319 ITR 306) (SC), Textile Machiner Corporation Ltd Vis CIT (107 ITR 195 (SC), CIT v. Indian Aluminum Co.Ltd. (

115 TTJ 469Income Tax Appellate Tribunal#16518 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 10AA Section 115JB Section 133A Section 143(3)Section 234B Section 80-IA Section 92BA Section 92F

Judgments citing 319 ITR 306) (SC), Textile Machiner Corporation Ltd Vis CIT (107 ITR 195 (SC), CIT v. Indian Aluminum Co.Ltd. (

Lotus Footwear Enterprises Limited-India Branch, Tiruvannamalai vs. DCIT, International Tax 1(2), Chennai

In the result all the four appeals of the assessee are allowed

ITA 800/CHNY/2022[2019-2020]Status: DisposedITAT Chennai25 Sept 2025AY 2019-2020

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

For Appellant: Shri. Sriram Seshadri, C.A. &For Respondent: Ms. Pavuna Sundari, C.I.T

Section 10A

…d and fresh plant and machinery is installed for production, the new unit cannot be stated to have come into existence upon splitting up or reconstruction of the existing business. 21. It is also submitted that this Tribunal in the case of DSM Soft (P) Ltd (115 TTJ 469) – (Page 1 of Case law compilation) has held that a unit which has otherwise been validly formed and meets the formative conditions as prescribed under the Act, should not be disentitled to the deduction u/s.10AA of the Act which is otherwise statutorily available merely based on the shift of some of employees from the existing unit, which is no…

Lotus Footwear Enterprises Limited-India Branch, Tiruvannamalai vs. DCIT, International Tax 1(2), Chennai

ITA 799/CHNY/2022[2018-2019]Status: DisposedITAT Chennai25 Sept 2025AY 2018-2019

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./It(Tp)A No.: 20/Chny/2021 &

Section 10ASection 115J

…ed and fresh plant and machinery is installed for production, the new unit cannot be stated to have come into existence upon splitting up or reconstruction of the existing business. 21. It is also submitted that this Tribunal in the case of DSM Soft (P) Ltd (115 TTJ 469) – (Page 1 of Case law compilation) has held that a unit which has otherwise been validly formed and meets the formative conditions as prescribed under the Act, should not be disentitled to the deduction u/s.10AA of the Act which is otherwise statutorily available merely based on the shift of some of employees from the existing unit, which is not…

The ACIT, Circle 2, Bharuch vs. M/S. Jayshree Aromatics Pvt. Ltd., Bharuch

In the result, the grounds of appeal raised by the revenue are dismissed

ITA 2277/AHD/2016[2011-12]Status: DisposedITAT Surat20 Jan 2022AY 2011-12

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) The Assistant Commissioner Jayshree Aromatics Pvt. Ltd., Of Income Tax, Plot No.4703, 4704, 4705/1-4, Vs Circle-2, Bharuch. Gidc Estate, Ankleshwar, Dist. Bharch – 393002. Pan: Aabcj 8258 R Appellant/ Revenue Respondent/ Assessee

Section 10BSection 143(3)Section 254(1)

…e) ii. Maral Overseas Ltd Vs ACIT – 136 ITD 177 (Indore SB) iii. Jayant Agro Organics Ltd, Vs JCIT – ITA No.5439/Mum/2001 iv. Birlasoft (India) Ltd vs. DCIT – (2015) 152 ITD 677 (Del) 10 Jayshree Aromatics Pvt. Ltd., Bharuch v. ITO(OSC) vs. DSM Soft (P) Ltd – 115 TTJ 469 (Chennai) 7. The ld.AR of the assessee further submits that in a various decisions, the Hon’ble Supreme Court and the Hon’ble Gujarat and Kolkata High Courts held that where new unit is came into existence by installing new plant and machinery, by employing substantial funds which increased production capacity and by employing additional labour f…

Smt. Garima Mehta, Gwalior vs. I.T.O., Ward-1(2), Gwalior

In the result, the appeal is partly allowed

ITA 343/AGR/2013[2009-10]Status: DisposedITAT Agra11 Jul 2018AY 2009-10

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

Section 10ASection 69

…s of the assessee, that there is no violation of the provisions of section 10A(2)(ii) of the Act and that the objection raised is a result of non-appreciation of these facts by the Authorities below. I.T.A No. 343/Agra/2013 20 In ‘ITO vs. DSM Soft P. Ltd.’, 115 TTJ 469 (Chennai), in facts similar to 41. those as arisen herein, it was held that where the new unit was set up with substantial investment and increase in a number of employees and the nature of service, it did not amount to splitting up or reconstruction of the existing business and the assessee was entitled to exemption u/s 10A. 42. The last object…

ACIT 8(1), Mumbai vs. Celetronix India P. Ltd, Mumbai

In the result the appeal of the revenue is dismissed and the cross-objection filed by the assessee is allowed

ITA 5433/MUM/2009[2003-04]Status: DisposedITAT Mumbai29 Apr 2016AY 2003-04

Bench: Shri Amit Shukla, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.5433/Mum/2009 (ननधधारण वषा / Assessment Year : 2003-04) बनधम/ Celetronix India Pvt Ltd, Asstt. Commissioner Of Income C/O Jabil Circuit (I) Pvt.Ltd., Tax -8(1), Vs. Arena House, 3Rd Floor, Plot No.103, Room No.210, 2Nd Floor, Road No.12, Opp Tunga Paradise, Aayaker Bhavan, Marol, Midc, Andheri (E), M K Road, Mumbai-400093 Mumbai-400020 स्थधयी ऱेखध सं./ Pan : Aaact7548K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. Cross-Objection No.81/Mum/2010 Arising Out Of I.T.A. No.5433/Mum/2009 (ननधधारण वषा / Assessment Year : 2003-04) Celetronix India Pvt Ltd, बनधम/ Asstt.Commissioner Of Income Tax 8(1), Vs. Mumbai-400020 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

For Appellant: Ms.Radha K NarangFor Respondent: S/Shri Sanjiv Shah, Shailesh

Section 10ASection 10A(9)Section 143(2)Section 143(3)

…R 677)(SC), CIT V/s Podar Cement Pvt.Ltd and others (226 ITR 625)(SC), CIT V/s Alom Extrusions Ltd (319 ITR 306) (SC), Textile Machiner Corporation Ltd Vis CIT (107 ITR 195 (SC), CIT V/s Indian Aluminum Co.Ltd. (108 ITR 367) (SC) and ITO V/s DCM Soft (P) Ltd (115 TTJ 469) (Chennai Tribunal). 7. We have considered the rival submissions and perused the relevant material placed before us and also various case laws referred to by both the parties. In the case of assessee the undisputed facts are that the assessee issued a 29952000 equity shares to Celetronix Mauritius Ltd resulting into a change in the shareholding p…