CNI RESEARCH LTD,MUMBAI vs. DCIT 5(1), MUMBAI

Appeal of the assessee is allowed

Bench: Shri Joginder Singh & Shri Rajendraassessment Year: 2010-11 M/S Cni Research Ltd. Dcit-5(1), A/12 Gokul Arcade, Mumbai बनाम/ Sahar Road, Vile Parle (E), Vs. Mumbai-400057 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaccc2842H

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001.” Then, by the Finance Act, 2006, Section 14A was numbered as sub-section (1) thereof and after

ASST CIT CIR 6(1)(2), MUMBAI vs. ASK INVESTMENT MANAGERS P.LTD, MUMBAI

The appeal of the Revenue is allowed for statistical

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year 2012-13 Acit M/S Ask Investment Circle-6(1)(2), Managers Pvt. Ltd. बनाम/ R. No.536, 5Th Floor, 1St Floor Bandbox House, Vs. Aayakar Bhavan, Dr. Ab Road, Worli, M. K. Road, Churchgate, Mumbai-400030 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aafca2302P Shri Nitin Waghmode-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri J.D. Mistri Sr. Advocate

14A cannot be read into in section 115JB for the following reasons: i. Section 115JB is a complete code in itself and it overrides all other provisions of the Act . The book profit is deemed to be total income of assessee and provides mechanism for computing such book profit and consequential tax liability thereon. He , inter-alia, relied

M/S EDELWISS RURAL & CORPORATE SERVICES PRIVATE LIMITED,MUMBAI vs. ACIT CENTRAL CIRCLE-1(2), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2016-17 M/S Edelweiss Rural & Acit Central Circle-1(2), Corporate Services Pvt. Ltd., R. No. 906, 9Th Floor, Old Vs. Edelweiss House, Off Cst Road, Cgo Building Annexe, Kalina, Santacruz (East), Maharshi Karve Road, Mumbai-400098. Churchgate, Mumbai-400020. Pan No. Aakcs 7311 R Appellant Respondent Assessee By : Mr. Jitendra Jain, Ar Revenue By : Mr. Sanjeev Kashyap, Cit-Dr : Date Of Hearing 09/03/2023 : Date Of Pronouncement ___/03/2023 Order

14A of Income Tax Act, 1961 (Act) r.w. Rule Income Tax Act, 1961 (Act) r.w. Rule 8D of the Income Tax D of the Income Tax Rules. 1962 (Rules) without recording his d Rules. 1962 (Rules) without recording his dis-satisfaction satisfaction with fault correctness of the claim of the Appellant having with fault correctness of the claim

SHAPOORJI PALLANJI AND COMPANY P.LTD,MUMBAI vs. ADDL CIT RG 3(3), MUMBAI

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwalassessment Year: 2011-12 M/S Shapoorji Pallonji & Co. Dcit, Ltd. Circle-3(3), बनाम/ Shapporji Pallonji Centre, Room No.609, 6Th Floor, Vs. 41/44 Minoo Desai Marg, Aayakar Bhavan, M.K.Road, Colaba Mumbai-400020 Mumbai-400005 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aaacs6994C

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001.” 3.5. Section 14A of the Act postulates and states that no deduction shall be allowed in respect

DCIT CENT. CIR. 7(1), MUMBAI vs. RARE ENTERPRISES, MUMBAI

In the result, both the appeals of the revenue are dismissed

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

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001.” Sub.sec.(2) of sec.14A is relevant for our consideration. The power to disregard the computation made

DCIT CENT. CIR. 7(1), MUMBAI vs. RARE ENTERPRISES, MUMBAI

In the result, both the appeals of the revenue are dismissed

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

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001.” Sub.sec.(2) of sec.14A is relevant for our consideration. The power to disregard the computation made

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

14A which is based on theory of apportionment of expenditure between taxable and non-taxable income. Therefore, to that extent, expenditure incurred in acquiring those shares will have to be apportioned. We may also refer that Special Bench of Delhi Tribunal in ACIT Vs. Vireet Investment Pvt. Ltd.[2017] 82taxman.com 415(Delhi- Trib)(SB) held that computation under Clause

MAHARASHTRA STATE ELECTRICITY TRANSMISSION COMPANY LIMITED,MUMBAI vs. ITO CIRCLE 14(1)(1), MUMBAI

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

14A of the Act read with Rule 8D of the Rules. Accordingly, Ground No.1 and 2 raised by the Assessee are allowed. Ground No.3 to 8 11. Ground No.3 to 8 raised by the Assessee pertain to the addition of INR.1,00,19,00,000/- made in respect of Delayed Payment Charges. 11.1. During the assessment proceedings the Assessing Officer

JCIT(OSD)-14(1)(1), MUMBAI vs. MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD., MUMBAI

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

14A of the Act read with Rule 8D of the Rules. Accordingly, Ground No.1 and 2 raised by the Assessee are allowed. Ground No.3 to 8 11. Ground No.3 to 8 raised by the Assessee pertain to the addition of INR.1,00,19,00,000/- made in respect of Delayed Payment Charges. 11.1. During the assessment proceedings the Assessing Officer

DCIT (OSD) RG 10(1), MUMBAI vs. GODREJ AGROVET LTD, MUMBAI

Bench: Shri Joginder Singh & Shri Rajendraassessment Years:2008-09

reassess under section 147 or pass an order enhancing the assessment or reducing the refund already made or otherwise increasing the liability of the assessee under section 154.” 10. It has been made clear by the Hon’ble High Court that sub-section (2) does not ifso facto empower the AO to apply the method prescribed by Rules straightaway without

DCIT 10(2), MUMBAI vs. GODREJ AGROVET LTD, MUMBAI

Bench: Shri Joginder Singh & Shri Rajendraassessment Years:2008-09

reassess under section 147 or pass an order enhancing the assessment or reducing the refund already made or otherwise increasing the liability of the assessee under section 154.” 10. It has been made clear by the Hon’ble High Court that sub-section (2) does not ifso facto empower the AO to apply the method prescribed by Rules straightaway without

M/S. ORICON ENTERPRISES LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CC-3(3), MUMBAI

The appeal of the revenue is dismissed in terms of our aforesaid observations

Bench: Shri Rajesh Kumar & Shri Ravish Soodm/S Oricon Enterprises Limited Dy. Commissioner Of Income-Tax – Cc-3(3),Mumbai Vs. 1076, Dr. E Moses Road, Worli, Air India Building, 19Th Floor, Mumbai – 400 018 Mumbai - 400 020

2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this Act: Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section 147 or pass an order enhancing

DCIT-CC.3(3), CENTRAL RANGE-3 MUMBAI, MUMBAI vs. M/S. ORICON ENTERPRISES LTD. , MUMBAI

The appeal of the revenue is dismissed in terms of our aforesaid observations

Bench: Shri Rajesh Kumar & Shri Ravish Soodm/S Oricon Enterprises Limited Dy. Commissioner Of Income-Tax – Cc-3(3),Mumbai Vs. 1076, Dr. E Moses Road, Worli, Air India Building, 19Th Floor, Mumbai – 400 018 Mumbai - 400 020

2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this Act: Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section 147 or pass an order enhancing

DCIT 2(1)(1), MUMBAI vs. BAJAJ ELECTRICALS LTD, MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

Bench: Hon’Ble Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. Rule 8D - Method for determining amount of expenditure in relation to income not includible in total income

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

Bench: Hon’Ble Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. Rule 8D - Method for determining amount of expenditure in relation to income not includible in total income

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

Bench: Hon’Ble Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. Rule 8D - Method for determining amount of expenditure in relation to income not includible in total income

CARE RATINGS LTD.,MUMBAI vs. ASSTT, CIT-6(2)(1), MUMBAI

Accordingly, the disallowance of Rs.1,07,16,645/- made by the A.O u/s 14A r.w Rule 8D is vacated. The Ground of appeal No. 1 is allowed in terms of our aforesaid observations

Bench: Shri Pramod Kumar () & Shri Ravish Sood () Care Ratings Limited Asst. Commissioner Of 4Th Floor, Godrej Vs. Income Tax-6(2)(1), Coliseum, Somaiya Aayakar Bhavan, Hospital Road, Off Maharishi Karve Road, Eastern Express Highway, Mumbai – 400 020 Sion (East), Mumbai – 400 022 Pan No. Aaacc4587F (Assessee) (Revenue) Assessee By : Shri Tejas Sodha, A.R Revenue By : Ms. Shreekala Pardeshi, D.R Date Of Hearing : 04/10/2021 Date Of Pronouncement : 08/10/2021

2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this Act: Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section 147 or pass an order enhancing

NILKAMAL LTD.,MUMBAI vs. ASSTT. CIT CENTRAL CIR-1(2), MUMBAI

The appeal of the assessee is allowed in terms of our aforesaid observations

Bench: Shri Pramod Kumar () & Shri Ravish Sood () Nilkamal Limited Acit, Cc-1(2) 77/78, Nilkamal House, Vs. Pratishtha Bhavan, Road No. 13, Midc, Old Cgo, Annexe, Andheri (East), M.K. Marg, Mumbai – 400 093 Mumbai – 400 020 Pan No. Aaacn2329N (Assessee) (Revenue) Assessee By : Shri Vipul Joshi, A.R Revenue By : Shri Kprr Murty, D.R Date Of Hearing : 06/10/2021 Date Of Pronouncement : 08/10/2021

2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this Act: Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section 147 or pass an order enhancing