SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

transfer Rewa executed in favor of the assessee a Power of Attorney dated 1.12.2003. The assessee exercised the power vested in him under the said Power of Attorney dated 1.12.2003 and executed on behalf of Rewa, on 1st June, 2005 Developers and Properties Private Limited (a company in which assessee along with his family members are shareholders / directors) for sale

ACIT 421 MUMBAI, MUMBAI CITY vs. SAMIR NARAIN BHOJWANI, MUMBAI

Appeal of the assessee is allowed for statistical purposes and the\nappeal of the revenue is dismissed

transfer Rewa executed in favor of the assessee a\nPower of Attorney dated 1.12.2003.\nThe assessee exercised the power vested in him under the said Power of\nAttorney dated 1.12.2003 and executed on behalf of Rewa, on 1st June, 2005\n5\nITA Nos.261 & 1022/Mum/2025\nSamir Narain Bhojwani\nand 10th August, 2005, 4 Memorandum of Agreed Terms with Jivesh\nDevelopers

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1), MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1),MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH, MUMBAI SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1), MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1), MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

TWENTIETH CENTURY FOX TELECOMMUNICATIONS INTERNATIONAL, INC,MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-4(1)(2), MUMBAI

transfer pricing.", "held": "The Tribunal held that there was no finding that the information provided by the assessee was inaccurate or insufficient, nor was there any finding of lack of bonafides or indifference. The assessee had complied with a significant portion of the requests, and the TPO's adjustments were deleted by the DRP, which the revenue accepted.", "result": "Allowed

TWENTIETH CENTURY FOX INTERNATIONAL TELEVISION, INC, MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-4(1)(2) , MUMBAI

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sunil Kumar Singh, Hon’Ble

Transfer Pricing Officer has acknowledged that the assessee has furnished the details and information. 11. Further, there is no finding recorded by the TPO that the conduct of the assessee lacks bonafides or there any indifference on the part of the assessee in not producing the records called for by the TPO leading to inability on the part

DCIT(OSD)(TDS)-2(3), MUMBAI, MUMBAI vs. WOCKHARDT LTD., MUMBAI

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

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

transferred to the ITA. No. 2633/MUM/2024 Wockhardt Ltd, Mumbai. stockiest and that the company had to still carry liability in terms of expired goods and quality of goods etc. and therefore the stockiest were working as agents of assessee company, to promote and effect sales on behalf of assessee." (b) "On the facts and circumstances of the case

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(1), MUMBAI. , MUMBAI vs. EKJYOT PROPERTIES , MUMBAI

In the result, the appeal of the Revenue is dismissed

price. For this proposal, he was expecting a brokerage by 5% on the sale value of the flat, however, the proposal given by Mr. Amit Wadhavani was never materialized and they have not paid any brokerage to him for sale of above flat. It is further explained that in fact neither Flat No. 1001 nor any other flat was sold

DCIT (TDS) - 1(1), MUMBAI, CUMBALLA HILLS vs. ANAND RATHI COMMODITIES LIMITED, A WING, TH FLOOR,

In the result, appeals filed by the Revenue as well as cross objections raised by the assessee are dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 194A of the Act cannot be invoked in the case of the assessee. For the sake of ready reference the relevant observation of the Ld. CIT(A) holding that assessee was not liable to deduct TDS and there was no liability u/s.44A which is reproduced hereunder:- 16.2. Thus, in my view, the contracts/transactions do attract provisions of sec. 194A

DCIT (TDS) - 1(1), MUMBAI, CUMBALLA HILLS vs. ANANAD RATHI COMMODITIES LIMITED, A WING , TH FLOOR,

In the result, appeals filed by the Revenue as well as cross objections raised by the assessee are dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 194A of the Act cannot be invoked in the case of the assessee. For the sake of ready reference the relevant observation of the Ld. CIT(A) holding that assessee was not liable to deduct TDS and there was no liability u/s.44A which is reproduced hereunder:- 16.2. Thus, in my view, the contracts/transactions do attract provisions of sec. 194A

DCIT-3(4), MUMBAI vs. M/S UNION OF BANK OF INDIA, MUMBAI

194A(3),\nmakes it clear that even Government of India considers the above entities\nseparate and distinct from banking companies. Once under the Income Tax\nAct, Legislature itself has made a distinction for the aforesaid banks including\nthe assessee are not covered as banking company, then, this further buttresses\nthe point that these banks are separate and distinct from other

DCIT-3(4), MUMBAI vs. M/S UNION OF BANK OF INDIA, MUMBAI

194A(3),\nmakes it clear that even Government of India considers the above entities\nseparate and distinct from banking companies. Once under the Income Tax\nAct, Legislature itself has made a distinction for the aforesaid banks including\nthe assessee are not covered as banking company, then, this further buttresses\nthe point that these banks are separate and distinct from other

M/S UNION BANK OF INDIA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-(LTU)-2, MUMBAI, MUMBAI

In the result, the appeal of the revenue is dismissed

price in excess of the value of the bond cannot be\nsaid to be attached to the instrument or transaction. It arises independently and de\nhors the terms of the instrument. A claim cannot be made in respect thereof by the\nholder of the instrument/promisee against the issuer of the security, bond or\ndebenture as it is not a right

ACIT CIRCLE ,3(4), MUMBAI, MUMBAI vs. UNION BANK OF INDIA, MUMBAI

In the result, the appeal of the revenue is dismissed

price in excess of the value of the bond cannot be\nsaid to be attached to the instrument or transaction. It arises independently and de\nhors the terms of the instrument. A claim cannot be made in respect thereof by the\nholder of the instrument/promisee against the issuer of the security, bond or\ndebenture as it is not a right

UNION BANK OF INDIA,MUMBAI vs. DCIT, CIR - (LTU)-2, MUMBAI

194A(3),\nmakes it clear that even Government of India considers the above entities\nseparate and distinct from banking companies. Once under the Income Tax\nAct, Legislature itself has made a distinction for the aforesaid banks including\nthe assessee are not covered as banking company, then, this further buttresses\nthe point that these banks are separate and distinct from other

DCIT(TDS)-2(3), MUMBAI vs. NOVARTIS HEALTHCARE PRIVATE LIMITED, MUMBAI

Appeal is allowed

Bench: Shri Pawan Singh (Jm) & Shri Omkareshwar Chidara (Am) Dcit(Tds)-2(3) Novartis Healthcare Private 320, 3Rd Floor, Cumbala Hill, Limited Mtnl Te Bldg. Peddar Road Vs. 7Th Floor, Inspire Bkc, G Gopalrao Deshmukh Marg Block, Bkc Main Road Mumbai-400 026. Bandra, Mumbai-400 051. Appellant Respondent C.O. No. 121/Mum/2025 (Assessment Year : 2020-21)

transfer or allotment, the difference between FMV of option on the date of option exercised and price paid by employee is liable to tax in the hands of employee. This issue is squarely covered in favour of the appellant in the following cases : • Total Energies Marketing India Pvt. Ltd. [ITA Nos. 127 to 133/MUM/2023 dated 16 August 2023 (Mumbai ITAT

UNION BANK OF INDIA,MUMBAI vs. DCIT, CIR - (LTU)-2, MUMBAI

194A(3),\nmakes it clear that even Government of India considers the above entities\nseparate and distinct from banking companies. Once under the Income Tax\nAct, Legislature itself has made a distinction for the aforesaid banks including\nthe assessee are not covered as banking company, then, this further buttresses\nthe point that these banks are separate and distinct from other