ADMAC FORMULATIONS v. CIT

407 ITR 429Supreme Court of India2018#6807 most cited
17

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2025.

Sections most often in play

Section 154Section 143(3)Section 250(6)Section 80IC

Judgments citing ADMAC FORMULATIONS v. CIT

M/s J C International vs. Deputy Commissioner Of Income Tax , Circle Parwanoo

The appeal is allowed in the aforesaid

ITA/2/2025HC Himachal Pradesh04 Jun 2025

Bench: HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,HON'BLE MR. JUSTICE SUSHIL KUKREJA

Section 80

…wani K. Lal, Advocate and rightly so that the order passed by the ITAT is not sustainable in the eyes of law, as it is solely based upon the judgment rendered by two Judge Bench of the Hon’ble Supreme Court in CIT vs. M/s Classic Binding Industries (2018) 407 ITR 429, which judgment, admittedly, has been over-ruled by a Hon’ble Bench of five Judges of the Hon’ble Supreme Court in Principal Commissioner of Income Tax, Shimla vs. Aarham Softronics (2019) 412 ITR 623, wherein the Hon’ble Supreme Court has clearly held that an assessee who sets up a new industry of a kind mentioned in Section 80-IC(2)…

UNIVERSAL PRINT O PACK,SOLAN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, PARWANOO

In the result, appeal of the Assessee is allowed

ITA 719/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh22 Apr 2025AY 2016-17

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.AFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 143(3)Section 154Section 80Section 801CSection 80I

…Income Tax Act, 1961 at the rate of 25%. 3.1 The case was selected for scrutiny, and assessment was completed under section 143(3). The deduction under section 80IC was restricted to 25% by the AO, relying on the judgment in Classic Binding Industries vs. CIT 407 ITR 429 (SC). 3.2 Subsequently, the assessee filed an application under section 154 of the Act, seeking rectification on the ground that it was entitled to a 100% deduction under section 80IC, citing the decision of the Hon’ble Supreme Court in Pr. CIT vs. Aarham Softronics(2019) 412 ITR 623 (SC), wherein it was held that units undergoing substantial exp…

A G PERIPHERALS ,NEW DELHI vs. ACIT, CIRCLE- 41(1), NEW DELHI

In the result, both the appeals of the assessee are allowed

ITA 244/DEL/2019[2015-16]Status: DisposedITAT Delhi15 Sept 2022AY 2015-16

Bench: Shri Challa Nagendra Prasada N D Shri Pradip Kumar Kedia

For Appellant: Shri Kanav BaliFor Respondent: Sr. D. R
Section 80

…rs of the lower authorities we find that the ld. CIT (Appeals) sustained the disallowance of deduction claimed by the assessee under section 80-IC of the Act following the decision of the Hon’ble Supreme Court in the case of Classic Binding Industries [(2018) 407 ITR 429 (SC)] wherein the Hon’ble Apex court held that once the assessee had started claiming deduction under section 80-IC of the Act and the initial assessment year has commenced within the period of 10 years there cannot be any initial year thereby allowing 100% deduction in the next 5 years on the basis of substantial expansion of the unit. 4. Howev…

A G PERIPHERALS ,NEW DELHI vs. ACIT, CIRCLE- 41(1), NEW DELHI

In the result, both the appeals of the assessee are allowed

ITA 243/DEL/2019[2012-13]Status: DisposedITAT Delhi15 Sept 2022AY 2012-13

Bench: Shri Challa Nagendra Prasada N D Shri Pradip Kumar Kedia

For Appellant: Shri Kanav BaliFor Respondent: Sr. D. R
Section 80

…rs of the lower authorities we find that the ld. CIT (Appeals) sustained the disallowance of deduction claimed by the assessee under section 80-IC of the Act following the decision of the Hon’ble Supreme Court in the case of Classic Binding Industries [(2018) 407 ITR 429 (SC)] wherein the Hon’ble Apex court held that once the assessee had started claiming deduction under section 80-IC of the Act and the initial assessment year has commenced within the period of 10 years there cannot be any initial year thereby allowing 100% deduction in the next 5 years on the basis of substantial expansion of the unit. 4. Howev…

DCIT,CENTRAL CIRCLE-7, NEW DELHI vs. HIGH VALLEY INDUSTRIES CORPORATION, SOLAN

In the result, the appeal of the Revenue in ITA No

ITA 4753/DEL/2019[2015-16]Status: DisposedITAT Delhi25 Aug 2022AY 2015-16

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Ms. Supriya Mehta, CAFor Respondent: Shri M. Baranwal, CIT-DR
Section 80Section 80I

…im of deduction @ 100% and directed the Assessing Officer to allow the same. 9. Before us, the ld. DR heavily relying upon the findings of the Assessing Officer, referred to the decision of the Hon'ble Supreme Court in the case of Classic Binding Industries 407 ITR 429 and pointed out that the Hon'ble Supreme Court has not accepted the substantial expansion to determine a new initial Assessment Year for claim of deduction u/s 80IC of the Act. 10. Per contra, the ld. counsel for the assessee reiterated what has been stated before the lower authorities. The ld. counsel for the assessee further drew our attenti…

SPINKS IMPEX,NEW DELHI vs. ITO WARD - 36(5), NEW DELHI

In the result, the appeals of the assessee are allowed

ITA 3567/DEL/2019[2014-15]Status: DisposedITAT Delhi27 Jun 2022AY 2014-15

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita Nos.3566 & 3567/Del/2019 Asstt. Years: 2013-14 & 2014-15

For Appellant: NONE **For Respondent: Sh. K.A. Manu, Sr. DR
Section 801CSection 80I

…or thereafter (but within 10 years) from the date when these assessees started availing exemption, they carried out substantial expansion of its industry, from that year the assessees become entitled to claim exemption @ 100% again (Classic Binding Industries 407 ITR 429 held not good law and reversed) 9. Hence, keeping in view, the latest judgment of the Hon’ble Supreme Court allowing 100% deduction u/s 80IC on substantial expansion of the unit, the appeals of the assessee are hereby allowed. 10. In the result, the appeals of the assessee are allowed. Order pronounced in the open court on 27/06/2022. (A.D. Jai…

SPINKS IMPEX,NEW DELHI vs. ITO WARD - 36(5), NEW DELHI

In the result, the appeals of the assessee are allowed

ITA 3566/DEL/2019[2013-14]Status: DisposedITAT Delhi27 Jun 2022AY 2013-14

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita Nos.3566 & 3567/Del/2019 Asstt. Years: 2013-14 & 2014-15

For Appellant: NONE **For Respondent: Sh. K.A. Manu, Sr. DR
Section 801CSection 80I

…or thereafter (but within 10 years) from the date when these assessees started availing exemption, they carried out substantial expansion of its industry, from that year the assessees become entitled to claim exemption @ 100% again (Classic Binding Industries 407 ITR 429 held not good law and reversed) 9. Hence, keeping in view, the latest judgment of the Hon’ble Supreme Court allowing 100% deduction u/s 80IC on substantial expansion of the unit, the appeals of the assessee are hereby allowed. 10. In the result, the appeals of the assessee are allowed. Order pronounced in the open court on 27/06/2022. (A.D. Jai…

ACIT, CIRCLE-63(1), NEW DELHI vs. VANESA COSMATICS, NEW DELHI

ITA 3841/DEL/2018[2014-15]Status: DisposedITAT Delhi23 Apr 2021AY 2014-15

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

For Appellant: Shri Madhur Aggarwal, AdvocateFor Respondent: Shri Farhat Khan, DR
Section 10CSection 80

…% deduction would be for remaining three years, i.e., 8th, 9th and 10th assessment years.” 10. However, on the other hand, ld. DR for the Revenue relied upon the decision rendered by Hon’ble Supreme Court in case of CIT vs. Classic Binding Industries (2018) 407 ITR 429 (SC) and contended that when initially assessee has availed deduction u/s 80IC for a period of 5 years @ 100%, it would be entitled to 8 ITA No.3841/Del./2018 deduction on substantial expansion for remaining five assessment years @ 25%/30%. However, Hon’ble Supreme Court in case of Aarham Softronics (supra) in the preceding para after duly discu…

HARSHVARDHAN CONSTRUCTIONS,MUMBAI vs. ITO 23(1)(5), MUMBAI

ITA 5225/MUM/2017[2011-12]Status: DisposedITAT Mumbai09 Jul 2020AY 2011-12

Bench: Shri M. Balaganesh & Shri Ravish Soodharshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D (Appellant) (Respondent) Income Tax Officer Vs. Harshvardhan Construvctions Ward 23(1)(5), 1St Floor , 11, Happy Home, 244 Waterfield Road; Matru Mandir, Tardeo Road, Bandra West, Mumbai – 400 050. Mumbai – 400 007. Pan– Aadfh6590D Harshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D

For Appellant: Shri Nitesh Joshi, A.RFor Respondent: Shri S.C Tiwari, CIT D.R
Section 143(3)Section 147Section 80I

…urt may take a view that minor deviation thereof would not vitiate the very purpose for which deduction was being made available. The ld. A.R also took support of the orders of the Hon‘ble Supreme Court in the case of CIT Vs. Classic Binding Industries (2018) 407 ITR 429 (SC) and PCIT Vs. Aarham Softronics (2019) 261 Taxman 529 (SC). Also, reliance was placed by the ld. A.R on the orders of the coordinate benches of Tribunal in the case of (i). Puran Ratilal Mehta Vs. ACIT, Circle 23(3), Mumbai (2019) 175 ITD 190 (Mum); and (ii). Ashiana Amar Developers Vs. ITO (2016) 178 TTJ 474 (Kol). Further, rebutting the obs…

ITO 23(1)(5), MUMBAI vs. HARSHVARDHAN CONSTRUCTIONS, MUMBAI

ITA 5912/MUM/2017[2011-12]Status: DisposedITAT Mumbai09 Jul 2020AY 2011-12

Bench: Shri M. Balaganesh & Shri Ravish Soodharshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D (Appellant) (Respondent) Income Tax Officer Vs. Harshvardhan Construvctions Ward 23(1)(5), 1St Floor , 11, Happy Home, 244 Waterfield Road; Matru Mandir, Tardeo Road, Bandra West, Mumbai – 400 050. Mumbai – 400 007. Pan– Aadfh6590D Harshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D

For Appellant: Shri Nitesh Joshi, A.RFor Respondent: Shri S.C Tiwari, CIT D.R
Section 143(3)Section 147Section 80I

…urt may take a view that minor deviation thereof would not vitiate the very purpose for which deduction was being made available. The ld. A.R also took support of the orders of the Hon‘ble Supreme Court in the case of CIT Vs. Classic Binding Industries (2018) 407 ITR 429 (SC) and PCIT Vs. Aarham Softronics (2019) 261 Taxman 529 (SC). Also, reliance was placed by the ld. A.R on the orders of the coordinate benches of Tribunal in the case of (i). Puran Ratilal Mehta Vs. ACIT, Circle 23(3), Mumbai (2019) 175 ITD 190 (Mum); and (ii). Ashiana Amar Developers Vs. ITO (2016) 178 TTJ 474 (Kol). Further, rebutting the obs…

SHRI LAKSHMI RAM THAKURIA,GUWAHATI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, all appeals filed by the assessee (in ITA No

ITA 194/GTY/2019[2015-16]Status: DisposedITAT Guwahati18 Sept 2019AY 2015-16

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Shri Lakshmi Ram Thakuria Ito, Ward-3(2), Guwahati On Behalf Of Prop. M/S Charu Engineering Industries, Vs. Thakurias Novelty, Mother Teresa Road, Nrengi,Guwahati-26 (Appellant) .. ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P M/S Charu Engineering The Dy. Commissioner Of Income Tax, Circle-3, Industries Guwahati M/S Charu Innovation 7Th Aaykarbhawan, Floor, Department Industries, On Vs. G.S. Road, Guwahati- Behalf Of Prop. Shri Lakshmi 781005 Ram Thakuria, Thakurias Novelty, Mother Teresa Road, Narengi, Guwahati-26 .. (Appellant) ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P The Dy. Commissioner O Income Tax Officer, On Behalf Of Prop. M/S Charu Circle-3, Guwahati, Engineering Industries, Aayakar Bhawan, 7Th Floor, Vs. Thakurias Novelty, Mother G.S. Road, Guwahti-781005 Teresa Road, Nrengi,Guwahati-26 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 .. (Appellant) (Respondent)

For Appellant: Shri D Sahu, ARFor Respondent: Shri Sandeep Sengupta, DR
Section 143(3)Section 801ESection 801E(5)Section 80I

…Decision of the Himachal Pradesh High Court in STOVEKRAFT INDIA v. CIT [2018] 400 ITR 225 (HP) affirmed. Decision of the Punjab and Haryana High Court in ADMAC FORMULATIONS v. CIT [2018] 409 ITR 661 (P&H) reversed. In Classic Binding Industries' case [2018] 407 ITR 429 (SC) the court, on the basis of section 80-IB(14)(c) of the Act, took the view that once the "initial assessment year" starts on the assessee fulfilling the conditions laid down in section 80-IC(2) , there cannot be another "initial assessment year" for the purposes of section 80-IC within this period of 10 years. Section 80-IB is materially diff…

SHRI LAKSHMI RAM THAKURIA,GUWAHATI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, all appeals filed by the assessee (in ITA No

ITA 193/GTY/2019[2006-07]Status: DisposedITAT Guwahati18 Sept 2019AY 2006-07

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Shri Lakshmi Ram Thakuria Ito, Ward-3(2), Guwahati On Behalf Of Prop. M/S Charu Engineering Industries, Vs. Thakurias Novelty, Mother Teresa Road, Nrengi,Guwahati-26 (Appellant) .. ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P M/S Charu Engineering The Dy. Commissioner Of Income Tax, Circle-3, Industries Guwahati M/S Charu Innovation 7Th Aaykarbhawan, Floor, Department Industries, On Vs. G.S. Road, Guwahati- Behalf Of Prop. Shri Lakshmi 781005 Ram Thakuria, Thakurias Novelty, Mother Teresa Road, Narengi, Guwahati-26 .. (Appellant) ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P The Dy. Commissioner O Income Tax Officer, On Behalf Of Prop. M/S Charu Circle-3, Guwahati, Engineering Industries, Aayakar Bhawan, 7Th Floor, Vs. Thakurias Novelty, Mother G.S. Road, Guwahti-781005 Teresa Road, Nrengi,Guwahati-26 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 .. (Appellant) (Respondent)

For Appellant: Shri D Sahu, ARFor Respondent: Shri Sandeep Sengupta, DR
Section 143(3)Section 801ESection 801E(5)Section 80I

…Decision of the Himachal Pradesh High Court in STOVEKRAFT INDIA v. CIT [2018] 400 ITR 225 (HP) affirmed. Decision of the Punjab and Haryana High Court in ADMAC FORMULATIONS v. CIT [2018] 409 ITR 661 (P&H) reversed. In Classic Binding Industries' case [2018] 407 ITR 429 (SC) the court, on the basis of section 80-IB(14)(c) of the Act, took the view that once the "initial assessment year" starts on the assessee fulfilling the conditions laid down in section 80-IC(2) , there cannot be another "initial assessment year" for the purposes of section 80-IC within this period of 10 years. Section 80-IB is materially diff…

SHRI LAKSHMI RAM THAKURIA,GUWAHATI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, all appeals filed by the assessee (in ITA No

ITA 116/GTY/2019[2007-08]Status: DisposedITAT Guwahati18 Sept 2019AY 2007-08

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Shri Lakshmi Ram Thakuria Ito, Ward-3(2), Guwahati On Behalf Of Prop. M/S Charu Engineering Industries, Vs. Thakurias Novelty, Mother Teresa Road, Nrengi,Guwahati-26 (Appellant) .. ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P M/S Charu Engineering The Dy. Commissioner Of Income Tax, Circle-3, Industries Guwahati M/S Charu Innovation 7Th Aaykarbhawan, Floor, Department Industries, On Vs. G.S. Road, Guwahati- Behalf Of Prop. Shri Lakshmi 781005 Ram Thakuria, Thakurias Novelty, Mother Teresa Road, Narengi, Guwahati-26 .. (Appellant) ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P The Dy. Commissioner O Income Tax Officer, On Behalf Of Prop. M/S Charu Circle-3, Guwahati, Engineering Industries, Aayakar Bhawan, 7Th Floor, Vs. Thakurias Novelty, Mother G.S. Road, Guwahti-781005 Teresa Road, Nrengi,Guwahati-26 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 .. (Appellant) (Respondent)

For Appellant: Shri D Sahu, ARFor Respondent: Shri Sandeep Sengupta, DR
Section 143(3)Section 801ESection 801E(5)Section 80I

…Decision of the Himachal Pradesh High Court in STOVEKRAFT INDIA v. CIT [2018] 400 ITR 225 (HP) affirmed. Decision of the Punjab and Haryana High Court in ADMAC FORMULATIONS v. CIT [2018] 409 ITR 661 (P&H) reversed. In Classic Binding Industries' case [2018] 407 ITR 429 (SC) the court, on the basis of section 80-IB(14)(c) of the Act, took the view that once the "initial assessment year" starts on the assessee fulfilling the conditions laid down in section 80-IC(2) , there cannot be another "initial assessment year" for the purposes of section 80-IC within this period of 10 years. Section 80-IB is materially diff…

SHRI LAKSHMI RAM THAKURIA,GUWAHATI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, all appeals filed by the assessee (in ITA No

ITA 280/GTY/2018[2010-11]Status: DisposedITAT Guwahati18 Sept 2019AY 2010-11

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Shri Lakshmi Ram Thakuria Ito, Ward-3(2), Guwahati On Behalf Of Prop. M/S Charu Engineering Industries, Vs. Thakurias Novelty, Mother Teresa Road, Nrengi,Guwahati-26 (Appellant) .. ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P M/S Charu Engineering The Dy. Commissioner Of Income Tax, Circle-3, Industries Guwahati M/S Charu Innovation 7Th Aaykarbhawan, Floor, Department Industries, On Vs. G.S. Road, Guwahati- Behalf Of Prop. Shri Lakshmi 781005 Ram Thakuria, Thakurias Novelty, Mother Teresa Road, Narengi, Guwahati-26 .. (Appellant) ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P The Dy. Commissioner O Income Tax Officer, On Behalf Of Prop. M/S Charu Circle-3, Guwahati, Engineering Industries, Aayakar Bhawan, 7Th Floor, Vs. Thakurias Novelty, Mother G.S. Road, Guwahti-781005 Teresa Road, Nrengi,Guwahati-26 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 .. (Appellant) (Respondent)

For Appellant: Shri D Sahu, ARFor Respondent: Shri Sandeep Sengupta, DR
Section 143(3)Section 801ESection 801E(5)Section 80I

…Decision of the Himachal Pradesh High Court in STOVEKRAFT INDIA v. CIT [2018] 400 ITR 225 (HP) affirmed. Decision of the Punjab and Haryana High Court in ADMAC FORMULATIONS v. CIT [2018] 409 ITR 661 (P&H) reversed. In Classic Binding Industries' case [2018] 407 ITR 429 (SC) the court, on the basis of section 80-IB(14)(c) of the Act, took the view that once the "initial assessment year" starts on the assessee fulfilling the conditions laid down in section 80-IC(2) , there cannot be another "initial assessment year" for the purposes of section 80-IC within this period of 10 years. Section 80-IB is materially diff…

M/S. CHARU RNGINEERING INDUSTRIES & M/S. CHARU INNOVATION DEPARTMENT & INDUSTRIES,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, all appeals filed by the assessee (in ITA No

ITA 279/GTY/2018[2012-13]Status: DisposedITAT Guwahati18 Sept 2019AY 2012-13

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Shri Lakshmi Ram Thakuria Ito, Ward-3(2), Guwahati On Behalf Of Prop. M/S Charu Engineering Industries, Vs. Thakurias Novelty, Mother Teresa Road, Nrengi,Guwahati-26 (Appellant) .. ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P M/S Charu Engineering The Dy. Commissioner Of Income Tax, Circle-3, Industries Guwahati M/S Charu Innovation 7Th Aaykarbhawan, Floor, Department Industries, On Vs. G.S. Road, Guwahati- Behalf Of Prop. Shri Lakshmi 781005 Ram Thakuria, Thakurias Novelty, Mother Teresa Road, Narengi, Guwahati-26 .. (Appellant) ( Respondent) "थायीलेखासं./Pan No. Acbpt9469P The Dy. Commissioner O Income Tax Officer, On Behalf Of Prop. M/S Charu Circle-3, Guwahati, Engineering Industries, Aayakar Bhawan, 7Th Floor, Vs. Thakurias Novelty, Mother G.S. Road, Guwahti-781005 Teresa Road, Nrengi,Guwahati-26 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 (Appellant) .. (Respondent) Shri Lakshmiramthakuria The Income Tax Officer, Ward-3(2), Guwahati, Prop-Charu Engineering Aayakar Bhawan, Industries Thakuria Novelties, Vs. Christianbasti, Forest Gate, Guwahati, Pin- Pin-781005 (Assam) 781026 .. (Appellant) (Respondent)

For Appellant: Shri D Sahu, ARFor Respondent: Shri Sandeep Sengupta, DR
Section 143(3)Section 801ESection 801E(5)Section 80I

…Decision of the Himachal Pradesh High Court in STOVEKRAFT INDIA v. CIT [2018] 400 ITR 225 (HP) affirmed. Decision of the Punjab and Haryana High Court in ADMAC FORMULATIONS v. CIT [2018] 409 ITR 661 (P&H) reversed. In Classic Binding Industries' case [2018] 407 ITR 429 (SC) the court, on the basis of section 80-IB(14)(c) of the Act, took the view that once the "initial assessment year" starts on the assessee fulfilling the conditions laid down in section 80-IC(2) , there cannot be another "initial assessment year" for the purposes of section 80-IC within this period of 10 years. Section 80-IB is materially diff…

JOHNSON AND JOHNSON PRIVATE LIMITED,MUMBAI vs. COMMISSIONER OF INCOME TAX-LTU, MUMBAI

In the result, appeal of the assessee is allowed

ITA 4947/MUM/2018[2013-14]Status: DisposedITAT Mumbai17 Jul 2019AY 2013-14

Bench: Shri Pawan Singh() & Shri G. Manjunatha () Johnson & Johnson Pvt Ltd Vs Commissioner Of Income Tax (Ltu) 501, Arena Space, Off Jvlr Mumbai Behind Majas Bus Depot, Jogeshwari (E), Mumbai-60 Pan : Aaacj0866E Appellant Respondednt

Section 115JSection 143(3)Section 263Section 271(1)(c)Section 80Section 80I

…existing unit which claiming deduction u/s 80IC undertook substantial expansion, then year of completion of substantial expansion cannot be (initial year). The Ld.AR for the assessee fairly submitted that Hon’ble Supreme Court in Classic Binding Industries 407 ITR 429 (SC) held that there cannot be multiple assessment years for claiming deduction u/s 80IC. Once the taxpayer has started claiming deduction u/s 80IC and initial assessment year has commenced, there cannot be another initial assessment year thereby allowing 100% deduction for next five year. However, the Hon’ble Supreme Court in the Full Bench…

DCIT, ROHTAK vs. M/S. MICRO TURNERS, ROHTAK

In the result, appeal of the Revenue is partly allowed for statistical purposes

ITA 2181/DEL/2016[2012-13]Status: DisposedITAT Delhi08 Mar 2019AY 2012-13

Bench: Smt Diva Singh & Shri R.K. Panda

Section 80I

…is evident from record that there is no change in the facts and circumstances. 5. Addressing the second issue raised by the Revenue in the present appeal attention was invited to the decision of the Apex Court in the case of CIT vs. Classic Binding Industries 407 ITR 429 (SC) (copy available at pages 62-66). Inviting specific attention to para 29 of the said decision and the chart of synopsis filed on the issue it was his submission that aassessee’s case is fully covered by the said decision. 6. Ld. CIT(DR) confronted with the orders of the ITAT in the context of the facts as noted in the orders of the AO and the…