Associated Capsules Pvt. Ltd. v. DCIT

332 ITR 42High Court2011#3829 most cited

What is Associated Capsules Pvt. Ltd. v. DCIT authority for?

Section 80IA(9A) applies only at the stage of allowing deduction, not at the computation stage. Combined deductions under Section 80IA and 80HHC cannot exceed the gross total income.

31

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

Associated Capsules Pvt Ltd v DCIT · Section 80IA(9A) · Section 80IA · Section 80HHC · gross total income · eligible business deduction

Sections most often in play

Section 80HHCSection 143(3)Section 147Section 148Section 41(1)Section 80-IASection 80-IA(4)Section 80-IA(9)
Read the full judgment

Issues it is cited on

section 80hopening wdvsection 80hhcr&d expendituresection 80hhinitial assessment yearsection 145ablock of assetssection 80ibtransactional net margin methodsection 80iaeligible business

Judgments citing Associated Capsules Pvt. Ltd. v. DCIT

ACIT 1(1), Mumbai vs. Frigorifico Allana Ltd, Mumbai

Appeal is allowed and appeal filed by the revenue is dismissed

ITA 5514/MUM/2011[2004-05]Status: DisposedITAT Mumbai27 Jul 2016AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 Acit, Circle -1(1) Frigorifico Allana Limited, Aayakar Bhavan, बनाम/ Allana House, 5Th Floor, Allana Road, Colaba, Vs. M.K. Road, Mumbai-400001 Mumbai-20 (Revenue) (Respondent) P.A. No.Aaacf0861F Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05

Section 80H

…ount of deduction allowable to the assessee u/s 80HHC as well as u/s 80IB should not exceed the amount of profits earned. The reliance has been placed in this regard on the judgment of Hon’ble Bombay High Court in the case Associated Capsules Pvt Ltd vs. DCIT 322 ITR 42. 4.1. Per contra Ld. DR relied upon the order of the lower authorities. We have gone through the orders passed by the lower authorities as well as judgment of Hon’ble Bombay High Court in the case of Associated Capsules Pvt Ltd (supra). In view of judgment of Hon’ble Bombay High Court, we send this issue back to the file of the AO who shall examin…

ACIT 1(1), Mumbai vs. Frigorifico Allana Ltd, Mumbai

Appeal is allowed and appeal filed by the revenue is dismissed

ITA 5513/MUM/2011[2002-03]Status: DisposedITAT Mumbai27 Jul 2016AY 2002-03

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 Acit, Circle -1(1) Frigorifico Allana Limited, Aayakar Bhavan, बनाम/ Allana House, 5Th Floor, Allana Road, Colaba, Vs. M.K. Road, Mumbai-400001 Mumbai-20 (Revenue) (Respondent) P.A. No.Aaacf0861F Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05

Section 80H

…ount of deduction allowable to the assessee u/s 80HHC as well as u/s 80IB should not exceed the amount of profits earned. The reliance has been placed in this regard on the judgment of Hon’ble Bombay High Court in the case Associated Capsules Pvt Ltd vs. DCIT 322 ITR 42. 4.1. Per contra Ld. DR relied upon the order of the lower authorities. We have gone through the orders passed by the lower authorities as well as judgment of Hon’ble Bombay High Court in the case of Associated Capsules Pvt Ltd (supra). In view of judgment of Hon’ble Bombay High Court, we send this issue back to the file of the AO who shall examin…

Frigerio Conserva Allana Ltd, Mumbai vs. ITO 1(1)(3), Mumbai

Appeal is allowed and appeal filed by the revenue is dismissed

ITA 4195/MUM/2011[2000-01]Status: DisposedITAT Mumbai27 Jul 2016AY 2000-01

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 Acit, Circle -1(1) Frigorifico Allana Limited, Aayakar Bhavan, बनाम/ Allana House, 5Th Floor, Allana Road, Colaba, Vs. M.K. Road, Mumbai-400001 Mumbai-20 (Revenue) (Respondent) P.A. No.Aaacf0861F Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05

Section 80H

…ount of deduction allowable to the assessee u/s 80HHC as well as u/s 80IB should not exceed the amount of profits earned. The reliance has been placed in this regard on the judgment of Hon’ble Bombay High Court in the case Associated Capsules Pvt Ltd vs. DCIT 322 ITR 42. 4.1. Per contra Ld. DR relied upon the order of the lower authorities. We have gone through the orders passed by the lower authorities as well as judgment of Hon’ble Bombay High Court in the case of Associated Capsules Pvt Ltd (supra). In view of judgment of Hon’ble Bombay High Court, we send this issue back to the file of the AO who shall examin…

Frigorifico Allana Ltd, Mumbai vs. ITO 1(1)(1), Mumbai

Appeal is allowed and appeal filed by the revenue is dismissed

ITA 4137/MUM/2011[2004-05]Status: DisposedITAT Mumbai27 Jul 2016AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 Acit, Circle -1(1) Frigorifico Allana Limited, Aayakar Bhavan, बनाम/ Allana House, 5Th Floor, Allana Road, Colaba, Vs. M.K. Road, Mumbai-400001 Mumbai-20 (Revenue) (Respondent) P.A. No.Aaacf0861F Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05

Section 80H

…ount of deduction allowable to the assessee u/s 80HHC as well as u/s 80IB should not exceed the amount of profits earned. The reliance has been placed in this regard on the judgment of Hon’ble Bombay High Court in the case Associated Capsules Pvt Ltd vs. DCIT 322 ITR 42. 4.1. Per contra Ld. DR relied upon the order of the lower authorities. We have gone through the orders passed by the lower authorities as well as judgment of Hon’ble Bombay High Court in the case of Associated Capsules Pvt Ltd (supra). In view of judgment of Hon’ble Bombay High Court, we send this issue back to the file of the AO who shall examin…

Frigorifico Allana Ltd, Mumbai vs. Addl CIT RG 1(1), Mumbai

Appeal is allowed and appeal filed by the revenue is dismissed

ITA 4078/MUM/2011[2002-03]Status: DisposedITAT Mumbai27 Jul 2016AY 2002-03

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 Acit, Circle -1(1) Frigorifico Allana Limited, Aayakar Bhavan, बनाम/ Allana House, 5Th Floor, Allana Road, Colaba, Vs. M.K. Road, Mumbai-400001 Mumbai-20 (Revenue) (Respondent) P.A. No.Aaacf0861F Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05

Section 80H

…ount of deduction allowable to the assessee u/s 80HHC as well as u/s 80IB should not exceed the amount of profits earned. The reliance has been placed in this regard on the judgment of Hon’ble Bombay High Court in the case Associated Capsules Pvt Ltd vs. DCIT 322 ITR 42. 4.1. Per contra Ld. DR relied upon the order of the lower authorities. We have gone through the orders passed by the lower authorities as well as judgment of Hon’ble Bombay High Court in the case of Associated Capsules Pvt Ltd (supra). In view of judgment of Hon’ble Bombay High Court, we send this issue back to the file of the AO who shall examin…

Asst CIT CC 43, Mumbai vs. Roha Dyechem Ltd, Mumbai

In the result, the appeals filed by the assessee are allowed

ITA 933/MUM/2014[1999-00]Status: DisposedITAT Mumbai21 Jun 2016AY 1999-00

Bench: Shri Joginder Singh & Shri Ashwani Taneja

Section 143(3)Section 147Section 263Section 271(1)(c)Section 80Section 80HSection 80I

…directed the AO to initiate penalty proceedings. He submitted that the issue has already been decided by ITAT in favour of the assessee in assessee’s own case relying upon decision of Jurisdictional High Court in the case of Associated Capsules Ltd. vs. DCIT (332 ITR 42). He submitted that this order of ITAT was available when Ld. CIT has passed order under section 263. Therefore, Ld. AR pleaded that Ld. CIT was not justified in holding that the order passed by Ld. AO was erroneous and prejudicial to the interest of revenue. Ld. AR in this regard also referred to the order of Tribunal dated 20/05/2011 passed in M…

Asst CIT Cen Cir 43, Mumbai vs. Roha Dyechem Ltd, Mumbai

In the result, the appeal of the revenue stands dismissed

ITA 4071/MUM/2014[2000-01]Status: DisposedITAT Mumbai03 Feb 2016AY 2000-01
For Appellant: Shri Uday B JakkeFor Respondent: Shri Snehal Shah
Section 143(3)Section 80HSection 80I

…ingly, directed the AO to verify the facts and act as per the directions given. 5. With regard to the deduction u/s 80IA(1), the ld. CIT(A) by following the decision rendered by the Hon’ble High Court in the case of Associated Capsules Pvt Ltd V/s DCIT (2011) 332 ITR 42(Bom) and the decision of Mumbai Bench of the Tribunal in assessee’s own case for the assessment year 2001-02 held that the benefit of computation has already been granted to the assessee. Therefore, the ld.CIT(A) allowed the claim of the assessee for both the years. 6. Aggrieved by the decision of the ld.CIT(A), the revenue is in appeal before us.…

Asst CIT Cen Cir 43, Mumbai vs. Roha Dyechem Ltd, Mumbai

In the result, the appeal of the revenue stands dismissed

ITA 4070/MUM/2014[1999-00]Status: DisposedITAT Mumbai03 Feb 2016AY 1999-00
For Appellant: Shri Uday B JakkeFor Respondent: Shri Snehal Shah
Section 143(3)Section 80HSection 80I

…ingly, directed the AO to verify the facts and act as per the directions given. 5. With regard to the deduction u/s 80IA(1), the ld. CIT(A) by following the decision rendered by the Hon’ble High Court in the case of Associated Capsules Pvt Ltd V/s DCIT (2011) 332 ITR 42(Bom) and the decision of Mumbai Bench of the Tribunal in assessee’s own case for the assessment year 2001-02 held that the benefit of computation has already been granted to the assessee. Therefore, the ld.CIT(A) allowed the claim of the assessee for both the years. 6. Aggrieved by the decision of the ld.CIT(A), the revenue is in appeal before us.…

Ktm India vs. ACIT Circle

In the result, the appeal of the assessee is partly allowed

ITA 141/DEL/2008[2004-2005]Status: DisposedITAT Delhi04 Dec 2015AY 2004-2005

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

For Appellant: Dr. Rakesh Gupta &For Respondent: Richa Rastogi, Sr. DR
Section 29Section 80HSection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH ‘D’ NEW DELHI BEFORE : SHRI I.C. SUDHIR, JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA No. 141/Del./2008 Asstt. Year : 2004-05 M/s. K.T.M. India, vs. A.C.I.T., Panipat. ADJ. Sec. 29, HUDA, Panipat. [PAN: AAEFK6502B] (Appellant) (Respondent) Appellant by : Dr. Rakesh Gupta & Somil Agarwal, Advocate Respondent by : Richa Rastogi, Sr. DR Date of hearing : 13.10.2015 Date of pronouncement : 04.11.2015 ORDER Per L.P. Sahu, Accountant Member: This appeal by the assessee is directed against the order dated 16.11.2007 of the ld. CIT(A), Karnal for the assessm…

M/S. Procter & Gamble Hygiene & Health Care Ltd vs. The Dy CIT Cir 7(1)

In the result, both the appeals of the assessee are treated as partly allowed for statistical purposes

ITA 1500/MUM/2005[2001-2002]Status: DisposedITAT Mumbai27 Nov 2015AY 2001-2002

Bench: S/Shri D. Karunakara Rao & Sanjay Gargसव"ी डी. क"णाकर राव, लेखा सद"य एवं संजय गग", "या"यक सद"य

For Appellant: Shri G M Doss
Section 80I

…आयकर अपील"य आयकर अपील"य अ"धकरण अ"धकरण, मुंबई मुंबई "यायपीठ "यायपीठ “एफ” मुंबई मुंबई आयकर आयकर अपील"य अपील"य अ"धकरण अ"धकरण मुंबई मुंबई "यायपीठ "यायपीठ मुंबई मुंबई IN THE INCOME TAX APPELLATE TRIBUNAL“ F” BENCH, MUMBAI BEFORE S/SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SANJAY GARG, JUDICIAL MEMBER सव"ी डी. क"णाकर राव, लेखा सद"य एवं संजय गग", "या"यक सद"य आयकर अपील सं./I.T.A. No.8999/Mum/2004 And ITA No.1500/Mum/2005 ("नधा"रण वष" / Assessment Year : 2000-01) Procter and Gamble Hygiene Addl.Commissioner of Income Tax, बनाम बनाम/ बनाम बनाम and Health Care Limited, Range 7(1), Vs. Plot No.495, P&G Plaza, Aayakar B…

M/S. Procter & Gamble Hygiene & Health Care Ltd vs. The Addl CIT RG 7(1)

In the result, both the appeals of the assessee are treated as partly allowed for statistical purposes

ITA 8999/MUM/2004[2000-2001]Status: DisposedITAT Mumbai27 Nov 2015AY 2000-2001

Bench: S/Shri D. Karunakara Rao & Sanjay Gargसव"ी डी. क"णाकर राव, लेखा सद"य एवं संजय गग", "या"यक सद"य

For Appellant: Shri G M Doss
Section 80I

…आयकर अपील"य आयकर अपील"य अ"धकरण अ"धकरण, मुंबई मुंबई "यायपीठ "यायपीठ “एफ” मुंबई मुंबई आयकर आयकर अपील"य अपील"य अ"धकरण अ"धकरण मुंबई मुंबई "यायपीठ "यायपीठ मुंबई मुंबई IN THE INCOME TAX APPELLATE TRIBUNAL“ F” BENCH, MUMBAI BEFORE S/SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SANJAY GARG, JUDICIAL MEMBER सव"ी डी. क"णाकर राव, लेखा सद"य एवं संजय गग", "या"यक सद"य आयकर अपील सं./I.T.A. No.8999/Mum/2004 And ITA No.1500/Mum/2005 ("नधा"रण वष" / Assessment Year : 2000-01) Procter and Gamble Hygiene Addl.Commissioner of Income Tax, बनाम बनाम/ बनाम बनाम and Health Care Limited, Range 7(1), Vs. Plot No.495, P&G Plaza, Aayakar B…