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974 results for “transfer pricing”+ Reopening of Assessmentclear

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Key Topics

Section 143(3)127Addition to Income80Section 6853Section 14749Section 14845Disallowance34Section 92C33Section 69C32Section 10(38)30

VIACOM 18 MEDIA P.LTD,MUMBAI vs. ADDL CIT 11(1), MUMBAI

In the result, assessee‟s appeal for A

ITA 8754/MUM/2010[2006-07]Status: DisposedITAT Mumbai03 Sept 2021AY 2006-07

Bench: Shri C.N. Prasad & Shri S. Rifaur Rahman

assessment year 2009-10, the assessee paid ` 5,68,97,341, towards up–linking fees to Television Eighteen India Ltd. on which it withheld tax at source @ 2% under section 194C of the Act. According to the Assessing Officer, in view of the retrospective amendment, the payment of up–linking charges would qualify as „royalty‟ being payment made

VODAFONE INDIA LTD,MUMBAI vs. ASST CIT 8(3)(2), MUMBAI

ITA 884/MUM/2016[2011-12]Status: DisposedITAT Mumbai17 May 2024AY 2011-12
Section 115JSection 143(3)Section 144C(13)Section 144C(5)

Showing 1–20 of 974 · Page 1 of 49

...
Section 115J26
Reopening of Assessment22
Long Term Capital Gains21
Section 14A
Section 234D
Section 271(1)(c)
Section 36(1)(iii)
Section 37
Section 40

reopening the assessment proceedings for AY 1996-97, the findings recorded in the assessment year 1996-97 cannot be reconsidered in the subsequent assessment years. To support this view the Tribunal placed reliance on the decision of Hon'ble Apex Court in the case of New Jehangir Vakil Mills Co. Ltd. vs. CIT, 49 ITR 137. The aforesaid decision

BHAVANI GEMS P. LTD.,MUMBAI vs. PR. CIT -5, MUMBAI

Accordingly, appeal filed by the assessee is allowed

ITA 766/MUM/2021[2016-17]Status: DisposedITAT Mumbai29 Apr 2022AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm Bhavani Gems Private Limited The Pr. Commissioner Of Income Dw–1370, G–Block West Core, Tax–5, Room No. 515, 5Th Floor, Bharat Diamond Bourse, Bandra Aayakar Bhavan, M.K. Road, Vs. Kurla Complex, Bandra (East), Mumbai–400 020 Mumbai–400 051 (Appellant) (Respondent) Pan No. Aaecb9471D

For Appellant: Shri Vartik Choksi, ARFor Respondent: Shri Dr. Mahesh Akhade, CIT DR
Section 143(1)Section 143(3)Section 263

transfer pricing officer for determination of arm’s-length price of the international transactions and specified domestic transaction and therefore the order of the learned that AO is not erroneous and hence cannot be subject to revision u/s 263 of the act. 016. Coming to the second issue of depreciation on goodwill, the fact shows that the assessee company

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI vs. CIT (TRANSFER PRICING)-4, MUMBAI

In the result all the four appeals filed by the assessee are dismissed

ITA 2003/MUM/2023[2017-18]Status: DisposedITAT Mumbai29 Nov 2023AY 2017-18

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Devendra Jain &For Respondent: Shri Vivek Perumpura
Section 131Section 143Section 147Section 148Section 263Section 271BSection 68Section 92C

reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms of Para number 3.3 of the instruction number 3/2016 and survey findings were also shared ITA No. 2002-05/Mum/2023 A.Y. 2012-13, 17-18, 18-19, 19-20 ZENZI PHARMECEUTICAL INDUSTRIES PVT. Ltd. with the transfer pricing

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI CITY vs. CIT (TRANSFER PRICING)-4, MUMBAI CITY

In the result all the four appeals filed by the assessee are dismissed

ITA 2004/MUM/2023[2018-19]Status: DisposedITAT Mumbai29 Nov 2023AY 2018-19

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Devendra Jain &For Respondent: Shri Vivek Perumpura
Section 131Section 143Section 147Section 148Section 263Section 271BSection 68Section 92C

reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms of Para number 3.3 of the instruction number 3/2016 and survey findings were also shared ITA No. 2002-05/Mum/2023 A.Y. 2012-13, 17-18, 18-19, 19-20 ZENZI PHARMECEUTICAL INDUSTRIES PVT. Ltd. with the transfer pricing

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI vs. CIT (TRANSFER PRICING)-4, MUMBAI

In the result all the four appeals filed by the assessee are dismissed

ITA 2002/MUM/2023[2012-13]Status: DisposedITAT Mumbai29 Nov 2023AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Devendra Jain &For Respondent: Shri Vivek Perumpura
Section 131Section 143Section 147Section 148Section 263Section 271BSection 68Section 92C

reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms of Para number 3.3 of the instruction number 3/2016 and survey findings were also shared ITA No. 2002-05/Mum/2023 A.Y. 2012-13, 17-18, 18-19, 19-20 ZENZI PHARMECEUTICAL INDUSTRIES PVT. Ltd. with the transfer pricing

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI CITY vs. CIT (TRANSFER PRICING)-4, MUMBAI CITY

In the result all the four appeals filed by the assessee are dismissed

ITA 2005/MUM/2023[2019-20]Status: DisposedITAT Mumbai29 Nov 2023AY 2019-20

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Devendra Jain &For Respondent: Shri Vivek Perumpura
Section 131Section 143Section 147Section 148Section 263Section 271BSection 68Section 92C

reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms of Para number 3.3 of the instruction number 3/2016 and survey findings were also shared ITA No. 2002-05/Mum/2023 A.Y. 2012-13, 17-18, 18-19, 19-20 ZENZI PHARMECEUTICAL INDUSTRIES PVT. Ltd. with the transfer pricing

JAY MA DURGA BUILDTECH P. LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, the appeal of assessee is allowed

ITA 2720/MUM/2017[2008-09]Status: DisposedITAT Mumbai17 Apr 2018AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am Jay Maa Durga Buildtech The Deputy Commissioner Private Limited (Merged With Of Income Tax, Cc-7(3), Lodha Construction Private Room No. 655, Aayakar Limited) Bhavan, M.K. Road, Vs. 412, Floor-4, 17G Vardhaman Mumbai-400 020 Chamber, Cawasji Patel Road, Horniman Circle, Fort, Mumbai-400 001 Appellant .. Respondent Pan No. Aabcj7826P

For Appellant: Arvind Sandhe, ARFor Respondent: Bhupendra
Section 132Section 143(3)Section 147Section 148Section 153ASection 153CSection 92ASection 92E

reopening of the appellant's assessment u/s.147 of the Act. 4.10 Non-filing of audit report in Form No. 3CEB does not lead to escapement of income: The Assessing Officer has noted in the reasons recorded about the failure of the appellant to submit transfer pricing

KISHORE H AJMERA (HUF),MUMBAI vs. DCIT CC 2, MUMBAI

In the result, appeals of the assessees are allowed as indicated above

ITA 7370/MUM/2019[2011-12]Status: DisposedITAT Mumbai06 Oct 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Department by Shri Brajendra Kumar
Section 147Section 68Section 69

transfer pricing. In such circumstances, the Division Bench of this Court, set aside the assessment order by observing that the Court was unable to understand how the Assessing Officer could, at all, exercise the jurisdiction and enter upon an Kishore H. Ajmera (HUF) & others inquiry on the reopening

JASMIN K AJMERA (HUF),MUMBAI vs. DCIT CC 2 (2), MUMBAI

In the result, appeals of the assessees are allowed as indicated above

ITA 7368/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 Oct 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Department by Shri Brajendra Kumar
Section 147Section 68Section 69

transfer pricing. In such circumstances, the Division Bench of this Court, set aside the assessment order by observing that the Court was unable to understand how the Assessing Officer could, at all, exercise the jurisdiction and enter upon an Kishore H. Ajmera (HUF) & others inquiry on the reopening

KISHORE H AJMERA (HUF),MUMBAI vs. DCIT CC 2, MUMBAI

In the result, appeals of the assessees are allowed as indicated above

ITA 7371/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 Oct 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Department by Shri Brajendra Kumar
Section 147Section 68Section 69

transfer pricing. In such circumstances, the Division Bench of this Court, set aside the assessment order by observing that the Court was unable to understand how the Assessing Officer could, at all, exercise the jurisdiction and enter upon an Kishore H. Ajmera (HUF) & others inquiry on the reopening

JASMIN K AJMERA (HUF),MUMBAI vs. DCIT CC 2 (2), MUMBAI

In the result, appeals of the assessees are allowed as indicated above

ITA 7367/MUM/2019[2011-12]Status: DisposedITAT Mumbai06 Oct 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Department by Shri Brajendra Kumar
Section 147Section 68Section 69

transfer pricing. In such circumstances, the Division Bench of this Court, set aside the assessment order by observing that the Court was unable to understand how the Assessing Officer could, at all, exercise the jurisdiction and enter upon an Kishore H. Ajmera (HUF) & others inquiry on the reopening

JITEN K AJMERA (HUF),MUMBAI vs. DCIT CC 2 (2), MUMBAI

In the result, appeals of the assessees are allowed as indicated above

ITA 7366/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 Oct 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Department by Shri Brajendra Kumar
Section 147Section 68Section 69

transfer pricing. In such circumstances, the Division Bench of this Court, set aside the assessment order by observing that the Court was unable to understand how the Assessing Officer could, at all, exercise the jurisdiction and enter upon an Kishore H. Ajmera (HUF) & others inquiry on the reopening

ITO WD 20(3)(1), MUMBAI vs. UNNOSOURCE CORPORATION, MUMBAI

In the result, the Revenue’s appeals for assessment years 2005-06 to 2008-09 are dismissed

ITA 5656/MUM/2014[2005-006]Status: DisposedITAT Mumbai08 Jul 2016AY 2005-006

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri S. Senthil KumaranFor Respondent: Shri Pradip Kapasi
Section 10Section 10ASection 143(1)Section 143(3)Section 144Section 147Section 148

reopened for examining the assessee’s claim for deduction under section 10A of the Act. It is a matter of record that the said reassessment orders for assessment years 2005-06 to 2008-09 dated 18.03.2013 were passed disallowing the assessee’s claim for deduction under section 10A of the Act. On appeal, the learned CIT(A) in the impugned

ITO WD 20(3)(1), MUMBAI vs. UNNOSOURCE CORPORATION, MUMBAI

In the result, the Revenue’s appeals for assessment years 2005-06 to 2008-09 are dismissed

ITA 5657/MUM/2014[2006-07]Status: DisposedITAT Mumbai08 Jul 2016AY 2006-07

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri S. Senthil KumaranFor Respondent: Shri Pradip Kapasi
Section 10Section 10ASection 143(1)Section 143(3)Section 144Section 147Section 148

reopened for examining the assessee’s claim for deduction under section 10A of the Act. It is a matter of record that the said reassessment orders for assessment years 2005-06 to 2008-09 dated 18.03.2013 were passed disallowing the assessee’s claim for deduction under section 10A of the Act. On appeal, the learned CIT(A) in the impugned

ITO WD 20(3)(1), MUMBAI vs. UNNOSOURCE CORPORATION, MUMBAI

In the result, the Revenue’s appeals for assessment years 2005-06 to 2008-09 are dismissed

ITA 5658/MUM/2014[2007-08]Status: DisposedITAT Mumbai08 Jul 2016AY 2007-08

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri S. Senthil KumaranFor Respondent: Shri Pradip Kapasi
Section 10Section 10ASection 143(1)Section 143(3)Section 144Section 147Section 148

reopened for examining the assessee’s claim for deduction under section 10A of the Act. It is a matter of record that the said reassessment orders for assessment years 2005-06 to 2008-09 dated 18.03.2013 were passed disallowing the assessee’s claim for deduction under section 10A of the Act. On appeal, the learned CIT(A) in the impugned

ITO WD 20(3)(1), MUMBAI vs. UNNOSOURCE CORPORATION, MUMBAI

In the result, the Revenue’s appeals for assessment years 2005-06 to 2008-09 are dismissed

ITA 5659/MUM/2014[2008-09]Status: DisposedITAT Mumbai08 Jul 2016AY 2008-09

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri S. Senthil KumaranFor Respondent: Shri Pradip Kapasi
Section 10Section 10ASection 143(1)Section 143(3)Section 144Section 147Section 148

reopened for examining the assessee’s claim for deduction under section 10A of the Act. It is a matter of record that the said reassessment orders for assessment years 2005-06 to 2008-09 dated 18.03.2013 were passed disallowing the assessee’s claim for deduction under section 10A of the Act. On appeal, the learned CIT(A) in the impugned

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6(2), MUMBAI vs. KHYATI REALTORS PRIVATE LIMITED , MUMBAI

In the result, therefore, petition succeeds and is allowed

ITA 4710/MUM/2017[2008-09]Status: DisposedITAT Mumbai17 Jul 2019AY 2008-09

Bench: Shri M.Balaganesh, Am & Shri Amarjit Singh , Jm Dcit, Cir. 6(3)(2) Vs. M/S. Khyati Realtors Pvt.Ltd R.No.522, 5Th Floor 301/68, Manek Bhuvan 1St Hindu Colony Aayakar Bhavan M.K.Road, Dadar (E), Mumbai – 400 020 Mumbai – 400 014 Pan/Gir No.Aacck4422B (Appellant) .. (Respondent)

Section 143(1)Section 143(3)Section 147Section 148Section 68

Transferable Development Rights (TDR) and finance business. The assessee company filed its return of income on 29/09/2008 for the A.Y.2008-09 declaring total income of Rs.34,26,260/-. The said return was processed u/s.143(1) of the Act on 31/10/2009. The original scrutiny assessment was completed u/s.143(3) of the Act on 29/12/2010 determining total income of Rs.43

VODAFONE INDIA LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-8(3)(2), MUMBAI

ITA 2834/MUM/2017[2012-13]Status: DisposedITAT Mumbai17 May 2024AY 2012-13
Section 115JSection 143(3)Section 144C(13)Section 144C(5)Section 14ASection 234DSection 271(1)(c)Section 36(1)(iii)Section 37Section 40

transferring pre-paid talk time and connections and\naccordingly the discount extended was not income earned by the\ndistributors.\n7.2. In the Draft Assessment Order, dated 31/03/2015, the Assessing\nOfficer proposed disallowance under Section 40(a)(ia) of the Act\non the upfront discount extended to the pre-paid distributors by\nterming the arrangement as 'Principal to Agent instead

DCIT CC 4(4), MUMBAI, MUMBAI vs. SANMAN TRADE IMPEX LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed dismissed whereas appeals of the assessee are partly allowed appeals of the assessee are partly allowed

ITA 3603/MUM/2023[2016-17]Status: DisposedITAT Mumbai24 Jul 2024AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

For Appellant: Dr. Kishor Dhule, CIT-DRFor Respondent: Mr. Rakesh Joshi
Section 143(3)Section 69C

reopening of the assessment and therefore, contention of the contention of the assessee are liable to be rejected assessee are liable to be rejected. 12.3 We have heard rival submission o We have heard rival submission of the parties and perused the f the parties and perused the relevant material on record. In our opinion, the contention raised by relevant