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16 results for “transfer pricing”+ Section 53Aclear

Sorted by relevance

Hyderabad30Delhi19Bangalore19Mumbai16Chennai10Chandigarh8Indore7Pune5Jaipur2Surat1Cochin1Kolkata1Nagpur1Amritsar1

Key Topics

Section 153A34Section 132(1)14Addition to Income14Section 359Section 50C8Search & Seizure8Section 1487Unexplained Cash Credit7Cash Deposit

DCIT -26(1) , MUMBAI vs. SHREYAS BUILDERS, MUMBAI

In the result, the appeal of Revenue is dismissed

ITA 2404/MUM/2023[2013-14]Status: DisposedITAT Mumbai23 Feb 2024AY 2013-14

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2404/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit-17(1) बिधम/ Shreyas Builders Room No. 117, 1St Floor, G- A-42, 4Th Floor Roop Vs. Block, Kautliya Bhavan, Darshan, Juhu Lane, Bandra Kurla Complex, Andheri (West), Mumbai- Mumbai-400051. 400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aapfs5485E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhadresh Doshi Revenue By: Dr. Kishor Dhule (Cit,Dr) सुनवाई की तारीख / Date Of Hearing: 01/02/2024 घोषणा की तारीख /Date Of Pronouncement: 23/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, [Hereinafter Referred To As The “Cit”], Delhi Dated 08.05.2023 For Assessment Year 2013-14. 2. In The Several Grounds Raised In The Appeal, The Revenue Has Agitated The Action Of The Ld. Cit(A) Holding That The Assessee Was Engaged In The Business Of Real Estate Development & Therefore The Plot Of Land Held By It Was In Nature Of ‘Stock-In-Trade’ As Opposed To The Ao’S Action Of Holding The Said Plot Of Land To Be In Nature Of ‘Capital Asset’. According To Revenue Therefore, Since The Said Plot Of Land To Be In Nature Of ‘Capital Asset’, The Levy Of Capital Gains Tax Stood Triggered Upon Execution Of Joint Development Agreement (Herein

For Appellant: Shri Bhadresh DoshiFor Respondent: Dr. Kishor Dhule (CIT,DR)
Section 2(47)(v)

53A of the Transfer of Property Act, 1882 stood fulfilled, to invoke Section 2(47)(v) of the Act. For this, he cited on the decision of Hon’ble Bombay High Court in the case of Chaturbhuj Dwarkadas Kapadia vs. CIT (supra), as relied upon by the AO. 8. Per contra, the Ld. AR for the assessee supported the findings

7
Section 2506
Section 56(2)(x)5
Section 1475

DAMJI J GALA,KHANDILKAR ROAD vs. ITO 19(1)(4), TARDEO ROAD

In the result the appeal filed by the assessee stands partly\nallowed

ITA 3407/MUM/2024[2010-11]Status: DisposedITAT Mumbai16 Dec 2024AY 2010-11
Section 147Section 148Section 2Section 2(47)

price of the property on date of\nextinguishing tenancy right as cost of acquisition to the assessee\ncannot be accepted.\n(vii) The assessee relied upon the judgement of jurisdictional High\nCourt in the case of Chaturbhuj Dwarkadas Kapadia vs. CIT [260\nITR 491] wherein the issue decided was in respect of \"Development\nAgreement\" which is not applicable to assessee

PYRAMID DEVELOPERS,MUMBAI vs. THE DEPUTY COMM. OF INCOME TAX CIRCLE 32(1), MUMBAI

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

ITA 2409/MUM/2023[AY 2015-16]Status: DisposedITAT Mumbai20 Dec 2024

Bench: Shri Kuldip Singh & Shri Gagan Goyalpyramid Developers, 2Nd Floor, Sharda Bhavan, Nanda Patkar Road, Vile Parle (E) Mumbai- 400 005, Pan: Aaifp1958J ...... Appellant Vs. Dcit Circle 32(1), Kautilya Bhavan, Bandra Kurla Complex, Bandra (East) Mumbai-400 051 ..... Respondent

For Appellant: Shri Piyush Chajed a/w VeetragFor Respondent: Shri H. M. Bhatt, Ld. DR
Section 142(1)Section 250Section 43CSection 53A

53A. Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already

KENNETH M. MISQUITTA ,MUMBAI vs. ITO, 25(2)(5), MUMBAI

In the result, appeal filed by assessee is allowed for statistical purposes

ITA 3014/MUM/2023[2013-14]Status: DisposedITAT Mumbai20 Jan 2023AY 2013-14

Bench: Shri Kuldip Singh, Jm & Ms Padmavathy S, Am

For Appellant: Shri S.V. Joshi, ARFor Respondent: 18.12.2023
Section 143(2)Section 5Section 50CSection 54ESection 54F

price by payment in kind or adjustment towards a debt or for other monetary consideration. Thus, for application of provisions of section 54, the appellant has to buy a property as an owner. Provisions of section 54 are exemption provisions and, therefore, in case two interpretations are possible i.e. whether appellant should acquire the new residential house as owner

ANIL PANNALAL JAIN,MUMBAI vs. INCOME TAX OFFICER, KAUTILYA BHAVAN, MUMBAI

In the result, the appeal filed by the assessee stands dismissed

ITA 4663/MUM/2025[2018-19]Status: DisposedITAT Mumbai13 Nov 2025AY 2018-19

Bench: Shri Sandeep Gosain

Section 17Section 250Section 53ASection 56(2)(x)

price of flat and stamp duty value was added by the AO which was also upheld by Ld. CIT(A), the operative portion is contained in para 7 and 8 and the same is reproduced herein below: After careful consideration of the submissions made by the assessee, the assessment order, and the case laws cited, I find that the appeal

MAIMOON FASHION ACCESSORIES PRIVATE LIMITED,MUMBAI vs. INCOME TAX OFFICER, WARD 7(2)(1), MUMBAI, MUMBAI

In the result, the appeal by the assessee is allowed

ITA 5010/MUM/2025[2016-17]Status: DisposedITAT Mumbai26 Sept 2025AY 2016-17

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailmaimoon Fashion Accessories Pvt. Ltd., 645, Maimoon House, Mohili Village, A.K. Road, J.B. Nagar S.O., Mumbai – 400059 ............... Appellant Pan : Aaccm3307P

For Appellant: Ms. Rupal KakuFor Respondent: Shri Rajiv Kadam, Sr.DR
Section 2(47)Section 2(47)(ii)Section 250Section 271(1)(c)Section 45

price and consideration of Rs. 31,00.000/- (Rupees Thirty One Lacs only). E. Pursuant to the oral agreement the Purchaser arranged for the payment of the said sum of Rs. 31,00,000/- (Rupees Thirty One Lacs only) to the Vendor vide Cheque No. 086101 dated 24.10.2009 drawn on Bank of India, Dr. D.N. Road Branch, Mumbai. The said payment

MR GAJANAN PARSHURAM KHISMATRAO,THANE vs. ITO WARD 3(2), KALYAN

ITA 817/MUM/2020[2010-11]Status: DisposedITAT Mumbai31 May 2023AY 2010-11

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Pranav PhadkeFor Respondent: Shri Satyaprakash Singh
Section 142(1)Section 143(3)Section 147Section 148Section 250Section 50C

53A of the Transfer of Property Act, 1882 (4 of 1882) ; or (vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co-operative society, company or other association of persons or by way of any agreement or any arrangement or in any other manner whatsoever) which has the effect of transferring, or enabling

VISWAAT CHEMICALS LIMITED,MUMBAI vs. CIT(A)-54, EARNEST HOUSE

In the result, original grounds no

ITA 3494/MUM/2023[2018-19]Status: DisposedITAT Mumbai15 Mar 2024AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalviswaat Chemicals Limited, 909/910 Eco Star, Vishweshwar Nagar, Behind Udupi Vihae Hotel, Mumbai-400 063 Pan: Aaacv4184B ...... Appellant Vs. Dcit Cen. Cir. 6(3), 102, 1St Floor, Earnest House, Ncpa Marg, Nariman Point Mumbai- 400021 ..... Respondent

For Appellant: Shri Ronak Doshi, Ld. ARFor Respondent: Ms. Rajeshwari Menon, Ld. DR
Section 234BSection 250Section 28Section 35Section 35(1)Section 35(1)(i)Section 37

section 53A of the Transfer of Property Act, 1882 (4 of 1882), the date on which he has so taken or retained possession of such land or part ;] (ii) notwithstanding anything contained in clause (i), where an asset representing an expenditure of a capital nature [incurred before the 1st day of April 1967,] ceases to be used in a previous

MAHADHAN AGRITECH LIMITED (FORMERLY KNOWN AS SMARTECHEM TECHNOLOGIES LTD ) ,MUMBAI vs. COMMISSIONER OF INCOME TAX (APPEALS)-50, MUMBAI

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

ITA 2226/MUM/2024[2015-16]Status: DisposedITAT Mumbai24 Feb 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2015-16 Mahadhan Agritech Ltd. (Formerly Cit(A)-50, Dcit Cen. 8(1), Known As Smartchem Technologies 656, Aayakar Bhavan, Vs. Ltd.), Mumbai-400021. Survey No. 93, Sai Hira, Mundhwa, Pune-411036. Pan No. Aacca 5046 P Appellant Respondent

For Appellant: Mr. Vijay MehtaFor Respondent: 28/11/2024
Section 132Section 153ASection 69A

section 153A of the fresh claim. Therefore, Therefore, respectfully, following the finding of the following the finding of the Special Bench in the case of SEW Infrastructure Ltd. (supra), the Special Bench in the case of SEW Infrastructure Ltd. ( Special Bench in the case of SEW Infrastructure Ltd. ( claim of the assessee claim of the assessee for provision for doubtful

SHRI KANNAN KASHI VISHWANATHAN,MUMBAI vs. DY CIT CC-5(2), MUMBAI

In the result, the appeals of the assessee for assess

ITA 4386/MUM/2018[2013-14]Status: DisposedITAT Mumbai31 May 2023AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Nilesh JoshiFor Respondent: Mr. Neehar Ranjan Pandey, CIT-DR
Section 132(1)Section 153A

section as on the date of search in relation to assessment as on the date of search in relation to assessment as on the date of search in relation to assessment years under reference years under reference, so the question of abatement has to be on of abatement has to be examined as to whether the limitation for issue

SHRI KANNAN KASHI VISHWANATHAN,MUMBAI vs. DY CIT CC-5(2), MUMBAI

In the result, the appeals of the assessee for assess

ITA 4385/MUM/2018[2012-13]Status: DisposedITAT Mumbai31 May 2023AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Nilesh JoshiFor Respondent: Mr. Neehar Ranjan Pandey, CIT-DR
Section 132(1)Section 153A

section as on the date of search in relation to assessment as on the date of search in relation to assessment as on the date of search in relation to assessment years under reference years under reference, so the question of abatement has to be on of abatement has to be examined as to whether the limitation for issue

SHRI KANNAN KASHI VISHWANATHAN,MUMBAI vs. DY CIT CC-5(2), MUMBAI

In the result, the appeals of the assessee for assess

ITA 4384/MUM/2018[2011-12]Status: DisposedITAT Mumbai31 May 2023AY 2011-12

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Nilesh JoshiFor Respondent: Mr. Neehar Ranjan Pandey, CIT-DR
Section 132(1)Section 153A

section as on the date of search in relation to assessment as on the date of search in relation to assessment as on the date of search in relation to assessment years under reference years under reference, so the question of abatement has to be on of abatement has to be examined as to whether the limitation for issue

SHRI KANNAN KASHI VISHWANATHAN,MUMBAI vs. DY CIT CC-5(2), MUMBAI

In the result, the appeals of the assessee for assess

ITA 4383/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 May 2023AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Nilesh JoshiFor Respondent: Mr. Neehar Ranjan Pandey, CIT-DR
Section 132(1)Section 153A

section as on the date of search in relation to assessment as on the date of search in relation to assessment as on the date of search in relation to assessment years under reference years under reference, so the question of abatement has to be on of abatement has to be examined as to whether the limitation for issue

SHRI KANNAN KASHI VISHWANATHAN,MUMBAI vs. DY CIT CC-5(2), MUMBAI

In the result, the appeals of the assessee for assess

ITA 4382/MUM/2018[2009-10]Status: DisposedITAT Mumbai31 May 2023AY 2009-10

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Nilesh JoshiFor Respondent: Mr. Neehar Ranjan Pandey, CIT-DR
Section 132(1)Section 153A

section as on the date of search in relation to assessment as on the date of search in relation to assessment as on the date of search in relation to assessment years under reference years under reference, so the question of abatement has to be on of abatement has to be examined as to whether the limitation for issue

SHRI KANNAN KASHI VISHWANATHAN,MUMBAI vs. DY CIT CC-5(2), MUMBAI

In the result, the appeals of the assessee for assess

ITA 4381/MUM/2018[2008-09]Status: DisposedITAT Mumbai31 May 2023AY 2008-09

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Nilesh JoshiFor Respondent: Mr. Neehar Ranjan Pandey, CIT-DR
Section 132(1)Section 153A

section as on the date of search in relation to assessment as on the date of search in relation to assessment as on the date of search in relation to assessment years under reference years under reference, so the question of abatement has to be on of abatement has to be examined as to whether the limitation for issue

SHRI KANNAN KASHI VISHWANATHAN,MUMBAI vs. DY. CIT CC-5(2), MUMBAI

In the result, the appeals of the assessee for assess

ITA 4387/MUM/2018[2014-15]Status: DisposedITAT Mumbai31 May 2023AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Nilesh JoshiFor Respondent: Mr. Neehar Ranjan Pandey, CIT-DR
Section 132(1)Section 153A

section as on the date of search in relation to assessment as on the date of search in relation to assessment as on the date of search in relation to assessment years under reference years under reference, so the question of abatement has to be on of abatement has to be examined as to whether the limitation for issue