DCIT, CIR-3(3)(1), MUMBAI vs. SICOM LIMITED, MUMBAI CITY

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalita Nos. 2034 & 2035/Mum/2023 (A.Y:1999-2000 &1998-99) Dcit, Circle-3(3)(1), Vs. M/S Sicom Limited, Room No.609, Solitaire Corporate Aayakar Bhavan, Park, Building No.4, M.K. Road, Guru Nanak Marg, Mumbai-400020. Chakala, Midc S.O, Mumbai-400093. Pan/Gir No. : Aaacs5524J Appellant .. Respondent

reassessment, the assessee shall be entitled to receive, in addition to the interest payable under sub section (1)an additional interest on such amount of refund calculated at the rate of three per cent per annum, for the period beginning from the date following the date of expiry of the time allowed under sub-section (5) of section

KOTAK MAHINDRA BANK LIMITED,MUMBAI vs. DCIT 2(3)(1), MUMBAI

In the result, all the grounds of appeal of assessee is allowed

Bench: Shri Pawan Singh& Smt.Renu Jauhri

1)(b) of the Act. c. the Appeal by the appellant aggrieved by an order of reassessment made under section 147, either originally or in consequences of appellate order with a view to giving effect to the direction contained therein, objecting to the amount of interest payable by the government u/s 244A

KOTAK MAHINDRA BANK LIMITED,MUMBAI vs. DCIT 2(3)(1), MUMBAI

In the result, all the grounds of appeal of assessee is allowed

Bench: Shri Pawan Singh& Smt.Renu Jauhri

1)(b) of the Act. c. the Appeal by the appellant aggrieved by an order of reassessment made under section 147, either originally or in consequences of appellate order with a view to giving effect to the direction contained therein, objecting to the amount of interest payable by the government u/s 244A

KOTAK MAHINDRA BANK LIMITED,MUMBAI vs. DCIT 2(3)(1), MUMBAI

In the result, all the grounds of appeal of assessee is allowed

Bench: Shri Pawan Singh& Smt.Renu Jauhri

1)(b) of the Act. c. the Appeal by the appellant aggrieved by an order of reassessment made under section 147, either originally or in consequences of appellate order with a view to giving effect to the direction contained therein, objecting to the amount of interest payable by the government u/s 244A

KOTAK MAHINDRA BANK LIMITED,MUMBAI vs. DCIT 2(3)(1), MUMBAI

In the result, all the grounds of appeal of assessee is allowed

Bench: Shri Pawan Singh& Smt.Renu Jauhri

1)(b) of the Act. c. the Appeal by the appellant aggrieved by an order of reassessment made under section 147, either originally or in consequences of appellate order with a view to giving effect to the direction contained therein, objecting to the amount of interest payable by the government u/s 244A

KOTAK MAHINDRA BANK LIMITED,MUMBAI vs. DCIT 2 3 1, MUMBAI

In the result, all the grounds of appeal of assessee is allowed

Bench: Shri Pawan Singh& Smt.Renu Jauhri

1)(b) of the Act. c. the Appeal by the appellant aggrieved by an order of reassessment made under section 147, either originally or in consequences of appellate order with a view to giving effect to the direction contained therein, objecting to the amount of interest payable by the government u/s 244A

KOTAK MAHINDRA BANK LIMITED,MUMBAI vs. DCIT 2(3)(1), MUMBAI

In the result, all the grounds of appeal of assessee is allowed

Bench: Shri Pawan Singh& Smt.Renu Jauhri

1)(b) of the Act. c. the Appeal by the appellant aggrieved by an order of reassessment made under section 147, either originally or in consequences of appellate order with a view to giving effect to the direction contained therein, objecting to the amount of interest payable by the government u/s 244A

BHARAT PETROLEUM CORPORATION LIMITED,MUMBAI vs. DY. CIT RANGE-2(1)(1), MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given

ACIFFT, CIRCLE-2(1)(1), MUMBAI vs. M/S BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given

BHARAT PETROLEUM CORPORATION LIMITED,MUMBAI vs. DY. CIT RANGE-2(1)(1), MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given

ACIT, CIRCLE -2(1)(1), MUMBAI vs. M/S. BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given

ACIT, CIRCLE-2(1)(1), MUMBAI, MUMBAI vs. M/S BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

reassessment and re-computation. Entire section 153 was substituted for the original by the Finance Act 2016 w.e.f 1st June 2016. Subsection [5] of Section 153 of the Act reads as under : "[5] Where effect of an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given

MR. SATYA PRAKASH SINGH,MUMBAI vs. ITO, WARD-28(3)(1), VASHI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub- section (5) of the said section, be not less than one year; and where such period of limitation is less than

ITO-28(3)(1), MUMBAI, MUMBAI vs. SATYA PRAKASH SINGH, MUMBAI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub- section (5) of the said section, be not less than one year; and where such period of limitation is less than

DCIT 6(2)(1), MUMBAI vs. CEAT LTD, MUMBAI

In the result, appeal of the assessee is allowed, and departmental appeal is treated as infructuous

Bench: Shri Shamim Yahya, Am & Shri Pavan Kumar Gadale, Jm Dcit-6(2)(1) M/S. Ceat Ltd. Room No.563, Aaykar Bhawan Rpg House, 463 M.K.Road, Churchgate Vs. Dr. Annie Besant Road, Worli Mumbai-400 020 Mumbai-400 030

244A(1) granted to the assessee in the proceedings under section 143(1)(a) would be assessable in the year in which it is granted and not in the year in which proceedings under section 143(1)(a) attain finality.” 68. Therefore, while upholding in principle that the amount is to be taxed in the year of granting the refund

H.U.F. OF HIS LATE HIGHNESS SIR J.M. SCINDIA,MUMBAI vs. ACIT RANGE -18(2)(4), MUMBAI

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Us :-

b) Decision of Mumbai Tribunal in the case of Union Bank of India vs ACIT reported in 52 ITR(T) 221 c) Decision of Mumbai Tribunal in the case of Bank of Baroda vs DCIT in d) Decision of Mumbai Tribunal in the case of ACIT vs State Bank of India in ITA Nos. 5908 & 5909/Mum/2017 9 H.U.F

KOTAK MAHINDRA BANK LTD. (AS SUCCESSOR IN BUSINESS OF ERSTWHILE ING VYSYA BANK LTD.),MUMBAI vs. A.C.I.T. CIR. - 2(3)(2), MUMBAI

In the result, all the appeals of the assessee are allowed

244A. (1) Where refund of any amount becomes due to the assessee under this Act, he shall, subject to the provisions of this section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in the following manner, namely :— (a) where the refund is out of any tax collected at source under section 206C or paid

TATA EDUCATION TRUST ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX , MUMBAI

In the result, the appeal is allowed

Bench: Shri Pavan Kumar Gadale & Shri Ratnesh Nandan Sahay

244A of the ITA. Ground # 4: Refund adjusted against demand without prior intimation u/s 245 of the ITA "On the facts and under the circumstances of the case, and in law, the Intimation order u/s 143(1) of the Act erred in adjusting refund of AY 2021-22 against the demand for AY 2015-16 without issuing a prior Intimation