applicable to the income

ITO 6(3)(1), MUMBAI vs. 25 FPS MEDIA PVT. LTD. , MUMBAI

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 2798/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Ito, Range-6(3)(1) बिधम/ 25Fps Media Pvt. Ltd. Room No.524, 5Th Floor, 18Th Floor, Marathon Futurex, Vs. Aayakar Bhavan, Mumbai- N. M. Joshi Marg, Lower 400020. Parel, Mumbai-400013. & आयकर अपील सं/ I.T.A. No. 3085/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) बिधम/ 25Fps Media Pvt. Ltd. Ito, Range-6(3)(1) 18Th Floor, Marathon Futurex, Room No.524, 5Th Floor, Vs. N. M. Joshi Marg, Lower Aayakar Bhavan, Mumbai- Parel, Mumbai-400013. 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacz2076J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Percy Pardiwala & Madhur Aggarwal Revenue By: Shri Achal Sharma (Dr) सुनवाई की तारीख / Date Of Hearing: 27/01/2022 घोषणा की तारीख /Date Of Pronouncement: 02/03/2022 आदेश / O R D E R Per Amarjit Singh (Jm): The Assessee As Well As Revenue Have Filed The Above Mentioned Appeals Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2012-13. Ita. No.2798/Mum/2018 2. The Revenue Has Filed The Present Appeal Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai Relevant To The A.Y.2012-13. 3085/M/2018 A.Y. 2012-13 3. The Revenue Has Raised The Following Grounds: -

House Property, Profit and Gains of business or profession, or capital gain) is to be computed and brought to charge under section 56 under the head “Income from Other sources”. In other words, it can be said that the residuary head of income can be resorted to only if none of the specific head is applicable to the income

DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-4(4), MUMBAI, MUMBAI vs. ROMELL HOUSING LLP, MUMBAI

In the result, the Cross Objection by the assessee is allowed, while the\nRevenue's Appeal is dismissed

Housing LLP,\n101, B-Wing, Gharkul Co-op. Society,\nAzad Road, Vile Parle East,\nMumbai - 400057,\nMaharashtra\nPAN: AATFR3895F\nCross Objector\n(Original Respondent)\nDeputy Commissioner of Income Tax,\nCentral Circle – 4(4),\nMumbai - 400021,\nMaharashtra\nVS.\nRespondent\n(Original Appellant)\nAssessee by : Shri Nitesh Joshi\nRevenue by :Smt. Sanyogita Nagpal, CIT-DR\nDate of Hearing – 25/09/2024\nDate of Order

KETAN HIMATLAL MEHTA,MUMBAI, MAHARASHTRA vs. NFAC, NOT APPLICABLE

Appeal is partly allowed

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

house standing thereon vide two agreements each dated 15.03.1978 for a total consideration of Rs.4,25,000/- for building and Rs.3,25,000/- for land respectively. The large portion of the land is still occupied by unauthorized hutments which are declared as Slum by the appropriate authority. The agreement was executed and possession of the property was taken

RAJESH R. SAWLANI,MUMBAI vs. ITO 4(2)(1), MUMBAI

In the result, this appeal is allowed for statistical purposes in the terms indicated above

section (2) of Sec. 50C, we find that the same therein contemplates that in a case where an assessee claims before an A.O that the value adopted by the Stamp Valuation Authority qua the transfer of a capital asset, being land or building or both, exceeds the fair market value of the property as on the date of transfer

DY CIT. CIRCLE-1, THANE vs. M/S TRAVECOM GLOBAL P. LTD., BHAYANDER

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit – Circle 1 V. M/S. Travecom Global Pvt. Ltd., Room No. 22, B-Wing B/607, Krishnakunj 6Th Floor, Ashar I.T. Park Salasar Brij Bhoomi Wagle Industrial Estate Bhayander (W)-401101 Thane (W)-400604 Pan: Aaect8729Q (Appellant) (Respondent) Assessee By : Ms. Aarti Vissanji Department By : Shri B.K. Bagchi

houses), detailed explanation and factors considered to arrive at the discounting factor 15 percent. General Rejection of DCF 2. The Assessing officer has erred in rejecting the DCF method Method adopted by assessee as its beyond the jurisdiction of Assessing Officer as mentioned in Paragraph 5 of Page 7 of Assessment order. Facts of the case: 1. The assessee filed

SHILPA GAUTAM,MUMBAI vs. ITO, (INT TX), WARD-2(3)(1), MUMBAI

Housing Soc., Ghatkopar East, Mumbai-400073 [PAN: ADDPG0713G] …………… Appellant Vs Income Tax Officer International Tax Ward-2(3)(1), Mumbai, 1727, 17th Floor, Air India Building, Respondent ……………. Nariman Point, Mumbai - 400021 Appearance For the Appellant/Assessee : Shri Rajesh Athwale For the Respondent/Department : Shri Soumendu Kumar Dash Date Conclusion of hearing : 02.05.2023 Pronouncement of order

DIRECT MEDIA DISTRIBUTION VENTURES PVT. LTD.,MUMBAI vs. ITO , RG-6(2)(3)(PRESENT IN CHARGE ACIR-RG-6(2)(2), MUMBAI

In the result, appeal of the revenue dismissed and appeal of the assessee is also dismissed

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.2715/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2012-13) The Assistant Commissioner Direct Media Distribution Of Income Tax 6(2)(2), Ventures Pvt. Ltd. बिधम/ Mumbai 135, Continental Building, Vs. Aayakar Bhavan, M.K.Road, Annie Besant Road, Worli, Churchgate, Mumbai-400 020 Mumbai-400 048 स्थायीलेखासं./जीआइआरसं./Pan No. Aadcd1940Q (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

House property, Profit and Gains of business or profession. Or capital gain) is to be computed and brought to charge under section 56 under the head “income from other sources”. In other words, it can be said that the residuary head of income can be resorted to only if none of the specific head is applicable to the income

ACIT - CIRCLE- 6(2)(2), MUMBAI vs. DIRECT MEDIA DISTRIBUTION VENTURES PVT. LTD., MUMBAI

In the result, appeal of the revenue dismissed and appeal of the assessee is also dismissed

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.2715/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2012-13) The Assistant Commissioner Direct Media Distribution Of Income Tax 6(2)(2), Ventures Pvt. Ltd. बिधम/ Mumbai 135, Continental Building, Vs. Aayakar Bhavan, M.K.Road, Annie Besant Road, Worli, Churchgate, Mumbai-400 020 Mumbai-400 048 स्थायीलेखासं./जीआइआरसं./Pan No. Aadcd1940Q (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

House property, Profit and Gains of business or profession. Or capital gain) is to be computed and brought to charge under section 56 under the head “income from other sources”. In other words, it can be said that the residuary head of income can be resorted to only if none of the specific head is applicable to the income

HUMUZA CONSULTANTS,MUMBAI vs. THE PR. CIT-19, MUMBAI

In the result, appeal filed by the assessee is allowed and the stay application filed by the assessee is dismissed

Bench: Shri Prashant Maharishi () & Shri Pavan Kumar Gadale () Humuza Consultants Vs The Principal Commissioner Of 6Th Floor, Wokhardt Towers Income-Tax-19, Mumbai Bandra Kurla Complex Room No. 228, 2Nd Floor, Bandra East Matru Mandir Mumbai-400 01 Tardeo Road, Pan : Aahfh9240E Mumbai-400 007 Appellant Respondent Appellant By Shri Jd Mistry & Hiten Chande Respondent By Shri K.K. Mishra (Cit,Dr) Date Of Hearing 07-12-2021 Date Of Pronouncement 07-01-2022 O R D E R Per Prashant Maharishi (Am):

Housing Project Ltd 343 ITR 329 (Del) and referring to paragraphs 16 & 17 of that order that the matter cannot be remitted for a fresh decision to the AO to conduct further enquiries without finding that the order is erroneous. He submitted that at least LD PCIT should have stated that those are the LD AO has not made

PANKAJ ENTERPRISES,MUMBAI vs. JT CIT RG 25(3), MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

vii) Thereafter, Thereafter, the assessee i.e. owner of the land i.e. owner of the land, entered into an agreement With M/s V into an agreement With M/s Vidhi Enterprises i.e. idhi Enterprises i.e. Developer, for development of the plot wherein they , for development of the plot wherein they , for development of the plot wherein they agreed to share the constructed

ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. PANKAJ ENTERPRISES, MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

vii) Thereafter, Thereafter, the assessee i.e. owner of the land i.e. owner of the land, entered into an agreement With M/s V into an agreement With M/s Vidhi Enterprises i.e. idhi Enterprises i.e. Developer, for development of the plot wherein they , for development of the plot wherein they , for development of the plot wherein they agreed to share the constructed

ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. PANKAJ ENTERPRISES, MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

vii) Thereafter, Thereafter, the assessee i.e. owner of the land i.e. owner of the land, entered into an agreement With M/s V into an agreement With M/s Vidhi Enterprises i.e. idhi Enterprises i.e. Developer, for development of the plot wherein they , for development of the plot wherein they , for development of the plot wherein they agreed to share the constructed

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

56,899 and ₹ 73,722 of all these properties. Accordingly two additions were made to the total income of the assessee (1) undisclosed income of ₹ 198,000 and {2} income from property of ₹ 203,727/–. Total income was determined at ₹ 8,298,197/–. 07. For assessment year 2011 – 12, as assessee was found to be owner of all the four