CIT v. Motorola India Electronics (P.) Ltd.

46 Taxmann.com 167High Court2014#1478 most cited

What is CIT v. Motorola India Electronics (P.) Ltd. authority for?

Interest income derived from funds of an undertaking, such as from FDRs or EEFC accounts, forms part of the "profits of the business of the undertaking" and is eligible for deduction under Sections 10A and 10B, provided there is a direct nexus with the business. This deduction applies to the entire income from the business of the undertaking, not solely to profits from export activities.

77

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Motorola India Electronics (P.) Ltd. · Section 10A deduction · Section 10B deduction · profits of the business of the undertaking · interest on fixed deposits · EEFC account interest · direct nexus · export oriented unit · income eligible for deduction · business income eligibility

Also reported as

225 Taxmann 11

Sections most often in play

Section 10AASection 143(3)Section 10ASection 115-OSection 234BSection 10BSection 250Section 37(1)
Read the full judgment

Issues it is cited on

section 10basection 75export oriented unitconvertible foreign exchangeinterest on outstanding receivablessection 10bsection 80hhcinitial assessment yearsection 80hsection 80hhtransfer pricing ordersection 10aa

Judgments citing CIT v. Motorola India Electronics (P.) Ltd.

The Assistant Commissioner of Income Tax, Jalandhar vs. M/S Broadways Overseas Ltd, Jalandhar

ITA 477/ASR/2015[2008-09]Status: DisposedITAT Amritsar30 May 2023AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. No. 477/Asr/2015 Assessment Year: 2008-09 The Asstt. Commissioner of V. M/s Broadways Overseas Ltd., Income Tax, Range-1, G. T. Road, Suranussi, Jalandhar Jalandhar [PAN: AABCB 3927H] (Respondent) (Appellant) C. O. No. 32/Asr/2015 (Arising out of ITA No. 477/Asr/2015) Assessment Year: 2008-09 M/s Broadways Overseas V. The Asstt. Commissioner of Ltd., G. T. Road, Suranussi, Income Tax, Range-1, Jalandhar Jalandhar [PAN: AABCB 3927H] (Respondent) (App…

Picric Ltd vs. ITO Ward 14 (4)

In the result, the appeal of the assessee is allowed with directions contained in para 22 above

ITA 4115/DEL/2007[2004-2005]Status: DisposedITAT Delhi06 Apr 2023AY 2004-2005

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

For Appellant: Shri Neeraj Jain,AdvocateFor Respondent: Shri H.K. Chaudhary, CIT(DR)
Section 10BSection 143(1)Section 143(3)Section 80H

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”: NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No. 4115/Del/07 Assessment Year: 2004-05 Picric Limited Vs. Income Tax Officer (Now known as Veetee Ward 14(4) Fine Foods Ltd.) New Delhi. Netaji Subhash Place, Pitampura, New Delhi- 110 034. (Appellant) (Respondent) Assessee by: Shri Neeraj Jain,Advocate Ms. Shaily Gupta, Advocate Shri Paritosh Garg, Advocate Department by : Shri H.K. Chaudhary, CIT(DR) Shri Sumit Kumar Verma, Sr. DR Date of Hearing 06.04.2022 06.01.2023 Date of 06.04.2023 pronouncement O R D E R PER…

M/S Harman Connected Services Corporation India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(2), Bangalore

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

ITA 1982/BANG/2018[2012-13]Status: DisposedITAT Bangalore12 Jan 2023AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

…ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA Nos.1980 to 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13 M/s. Harman Connected Services Corporation India Pvt. Ltd. (formerly known as Symphony Teleca Addl. CIT Corporation India Private Ltd.) Range-12 No.3 & 3A, EOIZ Industrial Area (currently with ACIT Survey No.85 & 86, Sadarmangala Vs. Circle-3(1)(2)) Village Bangalore Krishnarajapuram Hobli B…

M/S Harman Connected Services Corporation India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(2), Bangalore

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

ITA 1981/BANG/2018[2010-11]Status: DisposedITAT Bangalore12 Jan 2023AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

…ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA Nos.1980 to 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13 M/s. Harman Connected Services Corporation India Pvt. Ltd. (formerly known as Symphony Teleca Addl. CIT Corporation India Private Ltd.) Range-12 No.3 & 3A, EOIZ Industrial Area (currently with ACIT Survey No.85 & 86, Sadarmangala Vs. Circle-3(1)(2)) Village Bangalore Krishnarajapuram Hobli B…

M/S Harman Connected Services Corporation India Private Limited, Bangalore vs. Additional Commissioner of Income Tax Range-12, Bangalore

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

ITA 1980/BANG/2018[2009-10]Status: DisposedITAT Bangalore12 Jan 2023AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

…ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA Nos.1980 to 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13 M/s. Harman Connected Services Corporation India Pvt. Ltd. (formerly known as Symphony Teleca Addl. CIT Corporation India Private Ltd.) Range-12 No.3 & 3A, EOIZ Industrial Area (currently with ACIT Survey No.85 & 86, Sadarmangala Vs. Circle-3(1)(2)) Village Bangalore Krishnarajapuram Hobli B…

Hikal Ltd, Mumbai vs. DCIT Cir 3(1), Mumbai

In the result appeal of the assessee for A

ITA 5388/MUM/2012[2009-10]Status: DisposedITAT Mumbai23 Aug 2022AY 2009-10
Section 10ASection 10BSection 143(3)

…s and gains derived by the undertaking engaged in the business of export of articles or things. This Tribunal had also placed reliance on the decision of the Hon‟ble Karnataka High Court in the case of CIT vs, Motorola India Electronics Pvt. Ltd., reported in 46 Taxmann.com 167 wherein it was held that what is exempted is not merely the profits and gains of the export of articles but also the income from the business of the undertaking. Proceeding further, the Hon‟ble High Court also observed that export profits kept in the EEFC account are the income of the business undertaking, hence the assessee would be entit…

Hikal Ltd, Mumbai vs. DCIT Cir 3(1), Mumbai

In the result appeal of the assessee for A

ITA 5387/MUM/2012[2008-09]Status: DisposedITAT Mumbai23 Aug 2022AY 2008-09
Section 10ASection 10BSection 143(3)

…s and gains derived by the undertaking engaged in the business of export of articles or things. This Tribunal had also placed reliance on the decision of the Hon‟ble Karnataka High Court in the case of CIT vs, Motorola India Electronics Pvt. Ltd., reported in 46 Taxmann.com 167 wherein it was held that what is exempted is not merely the profits and gains of the export of articles but also the income from the business of the undertaking. Proceeding further, the Hon‟ble High Court also observed that export profits kept in the EEFC account are the income of the business undertaking, hence the assessee would be entit…

DCIT (OSD) Cir 3(1), Mumbai vs. Hikal Ltd, Mumbai

In the result appeal of the assessee for A

ITA 5372/MUM/2012[2009-10]Status: DisposedITAT Mumbai23 Aug 2022AY 2009-10
Section 10ASection 10BSection 143(3)

…s and gains derived by the undertaking engaged in the business of export of articles or things. This Tribunal had also placed reliance on the decision of the Hon‟ble Karnataka High Court in the case of CIT vs, Motorola India Electronics Pvt. Ltd., reported in 46 Taxmann.com 167 wherein it was held that what is exempted is not merely the profits and gains of the export of articles but also the income from the business of the undertaking. Proceeding further, the Hon‟ble High Court also observed that export profits kept in the EEFC account are the income of the business undertaking, hence the assessee would be entit…

M/S. I-Flex Solutions Ltd, Mumbai vs. The ACIT Cir 8(2), Mumbai

In the result, appeal is dismissed

ITA 5023/MUM/2007[2003-2004]Status: DisposedITAT Mumbai12 Oct 2021AY 2003-2004

Bench: Shri Pramod Kumar, Hon’Ble & Shri Saktijit Dey, Hon’Bleassessment Year: 2003-04 Dy. Commissioner Of Income Tax- M/S Oracle Financial Services 8(2), Software Ltd. Room No. 209/216A, 2Nd Floor, (Formerly Known As M/S I-Flex Aayakar Bhavan, M.K. Road, Vs. Solutions Ltd.), Mumbai - 400020 1,Oracle Park, Off Western Express Highway, Goregaon (E), Mumbai - 400063 Pan: Aaacc1448B (Appellant) (Respondent) Assessment Year: 2003-04 M/S Oracle Financial Services Assistant Commissioner Of Software Ltd. Income Tax, (Formerly Known As I-Flex Range- 8(2), Solutions Ltd.), Vs. Mumbai Oracle Park, Off Western Express Highway, Goregaon (East), Mumbai - 400063 Pan: Aaacc1448B (Appellant) (Respondent) Assessment Year: 2004-05 M/S Oracle Financial Services Additional Commissioner Of Software Ltd. Income Tax, (Formerly Known As I-Flex Range- 8(2), Solutions Ltd.), Vs. Mumbai Oracle Park, Off Western Express Highway, Goregaon (East), Mumbai - 400063 Pan: Aaacc1448B (Appellant) (Respondent) Assessment Years: 2003-04 & 2004-05 Assessment Year: 2004-05 D.C.I.T. 8(2), M/S Oracle Financial Services Room No. 216-A, Aayakar Software Ltd. Bhavan, M.K. Road, (Formerly Known As I-Flex Mumbai - 400020 Vs. Solutions Ltd.), 399, Subhash Road, Vile Parle (East), Mumbai - 400057 Pan: Aaacc1448B (Appellant) (Respondent) Revenue By : Shri Sushil Kumar Mishra (Dr)

For Appellant: S/Shri Ajit Kumar Jain/For Respondent: Shri Sushil Kumar Mishra (DR)
Section 10A

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “K”, MUMBAI BEFORE SHRI PRAMOD KUMAR, HON’BLE VICE PRESIDENT AND SHRI SAKTIJIT DEY, HON’BLE JUDICIAL MEMBER Assessment Year: 2003-04 Dy. Commissioner of Income Tax- M/s Oracle Financial Services 8(2), Software Ltd. Room No. 209/216A, 2nd Floor, (Formerly known as M/s I-Flex Aayakar Bhavan, M.K. Road, Vs. Solutions Ltd.), Mumbai - 400020 1,Oracle Park, Off Western Express Highway, Goregaon (E), Mumbai - 400063 PAN: AAACC1448B (Appellant) (Respondent) Assessment Year: 2003-04 M/s Oracle Financial Services Assistant Commissioner of Software Ltd. Income Tax, (Former…

The DCIT 8(2), Mumbai vs. M/S. Iflex Solutions Ltd, Mumbai

In the result, appeal is dismissed

ITA 4888/MUM/2007[2003-2004]Status: DisposedITAT Mumbai12 Oct 2021AY 2003-2004

Bench: Shri Pramod Kumar, Hon’Ble & Shri Saktijit Dey, Hon’Bleassessment Year: 2003-04 Dy. Commissioner Of Income Tax- M/S Oracle Financial Services 8(2), Software Ltd. Room No. 209/216A, 2Nd Floor, (Formerly Known As M/S I-Flex Aayakar Bhavan, M.K. Road, Vs. Solutions Ltd.), Mumbai - 400020 1,Oracle Park, Off Western Express Highway, Goregaon (E), Mumbai - 400063 Pan: Aaacc1448B (Appellant) (Respondent) Assessment Year: 2003-04 M/S Oracle Financial Services Assistant Commissioner Of Software Ltd. Income Tax, (Formerly Known As I-Flex Range- 8(2), Solutions Ltd.), Vs. Mumbai Oracle Park, Off Western Express Highway, Goregaon (East), Mumbai - 400063 Pan: Aaacc1448B (Appellant) (Respondent) Assessment Year: 2004-05 M/S Oracle Financial Services Additional Commissioner Of Software Ltd. Income Tax, (Formerly Known As I-Flex Range- 8(2), Solutions Ltd.), Vs. Mumbai Oracle Park, Off Western Express Highway, Goregaon (East), Mumbai - 400063 Pan: Aaacc1448B (Appellant) (Respondent) Assessment Years: 2003-04 & 2004-05 Assessment Year: 2004-05 D.C.I.T. 8(2), M/S Oracle Financial Services Room No. 216-A, Aayakar Software Ltd. Bhavan, M.K. Road, (Formerly Known As I-Flex Mumbai - 400020 Vs. Solutions Ltd.), 399, Subhash Road, Vile Parle (East), Mumbai - 400057 Pan: Aaacc1448B (Appellant) (Respondent) Revenue By : Shri Sushil Kumar Mishra (Dr)

For Appellant: S/Shri Ajit Kumar Jain/For Respondent: Shri Sushil Kumar Mishra (DR)
Section 10A

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “K”, MUMBAI BEFORE SHRI PRAMOD KUMAR, HON’BLE VICE PRESIDENT AND SHRI SAKTIJIT DEY, HON’BLE JUDICIAL MEMBER Assessment Year: 2003-04 Dy. Commissioner of Income Tax- M/s Oracle Financial Services 8(2), Software Ltd. Room No. 209/216A, 2nd Floor, (Formerly known as M/s I-Flex Aayakar Bhavan, M.K. Road, Vs. Solutions Ltd.), Mumbai - 400020 1,Oracle Park, Off Western Express Highway, Goregaon (E), Mumbai - 400063 PAN: AAACC1448B (Appellant) (Respondent) Assessment Year: 2003-04 M/s Oracle Financial Services Assistant Commissioner of Software Ltd. Income Tax, (Former…

Tech Mahindra Business Serices Ltd, Mumbai vs. DCIT Cir 9(2), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 1326/MUM/2014[2009-10]Status: DisposedITAT Mumbai15 Sept 2021AY 2009-10
Section 143(3)Section 144C(5)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI AMARJIT SINGH, JUDICIAL MEMBER M/s. Tech Mahindra Vs. Deputy Commissioner of Business Services Limited Income Tax Spectrum Towers, Circle 9(2), Mind Space, Chincholi Mumbai- 400 020 Bunder Link Road Malad (W), Mumbai – 400 064 PAN/GIR No.AABCH8136L (Appellant) .. (Respondent) Assessee by Shri Harsh Kapadia Revenue by Shri Vatsalya Saxena Date of Hearing 08/09/2021 Date of Pronouncement 15/ 09 /2021 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.1326/Mum/2014 for A.Y.2009-10 preferre…

The Pr Commissioner of Income Tax vs. M/S Sasken Technologies Ltd

ITA/55/2021HC Karnataka03 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 260Section 260A

…IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2021 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON’BLE MR. JUSTICE RAVI V. HOSMANI I.T.A.No.55/2021 BETWEEN : 1 . THE PR. COMMISSIONER OF INCOME TAX, 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU-560095 2 . THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-6(1)(1) 2ND FLOOR, BMTC BUILDING, 6TH BLOCK 80 FEET ROAD, KORAMANGALA BENGALURU-560095 ...APPELLANTS (BY SRI K.V.ARAVIND, ADV.) AND : M/s SASKEN TECHNOLOGIES LTD., (FORMERLY KNOWN AS SASKEN COM…

M/S. Ocwen Financial Solutions Private Limited, Bengaluru vs. Joint Commissioner of Income Tax, Special Range-5, Bengaluru

In the result, appeal filed by the assessee for assessment year

ITA 2292/BANG/2019[2010-11]Status: DisposedITAT Bangalore12 Jul 2021AY 2010-11

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2012-13 Ocwen Financial Solutions Pvt. Ltd. Pritech Park, Survey No.51 To 64/4 Acit Circle- Block No.12, 5Th Floor Of B Wing & 6Th Floor Of 5(1)(2) Vs. A Wing, Bellandur Village, Marathahalli Ring Bengaluru Road, Bengaluru 560 103 Pan No : Aaaco3764E Appellant Respondent Assessment Year : 2010-11 Ocwen Financial Solutions Pvt. Ltd. Jcit Spl.Range-5 Vs. Bangalore Bangalore Appellant Respondent Appellant By : Shri K.R. Vasudevan, A.R. Respondent : Ms. Neera Malhotra & By Shri Kannan Narayanan, D.Rs Date Of Hearing : 23.06.2021 Date Of Pronouncement : 12.07.2021 O R D E R

For Appellant: Shri K.R. Vasudevan, A.RFor Respondent: Ms. Neera Malhotra &
Section 10ASection 143(3)

…ITA No.153/Bang/2017 & ITA 2292/Bang/2019 Ocwen Financial Solutions Pvt. Ltd., Bengaluru IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER Assessment Year : 2012-13 Ocwen Financial Solutions Pvt. Ltd. Pritech Park, Survey No.51 to 64/4 ACIT Circle- Block No.12, 5th Floor of B Wing & 6th Floor of 5(1)(2) Vs. A Wing, Bellandur village, Marathahalli Ring Bengaluru Road, Bengaluru 560 103 PAN NO : AAACO3764E APPELLANT RESPONDENT Assessment Year : 2010-11 Ocwen Financial Solutions Pvt. Ltd. JCIT Spl.Range-5 Vs. Bangalore…

Ocwen Financial Solutions Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-5(1)(2), Bangalore

In the result, appeal filed by the assessee for assessment year

ITA 153/BANG/2017[2012-13]Status: DisposedITAT Bangalore12 Jul 2021AY 2012-13

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2012-13 Ocwen Financial Solutions Pvt. Ltd. Pritech Park, Survey No.51 To 64/4 Acit Circle- Block No.12, 5Th Floor Of B Wing & 6Th Floor Of 5(1)(2) Vs. A Wing, Bellandur Village, Marathahalli Ring Bengaluru Road, Bengaluru 560 103 Pan No : Aaaco3764E Appellant Respondent Assessment Year : 2010-11 Ocwen Financial Solutions Pvt. Ltd. Jcit Spl.Range-5 Vs. Bangalore Bangalore Appellant Respondent Appellant By : Shri K.R. Vasudevan, A.R. Respondent : Ms. Neera Malhotra & By Shri Kannan Narayanan, D.Rs Date Of Hearing : 23.06.2021 Date Of Pronouncement : 12.07.2021 O R D E R

For Appellant: Shri K.R. Vasudevan, A.RFor Respondent: Ms. Neera Malhotra &
Section 10ASection 143(3)

…ITA No.153/Bang/2017 & ITA 2292/Bang/2019 Ocwen Financial Solutions Pvt. Ltd., Bengaluru IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER Assessment Year : 2012-13 Ocwen Financial Solutions Pvt. Ltd. Pritech Park, Survey No.51 to 64/4 ACIT Circle- Block No.12, 5th Floor of B Wing & 6th Floor of 5(1)(2) Vs. A Wing, Bellandur village, Marathahalli Ring Bengaluru Road, Bengaluru 560 103 PAN NO : AAACO3764E APPELLANT RESPONDENT Assessment Year : 2010-11 Ocwen Financial Solutions Pvt. Ltd. JCIT Spl.Range-5 Vs. Bangalore…

Tech Mahindra Business Services Ltd, Mumbai vs. DCIT Cir 13(3)(2), Mumbai

In the result, assessee’s appeal is partly allowed

ITA 766/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Jun 2021AY 2011-12

Bench: Shri Pramod Kumar () & Shri Saktijit Dey ()

Section 143(3)

…1 ITA 766/Mum/2019 IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI SAKTIJIT DEY (JUDICIAL MEMBER) I.T.A. No.766/Mum/2016 (Assessment year 2011-12) Tech Mahindra Business Services Ltd vs Deputy Commissioner of Income-tax, (Formerly known as Hutchison 3 Circle-13(3)(2), Mumbai Global Services Limited) Spectrum Towers, Mindspace Chincholi Bunder, Link Road Malad (W), Mumbai-400 064 PAN : AABCH8136L APPELLANT RESPONDENT Appellant by Shri J. D. Mistri, Senior Counsel Respondent by Shri Vatsalya Saxena, CIT (DR) Date of hearing 14 -06-2021 Date of pronoun…

Unitedhealth Group Information Services Pvt. Ltd., New Delhi vs. Addl. CIT, Special Range- 9, New Delhi

ITA 6665/DEL/2017[2013-14]Status: DisposedITAT Delhi29 Sept 2020AY 2013-14

Bench: Shri N.K.Billaiya & Shri Kuldip Singh

For Appellant: Shri Nageshwar Rao, AdvFor Respondent: Shri Anupham Kant Garg, CIT-DR
Section 143(3)Section 144CSection 154Section 254Section 92C

…at would arise is whether the interest on the FDRs could form part of the 'profits of the business of the undertaking'. The attention of the Court has been drawn to the decision of the Karnataka High Court in CIT v. Motorola India Electronics Pvt. Ltd. (2014) 46 Taxmann.com 167 (Kar.) which held that there was a direct nexus between the interest received from the FDRs created by a similarly placed Assessee from the amounts borrowed by it. The High Court approved the order of the ITAT in that case which held that the entire profits of the business of the undertaking should be taken into consideration while computi…

United Health Group Information Services Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 473/DEL/2016[2011-12]Status: DisposedITAT Delhi25 Aug 2020AY 2011-12

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2011-12 Optum Global Solutions (India) Vs Dcit, Private Limited Circle-27(1), (Formerly Known As United Health Cr Building, Group Information Services Pvt. New Delhi. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q Assessment Year: 2011-12 Dcit, Vs Optum Global Solutions (India) Circle-27(1), Private Limited Cr Building, (Formerly Known As United Health New Delhi Group Information Services Pvt. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao & Shri S. Chakraborty, Advocates Revenue By : Shri Anupam Kant Garg, Cit, Dr Date Of Hearing : 16.06.2020 Date Of Pronouncement : 25.08.2020

For Appellant: Shri Nageshwar Rao &For Respondent: Shri Anupam Kant Garg, CIT, DR
Section 10ASection 115JSection 143(3)Section 144C

…at would arise is whether the interest on the FDRs could form part of the 'profits of the business of the undertaking'. The attention of the Court has been drawn to the decision of the Karnataka High Court in CIT v. Motorola India Electronics Pvt. Ltd. (2014) 46 Taxmann.com 167 (Kar.) which held that there was a direct nexus between the interest received from the FDRs created by a similarly placed Assessee from the amounts borrowed by it. The High Court approved the order of the ITAT in that case which held that the entire profits of the business of the undertaking should be taken into consideration while computi…

DCIT, New Delhi vs. M/S United Health Group Information Services Pvt. Ltd, New Delhi

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 193/DEL/2016[2011-12]Status: DisposedITAT Delhi25 Aug 2020AY 2011-12

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2011-12 Optum Global Solutions (India) Vs Dcit, Private Limited Circle-27(1), (Formerly Known As United Health Cr Building, Group Information Services Pvt. New Delhi. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q Assessment Year: 2011-12 Dcit, Vs Optum Global Solutions (India) Circle-27(1), Private Limited Cr Building, (Formerly Known As United Health New Delhi Group Information Services Pvt. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao & Shri S. Chakraborty, Advocates Revenue By : Shri Anupam Kant Garg, Cit, Dr Date Of Hearing : 16.06.2020 Date Of Pronouncement : 25.08.2020

For Appellant: Shri Nageshwar Rao &For Respondent: Shri Anupam Kant Garg, CIT, DR
Section 10ASection 115JSection 143(3)Section 144C

…at would arise is whether the interest on the FDRs could form part of the 'profits of the business of the undertaking'. The attention of the Court has been drawn to the decision of the Karnataka High Court in CIT v. Motorola India Electronics Pvt. Ltd. (2014) 46 Taxmann.com 167 (Kar.) which held that there was a direct nexus between the interest received from the FDRs created by a similarly placed Assessee from the amounts borrowed by it. The High Court approved the order of the ITAT in that case which held that the entire profits of the business of the undertaking should be taken into consideration while computi…

M/S R Systems International Ltd., New Delhi vs. ACIT, New Delhi

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

ITA 6506/DEL/2016[2011-12]Status: DisposedITAT Delhi04 Oct 2019AY 2011-12

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2011-12]

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vijay Kumar Chaddha, Sr. DR
Section 10ASection 10A(4)

…quoted below. "9. The question as to what can constitute as profits and gains derived by a 100% EOU from the export of articles and computer software came for consideration before the Karnataka High Court in CIT v. Motorola India Electronics Pvt. Ltd. (2014) 46 Taxmann.com 167 (Kar). The said appeal before the Karnataka High Court was by the Revenue challenging an order passed by the ITAT which held that the interest payable on FDRs was part of the profits of the business of the undertaking and therefore includible in the income eligible for deduction Sections 10A and 10B of the Act. There the Assessee had earne…

DCIT, Gurgaon vs. M/S. Q.H. Talbros Ltd., Gurgaon

In the result, both the appeals of the Revenue are dismissed

ITA 806/DEL/2016[2009-10]Status: DisposedITAT Delhi26 Jul 2019AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Surender Pal, Sr.D.RFor Respondent: Shri V.K. Aggarwal, AR
Section 10BSection 10B(1)Section 143(3)Section 14ASection 36(1)(iii)

…at would arise is whether the interest on the FDRs could form part of the ‘profits of the business of the undertaking’. The attention of the Court has been drawn to the decision of the Karnataka High Court in CIT v. Motorola India Electronics Pvt. Ltd. (2014) 46 Taxmann.com 167 (Kar.) which held that there was a direct nexus between the interest received from the FDRs created by a similarly placed Assessee from the amounts borrowed by it. The High Court approved the order of the ITAT in that case which held that the entire profits of the business of the undertaking should be taken into consideration while computi…