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

section 56(2)(x) of the Act. 3. Briefly stated, facts of the case are that the assessee ted, facts of the case are that the assessee ted, facts of the case are that the assessee, a partnership firm, was engaged in the business of real estate was engaged in the business of real estate was engaged in the business

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

section 56(2)(x) of the Act. 3. Briefly stated, facts of the case are that the assessee ted, facts of the case are that the assessee ted, facts of the case are that the assessee, a partnership firm, was engaged in the business of real estate was engaged in the business of real estate was engaged in the business

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

BENUDHAR GOKULANAND BISWAL,MUMBAI vs. NATIONAL E ASSESSMET CENTRE, MUMBAI

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

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadalebenudhar Gokulanand Vs. National E Assessment Biswal, Centre, H 302, Room.No 401,2 Nd Shanti Complex, Floor, E Ramp, Saki Vihar Road, Jawaharlal Nehru Powai, Stadium, Mumbai – 400072, New Delhi-110003. Pan/Gir No. : Adopb9106B Appellant .. Respondent Appellant By : Mr.Tanmay Phadke.Ar Respondent By : Ms.Naina K Kumar.Dr Date Of Hearing 20.04.2023 Date Of Pronouncement 29.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: 1.On The Facts & In The Circumstances Of The Case & As Per The Law, The National Faceless Appeal Centre/Commissioner Of Income Tax (Appeals) ["The Learned Commissioner (Appeals)]Despite Concluding That The Agreement For Sale Was Benudhar Gokulanand Biswal., Mumbai. Entered Into On 13.07.2009 (I.E. Prior To 01.04.2017), Failed To Appreciate That The Provisions Of Section 56(2)(X) Of The Act Which Was Inserted Vide Finance Act, 2017 & Made Expressly Applicable From 01.04.2017 Are Not Applicable To The Facts Under Consideration. The Addition Of Rs. 9,88,343/(50% Of Rs. 19,76,686/-) As Confirmed By The Learned Commissioner (Appeals) Under Section 56(2)(X) Of The Act Is Bad In Law & May Be Deleted.

Section 56(2)(x) of the Act may be deleted. 6. The Appellant craves leave to add, alter, rescind, or amend any of the above grounds of appeal 2. The brief facts of the case are that, the assessee is engaged in the business of manufacturing of transformers and electrical intermediate items. The assessee has filed the return of 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: -

x) of the Act. 11 3085/M/2018 A.Y. 2012-13 215. In view of the above discussion, it is held that the receipt of shares of Zee News Ltd. by the appellant at NIL consideration during the year is not chargeable to tax in the hands of the appellant under the provisions of section 56(1) of the Act.” As regards

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: -

x) of the Act. 11 3085/M/2018 A.Y. 2012-13 215. In view of the above discussion, it is held that the receipt of shares of Zee News Ltd. by the appellant at NIL consideration during the year is not chargeable to tax in the hands of the appellant under the provisions of section 56(1) of the Act.” As regards

SHRI VIPUL OTARMAL JAIN ,MUMBAI vs. ASSESSING OFFICER 19.3.1, MUMBAI

In the result, the appeal by the assessee is allowed

Bench: Shri Sandeep Singh Karhailshri Jagadish

House, ……………. Appellant Mumbai – 400004 PAN : AABPJ3246L v/s Income Tax Officer, Ward – 19(3)(1) Piramal Chamber, Near Bharatmata Cinema, ……………. Respondent Parel, Mumbai – 400012 Assessee by : Shri Hansraj Sanghvi Revenue by : Shri Abhirama Karthikeyan, SR. DR Date of Hearing – 02/04/2026 Date of Order – 08/04/2026 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The assessee has filed the present appeal

SULOCHANA SAIJAN MODI,MUMBAI vs. INCOME TAX OFFICER-NATIONAL E-ASSESSMENT CENTRE, MUMBAI

In the result, the appeal filed by assessee is allowed

Bench: Shri Kuldip Singh& Shri Om Prakash Kantsulochana Saijan Modi, Ito, A-501, Akar Apartment, National E- बनाम/ Film City Road, Malad Assessment Centre, Vs. East, Mumbai-400097. Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaopm0887F (अपीलाथ"/Appellant) (""थ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Shashi Tulsian ""थ" की ओर से/Respondent By: Shri Ajay Singh, Sr.Ar सुनवाई की तारीख/ Date Of Hearing 11/05/2023 घोषणा की तारीख /Date Of Pronouncement 23/05/2023 आदेश / Order Per Om Prakash Kant - Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.01.2023 Passed By Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] For Assessment Year (“Ay”) 2018-19. 2. The Grounds Raised By The Assessee Are Reproduced As Under: -

section 56(2)(x)(b) of the Act, amounting to Rs.57,85,300/-. Further, Ld.CIT(A) upheld the addition made by the AO. 4. Aggrieved, the assessee is in appeal before the Tribunal by way of raising grounds as reproduced above. 5. Before us, Ld. Counsel for the assessee has filed a Paper Book containing pages

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

Bench: Shri Sandeep Singh Karhailshri Gagan Goyal

Housing LLP, 101, B-Wing, Gharkul Co-op. Society, Azad Road, Vile Parle East, Mumbai - 400057, Maharashtra PAN: AATFR3895F Cross Objector (Original Respondent) Deputy Commissioner of Income Tax, Central Circle – 4(4), Mumbai - 400021, Maharashtra VS. Respondent (Original Appellant) Assessee by : Shri Nitesh Joshi Revenue by :Smt. Sanyogita Nagpal, CIT-DR Date of Hearing – 25/09/2024 Date of Order - 18/10/2024 ORDER

CABLE CORPORATION OF INDIA LTD,MUMBAI vs. DCIT CIRCLE 2(1), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Amarjeet Singhassessment Year: 2010-11

housing society from its sister concern and in absence of any specific provision taxing a gift as a deemed business income, provisions of section 28(iv) cannot be applied. Not every receipt is taxable under head ‘Income from other Sources’ but only those which can be shown as ‘income’ can be brought to tax under this head, if it does

MR. SURESH SHANTILAL JAIN ,MUMBAI vs. ITO WARD 16(3)(1), MUMBAI

In the result, the appeal of the Assessee is allowed

Bench: Shri Narender Kumar Choudhryassessment Year: 2018-19

House, NFAC 13/21, 1st Dhobi Talao Lane, ITO-Ward 16(3)(1), Vs. Kalbadevi, Room No.444, Mumbai Aayakar Bhawan, Maharashtra – 400 002 Maqharshi Karve Road, PAN: AABPJ4074G Mumbai - 400020 (Appellant) (Respondent) Present for: Assessee by : Shri Prakash Jotwani, Ld. A.R. Revenue by : Shri Sanjeev Bhagat, Ld. Sr. D.R. Date of Hearing : 16.09.2025 Date of Pronouncement

AXIA INFOSERVE LLP,MUMBAI vs. NATIONAL E-ASSESSMENT CENTRE, , DELHI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleaxia Infoserve Llp V. Additional/Joint/Dy/Acit 16Th Floor, Tower 2A National E-Assessment Centre One Indiabulls Centre Delhi Senapati Bapat Road, Elphinstone Road Mumbai- 400013 Pan: Abifa7158G (Appellant) (Respondent) Assessee Represented By : Shri Nitesh Joshi Department Represented By : Shri Minal Kamble

properties". Accordingly, notices u/s. 143(2) and 142(1) of the Act were issued and served on the assessee alongwith the questionnaire. In response Authorised Representative of the assessee attended and submitted the relevant information as called for. 3. Assessee is a limited liability partnership (LLP) incorporated in accordance with the provisions of the Limited Liability Partnership

NERKA CHEMICALS P. LTD,GUJRAT vs. ASST CIT CEN CIR 38, MUMBAI

In the result this ground of appeal is allowed for statistical purpose

Bench: Shri R.C. Sharma, Accountant Mamber & Shri Pawan Singh

housing society from its sister concern and in absence of any specific provision taxing a gift as a deemed business income, provisions of section 28(iv) cannot be applied. Not every receipt is taxable under head ‘Income from other Sources’ but only those which can be shown as ‘income’ can be brought to tax under this head, if it does

ANIL PANNALAL JAIN,MUMBAI vs. INCOME TAX OFFICER, KAUTILYA BHAVAN, MUMBAI

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

Bench: Shri Sandeep Gosain

housing schemes where the legal framework is different. 2. Capital Gains: The circulars dealt with capital gains computation and holding period determination, not with section 56(2)(x) applicability. 3. The law has evolved significantly since 1986/1993, and the introduction of section 56(2)(x) in 2017 has created a different legal framework for taxing property

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

In the result, appeal of the revenue is dismissed

housing loan from UBI & SBI\ntotaling to Rs.4,07,59,381/- as allowable deduction and interest paid on\nthe loan taken from Bank of Baroda of Rs.76,66,066/- was disallowed.\n4. 1. Proceeding further, the AO found that the assessee has purchased\nflat at 18th Floor in Lodha Costerja and on perusal of the details, the AO\nfound that

ITO 19.3.1, MUMBAI vs. VARUN JAISINGH ASHER, MUMBAI

In the result, the appeal of the revenue bearing ITA No

Bench: Shri. Girish Agrawalito -19(3)(1), Mumbai Varun Jaisingh Asher Room No.405, 4Th Floor, Piramal Arkade Rise, 17Th Floor, 31-A, Vs. Chambers, Lower Parel Mumbai Carmichael Road, Cumballa Hills, 400012 Mumbai 400026 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aiapa1791N (Appellant) (Respondent)

property held by the appellant on date of transfer. As, flat qualifies as investment in residential house, conditions to claim exemption u/s section 54F stands satisfied. As flat received in exchange for surrender of tenancy rights which is a valid consideration and transaction is not gratuitous, invoking provisions of section 56(2)(x

DCIT 17(2), MUMBAI vs. ATEEV V GALA, MUMBAI

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

Bench: Shri Joginder Singh & Shri Rajendraassessment Year-2010-11 Dcit-17(2), Ateev V. Gala, R. No.217, 02Nd Floor, 575/A, The Orient Jame बनाम/ Piramal Chambers, Jamshed Road, Vs. Mumbai-400012 Matunga Mumbai-400019 Pan No.Aalpg6039N (राज"व /Revenue) ("नधा"रती /Assessee)

Housing Society Ltd & Ors vs HUF of Manubhai Kalyanbhai Shah in Special Civil Application Gujarat Law Reporter XXXVI(1) page 19 and submitted that in the said judgment the term “individual” is held to include group of individuals as also joint families. 6. The alternative contention of the ld.AR that the amount received from his father’s HUF of which

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