105 Taxman 256 (Del.) 6. DCIT v. Warner Lambert (I) Pvt. Ltd.

143 TTJ 571Income Tax Appellate Tribunal2012#12160 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 331,145 Indian tax judgments — from 2016 to 2024.

Sections most often in play

Section 10(10C)Section 10(15)(iv)Section 10(34)Section 14ASection 35DDASection 36(1)(iv)Section 37Section 44C

Issues it is cited on

section 10(10c)section 35ddasection 35ddapproved gratuity fundsection 44csection 10(15)section 35dretrospective amendmentsection 192section 36(1)(iv)cup methodbusiness connection

Judgments citing 105 Taxman 256 (Del.) 6. DCIT v. Warner Lambert (I) Pvt. Ltd.

The Hongkong and Shanghai Banking Corporation Ltd, Mumbai vs. Addl DIT (It) -3, Mumbai

In the result, the captioned appeals by the assessee are partly allowed and that of the revenue are partly allowed

ITA 7010/MUM/2016[2008-09]Status: DisposedITAT Mumbai28 Jun 2024AY 2008-09

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Ble

…ts to redundant employees per the sample letters of separation / termination of employees is different than the manner contained in the VRS scheme. 27. The said proposition has also been upheld by the Mumbai ITAT in the case of Warner Lambert (India)(P.) Ltd (143 TTJ 571), which has identical facts to the Assessee's. The relevant extracts of the said order are reproduced below (emphasis supplied): "17. We have considered the submissions of both the parties. Sec. 35DDA (1) of the Act reads as under : "35DDA. (1) Where an assessee incurs any expenditure in any previous year by way of payment of any sum to an employ…

DCIT (It) 2(2)(2), Mumbai vs. The Hongkong and Shanghai Banking Corp Ltd, Mumbai

In the result, the captioned appeals by the assessee are partly allowed and that of the revenue are partly allowed

ITA 4788/MUM/2016[2007-08]Status: DisposedITAT Mumbai28 Jun 2024AY 2007-08

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Ble

…ts to redundant employees per the sample letters of separation / termination of employees is different than the manner contained in the VRS scheme. 27. The said proposition has also been upheld by the Mumbai ITAT in the case of Warner Lambert (India)(P.) Ltd (143 TTJ 571), which has identical facts to the Assessee's. The relevant extracts of the said order are reproduced below (emphasis supplied): "17. We have considered the submissions of both the parties. Sec. 35DDA (1) of the Act reads as under : "35DDA. (1) Where an assessee incurs any expenditure in any previous year by way of payment of any sum to an employ…

DCIT 2(2)(2), Mumbai vs. The Hongkong and Shanghai Banking Corp Ltd, Mumbai

In the result, assessee’s appeals are allowed wherein

ITA 4786/MUM/2016[2005-06]Status: DisposedITAT Mumbai30 Apr 2024AY 2005-06

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

Section 10(15)(iv)Section 10(34)Section 143(3)Section 14A

…separation / termination of employees is different than the manner contained in the VRS scheme. M/s. Hongkong & Shanghai Banking Corporation Ltd. 27. The said proposition has also been upheld by the Mumbai ITAT in the case of Warner Lambert (India)(P.) Ltd (143 TTJ 571), which has identical facts to the Assessee's. The relevant extracts of the said order are reproduced below (emphasis supplied): "17. We have considered the submissions of both the parties. Sec. 35DDA (1) of the Act reads as under : "35DDA. (1) Where an assessee incurs any expenditure in any previous year by way of payment of any sum to an employ…

The Hong Kong & Shanghai Banking Corporation Ltd., Mumbai vs. Jt. Director of Income Tax (International Taxation) - Range -3, Mumbai

In the result, assessee’s appeals are allowed wherein

ITA 4765/MUM/2016[2005-06]Status: DisposedITAT Mumbai30 Apr 2024AY 2005-06

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

Section 10(15)(iv)Section 10(34)Section 143(3)Section 14A

…separation / termination of employees is different than the manner contained in the VRS scheme. M/s. Hongkong & Shanghai Banking Corporation Ltd. 27. The said proposition has also been upheld by the Mumbai ITAT in the case of Warner Lambert (India)(P.) Ltd (143 TTJ 571), which has identical facts to the Assessee's. The relevant extracts of the said order are reproduced below (emphasis supplied): "17. We have considered the submissions of both the parties. Sec. 35DDA (1) of the Act reads as under : "35DDA. (1) Where an assessee incurs any expenditure in any previous year by way of payment of any sum to an employ…

DDIT (It) 3(1), Mumbai vs. Hongkong & Sanghai Banking Corporation Ltd, Mumbai

In the result, assessee’s appeals are allowed wherein

ITA 7824/MUM/2010[2004-05]Status: DisposedITAT Mumbai30 Apr 2024AY 2004-05

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL, ‘H’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL, ACCOUNTANT MEMBER ITA No.7336/Mum/2010 (Assessment Year :2004-05) & ITA No.4765/Mum/2016 (Assessment Year :2005-06) The Hongkong & Shanghai Banking Corporation Ltd. Srnior Vice President Tax, India Area Management 5th Floor, Hongkong Bank Building, 52/60, MG Road Fort, Mumbai – 400 001 (Appellant) Vs. The Joint Director of Income Tax (International Taxation)-3, Mumbai 1st Flo

Section 10(15)(iv)Section 10(34)Section 143(3)Section 14A

…separation / termination of employees is different than the manner contained in the VRS scheme. M/s. Hongkong & Shanghai Banking Corporation Ltd. 27. The said proposition has also been upheld by the Mumbai ITAT in the case of Warner Lambert (India)(P.) Ltd (143 TTJ 571), which has identical facts to the Assessee's. The relevant extracts of the said order are reproduced below (emphasis supplied): "17. We have considered the submissions of both the parties. Sec. 35DDA (1) of the Act reads as under : "35DDA. (1) Where an assessee incurs any expenditure in any previous year by way of payment of any sum to an employ…

The Hongkong & Shanghai Banking Corporation Ltd, Mumbai vs. DDIT (It) 3(1), Mumbai

In the result, assessee’s appeals are allowed wherein

ITA 7336/MUM/2010[2004-05]Status: DisposedITAT Mumbai30 Apr 2024AY 2004-05

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL, ACCOUNTANT MEMBER & The Hongkong & Shanghai Banking Corporation Ltd. Srnior (Vice President)

Section 10(15)(iv)Section 10(34)Section 143(3)Section 14A

…separation / termination of employees is different than the manner contained in the VRS scheme. M/s. Hongkong & Shanghai Banking Corporation Ltd. 27. The said proposition has also been upheld by the Mumbai ITAT in the case of Warner Lambert (India)(P.) Ltd (143 TTJ 571), which has identical facts to the Assessee's. The relevant extracts of the said order are reproduced below (emphasis supplied): "17. We have considered the submissions of both the parties. Sec. 35DDA (1) of the Act reads as under : "35DDA. (1) Where an assessee incurs any expenditure in any previous year by way of payment of any sum to an employ…

Asst CIT (Ltu) 2, Mumbai vs. Asian Paints Ltd, Mumbai

In the result, appeal filed by the assessee is partly allowed as directed above

ITA 4675/MUM/2015[2010-11]Status: DisposedITAT Mumbai23 Feb 2022AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Asst. Commissioner Income Asian Paints Ltd. Tax, (Large Taxpayer Unit)-2, 6A Shanti Nagar, Cuffe Parade,, 29 Th Floor, Santacruz (East), World Trade Centre, Cuffee Mumbai-400 055 Vs. Parade, Mumbai-400 005 (Respondent) (Appellant) Pan No. Aaaca3622K Asian Paints Ltd. Vs. Addl. Commissioner Of 6A Shanti Nagar, Income Tax-Ltu Cuffe Parade,, 29 Th Floor, Santacruz (East), Mumbai-400 055 World Trade Centre, Cuffee Parade, Mumbai-400 005 (Appellant) (Respondent) Appellant By : Shri Milind Chavan, Sr Dr Respondent By : Shri Madhur Agrawal, Advocate Date Of Hearing: 09.12.2021 Date Of Pronouncement : 23.02 .2022 O R D E R Per Prashant Maharishi, Am: 01. These Are Cross Appeals Filed By Asian Paints Ltd [Appellant/Assessee] & The Additional Commissioner Of Income Tax – Large Taxpayers Unit

For Appellant: Shri Milind Chavan, Sr DRFor Respondent: Shri
Section 14ASection 35

…(Del.) 4. CIT v/s Citi Financial Consumer Finance Ltd., [2011-TOIL-309-HC-Del-IT) ITA No.4675 & 3290/Mum/2015 Asian Paints Ltd; AY 10-11 5. CIT v/s Adidas India Marketing P. Ltd., [2010] 105 Taxman 256 (Del.) 6. DCIT v/s Warner Lambert (I) Pvt. Ltd. [2012] 143 TTJ 571 (Mum.)(Trib.) He further submitted that the learned Commissioner (Appeals) has allowed these expenses in the assessment years 2007-08 and 2008-09. 27. The learned Departmental Representative, on the other hand, relied heavily upon the order of the Assessing Officer as well as the DRP. 28. We have heard the rival contentions, perused the relevan…

CIT vs. Dharampal Satyapal

ITA/1003/2011HC Delhi06 Jan 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

For Appellant: Mr Raghvendra Kumar Singh, Junior StandingFor Respondent: Mr Ajay Vohra, Senior Advocate with Ms Kavita Jha
Section 260ASection 43Section 43(6)(c)Section 50B

…ock of assets was transferred. He submitted that Section 50B of the Act read with Clause C was independent of other provisions of Section 43(6)(c)(i) of the Act. 8. Mr Singh also referred to the decision of ITAT Mumbai in DCIT v. Warner Lambert: (2012) 143 TTJ 571 (Mum.). He also disputed the contention advanced on behalf of the Assessee that even if the depreciation was allowed in AY 2000-01, the same would have been carried forward as unabsorbed depreciation and set off against short term capital gains arising on a ITA 1003/2011 Page 6 of 31 slump sale of the undertaking. He submitted that…