MEDIA RESEARCH USERS COUNCIL,MUMBAI vs. ADIT (E) 1(1), MUMBAI

Appeal of the revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble & Media Research Users Council V. Addl. Dit(E)– 1(1) 128, Tv Industrial Estate Piramal Chambers, Lalbaug S.K. Ahire Marg, Worli Mumbai – 400 012 Mumbai – 400012 Pan: Aaatm5433F (Appellant) (Respondent) Media Research Users Council V. Addl. Dit(E)– Range 1 128, Tv Industrial Estate Piramal Chambers, Lalbaug S.K. Ahire Marg, Worli Mumbai – 400 012 Mumbai – 400012 Pan: Aaatm5433F (Appellant) (Respondent)

68,07,442 was covered by section 13(2)(a). In para 6.16 at page 21, he held that the payments to HRG were excessive and, therefore, section 13(3

MMTI'S EDUCATION & RESEARCH TRUST,MUMBAI vs. ITO (E) 2 (1), MUMBAI

In the result, the appeals of the assessee are In the result, the appeals of the assessee are allowed partly for allowed partly for statistical purposes

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

section 13(3) of the Act, , which provides for denial or withdrawal or withdrawal of exemption u/s 11 of the Act in case it is of exemption u/s 11 of the Act in case it is found that assessee has extended benefit to the specified persons found that assessee has extended benefit to the specified persons found that assessee

MMTIS EDUCTION & RESEARCH TRUST,MUMBAI vs. DDIT (E) I(2), MUMBAI

In the result, the appeals of the assessee are In the result, the appeals of the assessee are allowed partly for allowed partly for statistical purposes

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

section 13(3) of the Act, , which provides for denial or withdrawal or withdrawal of exemption u/s 11 of the Act in case it is of exemption u/s 11 of the Act in case it is found that assessee has extended benefit to the specified persons found that assessee has extended benefit to the specified persons found that assessee

MMTIS EDUCATION AND RESEARCH TRUST,MUMBAI vs. ITO (E) 2(1), MUMBAI

In the result, the appeals of the assessee are In the result, the appeals of the assessee are allowed partly for allowed partly for statistical purposes

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

section 13(3) of the Act, , which provides for denial or withdrawal or withdrawal of exemption u/s 11 of the Act in case it is of exemption u/s 11 of the Act in case it is found that assessee has extended benefit to the specified persons found that assessee has extended benefit to the specified persons found that assessee

R.D.TATA TRUST,MUMBAI vs. ITO (E)-2(2) (NOW ASSESSED BY THE ASSTT.CIT 17(3)), MUMBAI

Accordingly, Ground No.3 to 5 raised by the Revenue are dismissed

Section 13(3) of the Act. 8. The Ld. Counsel for the Assessee submitted that the finding returned by the Assessing Officer are based upon incorrect ITA. No. 3155 & 3081/Mum/2018 Assessment Year: 2012-13 appreciation of facts and are contrary to the settled legal position. Referring to the details/documents submitted along with letter, dated 12.03.2015 and 17.03.2015 filed during

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

In the result, the appeal by the assessee is partly allowed, while the\nappeal by the Revenue is dismissed

3,378.14 crores\nbeing the aggregate cash deposits and credit transactions but excluding the\nremote deposits of all the account holders in the appellant-society against the\naddition of Rs 4,665.97 crores made by the Assessing Officer.\n3.2. The CIT(A) erred in treating the appellants as facilitator of alleged\naccommodation entries given by the deposit holders relying

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

3,378.14 crores\nbeing the aggregate cash deposits and credit transactions but excluding the\nremote deposits of all the account holders in the appellant-society against the\naddition of Rs 4,665.97 crores made by the Assessing Officer.\n\n3.2. The CIT(A) erred in treating the appellants as facilitator of alleged\naccommodation entries given by the deposit holders relying

SHRI RENUKAMATA MULTI-STATE CO-OPERATIVE URBAN SOCIETY LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(4), MUMBAI

3,378.14 crores\nbeing the aggregate cash deposits and credit transactions but excluding the\nremote deposits of all the account holders in the appellant-society against the\naddition of Rs 4,665.97 crores made by the Assessing Officer.\n3.2. The CIT(A) erred in treating the appellants as facilitator of alleged\naccommodation entries given by the deposit holders relying

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

3,378.14 crores\nbeing the aggregate cash deposits and credit transactions but excluding the\nremote deposits of all the account holders in the appellant-society against the\naddition of Rs 4,665.97 crores made by the Assessing Officer.\n3.2. The CIT(A) erred in treating the appellants as facilitator of alleged\naccommodation entries given by the deposit holders relying

OBEROI FOUNDATION,MUMBAI vs. CIT (E), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleoberoi Foundation V. Cit (Exemptions) Commerz, 3Rd Floor 6Th Floor, Piramal Chambers International Business Park Lalbaug, Mumbai – 400 012 Oberoi Garden City, Off. W.E. Highway Goregaon (E), Mumbai - 400063 Pan: Aaato1684L (Appellant) (Respondent) Assessee Represented By : Shri Vijay Mehta Department Represented By : Shri K.C. Salvamani

68 to 69C would be applicable in addition to the computation of income under these sections. We, therefore, reject the argument of learned Departmental Representative that addition under section 69 for excess 15 Oberoi Foundation investment has to be independently carried out notwithstanding exemption of income under sections 11 to 13. 21. Now, we come

ACIT CIR 1, THANE vs. LANXESS INDIA P.LTD, THANE

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10 Lanxess India Private Limited, Asst. Commissioner Of Income-Tax, Lanxess House, Plot No. 162-164, Circle 1, Road No. 27, Wagle Estate, Opp. Iti Vs. 6Th Floor, Asher It Park, Road No. College, Midc, 16-Z, Wagle Industrial Estate, Thane-(West)-400604. Thane. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2009-10 Asst. Commissioner Of Income-Tax, Lanxess India Private Limited, Circle 1, Lanxess House, Plot No. 162-164, 6Th Floor, Asher It Park, Road No. 16- Vs. Road No. 27, Wagle Estate, Opp. Iti Z, Wagle Industrial Estate, College, Midc, Thane. Thane-(West)-400604 Pan No. Aaccb 3880 A Appellant Respondent

3. Deepak Nitrite Ltd. 12.01% 12.01% 13.65% 4. Haryana Leather Chemicals Ltd. Haryana Leather Chemicals 5.50% 5.50% 5.82% 5. Laffans Petrochemicals Ltd. Laffans Petrochemicals Ltd. 7.89% 7.89% 8.56% 6. Nocil Ltd. 11.59% 11.59% 13.11% 7. S I Group-India Ltd. -1.19% 1.19% -1.18% 8. Sadhana Nitro Chem Ltd. Sadhana Nitro Chem Ltd. 8.59% 8.59% 9.40% 9. Amines & Plasticizers Ltd. Amines

LANXESS INDIA P.LTD,THANE vs. ASST CIT CIR 1, THANE

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10 Lanxess India Private Limited, Asst. Commissioner Of Income-Tax, Lanxess House, Plot No. 162-164, Circle 1, Road No. 27, Wagle Estate, Opp. Iti Vs. 6Th Floor, Asher It Park, Road No. College, Midc, 16-Z, Wagle Industrial Estate, Thane-(West)-400604. Thane. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2009-10 Asst. Commissioner Of Income-Tax, Lanxess India Private Limited, Circle 1, Lanxess House, Plot No. 162-164, 6Th Floor, Asher It Park, Road No. 16- Vs. Road No. 27, Wagle Estate, Opp. Iti Z, Wagle Industrial Estate, College, Midc, Thane. Thane-(West)-400604 Pan No. Aaccb 3880 A Appellant Respondent

3. Deepak Nitrite Ltd. 12.01% 12.01% 13.65% 4. Haryana Leather Chemicals Ltd. Haryana Leather Chemicals 5.50% 5.50% 5.82% 5. Laffans Petrochemicals Ltd. Laffans Petrochemicals Ltd. 7.89% 7.89% 8.56% 6. Nocil Ltd. 11.59% 11.59% 13.11% 7. S I Group-India Ltd. -1.19% 1.19% -1.18% 8. Sadhana Nitro Chem Ltd. Sadhana Nitro Chem Ltd. 8.59% 8.59% 9.40% 9. Amines & Plasticizers Ltd. Amines

M/S JR FIBER GLASS INDUSTRIES PVT LTD,MUMBAI vs. NATIONAL FACELESS APPEAL CENTRE, MUMBAI

In the result, the appeal of the assessee is allowed

Section 68 is resorted to, it is\nincumbent on the assessee company to prove and establish the identity of\nthe subscribers, their credit worthiness and the genuineness of the\ntransaction.\nThe aforesaid judgment was rendered in the context of the factual\nbackground of the aforesaid case where, despite several opportunities\nbeing given to the assessee, nothing was disclosed about

VODAFONE INDIA LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(3), MUMBAI

In the result, the appeal of the assessee is allowed

68 of the Act of INR 7,959,683,862 be deleted. Ground No. 3 - Re-raising of demand which was raised in the original order passed u/s 143(3) of the Act 2 Vodafone India Limited vs DCIT, Circle 8(3), Mumbai 3.1 On the facts and circumstances of the case and in law, the learned

LATE SHRI MOHAN RAJ CHHAJED (THROUGH LEGAL JEOR SHANTILAL CHHAJED),MUMBAI vs. ITO,WARD-2, PALI

In the result, the appeal of the assessee is partly allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Late Shri Mohan Raj Chhajed Income Tax Officer, Ward-2, (Through Legal Heir Shantilal Pali Rajasthan-306-401. Chhajed), Vs. 601, Shilpa Apartments, C.D. Barfiwala Marg, Juhu Lane, Andheri (W), Mumbai-400058. Pan No. Aaipc 6614 N Appellant Respondent

13, raising following grounds: 1. On the facts and circumstances of the case, the lea On the facts and circumstances of the case, the lea On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeal) erred in confirming the Commissioner of Income Tax (Appeal) erred in confirming the Commissioner of Income Tax (Appeal) erred

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

13. The Ld. A.R. submitted that, under the provisions of section 68 of the Act, the assessee's liability is to explain the nature and sources of the money. He submitted that the assessee has explained the nature as well as sources i.e. the above said deposit was made out of its collections in the ordinary course of carrying

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

13. The Ld. A.R. submitted that, under the provisions of section 68 of the Act, the assessee's liability is to explain the nature and sources of the money. He submitted that the assessee has explained the nature as well as sources i.e. the above said deposit was made out of its collections in the ordinary course of carrying

ANTHAYYA EDUCATION FOUNDATION TRUST,MUMBAI vs. ITO EXEMPTION 1-(1), MUMBAI

In the result, the appeal of the assessee for A

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2010-11

68,70,198.00 Year Total Expenditure claimed during the year Admin. Expenses & 1 62,14,269.00 Expenditure relating to property Expenses on the object of 2 1,78,97,163.00 the Trust Excess Expenditure of 2 1,78,82,696.00 current year carried forward Investment in Capital 3 7,87,551.00 Assets Anthayya Education Foundation Trust During the assessment proceedings

PRAMOD RATAN PATIL,THANE vs. ASST CIT CIR 3, KALYAN

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

3) 5,433,800 on account of cash payment and further disallowance of 25% of expenses of ₹ 4,164,720 on account of unverified purchases 5 Cash deposit ₹ 1,050,000 ₹ Nil under section 68 525,000/– 6 Undisclosed ₹ 14,476,200 ₹ Nil income from 13