CREST SPECIALITY RESINS PRIVATE LIMITED,KHEDA, GUJARAT vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), AHMEDABAD (NOW DCIT, CIRCLE 1(1)(1), AHMEDABAD), AHMEDABAD, GUJARAT
What did the Tribunal hold?
The Tribunal held that the requirement of quantification in Form 3CL was not applicable for the assessment year in question and that electrical installations are eligible for depreciation at 15% as part of Plant and Machinery.
What were the facts?
The assessee claimed weighted deduction for R&D expenditure and depreciation on electrical installations. The Assessing Officer and CIT(A) restricted these claims, leading to the present appeals.
What were the issues?
Whether weighted deduction for R&D expenditure can be denied for non-quantification in Form 3CL and whether electrical installations qualify for depreciation as Plant and Machinery at 15%.
Which sections of the Income-tax Act were involved?
Section 35(2AB),Section 40A(2)(b),Section 37(1),Section 35(1),Section 250
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Cases cited in this judgment(7)Show listHide 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.
- Cummins India Ltd. v. DCIT67 citing96 Taxmann.com 576 · 2018 · ITAT · Read judgment
- Sun Pharmaceutical Industries Ltd. v. Pr.CIT47 citing162 ITD 484 · 2017 · ITAT
- CIT v. Sun Pharmaceutical Industries Ltd.34 citing250 Taxmann 270 · 2017 · HC
- Trib.) (iii) DCIT v. M/s. STP Ltd.18 citing85 Taxmann.com 80 · 2017 · HC
- Provimi Animal Nutrition India Private Limited v. PCIT17 citing124 Taxmann.com 73 · 2021 · ITAT
- Sun Pharmaceuticals Industries Ltd. v. Pr.CIT15 citing77 Taxmann.com 202 · 2017
- Reliance Industries Ltd. v. ACIT3 citing143 Taxmann.com 194 · 2022
Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: SMT. ANNAPURNA GUPTA & SHRI SIDDHARTHA NAUTIYAL
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
These appeals have been filed by the Assessee against the orders passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”), National Faceless Appeal Centre (in short “NFAC”), Delhi vide orders dated 09.05.2024 passed for A.Ys. 2015-16 & 2016-17. Since common facts and issues for consideration are involved for both the years under consideration, both appeals filed by the assessee are being taken up together.
First we shall deal with Assessee’s Appeal in ITA No. 1583/Ahd/2024 (A.Y. 2015-16)
T
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More judgments on Section 35(2AB)
- Aeon Formulations Private Limited, Chennai vs Income Tax Officer, Corporate Ward 2(1)…ITA 2481/CHNY/2026[2018-19]Status: Disposed12 Oct 2026AY 2018-19
- Devarsons Industries Pvt.Ltd., Ahmedabad vs The D.C.I.T. Circle-1(1)(1), AhmedabadITA 2327/AHD/2026[2018-19]Status: Disposed29 Sept 2026AY 2018-19
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- Forbes Marshall Pvt. Ltd., Pune vs Income Tax Officer Circle 8, PuneITA 3206/PUN/2025[2017-18]Status: Disposed28 Sept 2026AY 2017-18
- Pochjraja Industries Ltd., Hosur vs ACIT, Circle-1, HosurITA 1072/CHNY/2025[2013-14]Status: Disposed23 Sept 2026AY 2013-14
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