DCITCC 3(2) CEN RG 3, MUMBAI vs. HRISHIKESH D. PAI, MUMBAI

In the result , the appeal of the Revenue in ITA no

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.2766/Mum/2017 (नििाारण वर्ा / Assessment Year : 2012-13) बिाम/ Dcit, Cc 3(2) Cen Rg 3 Shri Hrishikesh D. Pai, R.No. 1913, 19Th Floor, C/O M/S. Pregnancy Air India Building, Advice & Services, V. Nariman Point, 304, Pearl Centre, Mumbai S.B. Marg, Dadar, Mumbai 400028 स्थायी ऱेखा सं./ Pan : Aabpp2139C (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Manoj Kumar Singh, Dr Assessee By : Shri. Vijay Mehta सुनवाई की तारीख /Date Of Hearing : 23.08.2018 घोषणा की तारीख /Date Of Pronouncement :26.09.2018 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 2766/Mum/2017, Is Directed Against Appellate Order Dated 05.12.2016 Passed By Learned Commissioner Of Income Tax (Appeals)-5, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 30.03.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2012-13. I.T.A. No.2766/Mum/2017

Gains of Business or Profession and Income from other Sources. 4. The Revenue has filed this appeal with tribunal late by 27 days beyond the time stipulated under Section 253(3) of the 1961 Act. The Revenue has submitted an application dated 01-08-2018 praying for condoning delay in filing this appeal with tribunal late by 27 days beyond

PRASHANT KOTHARI,SINGAPORE vs. CIT A (57) MUMBAI, OFFICE OF COMMISSIONER OF APPEALS MUMBAI

In the result, the additional ground of\nappeal is allowed

delay is hereby condoned and the appeal of the\nassessee is admitted for adjudication.\n\n3. Further, the Ld. AR has brought to our notice that the assessee has\nmoved an application seeking permission to raise following additional\ngrounds of appeal which read as under:\n\n\" 1. On the facts and circumstances of the case

ACIT CIR 4(2), MUMBAI vs. VIMLA S. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

A.C.I.T. 4(2), MUMBAI vs. VIMLA SURESH JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR 4(2), MUMBAI vs. SURESH K JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

A.C.I.T. 4(2), MUMBAI vs. SURESH K. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

SURESH K JAJOO,MUMBAI vs. ACIT CIR 4(2), MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR-4(2), MUMBAI vs. M/S. VIMLA S. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR-4(2), MUMBAI vs. M/S. SURESH K. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

ACIT CIR 4(2), MUMBAI vs. SURESH K JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

DCIT 4(2), MUMBAI vs. VIMLA S. JAJOO, MUMBAI

In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

capital gains according to the period of holding as per the provisions of law for these assessment years also. 10. In view of our above discussion, the appeal of the Revenue is hereby dismissed. ITA No.4366/M/2012 for A.Y. 2005-06 (Assessee’s appeal) 11. The assessee, in this appeal, has agitated the action of the lower authorities in making

UNIVERSAL MEDICARE P.LTD,MUMBAI vs. DCIT CEN CIR 3(2), MUMBAI

In the result this ground of appeal is allowed for

Bench: Shri Pawan Singh & Shri S. Rifaur Rahmanuniversal Medicare Pvt. Ltd., Dcit, Central Cricle-3(2), Capsulation Premises, Mumbai (Erstwhile Asst. Sion Trombay Road, Deonar, Vs. Commissioner Of Income Mumbai-400088. Tax, Cc-20, Mumbai), Room No. 1923, 19Th Floor, Pan: Aaacu0717B Air India Building, Nariman Point, Mumbai-400021. Appellant Respondent C.O. No. 268/Mum/2017 (Assessment Year 2012-13) Dcit, Central Cricle-3(2), Universal Medicare Pvt. Ltd., Mumbai (Erstwhile Asst. Capsulation Premises, Commissioner Of Income Vs. Sion Trombay Road, Deonar, Tax, Cc-20, Mumbai), Room Mumbai-400088. No. 1923, 19Th Floor, Air Pan: Aaacu0717B India Building, Nariman Point, Mumbai-400021. Appellant Respondent Appellant By : Shri J.D. Mistry Senior Advocate With Shri Manish Shah Advocate Respondent By : Mrs. S. Padmaja (Cit-Dr)

condoning such delay which is bonafide and there was no intentional and deliberate delay. 15. We have considered the submission of both the parties and noted that in the additional ground of appeal, the assessee has claimed that in computing capital gain