Tamil Nadu Water Investment Company Limited, Chennai vs. ACIT, Chennai
In the result, the appeal filed by the Revenue is allowed for statistical purposes and the appeal filed by the assessee is partly allowed
ITA 696/CHNY/2017[2012-2013]Status: DisposedITAT Chennai06 May 2022AY 2012-2013
Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.694/Chny/2017 िनधा"रण वष"/Assessment Year: 2012-13 The Assistant Commissioner Of Vs. M/S. Tamil Nadu Water Investment Co. Ltd., 1St Floor, Poly Hose Towers, Income Tax, Corporate Circle 3(1), New Block, 4Th Floor, 121, Mahatma No. 86, Mount Road, Guindy, Gandhi Road, Nungambakkam, Chennai – 32. Chennai 600 034. [Pan: Aabct8153B] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.696/Chny/2017 िनधा"रण वष"/Assessment Year: 2012-13 M/S. Tamil Nadu Water Investment Vs. The Assistant Commissioner Of Co. Ltd., 1St Floor, Poly Hose Towers, Income Tax, Corporate Circle 3(1), No. 86, Mount Road, Guindy, Chennai 600 034. Chennai – 32. (अपीलाथ"/Appellant) (""थ"/Respondent) Department By : Shri Ar V Sreenivasan, Addl. Cit Assessee By : Shri R. Viswanathan, C.A. सुनवाई की तारीख/ Date Of Hearing : 18.04.2022 घोषणा की तारीख /Date Of Pronouncement : 06.05.2022 आदेश /O R D E R Per V. Durga Rao: Both The Cross Appeals Filed By The Revenue & The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)13, Chennai Dated 27.12.2016 Relevant To The Assessment Year 2012-13. 2
For Appellant: Shri R. Viswanathan, C.AFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 14A
…issue involved herein is elaborately dealt with by the supreme court in the decision in Gujarat Cypromet Ltd case (supra) referred to on the side of the appellant. In that case, the judgment of the Delhi High court in CIT v. M.M.Aqua Technologies Ltd [(2015) 376 ITR 498/233 Taxman 397/60 taxmann.com 237], was referred to, wherein, after following the judgment of the Madhya Pradesh High Court in Eicher Motors Ltd v. CIT [(2009) 315 ITR 312 / 157 Taxman 501, it was categorically held by the Delhi High Court that “Explanation 3C having retrospective effect with effect from 01.04.1989 shall be applicable to the year…