CIT v. Nirma Ltd.

397 ITR 49High Court2017#1408 most cited

What is CIT v. Nirma Ltd. authority for?

Interest from debtors and foreign exchange rate difference arising from exports are includible in the eligible profit for computing deductions under section 80HHC.

82

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Nirma Ltd. · Nirma Ltd. · Section 80HHC · Section 80HHC(3) · eligible profit · interest from debtors · foreign exchange difference · export deduction · business income · 397 ITR 49

Also reported as

55 Taxmann.com 125229 Taxmann 535

Sections most often in play

Section 115JBSection 234DSection 271(1)(c)Section 37(1)Section 80HHCSection 92C(4)Section 143(3)Section 43B

Issues it is cited on

section 80hhc(3)section 28(iv)section 80hhcsection 80hhsection 80hsection 115jasection 80iasection 234deligible businesssection 80icorporate guaranteeright to receive

Judgments citing CIT v. Nirma Ltd.

UNIPHOS ENTERPRISES LTD,MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

ITA 3878/MUM/2014[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04
Section 254(1)Section 271(1)(c)Section 37(1)Section 80

…ther remaining two\nitems are concerned, the Id AR of the assessee submits that interest from\ndebtors was allowed to be included in the eligible profit in assessees own case\nfor AY 1999-00 in ITA No.4695/Mum/2005, by Gujarat High Court in CIT Vs\nNirma Ltd (367 ITR 12 Guj) and Delhi High Court in CIT Vs Advance Detergents\nLtd (339 ITR 81 Delhi). So far as exchange rate difference on export of Rs.5.97\nCrore is concerned, such item was also allowed in in the eligible profit in\nassessees own case for AY 1999-00 in ITA No.4695/Mum/2005 and by the\ndecision of Bombay High Court in CIT Vs Vinati Organics Ltd (2013…

ASST CIT CC 38, MUMBAI vs. UNIPHOS ENTERPRISES LTD, MUMBAI

In the result, the appeal of assessee is allowed

ITA 3534/MUM/2014[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

…other remaining two items are concerned, the ld AR of the assessee submits that interest from debtors was allowed to be included in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005, by Gujarat High Court in CIT Vs Nirma Ltd (367 ITR 12 Guj) and Delhi High Court in CIT Vs Advance Detergents Ltd (339 ITR 81 Delhi). So far as exchange rate difference on export of Rs. 5.97 Crore is concerned, such item was also allowed in in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005 and by the decision of Bombay High Court in CIT Vs Vinati Organics Ltd (2013)…

ADDL CIT CEN RG IX, MUMBAI vs. UNIPHOS ENTERPRISES LTD ( FORMLERY KNOWN AS UNITED PHOSPHORUS LTD), MUMBAI

In the result, the appeal of assessee is allowed

ITA 6236/MUM/2010[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

…other remaining two items are concerned, the ld AR of the assessee submits that interest from debtors was allowed to be included in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005, by Gujarat High Court in CIT Vs Nirma Ltd (367 ITR 12 Guj) and Delhi High Court in CIT Vs Advance Detergents Ltd (339 ITR 81 Delhi). So far as exchange rate difference on export of Rs. 5.97 Crore is concerned, such item was also allowed in in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005 and by the decision of Bombay High Court in CIT Vs Vinati Organics Ltd (2013)…

UNIPHOS ENTERPRISES LTD ( FORMERLY KNOWN AS UNITED PHOSPHORUS LTD),MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

ITA 6224/MUM/2010[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

…other remaining two items are concerned, the ld AR of the assessee submits that interest from debtors was allowed to be included in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005, by Gujarat High Court in CIT Vs Nirma Ltd (367 ITR 12 Guj) and Delhi High Court in CIT Vs Advance Detergents Ltd (339 ITR 81 Delhi). So far as exchange rate difference on export of Rs. 5.97 Crore is concerned, such item was also allowed in in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005 and by the decision of Bombay High Court in CIT Vs Vinati Organics Ltd (2013)…

THE ACIT CC-38, MUMBAI vs. M/S. UNITED PHOSPHOROUS LTD, MUMBAI

In the result, the appeal of assessee is allowed

ITA 1822/MUM/2006[2002-2003]Status: DisposedITAT Mumbai30 May 2025AY 2002-2003

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

…other remaining two items are concerned, the ld AR of the assessee submits that interest from debtors was allowed to be included in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005, by Gujarat High Court in CIT Vs Nirma Ltd (367 ITR 12 Guj) and Delhi High Court in CIT Vs Advance Detergents Ltd (339 ITR 81 Delhi). So far as exchange rate difference on export of Rs. 5.97 Crore is concerned, such item was also allowed in in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005 and by the decision of Bombay High Court in CIT Vs Vinati Organics Ltd (2013)…

M/S. UNITED PHOSPHORUS LTD(NOW KNOWN AS UNIPHOS ENTERPRISES LTD),MUMBAI vs. THE DCIT CEN CIR-38, MUMBAI

In the result, the appeal of assessee is allowed

ITA 1787/MUM/2006[2002-2003]Status: DisposedITAT Mumbai30 May 2025AY 2002-2003

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

…other remaining two items are concerned, the ld AR of the assessee submits that interest from debtors was allowed to be included in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005, by Gujarat High Court in CIT Vs Nirma Ltd (367 ITR 12 Guj) and Delhi High Court in CIT Vs Advance Detergents Ltd (339 ITR 81 Delhi). So far as exchange rate difference on export of Rs. 5.97 Crore is concerned, such item was also allowed in in the eligible profit in assessees own case for AY 1999-00 in ITA No.4695/Mum/2005 and by the decision of Bombay High Court in CIT Vs Vinati Organics Ltd (2013)…

M/S. JAIPRAKASH POWER VENTURES LTD.,DEHRADUN vs. DCIT, DEHRADUN

ITA 3723/DEL/2013[2009-10]Status: DisposedITAT Dehradun23 May 2025AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. Dcit, M/S, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun Pan: Aaacj5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/S, Dcit, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun Juit, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh Pan: Aaacj5463 (Appellant) (Respondent) Assessee By Sh. Anil K. Chopra, Ca Sh. Sanjiv Choudhary, Ca Sh. V.K. Garg, Adv. Department By Sh. Amar Pal Singh, Sr. Dr Date Of Hearing 20.03.2025 Date Of Pronouncement 23.05.2025

Section 143(3)Section 801A

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘DB’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. DCIT, M/s, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun PAN: AAACJ5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/s, DCIT, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun JUIT, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh PAN: AAACJ5463 (Appellant) (Respondent) Assessee by S…

M/S. JAIPRAKASH POWER VENTURES LTD.,DEHRADUN vs. DCIT, DEHRADUN

ITA 3064/DEL/2013[2007-08]Status: DisposedITAT Dehradun23 May 2025AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. Dcit, M/S, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun Pan: Aaacj5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/S, Dcit, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun Juit, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh Pan: Aaacj5463 (Appellant) (Respondent) Assessee By Sh. Anil K. Chopra, Ca Sh. Sanjiv Choudhary, Ca Sh. V.K. Garg, Adv. Department By Sh. Amar Pal Singh, Sr. Dr Date Of Hearing 20.03.2025 Date Of Pronouncement 23.05.2025

Section 143(3)Section 801A

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘DB’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. DCIT, M/s, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun PAN: AAACJ5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/s, DCIT, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun JUIT, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh PAN: AAACJ5463 (Appellant) (Respondent) Assessee by S…

DCIT, DEHRADUN vs. M/S JAI PRAKASH POWER VENTURE LTD., H.P.

ITA 3929/DEL/2012[2008-09]Status: DisposedITAT Dehradun23 May 2025AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. Dcit, M/S, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun Pan: Aaacj5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/S, Dcit, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun Juit, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh Pan: Aaacj5463 (Appellant) (Respondent) Assessee By Sh. Anil K. Chopra, Ca Sh. Sanjiv Choudhary, Ca Sh. V.K. Garg, Adv. Department By Sh. Amar Pal Singh, Sr. Dr Date Of Hearing 20.03.2025 Date Of Pronouncement 23.05.2025

Section 143(3)Section 801A

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘DB’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. DCIT, M/s, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun PAN: AAACJ5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/s, DCIT, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun JUIT, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh PAN: AAACJ5463 (Appellant) (Respondent) Assessee by S…

M/S. JAIPRAKASH POWER VENTURES LTD.,,H.P. vs. DCIT, DEHRADUN

ITA 3925/DEL/2012[2008-09]Status: DisposedITAT Dehradun23 May 2025AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. Dcit, M/S, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun Pan: Aaacj5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/S, Dcit, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun Juit, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh Pan: Aaacj5463 (Appellant) (Respondent) Assessee By Sh. Anil K. Chopra, Ca Sh. Sanjiv Choudhary, Ca Sh. V.K. Garg, Adv. Department By Sh. Amar Pal Singh, Sr. Dr Date Of Hearing 20.03.2025 Date Of Pronouncement 23.05.2025

Section 143(3)Section 801A

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘DB’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 Vs. DCIT, M/s, Jaiprakash Power Ventures Ltd., Circle-2, 113, Rajpur Road, Dehradun Dehradun PAN: AAACJ5463 (Appellant) (Respondent) With Assessment Year: 2008-09 Vs. M/s, DCIT, Jaiprakash Power Circle-2, Ventures Ltd., Dehradun JUIT, Complex, Waknaghat, Post Office- Dumehar Bani, Kandaghat, Distt. Solan, Himachal Pradesh PAN: AAACJ5463 (Appellant) (Respondent) Assessee by S…

M/S VARDHMAN POLYTEX LTD. vs. C I T AND ANR.

ITA/556/2008HC Punjab & Haryana08 Aug 2024

Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH

Section 10BSection 80Section 80H

…aryana High Court, Chandigarh. [4] ITA-597-2008 (O&M) and connected cases. Bench judgment in case of Nirma Industries Ltd. vs. Dy. CIT [2006] 283 ITR 402 (Gujarat). The same was again followed by the Gujarat High Court in CIT vs. Nirma Ltd. [2014] 367 ITR 12. The view taken by the Gujarat High Court has been upheld by the Hon’ble Supreme Court. 6. Learned counsel for the revenue does not controvert with regard to the said judgments having been passed by the Gujarat High Court but submits that this Court should independently examine the matter. 7. We have considered the submissions. 8.…

M/S.VA TECH WABAG LTD,CHENNAI vs. ACIT CENTRAL CIRCLE 3(2), CHENNAI

The appeal stand allowed in terms of our above order

ITA 503/CHNY/2023[2006-07]Status: DisposedITAT Chennai13 Mar 2024AY 2006-07

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manomohan Das

For Appellant: Shri R. Vijayaraghavan (Advocate)-Ld. ARFor Respondent: Shri P. Sajit Kumar (JCIT) – Ld. Sr. DR
Section 143(3)Section 147Section 41(1)Section 80ISection 80l

…e source of business profits but has to be included in profits of the eligible undertaking in computing relief under sec 80/A. 3.6 The Commissioner of lncome tax (Appeals) failed to appreciate Gujarat High court decision in the case of CIT vs. Nirma Ltd. 2015 229 Taxmann 535 wherein it is held that sale of scraps is to be included for the purpose of calculation of deduction u/s.80lA and section 80HH of the Act. 3.7 The Commissioner of Income tax (Appeals) failed to appreciate that the Delhi Tribunal Decision in the case of ACIT vs. THDC India Ltd.215 39 /TR 206 wherein it is held that excess provision Written ban…

NHDC LIMITED,BHOPAL vs. DCIT - 3(1), BHOPAL, BHOPAL

In the result, the appeal of the revenue is dismissed, Cross appeal of the assesse is partly allowed for statistical purposes and CO is dismissed being infructuous

ITA 40/IND/2021[2015-16]Status: DisposedITAT Indore11 Dec 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninhdc Limited Dcit, 3(1) F-01, Nhdc Parisar, Shyamla Bhopal Vs. Hills Bhopal -462013 (Appellant / Assessee) (Revenue) Pan: Aabcn 1732G Dcit, 3(1) Nhdc Limited Bhopal F-01, Nhdc Parisar, Vs. Shyamla Hills Bhopal -462013 (Appellant / Revenue) (Assessee) Pan: Aabcn 1732G

Section 143(3)Section 80I

…out of sales of electricity. Therefore, these are income directly derived from the eligible business for deduction u/s 80IA of the Act. He has relied upon the judgment of Hon’ble Delhi High Court in case of CIT vs. Advance Detergent Ltd. & Bharat Rasayan Ltd. 339 ITR 81 wherein it was held that the interest on delayed payment becomes part of the sale proceeds and consequently an income derived from the business eligible for deduction u/s 80IA. He has also relied upon the judgment of Hon’ble Gujarat High Court in case of Nirma Industries Ltd vs. DCIT 283 ITR 402 which has been upheld by the Hon’ble Supreme Court a…

DCIT 3 (1) , BHOPAL vs. M/S NHDC LTD, BHOPAL

In the result, the appeal of the revenue is dismissed, Cross appeal of the assesse is partly allowed for statistical purposes and CO is dismissed being infructuous

ITA 316/IND/2020[2015-16]Status: DisposedITAT Indore11 Dec 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninhdc Limited Dcit, 3(1) F-01, Nhdc Parisar, Shyamla Bhopal Vs. Hills Bhopal -462013 (Appellant / Assessee) (Revenue) Pan: Aabcn 1732G Dcit, 3(1) Nhdc Limited Bhopal F-01, Nhdc Parisar, Vs. Shyamla Hills Bhopal -462013 (Appellant / Revenue) (Assessee) Pan: Aabcn 1732G

Section 143(3)Section 80I

…out of sales of electricity. Therefore, these are income directly derived from the eligible business for deduction u/s 80IA of the Act. He has relied upon the judgment of Hon’ble Delhi High Court in case of CIT vs. Advance Detergent Ltd. & Bharat Rasayan Ltd. 339 ITR 81 wherein it was held that the interest on delayed payment becomes part of the sale proceeds and consequently an income derived from the business eligible for deduction u/s 80IA. He has also relied upon the judgment of Hon’ble Gujarat High Court in case of Nirma Industries Ltd vs. DCIT 283 ITR 402 which has been upheld by the Hon’ble Supreme Court a…

TATA POWER DELHI DISTRIBUTION LTD.,DELHI vs. DCIT, CIRCLE-25(1), DELHI

In the result, the Assessee’s appeal for AY 2013-14 stands partly allowed for statistical purposes and appeal for AY 2014-

ITA 5781/DEL/2018[2014-15]Status: DisposedITAT Delhi06 Nov 2023AY 2014-15

Bench: Hon’Ble Justice C.V. Bhadang & Shri G.S. Pannu, Hon’Ble

Section 56Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’, NEW DELHI BEFORE HON’BLE JUSTICE C.V. BHADANG, PRESIDENT AND SHRI G.S. PANNU, HON’BLE VICE PRESIDENT ITA NOS. 5768 & 5769/DEL/2018 A.YRS. : 2013-14 & 2014-15 ACIT, CENTRAL 25(1), Vs. TATA POWER DELHI NEW DELHI DISTRIBUTION LTD. ROOM NO. 192-A, NDPL HOUSE, HUDSON C.R. BUILDING, LINES, KINGSWAY NEW DELHI CAMP, NEW DELHI – 110 009 (PAN: AABCN6804R) (Appellant) (Respondent) AND ITA NOS. 5780 & 5781/DEL/2018 A.YRS. : 2013-14 & 2014-15 TATA POWER DELHI Vs. ACIT, CENTRAL 25(1), DISTRIBUTION LTD. NEW DELHI NDPL HOUSE, HUDSON LINES, ROOM NO. 192-A, C.R. KINGSWAY CAMP…

TATA POWER DELHI DISTRIBUTION LTD.,DELHI vs. DCIT, CIRCLE-25(1), DELHI

In the result, the Assessee’s appeal for AY 2013-14 stands partly allowed for statistical purposes and appeal for AY 2014-

ITA 5780/DEL/2018[2013-14]Status: DisposedITAT Delhi06 Nov 2023AY 2013-14

Bench: Hon’Ble Justice C.V. Bhadang & Shri G.S. Pannu, Hon’Ble

Section 56Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’, NEW DELHI BEFORE HON’BLE JUSTICE C.V. BHADANG, PRESIDENT AND SHRI G.S. PANNU, HON’BLE VICE PRESIDENT ITA NOS. 5768 & 5769/DEL/2018 A.YRS. : 2013-14 & 2014-15 ACIT, CENTRAL 25(1), Vs. TATA POWER DELHI NEW DELHI DISTRIBUTION LTD. ROOM NO. 192-A, NDPL HOUSE, HUDSON C.R. BUILDING, LINES, KINGSWAY NEW DELHI CAMP, NEW DELHI – 110 009 (PAN: AABCN6804R) (Appellant) (Respondent) AND ITA NOS. 5780 & 5781/DEL/2018 A.YRS. : 2013-14 & 2014-15 TATA POWER DELHI Vs. ACIT, CENTRAL 25(1), DISTRIBUTION LTD. NEW DELHI NDPL HOUSE, HUDSON LINES, ROOM NO. 192-A, C.R. KINGSWAY CAMP…

ACIT, CENTRAL- 25(1), NEW DELHI vs. TATA POWER DELHI DISTRIBUTION LTD., NEW DELHI

In the result, the Assessee’s appeal for AY 2013-14 stands partly allowed for statistical purposes and appeal for AY 2014-

ITA 5769/DEL/2018[2014-15]Status: DisposedITAT Delhi06 Nov 2023AY 2014-15

Bench: Hon’Ble Justice C.V. Bhadang & Shri G.S. Pannu, Hon’Ble

Section 56Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’, NEW DELHI BEFORE HON’BLE JUSTICE C.V. BHADANG, PRESIDENT AND SHRI G.S. PANNU, HON’BLE VICE PRESIDENT ITA NOS. 5768 & 5769/DEL/2018 A.YRS. : 2013-14 & 2014-15 ACIT, CENTRAL 25(1), Vs. TATA POWER DELHI NEW DELHI DISTRIBUTION LTD. ROOM NO. 192-A, NDPL HOUSE, HUDSON C.R. BUILDING, LINES, KINGSWAY NEW DELHI CAMP, NEW DELHI – 110 009 (PAN: AABCN6804R) (Appellant) (Respondent) AND ITA NOS. 5780 & 5781/DEL/2018 A.YRS. : 2013-14 & 2014-15 TATA POWER DELHI Vs. ACIT, CENTRAL 25(1), DISTRIBUTION LTD. NEW DELHI NDPL HOUSE, HUDSON LINES, ROOM NO. 192-A, C.R. KINGSWAY CAMP…

ACIT, CENTRAL- 25(1), NEW DELHI vs. TATA POWER DELHI DISTRIBUTION LTD., NEW DELHI

In the result, the Assessee’s appeal for AY 2013-14 stands partly allowed for statistical purposes and appeal for AY 2014-

ITA 5768/DEL/2018[2013-14]Status: DisposedITAT Delhi06 Nov 2023AY 2013-14

Bench: Hon’Ble Justice C.V. Bhadang & Shri G.S. Pannu, Hon’Ble

Section 56Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’, NEW DELHI BEFORE HON’BLE JUSTICE C.V. BHADANG, PRESIDENT AND SHRI G.S. PANNU, HON’BLE VICE PRESIDENT ITA NOS. 5768 & 5769/DEL/2018 A.YRS. : 2013-14 & 2014-15 ACIT, CENTRAL 25(1), Vs. TATA POWER DELHI NEW DELHI DISTRIBUTION LTD. ROOM NO. 192-A, NDPL HOUSE, HUDSON C.R. BUILDING, LINES, KINGSWAY NEW DELHI CAMP, NEW DELHI – 110 009 (PAN: AABCN6804R) (Appellant) (Respondent) AND ITA NOS. 5780 & 5781/DEL/2018 A.YRS. : 2013-14 & 2014-15 TATA POWER DELHI Vs. ACIT, CENTRAL 25(1), DISTRIBUTION LTD. NEW DELHI NDPL HOUSE, HUDSON LINES, ROOM NO. 192-A, C.R. KINGSWAY CAMP…

M/S. UNITED PHOSPHORUS LTD.,MUMBAI vs. DCIT CENT. CIR. - 38, MUMBAI

In the result, appeal of the revenue is partly allowed

ITA 4695/MUM/2005[1999-2000]Status: DisposedITAT Mumbai20 Sept 2023AY 1999-2000

Bench: Shri Amit Shukla & Shri Gagan Goyalm/S. United Phosphorus Limited, Mumbai (Now Known As Uniphos Enterprises Ltd.) Uniphos House, 11-C.D. Marg Opp. Madhu Park Khar (W), Mumbai – 400 052 Pan: Aaacu3440P ...... Appellant Vs. Acit Cc -2 Dy. Commissioner Of Income Tax Central Circle-38 Mumbai ..... Respondent Acit Cc -2 Dy. Commissioner Of Income Tax Central Circle-38 Mumbai ...... Appellant Vs. M/S. United Phosphorus Limited, Mumbai (Now Known As Uniphos Enterprises Ltd.) Uniphos House, 11-C.D. Marg Opp. Madhu Park Khar (W) Mumbai – 400 052 Pan: Aaacu3440P ...... Respondent (Now Known As Uniphos Enterprises Ltd.)

For Appellant: Ms. Vasanti B Patel / Shri KiritFor Respondent: Shri Rajneesh Yadav
Section 143(3)Section 37(1)

…. 7.93 lacs In respect of interest earned from debtors and interest from employees, it is submitted that it is inextricably linked to the business of the eligible undertakings. In this regard, reliance is placed on the following decisions: CIT vs Nirma Ltd (367 ITR 12) (Guj) CIT vs Advance Detergents Ltd (339 ITR 81) (Del) Considering the above judicial pronouncements on the subject matter (supra), we are in agreement that item no. (a) & (b) of serial no. (II) are eligible for the purposes of section 80 IA, hence the same are allowed. c. Interest from advance given for investments in preference shares of CIL…

ACC LIMITED,MUMBAI vs. DCIT (LTU), MUMBAI

In the result, appeal filed by department is dismissed

ITA 800/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…g with these schemes. It is also important to bear in mind the fact that the subsidies received by the assessee are in the nature of sales tax subsidies, and dealing with sales tax subsidies, Hon’ble Gujarat High Court, in the case of CIT Vs Nirma Ltd [(2017) 397 ITR 49 (Guj)], has observed as follows: 7. So far as second issued as to Whether the Appellate Tribunal was right in law and on facts in upholding the decision of the CIT (A) and in directing the Assessing Officer to consider the Sales-tax exemption benefit of Rs. 5,45,81,171/- as capital Page No. | 7 ITA NO.4669& 4556/MUM/2012 (A.Y: 2007-08) M/s. ACC L…

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