DY CIT, CIRCLE-8(2)(1), MUMBAI vs. M/S SIEMENS TECHNOLOGY & SERVICES P. LTD ( FORMERLY KNOWN AS SIEMENS INFORMATION SYSTEMS LTD.), MUMBAI

ITA 287/MUM/2021Status: DisposedITAT Mumbai02 November 2022AY 2004-0514 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CIT(A) was justified in deleting the disallowance. The assessee had provided documentary evidence to show that each unit was physically separate, had STPI approvals, and maintained separate lines of business and employees, fulfilling the conditions for Section 10A deduction.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of disallowance made towards deduction claimed by the assessee under Section 10A of the Income Tax Act for AY 2003-04 and 2004-05. The AO had disallowed the deduction, alleging that the units were not independent and lacked separate accounts, with overlapping work and resource usage.

What were the issues?

Whether the assessee's units were independent and eligible for deduction under Section 10A, and if the CIT(A) was justified in deleting the AO's disallowance based on the evidence presented.

Which sections of the Income-tax Act were involved?

Section 10A

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Cases cited in this judgment(2)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, ‘E‘ BENCH

Before: SHRI M.BALAGANESH & SHRI PAVAN KUMAR GADALE&

For Appellant: Shri Pooja Bhattacharjee
For Respondent: Shri Manoj Kumar / Ms. Rajni Rani
Hearing: 02/11/2022Pronounced: 02/11/2022

PER BENCH:

These appeals in ITA No. 286/Mum/2021 & 287/Mum/2021 for A.Y.2003-04 & 2004-05 arises out of the order by the ld. Commissioner of Income Tax (Appeals)- 15 Mumbai in appeal No.CIT(A)15/10829/2019-20, CIT(A)15/10034/2019-20, dated 31/07/2020 & 17/02/2020 respectively (ld. CIT(A) in short) against the M/s. Siemens Technology & Services Pvt Ltd.,

order of assessment passed u/s.143(3) r.w.s 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 03/04/2012 by the ld. Asst. Commissioner of Income Tax, Circle 7(2), Mumbai (hereinafter referred to as l

The order continues below.

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