MRS.TARULATA SHAH,MUMBAI vs. JOINT COMMISSIONER OF INCOME TAX (TDS) RANGE-2(2), MUMBAI

In the result, the appeals are partly allowed

Bench: Shri Pawan Singh () & Shri N.K. Pradhan () Assessment Year: 2008-09 & Assessment Year: 2009-10 Mrs. Sonal Shah Joint Commissioner Of 17/18, Swastik Bldg. 4Th Vs. Income Tax (Tds) Floor, N.S. Road, No. 1. Range-3, Mumbai. Jvpd Scheme, Vile Parle (W), Mumbai-400056. Pan No. Aqops1855M Appellant Respondent Assessment Year: 2008-09 & Assessment Year: 2009-10 Mrs. Tarulata Shah Joint Commissioner Of 21/22, Swastik Bldg. Vs. Income Tax (Tds) 5Thfloor, N.S. Road, No. 1. Range-3, Mumbai. Jvpd Scheme, Vile Parle (W), Mumbai-400056. Pan No. Aadps0777K Appellant Respondent Assessee By : Mr. Raveevwaglay, Ar Revenue By : Mr. Chaudhary Arunkumar Singh, Dr Date Of Hearing : 29/11/2018 Date Of Pronouncement: 25/02/2019

194A). Thus the assessee was already penalized in terms of payment of taxes in respect of income to the tune of Rs.19,33,131/- in the form of disallowance of interest. Thus it is stated that the penalty u/s 271C should not have been levied as there was a reasonable cause for failure to deduct the tax at source

DCIT-3(4), MUMBAI vs. M/S UNION OF BANK OF INDIA, MUMBAI

Penalty proceedings u/s 271 (1) (C)\nare initiated for furnishing inaccurate particulars of income\"\n11.\nWe heard the parties and perused the material on record. The ld. AR brought\nto our attention that a similar issue in assessee's own case for AY 2013-14 (ITA\nNo. 1439/Mum/2023 dated 13.03.2024) was considered by the Co-ordinate Bench\nwhere

DCIT-3(4), MUMBAI vs. M/S UNION OF BANK OF INDIA, MUMBAI

Penalty proceedings u/s 271 (1) (C)\nare initiated for furnishing inaccurate particulars of income\"\n11.\nWe heard the parties and perused the material on record. The ld. AR brought\nto our attention that a similar issue in assessee's own case for AY 2013-14 (ITA\nNo. 1439/Mum/2023 dated 13.03.2024) was considered by the Co-ordinate Bench\nwhere

UNION BANK OF INDIA,MUMBAI vs. DCIT, CIR - (LTU)-2, MUMBAI

Penalty proceedings u/s 271 (1) (C)\nare initiated for furnishing inaccurate particulars of income\"\n11. We heard the parties and perused the material on record. The ld. AR brought\nto our attention that a similar issue in assessee's own case for AY 2013-14 (ITA\nNo. 1439/Mum/2023 dated 13.03.2024) was considered by the Co-ordinate Bench\nwhere

UNION BANK OF INDIA,MUMBAI vs. DCIT, CIR - (LTU)-2, MUMBAI

Penalty proceedings u/s 271 (1) (C)\nare initiated for furnishing inaccurate particulars of income\"\n11. We heard the parties and perused the material on record. The ld. AR brought\nto our attention that a similar issue in assessee's own case for AY 2013-14 (ITA\nNo. 1439/Mum/2023 dated 13.03.2024) was considered by the Co-ordinate Bench\nwhere

ACIT 16(1), MUMBAI vs. UTV ENTERTAINMENT TELEVISION LTD(NOW KNOWN AS M/S.DISNEY BROADCASTING (INDIA) LIMITED), MUMBAI

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.5958/Mum/2017 (नििाारण वर्ा / Assessment Year: 2012-13) बिाम/ Acit 16(1) Utv Entertainment R.No. 439, Aayakar Television Ltd. (Now Bhavan, M.K Marg, Known As M/S. Disney V. Mumbai 400020 Broadcasting (India) Ltd.) 11, Solitaire Corporate Park, Guru Hargovind Marg, Chakala , Mumbai-400093 स्थायी ऱेखा सं./ Pan: Aaccv4782D (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. Charanjeet Singh Gulati (Cit-Dr) Shri. Abhishek Tilak Assessee By: सुनवाई की तारीख /Date Of Hearing : 11.03.2019 घोषणा की तारीख /Date Of Pronouncement : 06.06.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 5958/Mum/2017, Is Directed Against Appellate Order Dated 16.06.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-4, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 15.03.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 144C(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2012-13. I.T.A. No.5958/Mum/2017

194A, 194C, 194J, 195 etc. 3) If the assessee is permitted to short deduct TDS, then the very intended purpose of the Provisions of Chapter XVII-B and the consequence prescribed u/s. 40(a)(i)/ 40(a)(ia) stand defeated. Further, if this be the case, an assessee who is liable to deduct TDS, say at 20% shall go scot

CHATTANATHAN DEVARAJAN ,MUMBAI vs. INCOME TAX OFFICER 34(1)(1), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2014-15 Chattanathan Devarajan Income Tax Officer - 34(1)(1) 1101, Raheja Tipco Heights Mumbai Rani Sati Marg, Vs. Malad East Mumbai – 400067 (Pan: Abjpc6332P) (Assessee) (Respondent)

iii. AO levied penalty on total income of the assessee even though the ITR filed u/s 148 of the Act was accepted by the AO with a minor difference of Rs. 39,685/-. iv. There was no tax payable on the Return filed U/s 148 and the addition made by the AO was tax neutral and was not prejudicial

ACIT 16(1), MUMBAI vs. HINDUSTAN THOMPSON ASSOAICATES P. LTD, MUMBAI

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1206 /Mum/2018 (नििाारण वर्ा / Assessment Year: 2012-13) बिाम/ Assistant Commissioner Of Hindustan Thompson Income-Tax, Circle 16(1) Associates Private Room No. 439, 4 Th Floor, Limited V. Aayakar Bhawan 4Th Floor, M.K.Marg , Churchgate Peninsula Chambers, Mumbai-400 020 Ganpat Rao Kadam Marg, Lower Parel(W), Mumbai-400013 स्थायी ऱेखा सं./ Pan: Aaach1463M (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. B. Srinivas (Cit-Dr) Assessee By: Smt. Aarti Vissanji &, Shri. Ajit C. Shah & Ms. Aastha Shah सुनवाई की तारीख /Date Of Hearing : 27.02.2019 घोषणा की तारीख /Date Of Pronouncement : 23.05.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 1206/Mum/2018, Is Directed Against Appellate Order Dated 12.12.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-4, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year(Ay) 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 23.03.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 144C(3) Of The Income- Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2012-13. I.T.A. No.1206 /Mum/2018

iii) "professional services" shall have the same meaning as in clause (a) of the Explanation to section 194J; (iv) "work" shall have the same meaning as in Explanation HI to section 194C;" 6.6. The Memorandum explaining the provisions in the Finance Bill explained the rationale of the insertion of the new provision in following words

ASST. COMMISSIONER OF INCOME TAX- 27(1),MUMBAI, MUMBAI vs. DEEPAK CHANDERBHAN SUDHIJA, MUMBAI

In the result, appeal of the ld AO is allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Ar Acit, Circle- 27(1) Deepak Chanderbhan Sudhija 408, 4Th Floor, Tower No.6, 225/226 Commodity Exchange, Vashi Railway Station Vs. Plot No.2/3/4 Sector-17, Vashi, Complex,Vashi, Navi Mumbai, Navi Mumbai -400 705 Mumbai-400 703 (Appellant) (Respondent) Pan No. Banps6548H

u/s dated 30.12.2016 for the AY 2014-15 passed by the Ward 28(1)(3), Mumbai (hereinafter referred to as the “AO”)." The ld CIT (A) records following Grounds of appeal :- 09. i. Because, order passed under Section 143(3) is wholly without jurisdiction and is bad in law ii. Because, Ld. AO erred in law and on facts

DCIT 1(1)(2), MUMBAI vs. FORBES & COMPANY LTD, MUMBAI

In the result, the appeal is allowed for statistical purpose

Bench: Shir Pavan Kumar Gadale & Shri Gagan Goyal

Penalty proceedings u/s. 271(1)(c) of the I.T. Act are separately initiated for furnishing inaccurate particulars of income thereby concealment of income. Finally the AO has assessed the total loss of Rs. 22,32,20,285/- and passed the order u/s 143(3) of the Act dated 18.03.2013. 6. Aggrieved by the order, the assessee has filed an appeal

DCIT - 1 (1) (2), MUMBAI vs. FORBES & COMPANY LTD., MUMBAI

In the result, the appeal is allowed for statistical purpose

Bench: Shir Pavan Kumar Gadale & Shri Gagan Goyal

Penalty proceedings u/s. 271(1)(c) of the I.T. Act are separately initiated for furnishing inaccurate particulars of income thereby concealment of income. Finally the AO has assessed the total loss of Rs. 22,32,20,285/- and passed the order u/s 143(3) of the Act dated 18.03.2013. 6. Aggrieved by the order, the assessee has filed an appeal

EL CID CO .OP.HSG. SOC. LTD.,MUMBAI vs. ITO ,WD 19(1)(3), MUMBAI

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

Bench: Shri M. Balaganesh () & Shri Pavan Kumar Gadale () Assessment Year: 2016-17

194A of the Act also makes the legislative intent clear that the Co- operative Banks are not that specie of genus co-operative society, which would be entitled to exemption or deduction under the special provisions of Chapter VIA in the form of Section 80P of the Act. 16. If the legislative intent is so clear, then it cannot contended

FIDUCIARY SHARES & STOCKS P.LTD,MUMBAI vs. ACIT CIR 4(2), MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainfiduciary Shares & Stock P. Ltd. Acit, Circle 4(2) Unit No. T7B, 5Th Floor, Phoenix Àayakar Bhavan, M.K. Road House, Block No. 2, Phoenix Mills Vs. Mumbai 400020 Compound, 462, Senapati Bapat Marg, Mumbai 400013 Pan - Aaacf9759N Appellant Respondent

u/s 14A of the Act, since they cannot be said to be “investment” made for the purpose of earning dividend income. In the case of India Advantage Securities Ltd (supra), the Hon’ble Bombay High Court has noticed that the CIT(A) took into account the words of the Rule and found that the figures as derived by the Assessing

ACIT 25(2), MUMBAI vs. VIVEK RAMRAO PARASKAR, MUMBAI

In the result, appeal filed by the Revenue is allowed

Bench: Shri B.R.Baskaran & Shri Pawan Singh

iii) Paraskar Constructions, (iv) M/s. Motorbikes & (iv) M/s. hotel Ramlata Palace, engaged in the business of gas agency, building & construction, Civil Construction, dealer in Hero Honda Motorcycle and service/maintenance and running a hotel, filed his return of income on 29.09.2009 declaring total income of Rs.58,29,200/. 3. The return was selected for scrutiny and after giving an opportunity

FIDUCIARY EUROMAX GLOBAL MARKETS LTD,MUMBAI vs. DCIT 8(1), MUMBAI

In the result, this appeal of the assessee is allowed

Bench: Shri G.S. Pannu & Shri Sanjay Garg

271(1)(c)(iii) intended to levy penalty not only in the case where after addition of concealed income, a loss returned after assessment becomes positive income, but also in a case where addition of concealed income reduces the returned loss and finally the assessed income is also a loss or a minus figure. Therefore, even during the period between

FIDUCIARY EUROMAX GLOBAL MARKETS LTD,MUMBAI vs. DCIT 8(1), MUMBAI

In the result, this appeal of the assessee is allowed

Bench: Shri G.S. Pannu & Shri Sanjay Garg

271(1)(c)(iii) intended to levy penalty not only in the case where after addition of concealed income, a loss returned after assessment becomes positive income, but also in a case where addition of concealed income reduces the returned loss and finally the assessed income is also a loss or a minus figure. Therefore, even during the period between

DY. COMMISSIONER OF INCOME TAX, CIR 1(3)(1), INCOME TAX DEPARTMENT vs. SKATE TRADES AND AGENCIES PRIVATE LIMITED , RAICHUR STREET MUMBAI

In the result, the appeal of the assessee is dismissed

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhaildy. Commissioner Of Income Tax, Circle-1(3)(1), Room No.535, Aayakar Bhawan, M.K. Road, Churchgate ............... Appellant Mumbai - 400020

3) of the Act, notice that the total cash sales during the demonetization period, i.e. 08/11/2016 to 30/12/2016, was Rs. 4,72,26,475, which is substantially high as compared to the cash deposits for the financial year 2015-16 was Rs. 6,22,28,913. Thus, the AO noted that the substantial increase in cash deposits during the demonetization

SAPPHIRE FOODS INDIA LIMITED,MUMBAI vs. OSD TDS CIRCLE 2(2), MUMBAI

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

Bench: Shri Om Prakash Kant & Shri Anikesh Banerjee

iii) The Appellant has suo-moto disallowed the expenditure under Section 40(a)(ia) in its tax return. The learned JCIT(A) further erred in upholding the action of the learned TDS officer. Ground No. 3: On the facts and circumstances of the case and in law, the learned TDS officer erred in levying demand under section

SAPPHIRE FOODS INDIA LIMITED,MUMBAI vs. OSD TDS CIRCLE 2(2), MUMBAI

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

Bench: Shri Om Prakash Kant & Shri Anikesh Banerjee

iii) The Appellant has suo-moto disallowed the expenditure under Section 40(a)(ia) in its tax return. The learned JCIT(A) further erred in upholding the action of the learned TDS officer. Ground No. 3: On the facts and circumstances of the case and in law, the learned TDS officer erred in levying demand under section