KOTAK MAHINDRA BANK LIMITED,MUMBAI vs. ADD/JOINT/DEPUTY/ACIT, NATIONAL E-ASSESSMENT CENTRE, DELHI

Section 14A(2) of the Act, read\n40\nITA Nos.4056/Mum/2023 & Others\nM/s. Kotak Mahindra Bank Ltd.\nwith Rule 8D of the Rules, before applying the theory of apportionment, the AO needs to\nrecord satisfaction that having regard to the kind of the assessee, suo moto disallowance\nunder Section 14A was not correct. It will be in those cases where

GLOBAL BUSINESS CONEXXTIONS PVT.LTD.,MADHYA PRADESH vs. ACIT/DCIT-5(3), MUMBAI

X, Y & Z each. It can be taxed only once it the hands of B Ltd. This also evident from the provisions of Sec. 2(22)(e).‖ We have considered the rival submission, perusal the material on 10. record and examined the position in law. The reassessment proceedings were initiated against the Appellant 11. on the ground that income liable

TATA MOTORS LTD,MUMBAI vs. ACIT 2(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.631/मुं/2013 (िन.व. 2008-09) Tata Motors Limited Bombay House, 24,Homi Mody Street, Hutama Chowk, Mumbai – 400001. Pan: Aaact-2727-Q ...... अपीलाथ"/Appellant बनाम Vs. The Addl. Commissioner Of Income Tax Circle -2(3), Mumbai. Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D.Mistry, Sr.Advocate With Shri Nikhil Tiwari,Advocate "ितवादी "ारा/Respondent By : Ms. Vatsala Jha, Cit-Dr & Shri Manoj Kumar Singh, Sr.Ar सुनवाई की ितिथ/ Date Of Hearing : 10/11/2023 घोषणा की ितिथ/ Date Of Pronouncement : 05/02/2024 आदेश/Order Per Vikas Awasthy, Jm:

x Note: The Central Board of Direct Taxes empowers the Director General of Income-tax (International Taxation or the concerned Directors of Income-tax (Transfer Pricing) to distribute the working amongst the Transfer Pricing Officers working under then while exercising their powers and performing theirs functions.” A perusal of the above notification would show that the Board in exercise

RAGHAVENDRA RAMAKRISHNA NAIK ,MUMBAI vs. ITO INT TAX WARD 3(3)(1), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Ms. Suchitra Raghunath Kamble & Shri Girish Agrawalassessment Year: 2016-17 Raghavendra Ramakrishna Vs Income Tax Officer, Ward Naik 3(3)(1), Mumbai Raghavendra Ramakrishna Room No. 626, 6Th Floor, Naik D-1, Flat No. 7, Navyouak Kautilya Bhavan, C-41 To C-43, Society, Bhandup East, G Block, Bandra Kurla Mumbai 400042 Complex, Bandra (East), Mumbai 400051 Pan: (Afapn9077M) Appellant Respondent Present For: Appellant By : Ms. Manisha Thakkar, Ca Respondent By : Shri. Krishna Kumar, Sr. Dr Date Of Hearing : 17.09.2025 Date Of Pronouncement : 16.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Final Assessment Order Passed By Ld. Ito (Intl. Tax) Ward 3(3)(1), Mumbai-3 Vide Order No. Itba/Com/F/17/2024-25/1072645237(1) Dated 28.01.2025 Passed Pursuant To The Directions Of The Ld. Dispute Resolution Panel U/S. 144C(5) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 02.12.2024 For Ay 2016-17. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Applicant States That The Learned Income Tax Officer Has Erred In Passing The Order Which Is Illegal, Arbitrary & Against The Principle Laid

Section 56(2)(vii) (b)(ii)of the Act, which stipulates that where the date of the agreement fixing the amount of consideration for the transfer/ purchase of immovable property (date of allotment 29.09.2010) and the date of registration (18.03.2016) are not the same, the stamp duty value as on the date of the agreement may be taken

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

In the result the appeal filed by the assessee in ITA No

x) and 36(1) (va) of the Act.\nd. Amendment to the provisions of Sec.36 (1) (va) of the Act, by the Finance Act, 2021 is\napplicable from assessment year 2020-21 onwards and thus, payments made to\nemployees' contribution to LWF beyond due date specified under the respective Act, but\nwithin due date for filing of return of income

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

56 3,52,08,000/- ITA No. 6405/Mum/2024 for the AY 2011-12 4. The assessee has raised multiple grounds in the memorandum of appeal. However, the core issue arising for consideration, going to the root of the assessment proceedings for this assessment year, is regarding the validity of reopening of assessment u/s 147 of the Act on the basis

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

56 3,52,08,000/- ITA No. 6405/Mum/2024 for the AY 2011-12 4. The assessee has raised multiple grounds in the memorandum of appeal. However, the core issue arising for consideration, going to the root of the assessment proceedings for this assessment year, is regarding the validity of reopening of assessment u/s 147 of the Act on the basis

HEMENDRA RAMJI VIRA,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

56 3,52,08,000/- ITA No. 6405/Mum/2024 for the AY 2011-12 4. The assessee has raised multiple grounds in the memorandum of appeal. However, the core issue arising for consideration, going to the root of the assessment proceedings for this assessment year, is regarding the validity of reopening of assessment u/s 147 of the Act on the basis

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

56 3,52,08,000/- ITA No. 6405/Mum/2024 for the AY 2011-12 4. The assessee has raised multiple grounds in the memorandum of appeal. However, the core issue arising for consideration, going to the root of the assessment proceedings for this assessment year, is regarding the validity of reopening of assessment u/s 147 of the Act on the basis

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

56 3,52,08,000/- ITA No. 6405/Mum/2024 for the AY 2011-12 4. The assessee has raised multiple grounds in the memorandum of appeal. However, the core issue arising for consideration, going to the root of the assessment proceedings for this assessment year, is regarding the validity of reopening of assessment u/s 147 of the Act on the basis

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

56 3,52,08,000/- ITA No. 6405/Mum/2024 for the AY 2011-12 4. The assessee has raised multiple grounds in the memorandum of appeal. However, the core issue arising for consideration, going to the root of the assessment proceedings for this assessment year, is regarding the validity of reopening of assessment u/s 147 of the Act on the basis

HEMENDRA RAMJI VIRA,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

56 3,52,08,000/- ITA No. 6405/Mum/2024 for the AY 2011-12 4. The assessee has raised multiple grounds in the memorandum of appeal. However, the core issue arising for consideration, going to the root of the assessment proceedings for this assessment year, is regarding the validity of reopening of assessment u/s 147 of the Act on the basis

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

56,27,043/- towards bogus purchases from three other parties, namely, Greenfield Overseas, Arihant International and Marque Global was brought to tax as unexplained expenditure u/s 69C of the Act and assessed income was determined at Rs. 4,32,95,82,203/- and assessment order u/s. 143(3) r.w.s. 147 of the Act was passed vide order

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

56,27,043/- towards bogus purchases from three other parties, namely, Greenfield Overseas, Arihant International and Marque Global was brought to tax as unexplained expenditure u/s 69C of the Act and assessed income was determined at Rs. 4,32,95,82,203/- and assessment order u/s. 143(3) r.w.s. 147 of the Act was passed vide order

VIKAS BEDPRAKASH PANDEY,MUMBAI vs. INCOME TAX OFFICER, WARD 41(4)(4), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Beena Pillai & Shri Bijayananda Prusethvikas Bedprakash Pandey, Vs. Income Tax Officer, Ward 1102 Riddhi Tower, Riddhi Garden 41(4)(4),Kautilya Bhavan, Mumbai- Film City Road, Malad E Mumbai- 400051. 400097. Pan/Gir No: Anwpp9823B (Appellant) (Respondent) Appellant By Ms. Dinkle Hariya, Adv. Respondent By Shri Pankaj Kumar (Cit-Dr) Date Of Hearing 09.03.2026 Date Of Pronouncement 10.03.2026 O R D E R Per Bijyananda Pruseth, Am:

reassessment proceeding by invoking the provisions of section 147 r.w.s.148A r.w.s. 144 of the Act is bad in law. 2. The Ld. Assessing Officer has erred in adding difference between stamp duty value and purchase price as income of the assessee u/s 56(2)(vii) (b) of the Act even when the difference was mere 1.065 percent. 3. The appellant

ADDL CIT R G 7(1), MUMBAI vs. NOVARTIS INDIA LTD ( FORMERLY KNOWN AS HINDUSTAN CIBA GIEGY LTD. ), MUMBAI

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited V. Asst. Commissioner Of Income –Tax - 7(2)(2) {Earlier Addl. Commissioner Of Income –Tax – 7(1)} 6Th& 7Th Floor 1St Floor, Aayakar Bhavan Inspire Bkc M.K. Road, Mumbai - 400020 “G” Block, Bkc Main Road Bandra Kurla Complex, Bandra (E) Mumbai – 400051 Pan: Aaach2914F (Appellant) (Respondent) Addl. Commissioner Of Income –Tax – 7(1) V. M/S. Novartis India Limited Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent) Co No.190/Mum/2011 [Arising Out Of Ita No.6772/Mum/2010 (A.Y. 2002-03)] M/S. Novartis India Limited V. Addl. Commissioner Of Income –Tax – 7(1)} Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent)

section 143(2) proceeding and was treated as such by the assessee preclude it from urging lack of jurisdiction." (emphasis supplied) (3) There is no interplay of section 127 as held in para 8, in the following words- "8. As far as the section 127 goes, we are of the opinion that having regard to the findings rendered, that question

SMITA SURESH JANWALKAR,MUMBAI vs. ASSESSING OFFICER, NAVI MUMBAI

In the result, the appeal of the assessee is allowed for statistical purpose

Bench: Shri Rahul Chaudhary & Shri Bijayananda Prusethsmita Suresh Janwalkar Vs. Income Tax Officer Ward 27(3)(1), Bldg No 168 Panchaganga It-Office, Vasi Railway Station Chs, Pantnagar, Ghatkopar E, Building, Thane, Mumbai-400075. Navi Mumbai-400703. Pan/Gir No: Bbqpj2341M (Appellant) (Respondent)

reassessment order passed under section 147 read with section 1448, which is bad in law and liable to be quashed. 6. The learned CIT(A) erred in confirming the addition of 8,51,880 made under section 56(2)(x

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ACIT RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

reassessment done in pursuance thereof was also invalid." invalid." M/s Nuclear Power Corporation of India Ltd.. M/s Nuclear Power Corporatio ITA Nos. 202, 114, 4413/M/2004, 3867/M/2008, 4743 to 4745/M/2007, 3867/M/2008, 4743 to 4745/M/2007, 2452/M/2011 & Ors 2452/M/2011 & Ors Thus, so far as our court is concerned, it can be Thus, so far as our court is concerned