ACIT v. M/s.Micro Labs Ltd.

380 ITR 1Supreme Court of India2016#6483 most cited
18

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2024.

Issues it is cited on

section 80absection 80hsection 80hhcdeduction under section 80iasection 80hhsection 251(2)section 80aeligible businesssection 80iasection 80isection 251reasoned order

Judgments citing ACIT v. M/s.Micro Labs Ltd.

INOX INDIA LIMITED,VADODARA vs. THE ACIT, CIRCLE-1(2) NOW CIRCLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is partly allowed for assessment year 2000-2001 and other years before us, on the above two issues which were argued before us

ITA 524/AHD/2023[2004-05]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2004-05

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Milin Mehta, A.RFor Respondent: Shri Waghe Prasad Rao, Sr. DR
Section 251Section 251(2)Section 801A(9)Section 801HSection 80H

…ng after the claim of deduction under section 80IA of the Act. 3. He pointed out that this issue had been referred to a Larger Bench of the Supreme Court in view of divergent views of the Hon'ble Judges in the case of ACIT Vs. M/s.Micro Labs Ltd. reported in 380 ITR 1 (SC).That pending disposal of this reference the present appeals were being adjourned time and again; that now this reference to the Larger Bench had been disposed of as dismissed. The ld.counsel for the assessee stated, therefore, that the issue had to be adjudicated in the light of the prevailing judgments of Hon'ble High Courts. He pointed out t…

INOX INDIA LIMITED,VADODARA vs. THE ACIT, CIRCLE-1(2) NOW CIRCLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is partly allowed for assessment year 2000-2001 and other years before us, on the above two issues which were argued before us

ITA 523/AHD/2023[2003-04]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2003-04

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Milin Mehta, A.RFor Respondent: Shri Waghe Prasad Rao, Sr. DR
Section 251Section 251(2)Section 801A(9)Section 801HSection 80H

…ng after the claim of deduction under section 80IA of the Act. 3. He pointed out that this issue had been referred to a Larger Bench of the Supreme Court in view of divergent views of the Hon'ble Judges in the case of ACIT Vs. M/s.Micro Labs Ltd. reported in 380 ITR 1 (SC).That pending disposal of this reference the present appeals were being adjourned time and again; that now this reference to the Larger Bench had been disposed of as dismissed. The ld.counsel for the assessee stated, therefore, that the issue had to be adjudicated in the light of the prevailing judgments of Hon'ble High Courts. He pointed out t…

INOX INDIA LIMITED,VADODARA vs. THE ACIT, CIRCLE-1(2) NOW CIRCLE- 1(1)(1), VADODARA

In the result, the appeal of the assessee is partly allowed for assessment year 2000-2001 and other years before us, on the above two issues which were argued before us

ITA 522/AHD/2023[2002-03]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2002-03

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Milin Mehta, A.RFor Respondent: Shri Waghe Prasad Rao, Sr. DR
Section 251Section 251(2)Section 801A(9)Section 801HSection 80H

…ng after the claim of deduction under section 80IA of the Act. 3. He pointed out that this issue had been referred to a Larger Bench of the Supreme Court in view of divergent views of the Hon'ble Judges in the case of ACIT Vs. M/s.Micro Labs Ltd. reported in 380 ITR 1 (SC).That pending disposal of this reference the present appeals were being adjourned time and again; that now this reference to the Larger Bench had been disposed of as dismissed. The ld.counsel for the assessee stated, therefore, that the issue had to be adjudicated in the light of the prevailing judgments of Hon'ble High Courts. He pointed out t…

INOX INDIA LIMITED,VADODARA vs. THE DCIT, CIRCLE-1 NOW CIRCLE 1(1)(1), VADODARA

In the result, the appeal of the assessee is partly allowed for assessment year 2000-2001 and other years before us, on the above two issues which were argued before us

ITA 521/AHD/2023[2000-01]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2000-01

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Milin Mehta, A.RFor Respondent: Shri Waghe Prasad Rao, Sr. DR
Section 251Section 251(2)Section 801A(9)Section 801HSection 80H

…ng after the claim of deduction under section 80IA of the Act. 3. He pointed out that this issue had been referred to a Larger Bench of the Supreme Court in view of divergent views of the Hon'ble Judges in the case of ACIT Vs. M/s.Micro Labs Ltd. reported in 380 ITR 1 (SC).That pending disposal of this reference the present appeals were being adjourned time and again; that now this reference to the Larger Bench had been disposed of as dismissed. The ld.counsel for the assessee stated, therefore, that the issue had to be adjudicated in the light of the prevailing judgments of Hon'ble High Courts. He pointed out t…

NIRMA LIMITED,AHMEDABAD vs. THE DCTI , CIRCLE-3(1)(1) NOW DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD

In the result the appeal of the assessee is partly allowed

ITA 474/AHD/2023[2003-04]Status: DisposedITAT Ahmedabad03 Apr 2024AY 2003-04

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2003-04 Nirma Limited Dcit, Cir.3(1)(1) Nirma House Vs Ahmedabad. Ashram Road Ahmedabad. Pan : Aaacn 5350 K (Applicant) (Responent) : Assessee By Shri Bandish Soparkar, Ar : Revenue By Ms. Saumya Pandey Jain, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 01/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/04/2024 आदेश आदेश/O R D E R आदेश आदेश

Section 250(6)Section 80HSection 80I

…claim of deduction under section 80IA of the Act. 4. At the outset, the ld.counsel for the assessee conceded that this issue stood decided against the assessee by the Larger Bench of the Supreme Court in the case of ACIT Vs. M/s.Micro Labs Ltd., reported in 380 ITR 1 (SC). The Larger Bench’s decision has arisen in view of divergent view of the Hon’ble Judges in the said case. It was pointed out by the ld.counsel for the assessee that on similar issue the jurisdictional High Court has decided the issue against assessee in the case of CIT Vs. Atul Intermediates, 45 taxmann.com 275 (Guj), and therefore, the ld.cou…

ACIT, BANGALORE vs. M/S. ABB LIMITED, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 897/BANG/2008[2003-04]Status: DisposedITAT Bangalore23 Jul 2021AY 2003-04

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

…of export business, the exclusion of deduction claimed under section 80IA is not contemplated or included. The learned DR on the other hand submitted that on identical issue, a Division Bench of the Hon’ble Supreme Court in the case of ACIT Vs. Microlab Ltd., 380 ITR 1 (SC) has rendering conflicting decisions, one judge taking the view that an assessee who has claimed deduction in respect of profits under section 80IB of the Act cannot be allowed deduction in respect of the same profit under section 80HHC of the Act, the other Hon’ble Judge taking a contrary view. The matter has been placed before the Hon’ble Chi…

ACIT, BANGALORE vs. M/S. ABB LIMITED, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 896/BANG/2008[2002-03]Status: DisposedITAT Bangalore23 Jul 2021AY 2002-03

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

…of export business, the exclusion of deduction claimed under section 80IA is not contemplated or included. The learned DR on the other hand submitted that on identical issue, a Division Bench of the Hon’ble Supreme Court in the case of ACIT Vs. Microlab Ltd., 380 ITR 1 (SC) has rendering conflicting decisions, one judge taking the view that an assessee who has claimed deduction in respect of profits under section 80IB of the Act cannot be allowed deduction in respect of the same profit under section 80HHC of the Act, the other Hon’ble Judge taking a contrary view. The matter has been placed before the Hon’ble Chi…

M/S. ABB LIMITED(FORMERLY ASEA BROWN BOVERI LIMITED),BANGALORE vs. ACIT, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 791/BANG/2008[2003-04]Status: DisposedITAT Bangalore23 Jul 2021AY 2003-04

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

…of export business, the exclusion of deduction claimed under section 80IA is not contemplated or included. The learned DR on the other hand submitted that on identical issue, a Division Bench of the Hon’ble Supreme Court in the case of ACIT Vs. Microlab Ltd., 380 ITR 1 (SC) has rendering conflicting decisions, one judge taking the view that an assessee who has claimed deduction in respect of profits under section 80IB of the Act cannot be allowed deduction in respect of the same profit under section 80HHC of the Act, the other Hon’ble Judge taking a contrary view. The matter has been placed before the Hon’ble Chi…

M/S. ABB LIMITED(FORMERLY ASEA BROWN BOVERI LIMITED),BANGALORE vs. DCIT, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 790/BANG/2008[2002-03]Status: DisposedITAT Bangalore23 Jul 2021AY 2002-03

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

…of export business, the exclusion of deduction claimed under section 80IA is not contemplated or included. The learned DR on the other hand submitted that on identical issue, a Division Bench of the Hon’ble Supreme Court in the case of ACIT Vs. Microlab Ltd., 380 ITR 1 (SC) has rendering conflicting decisions, one judge taking the view that an assessee who has claimed deduction in respect of profits under section 80IB of the Act cannot be allowed deduction in respect of the same profit under section 80HHC of the Act, the other Hon’ble Judge taking a contrary view. The matter has been placed before the Hon’ble Chi…

M/S SUTURES INDIA PVT LTD vs. THE COMMISSIONER OF INCOME TAX

In the result the substantial questions of law are

ITA/115/2010HC Karnataka13 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(1)Section 143(3)Section 260Section 260ASection 263Section 80HSection 80I

…reliance has been placed on decisions in 'SRI.B.R.MURTHY (HUF) VS. ITO IN ITA NO.686/2009 DATED 30.11.2009, 'CIT VS. A.N.ARUNACHALAM', (1994) 208 ITR 481 (MADRAS), 'CIT VS. MILLIPORE INDIA P. LTD.', 341 ITR 219 (KAR.), 'ACIT VS. MICRO LABS LTD.', (2016) 380 ITR 1, 'MALABAR INDUSTRIAL CO. 7 LTD. VS. CIT 243 ITR 83 (SC), 'COMMISSIONER OF INCOME-TAX VS. G.M.MITTAL STAINLESS STEEL (P.) LTD', 263 ITR 255 (SC) AND 'CIT VS. M/S SARAVANA DEVELOPERS IN ITA NOS.68/2014 C/W 67/2017 (KARNATAKA). 4. On the other hand, learned counsel for the revenue submitted that the controversy is pending before the larger…

M/S YENEPOYA RESINS & CHEMICALS vs. THE DEPUTY COMMISSIONER OF INCOME TAX

In the result, we do not find any merit in this

ITA/85/2010HC Karnataka08 Jan 2020

Bench: ALOK ARADHE,RAVI V HOSMANI

Section 260Section 36(1)(iii)Section 37Section 80Section 80H

…IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE RAVI V. HOSMANI I.T.A. NO.85 OF 2010 BETWEEN: M/S. YENEPOYA RESINS & CHEMICALS ASHOKNAGAR, MANGALORE-575006 REP. BY ITS PARTNER SRI. ABDULLA KUNHI AGED ABOUT 63 YEARS S/O SRI. Y. MOIDEEN KUNHI. ... APPELLANT (By Smt. JINITA CHATTERJEE, ADV., FOR Sri. S. PARTHASARATHI, ADV.,) AND: THE DEPUTY COMMISSIONER OF INCOME-TAX INVESTIGATION CIRCLE C.R. BUILDING, N.G. ROAD ATTAVR, MANGALORE-575001. ... RESPONDENT (By Sri.…

M/S. INDAGRO FOODS LTD.,MUMBAI vs. ACIT - (OSD) 2(1), MUMBAI

In the result, appeal of the assessee is allowed

ITA 7342/MUM/2008[2003-2004]Status: DisposedITAT Mumbai26 Apr 2019AY 2003-2004

Bench: Shri Pawan Singh & Shri N.K. Pradhan

For Appellant: Shri Percy Pardiwala, with Ms. Vasanti PatelFor Respondent: Shri Chaitnya Anjaria and Sh. Manoj Kumar Singh (Sr.DR’s)
Section 254(1)Section 80HSection 80I

…e simultaneous deductions under section 80IB and 80 HHC was allowed and the contrary decisions of Delhi High Court in Great Eastern Export (332 ITR 14) has been referred by Hon’ble Apex Court for larger bench on 10th December 2015 in ACIT Vs Micro Labs Ltd (380 ITR 1). This fact was confronted with ld AR for the assessee and was asked if any decision has rendered by Hon’ble Supreme Court on the reference made to larger bench till now. 28. The ld. AR for the assessee submitted that the Hon’ble Apex Court has not stayed the operation of decision of the Hon’ble Bombay high Court in Associated Capsules (P) Ltd (s…

SAFEPACK INDUSTRIES LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

In the result, the appeal is allowed

ITA 2376/PUN/2017[2003-04]Status: DisposedITAT Pune11 Dec 2018AY 2003-04

Bench: Shri R.S. Syal

Section 143(1)Section 147Section 80HSection 80I

…deduction allowable under s. 80HHC has to be computed on the profits of the business as reduced by the profits allowed as deduction under s. 80-IA. It is further relevant to note that the Hon’ble Supreme Court in the case of ACIT vs. Micro Labs Ltd. (2016) 380 ITR 1 (SC) has referred this matter to the larger bench after considering the judgment of Hon’ble jurisdictional High Court in the case of Associated Capsules (P) Ltd. (supra). The Hon’ble Bombay High Court in CIT Vs. Merck Ltd. (2016) 7 Safepack Industries Limited 389 ITR 70 (Bom.) was once again confronted with the same controversy. After consider…

ACIT, NEW DELHI vs. M/S. L.T. OVERSEAS LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 5426/DEL/2011[2000-01]Status: DisposedITAT Delhi26 Feb 2018AY 2000-01

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Shri Amit Jain, Sr. DR
Section 143(2)Section 143(3)Section 250(6)Section 263Section 271(1)(c)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA No. 4478 & 5426/DEL/2011 [Assessment Year: 2000-01] The A.C.I.T Vs. M/s L.T. Overseas Ltd. Central Circle -19 [Now known as L.T. Foods Ltd New Delhi Unit No 134, First Floor Rectangle 1, Saket Dist. Centre New Delhi -110017 PAN : AAACL 0259 K ITA No. 4191/DEL/11 [Assessment Year: 2000-01] M/s L.T. Overseas Ltd. Vs. The C.I.T - VII [Now known as L.T. Foods Ltd New Delhi Unit No 134, First Floor Rectangle 1, Saket Dist. Centre New Delhi -110017 PAN : A…

ACIT, NEW DELHI vs. M/S. L.T. OVERSEAS LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 4478/DEL/2011[2000-01]Status: DisposedITAT Delhi26 Feb 2018AY 2000-01

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Shri Amit Jain, Sr. DR
Section 143(2)Section 143(3)Section 250(6)Section 263Section 271(1)(c)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA No. 4478 & 5426/DEL/2011 [Assessment Year: 2000-01] The A.C.I.T Vs. M/s L.T. Overseas Ltd. Central Circle -19 [Now known as L.T. Foods Ltd New Delhi Unit No 134, First Floor Rectangle 1, Saket Dist. Centre New Delhi -110017 PAN : AAACL 0259 K ITA No. 4191/DEL/11 [Assessment Year: 2000-01] M/s L.T. Overseas Ltd. Vs. The C.I.T - VII [Now known as L.T. Foods Ltd New Delhi Unit No 134, First Floor Rectangle 1, Saket Dist. Centre New Delhi -110017 PAN : A…

L T OVERSEAS LTD.,GURGAON vs. CIT (APPEALS)- VII, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 4191/DEL/2011[2000-01]Status: DisposedITAT Delhi26 Feb 2018AY 2000-01

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Shri Amit Jain, Sr. DR
Section 143(2)Section 143(3)Section 250(6)Section 263Section 271(1)(c)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA No. 4478 & 5426/DEL/2011 [Assessment Year: 2000-01] The A.C.I.T Vs. M/s L.T. Overseas Ltd. Central Circle -19 [Now known as L.T. Foods Ltd New Delhi Unit No 134, First Floor Rectangle 1, Saket Dist. Centre New Delhi -110017 PAN : AAACL 0259 K ITA No. 4191/DEL/11 [Assessment Year: 2000-01] M/s L.T. Overseas Ltd. Vs. The C.I.T - VII [Now known as L.T. Foods Ltd New Delhi Unit No 134, First Floor Rectangle 1, Saket Dist. Centre New Delhi -110017 PAN : A…

ACIT, BANGALORE vs. SUTURES INDIA PRIVATE LIMITED, BANGALORE

In the result, the appeal of revenue is allowed

ITA 486/BANG/2012[2003-04]Status: DisposedITAT Bangalore25 Oct 2017AY 2003-04

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

For Appellant: Shri N. Balakrishnan, Addl. CIT (D.R)For Respondent: Shri A. Shankar, Advocate
Section 143(3)Section 263Section 80Section 80I

…the order of the Tribunal against the revision order under Section 263 will not give any weight on the merits of the case. The learned Counsel for the assessee has further submitted that even the Hon'ble Supreme Court in the case of ACIT Vs. Microlabs Limited 380 ITR 1 has referred the issue to the 4 larger Bench due to the difference of opinion and therefore, the order of the Hon'ble jurisdictional High Court in the case of CIT Vs. Millipore India Pvt. Ltd. (supra) and ACIT Vs. Microlab Limited (supra) still holds the field on this issue. Thus he has submitted that there is no illegality or infirmity in the impu…

M/S SHARAVATHY CONDUCTORS vs. THE CHIEF COMMISSIONER OF

WP/28376/2017HC Karnataka24 Oct 2017

Bench: The Hon’Ble Dr.Justice Vineet Kothari W.P.No.28376/2017 (T-It) Between

Section 119(2)(b)Section 139(5)Section 80HSection 80I

…1/13 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI W.P.No.28376/2017 (T-IT) BETWEEN M/s. SHARAVATHY CONDUCTORS PRIVATE LIMITED REP. BY ITS MANAGING DIRECTOR SRI. KAARDAM PATEL AGED ABOUT 47 YEARS No.23, BCI ESTATE, 6TH MAIN OLD MADRAS ROAD BENGALURU-560016. ...PETITIONER (BY SRI S. ANNAMALAI, & SRI. M. LAVA, ADVOCATES FOR SRI. SHANKAR .A, ADVOCATE) AND 1. THE CHIEF COMMISSIONER OF INCOME TAX, BENGALURU-2 OFFICE OF THE CHIEF CO…