ASHOK LEYLAND LIMITED,CHENNAI vs. DCIT NON CORP CIRCLE 8(1) - LTU - II, CHENNAI
What did the Tribunal hold?
The Tribunal allowed weighted deduction on R&D expenditure, following its own prior decision. It also accepted the alternate submission for allowing forex loss deduction in the year it is charged to P&L. The Tribunal upheld the CIT(A)'s decision regarding non-deduction of TDS on foreign payments based on DTAA provisions.
What were the facts?
The assessee claimed weighted deduction on R&D expenditure and deduction for forex loss on hedge reserve. The Revenue appealed against the disallowance of TDS on certain foreign payments.
What were the issues?
Whether weighted deduction on R&D expenditure is allowable without specific DSIR approval of expenditure and if forex loss on hedge reserve is deductible. Also, whether TDS was required on foreign payments for services covered under DTAA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- CIT v. Woodward Governor India Pvt. Ltd.968 citing312 ITR 254 · 2009 · SC · Read judgment
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI S.R.RAGHUNATHA
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER ABY T. VARKEY, JM: These are cross appeals preferred by the assessee as well as the Revenue against the order of the Learned Commissioner of Income Tax M/s. Ashok Leyland L
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Assistant Commissioner of Income Tax… vs Coastal Energy Private Limited (Under…Chennai25 Oct 2024Partly Allowed
Also relies on CIT v. Woodward Governor India Pvt. Ltd.
The Tribunal held that the provision for forex loss and loss on forward contracts were allowable business expenses. For AY 2008-09, the revenue's appeal was dismissed, aligning with the CIT(A)'s deletion of disallowances...
- Grasim Industries Limited (As A Successor… vs Addl CIT Ltu, MumbaiMumbai28 Dec 2023Partly Allowed
Also relies on CIT v. Woodward Governor India Pvt. Ltd.
The Tribunal partly allowed the assessee's appeal and dismissed the Revenue's appeal. Several grounds raised by both parties were decided based on previous decisions of the Tribunal in the assessee's own case for earlier...
- M/S Bosch Limited, Bangalore vs Assistant Commissioner of Income Tax Ltu…Bangalore13 Sept 2022Partly Allowed
Also relies on CIT v. Woodward Governor India Pvt. Ltd.
The Tribunal held that the issue of deduction under Section 35(2AB) is covered by a coordinate bench decision in the assessee's own case, allowing deduction on gross expenditure. The issue of DDT was set aside to the AO ...
- Biocon Limited, Bangalore vs JCIT, BangaloreBangalore12 Nov 2021Partly Allowed
Also relies on CIT v. Woodward Governor India Pvt. Ltd.
The Tribunal allowed the assessee's appeal regarding education cess, directing it to be considered as a deduction. For the interest income issue under Sections 10AA and 10B, the Tribunal remanded it to the AO for verific...
- Ranbaxy Laboratories Ltd., Delhi vs DCIT, New DelhiAhmedabad5 Sept 2019Partly Allowed
Also relies on CIT v. Woodward Governor India Pvt. Ltd.
The Tribunal partly allowed the assessee's appeal, holding that certain write-backs of provisions could not be taxed again if already taxed in a preceding year. However, relief under section 115JB was restricted to the a...
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
- Ceat Limited, Mumbai vs Assisstant Commissioner of Income-Tax…ITA 8146/MUM/2025[2020-21]Status: Disposed29 Sept 2026AY 2020-21
- 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
Latest GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026
