STATE BANK OF INDIA,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX-2, MUMBAI

In the result, appeal of the assessee is dismissed

Disallowance under section 14A\n\n7.1 The learned PCIT erred in setting aside the\nsaid matter to the AO for examination without\nappreciating that the said issue is outside the\npurview of section 263

JASHAN JEWELS PRIVATE LIMITED ,MUMBAI vs. PCIT -5, MUMBAI

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2020-21 Jashan Jewels Pvt. Ltd., Pcit, Mumbai-5, 301-B Aman Chambers Room No. 515, 5Th Floor, Aayakar Premises Co. Soc. Ltd., Mama Vs. Bhavan, Maharshi Karve Road, Paramand Marg, Opera House, Mumbai-400020. Girgaon, Mumbai-400 004. Pan No. Aabcj 7040 D Appellant Respondent

disallowance under Section 37(1) and result in unintended tax benefits nder Section 37(1) and result in unintended tax benefits nder Section 37(1) and result in unintended tax benefits which would be inconsistent with the legislative framework which would be inconsistent with the legislative framework which would be inconsistent with the legislative framework governing CSR and tax deductions

GLAXO SMITH KLINE PHARMACEUTICALS LTD.,MUMBAI vs. THE PR. CIT -8, MUMBAI

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

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2014-15 Glaxo Smith Kline The Pcit-8, Pharmaceuticals Limited, Aayakar Bhavan, M.K. Road, Gsk House, Dr. Annie Besant Vs. Mumbai-400020. Road, Worli, Mumbai-400030. Pan No. Aaacg 4414 B Appellant Respondent Assessee By : None Revenue By : Mr. Rakesh Garg, Cit-Dr Date Of Hearing : 12/10/2022 Date Of Pronouncement : 12/10/2022

disallowance of section 263 of the Act in respect of issues ie () disallowance of section 263 of the Act in respect

MAHARASHTRA AIRPORT DEVELOPMENT,MUMBAI vs. PR CIT 3, MUMBAI

The appeal of the assessee is allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2011-12 M/S Maharashtra Airport Pr. Cit-3, Development Company 612, 6Th Floor, बनाम/ Ltd. Aayakar Bhavan, Vs. 8Th Floor, World Trade M. K. Road, Centre, Tower No.1, Mumbai-400020 Cuffe Parade, Mumbai-400005 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aadcm9623M

section (1) of section 263 of the Act there must be material before the Commissioner to consider that the order passed by the Income-tax Officer was erroneous in so far as it is prejudicial to the interests of the Revenue. We have already held what is erroneous. It must be an order which is not in accordance with

THE J.K. TRUST BOMBAY,MUMBAI vs. CIT (E), MUMBAI

The appeal of the assessee is allowed

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2012-13 M/S The J. K. Trust Cit (Exemption) Bombay, R. No.617, 6Th Floor, बनाम/ New Hind House, Piramal Chambers, Vs. Narottam Morrjee Marg, Lalbaug, Ballard Estate, Mumbai-400012 Mumbai-400001

263. The view taken by the Assessing Officer should not be a mere view in vacuum but a judicial view. It is well established that the Assessing Officer being a quasi-judicial authority cannot take a view, either against or in favour of the assessee/revenue, without making proper inquiries and without proper examination of the claim made by the assessee

BHUVNESHWARI VYAPAAR PRIVATE LTD ,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX P-CIT,MUMBAI-1, MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Bhuvneshwari Vyapaar Private Limited Pcit,Mumbai-1 710/A Wing Dattani Plaza Room No. 330, 3 R D Floor, Aayakar Vs. Commercial Premises, Safed Pool, Bhavan, M.K.Road, Mumbai-400 020 Andheri Kurla Road, Andheri East, Mumbai- 400 072 (Appellant) (Respondent) Pan No. Aadcb4386N

263 read with section 143 (3) and read with section 147 of the act on 2 – 3 – 2015 assessing the total income of the assessee at ₹ 474,760,117/– wherein the learned assessing officer made an addition of ₹ 47.35 crores on account of share application money in the books of accounts holding that the assessee has failed to prove

TATA SONS PRIVATE LTD.,MUMBAI vs. PR.CIT-2, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year: 2014-15 M/S. Tata Sons Pvt. Ltd., Pr. Cit 2, 24, Bombay House, Room No.552, Homi Mody Street, Vs. 5Th Floor, Fort, Mumbai – 400 001 Aayakar Bhavan, Pan: Aaact4060A M.K. Road, Mumbai - 400020 (Appellant) (Respondent) Present For: Assessee By : Shri Percy Pardiwala, A.R. Ms. Arati Vissanji, A.R. Revenue By : Shri R. Manjunatha Swamy, D.R. Date Of Hearing : 28.01.2020 Date Of Pronouncement : 20.04.2020 O R D E R

disallowance made under section 43B in the earlier year and the AO was fully justified in allowing the claim and thus the assessment order passed by the AO is not erroneous and it is for this reason also the exercise of jurisdiction under section 263

SH KELKAR & CO. LTD.,MUMBAI vs. PR. CIT-4, MUMBAI

In the result, the appeal of the assessee stands allowed

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2015-16 Sh Kelkar & Company Principal Commissioner Of Limited, Income-Tax-4, Devkaran Mansion, 36, Vs. Room No. 629, 6Th Floor, Mangaldas Road, Aayakar Bhavan, Mumbai-400 002. Mumbai-400020. Pan No. Aaacs 9778 G Appellant Respondent Assessee By : Shri J.D. Mistry, Sr. Advocate & Shri Harsh Kothari Revenue By : Dr. Kishor Dhule, Cit-Dr : Date Of Hearing 13/02/2023 Date Of Pronouncement : 20/02/2023

section 263 of the Act was bad in law was bad in law and therefore, declare the said order and therefore, declare the said order as null and void; as null and void; 2. Briefly stated, facts of the case are that the assessee filed Briefly stated, facts of the case are that the assessee filed Briefly stated, facts