Chowgule & Co. (P) Ltd. v. ACIT

137 TTJ 596Income Tax Appellate Tribunal2011#13421 most cited
7

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

Judgments citing Chowgule & Co. (P) Ltd. v. ACIT

INCOME TAX OFFICER , CHENNAI vs. SUNEDISON SOLAR POWER INDIA PRIVATE LIMITED, CHENNAI

In the result, the appeal filed by the Revenue is dismissed

ITA 1028/CHNY/2024[AY 2016-17]Status: DisposedITAT Chennai24 Jul 2024

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1028/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 The Income Tax Officer, Vs. Sunedison Solar Power India Private Corporate Ward 6(1), Room No. 704, Limited, No. 6J, Century Plaza,560- Wanaparthy Block, Aayakar Bhawan, 565, Anna Salai, Chennai 600 040 Nungambakkam, Chennai 600 034. [Pan: Aascs6905K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Aroon Prasad, Addl. Cit ""थ" की ओर से/Respondent By : Shri S.K. Gupta, Advocate सुनवाई की तारीख/ Date Of Hearing : 22.07.2024 घोषणा की तारीख /Date Of Pronouncement : 24.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 09.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2016-17. 2. We Find That This Appeal Is Filed With A Delay Of Four Days. The Revenue Filed A Petition For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The Condonation Petition & Upon Hearing Both The Parties, We Find That The 2

For Appellant: Shri Aroon Prasad, Addl. CITFor Respondent: Shri S.K. Gupta, Advocate
Section 144BSection 147Section 260A

…32(1) and, therefore, depreciation is allowable even on goodwill – Whether following same, depreciation was to be allowed on revalued rights-Held, yes”. 20. In so far as case law relied upon by the ld. DR in the case of Chowgule & Co. (P) Ltd. v. ACIT [2011] 137 TTJ 596 (Panaji) and in the case of United Breweries Ltd. v. Addl. CIT [2016] 76 taxmann.com 103 (Bangalore – Trib.) and also in the case of Signode India Ltd. v. DCIT in ITA No. 954/H/2019 dated 24.02.2021 are concerned, we find that the facts of above cases are not applicable to the present case because in the case before the ITAT, Hyderabad, the Tribu…

M/S. SUN EDITION SOLAR POWER INDIA PVT. LTD.,,CHENNAI vs. DCIT, CORPORATE CIRCLE - 6 (2),, CHENNAI

In the result, the appeals filed by the assessee for the assessment years 2013-14, 2014-15 and 2015-16 are allowed and the appeal filed by the Revenue for the assessment year 2015-16 is dismissed

ITA 570/CHNY/2020[2015-16]Status: DisposedITAT Chennai12 Apr 2023AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunatha

For Appellant: Shri S.K. Gupta, AdvocateFor Respondent: Shri S. Senthil Kumaran, CIT
Section 32(1)

…32(1) and, therefore, depreciation is allowable even on goodwill – Whether following same, depreciation was to be allowed on revalued rights-Held, yes”. 20. In so far as case law relied upon by the ld. DR in the case of Chowgule & Co. (P) Ltd. v. ACIT [2011] 137 TTJ 596 (Panaji) and in the case of United Breweries Ltd. v. Addl. CIT [2016] 76 taxmann.com 103 (Bangalore – Trib.) and also in the case of Signode India Ltd. v. DCIT in ITA No. 954/H/2019 dated 24.02.2021 are concerned, we find that the facts of above cases are not applicable to the present case because in the case before the ITAT, Hyderabad, the Tribu…

ACIT CORPORATE CIRCLE-6(2), CHENNAI vs. M/S SUN EDISON SOLAR POWER INDIA PVT LTD, CHENNAI

In the result, the appeals filed by the assessee for the assessment years 2013-14, 2014-15 and 2015-16 are allowed and the appeal filed by the Revenue for the assessment year 2015-16 is dismissed

ITA 427/CHNY/2020[2015-16]Status: DisposedITAT Chennai12 Apr 2023AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunatha

For Appellant: Shri S.K. Gupta, AdvocateFor Respondent: Shri S. Senthil Kumaran, CIT
Section 32(1)

…32(1) and, therefore, depreciation is allowable even on goodwill – Whether following same, depreciation was to be allowed on revalued rights-Held, yes”. 20. In so far as case law relied upon by the ld. DR in the case of Chowgule & Co. (P) Ltd. v. ACIT [2011] 137 TTJ 596 (Panaji) and in the case of United Breweries Ltd. v. Addl. CIT [2016] 76 taxmann.com 103 (Bangalore – Trib.) and also in the case of Signode India Ltd. v. DCIT in ITA No. 954/H/2019 dated 24.02.2021 are concerned, we find that the facts of above cases are not applicable to the present case because in the case before the ITAT, Hyderabad, the Tribu…

M/S SUN EDISON SOLAR POWER INDIA PVT LTD,CHENNAI vs. ITO, CORPORATE WARD - 6 (3),, CHENNAI

In the result, the appeals filed by the assessee for the assessment years 2013-14, 2014-15 and 2015-16 are allowed and the appeal filed by the Revenue for the assessment year 2015-16 is dismissed

ITA 2164/CHNY/2019[2014-15]Status: DisposedITAT Chennai12 Apr 2023AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunatha

For Appellant: Shri S.K. Gupta, AdvocateFor Respondent: Shri S. Senthil Kumaran, CIT
Section 32(1)

…32(1) and, therefore, depreciation is allowable even on goodwill – Whether following same, depreciation was to be allowed on revalued rights-Held, yes”. 20. In so far as case law relied upon by the ld. DR in the case of Chowgule & Co. (P) Ltd. v. ACIT [2011] 137 TTJ 596 (Panaji) and in the case of United Breweries Ltd. v. Addl. CIT [2016] 76 taxmann.com 103 (Bangalore – Trib.) and also in the case of Signode India Ltd. v. DCIT in ITA No. 954/H/2019 dated 24.02.2021 are concerned, we find that the facts of above cases are not applicable to the present case because in the case before the ITAT, Hyderabad, the Tribu…

M/S SUN EDISON SOLAR POWER INDIA PVT LTD,CHENNAI vs. DCIT CORPORATE CIRCLE 6 (2), CHENNAI

In the result, the appeals filed by the assessee for the assessment years 2013-14, 2014-15 and 2015-16 are allowed and the appeal filed by the Revenue for the assessment year 2015-16 is dismissed

ITA 1520/CHNY/2018[2013-14]Status: DisposedITAT Chennai12 Apr 2023AY 2013-14

Bench: Shri V. Durga Rao & Shri G. Manjunatha

For Appellant: Shri S.K. Gupta, AdvocateFor Respondent: Shri S. Senthil Kumaran, CIT
Section 32(1)

…32(1) and, therefore, depreciation is allowable even on goodwill – Whether following same, depreciation was to be allowed on revalued rights-Held, yes”. 20. In so far as case law relied upon by the ld. DR in the case of Chowgule & Co. (P) Ltd. v. ACIT [2011] 137 TTJ 596 (Panaji) and in the case of United Breweries Ltd. v. Addl. CIT [2016] 76 taxmann.com 103 (Bangalore – Trib.) and also in the case of Signode India Ltd. v. DCIT in ITA No. 954/H/2019 dated 24.02.2021 are concerned, we find that the facts of above cases are not applicable to the present case because in the case before the ITAT, Hyderabad, the Tribu…

DCIT (LTU), NEW DELHI vs. M/S. EXL SERVICE.COM (INDIA) PVT. LTD., NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

ITA 615/DEL/2015[2010-11]Status: DisposedITAT Delhi03 Jan 2017AY 2010-11

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

For Appellant: Sh. Ajay Vohra, AdvFor Respondent: Sh. Piyush Jain, CIT DR
Section 143(3)Section 92D

…ntary evidence in respect of that specific asset. The AO accordingly, disallowed the claim of the depreciation on the goodwill. The reliance was placed on the following case laws: " CIT Vs Star Resorts P. Ltd. 335 ITR 587 (P&H) " Chowgule & Co. Vs ACIT (2011) 137 TTJ 596 (Panaji ITAT) 67. Being aggrieved the assessee raised objection before the ld. DRP and submitted as under: “That applying the principle of ejusdem generis and considering the use of words ‘similar nature’, depreciation under section 32(1) of the Act would be admissible on other intangible assets also, which fall within the genus or are in the nat…

EXL SERVICE.COM (INDIA) PVT. LTD.,NEW DELHI vs. DCIT (LTU), NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

ITA 302/DEL/2015[2010-11]Status: DisposedITAT Delhi03 Jan 2017AY 2010-11

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

For Appellant: Sh. Ajay Vohra, AdvFor Respondent: Sh. Piyush Jain, CIT DR
Section 143(3)Section 92D

…ntary evidence in respect of that specific asset. The AO accordingly, disallowed the claim of the depreciation on the goodwill. The reliance was placed on the following case laws: " CIT Vs Star Resorts P. Ltd. 335 ITR 587 (P&H) " Chowgule & Co. Vs ACIT (2011) 137 TTJ 596 (Panaji ITAT) 67. Being aggrieved the assessee raised objection before the ld. DRP and submitted as under: “That applying the principle of ejusdem generis and considering the use of words ‘similar nature’, depreciation under section 32(1) of the Act would be admissible on other intangible assets also, which fall within the genus or are in the nat…

Chowgule & Co. (P) Ltd. v. ACIT (137 TTJ 596) — Cited in 7 Judgments | BharatTax