CIT v. Sadhu Forging Ltd.

336 ITR 444High Court2011#1559 most cited

What is CIT v. Sadhu Forging Ltd. authority for?

Receipts from the sale of scrap generated during manufacturing or production activities are eligible for deduction under Section 80-IB of the Income-tax Act.

73

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2013 to 2024.

Also referred to as

CIT v. Sadhu Forging Ltd. · 336 ITR 444 · section 80-IB · scrap sale · manufacturing · production · profit based deduction · eligible for deduction

Also reported as

172 Taxmann 5

Sections most often in play

Section 1961Section 14ASection 80IBSection 115JBSection 132Section 153ASection 142(1)Section 143(2)
Read the full judgment

Issues it is cited on

section 2(15a)section 17(2)(iiia)profit split methodsection 92ca(4)section 17(2)comparable uncontrolled price methodcost plus methodinterest on interestsection 43asection 32(1)(iia)section 80hsection 80ib

Judgments citing CIT v. Sadhu Forging Ltd.

M/S Replika Press Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Appeal of the Assessee is partly allowed for statistical purpose and appeal of the Revenue is dismissed

ITA 3487/DEL/2011[2008-09]Status: DisposedITAT Delhi26 Mar 2019AY 2008-09

Bench: Shri R. K. Panda & Ms Suchitra Kamblereplika Press Pvt. Ltd. Vs Acit B-214, Ashok Vihar, Circle-15(1) Phase-1 New Delhi New Delhi Aaacr1084L (Appellant) (Respondent) Dcit Vs Replika Press Pvt. Ltd. Circle-15(1) B-214, Ashok Vihar, C. R. Building, I.P. Estate Phase-1 New Delhi New Delhi Aaacr1084L (Appellant) (Respondent)

Section 10BSection 143(1)Section 80

…Topman Export (Supra). Ground No. 1 of the assessee’s appeal is partly allowed for statistical purpose. 7. As regards Ground No.2 of assessee’s appeal, the Ld. AR relied upon the decision of the Hon’ble Delhi High Court in case of CIT vs. Sadhu Forging Ltd. 336 ITR 444 wherein it is held that the receipts of sale of scrap being part and parcel of the activity and being proximate thereto would also be within the ambit of gains derived from industrial undertaking for the purpose of computing deduction under Section 80-IB of the Act. Thus, the Assessing Officer as well as the CIT(A) are not correct in not reducing…

M/S Halycon Life Sciences Pvt. Ltd., Chandigarh vs. Pr. CIT (Central), Gurgaon

In the result, appeal of the assessee is allowed

ITA 578/CHANDI/2016[2010-11]Status: DisposedITAT Chandigarh06 Mar 2018AY 2010-11

Bench: Ms. Diva Singh & Dr. B.R.R.Kumarassessment Year: 2010-11

For Appellant: Shri Ved JainFor Respondent: Dr. Gulshan Raj
Section 115JSection 153ASection 153A(1)(b)Section 263Section 80Section 80I

…/2015. 10. The sale of scrap is an integral part of the manufacturing activity thus it would be directly related to business and eligible for deduction. Reliance is placed on the judgment of Hon’ble Delhi High Court in the case of CIT Vs. Saadhu Forging Ltd. 336 ITR 444. Similarly the misc. income written off of Rs. 1,222/- is a part of the business income and would be eligible for deduction. 11. Since the additions proposed by the Ld. Pr. CIT on account of excise incentives, sale of scrap, interest on FDR’s are squarely covered by the judicial precedence’s, it cannot be said that allowing of such deduction by…

Anchor Electricals Pvt. Ltd., Mumbai vs. A.C.I.T. Cen.Cir.41, Mumbai

In the result of appeals of the assessee are partly allowed

ITA 6930/MUM/2012[2008-09]Status: DisposedITAT Mumbai26 Apr 2017AY 2008-09

Bench: Shri C.N. Prasad () & Shri Ashwani Taneja ()

Section 143(3)Section 144C(13)Section 144C(5)

…1 Anchor Electricals IN THE INCOME TAX APPELLATE TRIBUNNAL MUMBAI BENCH ‘’K’’, MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI ASHWANI TANEJA (ACCOUNTANT MEMBER) I.T.A.No.6930/Mum/2012 - AY 2008-09 I.T.A.No.326 /Mum/2012 - AY 2011-12 Anchor Electricals Pvt Ltd V/s Dy.CIT, Cent.Cir. 7(2), Mumbai 3rd Floor, I-Think Techno Campus, Pokharan Road No.2 Thane (W) 400 067 PAN : AAECA2190C Appellant Respondent Appellant by Shri Nitesh Joshi Respondent by Shri Mahesh Kumar CIT Date of hearing 22.03.2017 Date of order 26.04.2017 O R D E R Per Ashwani Taneja, AM:- These appeals pertain to same assessee for tw…

Rohda Specialtiy Chemicals India Ltd, Mumbai vs. Addl CIT Cir 6(1), Mumbai

Appeal stands dismissed for want of substantial question of law

ITA 830/MUM/2014[2009-10]Status: DisposedITAT Mumbai24 Apr 2017AY 2009-10

Bench: Shri Shamim Yahya & Shri C.N. Prasadita No. 830/Mum/2014 : (A.Y : 2009-10) M/S Rhodia Specialty Chemicals Vs. Addl. Cit – Circle 6(1) India Ltd. (Formerly Known As Room No.511, Aayakar Bhawan M/S Albright & Wilson Chemicals Mk Road India Ltd.), Phoenix House, A Wing New Marine Lines 4Th Floor, 462 Senapati Bapat Marg Mumbai – 400 020 Lower Parel (West) Mumbai – 400 013 Pan : Aaaca3841L Ita No. 622/Mum/2014 : (A.Y : 2009-10) Dcit -7(2) Vs. M/S Rhodia Specialty Chemicals Room No.624, Mk Road India Ltd. (Formerly Known As Mumbai – 400 020 M/S Albright & Wilson Chemicals India Ltd.), Phoenix House, A Wing 4Th Floor, 462 Senapati Bapat Marg Lower Parel (West) Mumbai – 400 013 (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent)

For Appellant: Shri Manish V ShahFor Respondent: Shri Rajguru M
Section 143(3)

…ssessee also placed reliance on the decision in the case of CIT Vs. 33 ITA NO. 830/MUM/2014 and ITA NO. 622/MUM/2014 M/s Rhodia Specialty Chemicals India Ltd. (Formerly known as M/s Albright & Wilson Chemicals India Ltd.) , A.Y : 2009-10 Sadhu Forging Ltd. [336 ITR 444 (Delhi)] in support of his submissions that scrap sale and other miscellaneous receipts are income from business. As regards insurance claim, the Ld. Counsel for Assessee submits that because of theft of raw materials insurance claim was received by the Assessee. Counsel for Assessee submits that in the case of Mazda Colours Ltd. Vs. DCIT in ITA…

DCIT 7(2), Mumbai vs. Albright & Wilson Chemicals India Ltd, Mumbai

Appeal stands dismissed for want of substantial question of law

ITA 622/MUM/2014[2009-10]Status: DisposedITAT Mumbai24 Apr 2017AY 2009-10

Bench: Shri Shamim Yahya & Shri C.N. Prasadita No. 830/Mum/2014 : (A.Y : 2009-10) M/S Rhodia Specialty Chemicals Vs. Addl. Cit – Circle 6(1) India Ltd. (Formerly Known As Room No.511, Aayakar Bhawan M/S Albright & Wilson Chemicals Mk Road India Ltd.), Phoenix House, A Wing New Marine Lines 4Th Floor, 462 Senapati Bapat Marg Mumbai – 400 020 Lower Parel (West) Mumbai – 400 013 Pan : Aaaca3841L Ita No. 622/Mum/2014 : (A.Y : 2009-10) Dcit -7(2) Vs. M/S Rhodia Specialty Chemicals Room No.624, Mk Road India Ltd. (Formerly Known As Mumbai – 400 020 M/S Albright & Wilson Chemicals India Ltd.), Phoenix House, A Wing 4Th Floor, 462 Senapati Bapat Marg Lower Parel (West) Mumbai – 400 013 (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent)

For Appellant: Shri Manish V ShahFor Respondent: Shri Rajguru M
Section 143(3)

…ssessee also placed reliance on the decision in the case of CIT Vs. 33 ITA NO. 830/MUM/2014 and ITA NO. 622/MUM/2014 M/s Rhodia Specialty Chemicals India Ltd. (Formerly known as M/s Albright & Wilson Chemicals India Ltd.) , A.Y : 2009-10 Sadhu Forging Ltd. [336 ITR 444 (Delhi)] in support of his submissions that scrap sale and other miscellaneous receipts are income from business. As regards insurance claim, the Ld. Counsel for Assessee submits that because of theft of raw materials insurance claim was received by the Assessee. Counsel for Assessee submits that in the case of Mazda Colours Ltd. Vs. DCIT in ITA…

Sterlite Technologies Ltd, Pune vs. Asst CIT Ltu, Mumbai

The appeal of the assessee is partly allowed and disposed off in terms indicated hereinabove

ITA 4383/MUM/2014[2010-11]Status: DisposedITAT Mumbai16 Feb 2017AY 2010-11

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2010-11 Sterlite Technologies Acit,(L.T.U.), Limited, 29Th Centre No. 1, बनाम/ 4Th Floor, Godrej Millennium World Trade Centre, Vs. 9, Koregaon Road, Pune, Cuffe Parade, Maharashtra-411001, Mumba-400001 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaecs8719B "नधा"रती क" ओर से / Assessee By Shri B.V. Jhaveri Shri B.S. Bist-Dr राज"व क" ओर से / Revenue By सुनवाई क" तार"ख / Date Of Hearing : 13/02/2017 16/02/2017 आदेश क" तार"ख /Date Of Order:

Section 14ASection 80ASection 80I

…ssee for AY 2009-10. The first issue urged by the assessee relates to the claim for deduction u/s 80IC of the Act on the receipts from sale of scrap. This issue has been decided in favour of the assessee in the following cases:- (a) CIT Vs. Sadhu Forging Ltd (336 ITR 444)(Delhi) (b) CIT Vs. Harjivandas Juthabhai Zaveri (258 ITR 785)(Guj) Following the above said decision, we set aside the order passed by 8 Sterlite Technologies Limited Ld CIT(A) and direct the AO to allow deduction u/s 80IC of the Act on the receipts from sale of scrap. 20. The next issue urged by the assessee relates to the disallowance made u/s…

Asst CIT Ltu, Mumbai vs. Sterlite Technologies Ltd, Mumbai

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are treated as partly allowed

ITA 2139/MUM/2014[2008-09]Status: DisposedITAT Mumbai20 Jan 2017AY 2008-09

Bench: Shri B.R. Baskaran (Am)& Ramlal Negi (Jm)

Section 80ASection 80I

…see for AY 2009-10. The first issue urged by the assessee relates to the claim for deduction u/s 80IC of the Act on the receipts from sale of scrap. This issue has been decided in favour of the assessee in the following cases:- (a) CIT Vs. Sadhu Forging Ltd (336 ITR 444)(Delhi) 8 M/s. Sterlite Technologies Limited (b) CIT Vs. Harjivandas Juthabhai Zaveri (258 ITR 785)(Guj) Following the above said decision, we set aside the order passed by Ld CIT(A) and direct the AO to allow deduction u/s 80IC of the Act on the receipts from sale of scrap. 20. The next issue urged by the assessee relates to the disallowance…

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

…ITA No. 966/Del/2014 " Navisite India Pvt. Ltd. Vs ITO in ITA No. 5329/Del/2012 " Maral Overseas Ltd. Vs ACIT 136 ITD 177 " Riviera Home Furnishings Vs ACIT 237 Taxman 520 " CIT Vs Punjab Stainless Steel Industries 364 ITR 144 (SC) " CIT Vs Sadhu Forging Ltd. 336 ITR 444 (Del.) 11. In his rival submissions the ld. DR supported the orders of the authorities below and further submitted that if as a result of merger/demerger the resultant/remaining company becomes functionally different only then that company may be excluded as a comparable. The reliance was placed on the decision of the ITAT Mumbai Bench in the cas…

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

…ITA No. 966/Del/2014 " Navisite India Pvt. Ltd. Vs ITO in ITA No. 5329/Del/2012 " Maral Overseas Ltd. Vs ACIT 136 ITD 177 " Riviera Home Furnishings Vs ACIT 237 Taxman 520 " CIT Vs Punjab Stainless Steel Industries 364 ITR 144 (SC) " CIT Vs Sadhu Forging Ltd. 336 ITR 444 (Del.) 11. In his rival submissions the ld. DR supported the orders of the authorities below and further submitted that if as a result of merger/demerger the resultant/remaining company becomes functionally different only then that company may be excluded as a comparable. The reliance was placed on the decision of the ITAT Mumbai Bench in the cas…

Vesuvius India Limited, Kolkata vs. DCIT, Circle - 10, Kolkata

ITA 614/KOL/2011[2004-05]Status: DisposedITAT Kolkata28 Dec 2016AY 2004-05
For Appellant: Shri Soumen Adak, FCAFor Respondent: Shri Rajat Kumar Kureel, JCIT Sr. DR
Section 143(3)Section 80Section 80I

…ufacturing process and thus, it is very much a part of eligible profit of the industrial undertaking. Therefore, it should be allowed to compute the deduction u/s.80IB of the Act. The Ld. AR has relied on the judgment in the case of Sadhu Forgings Ltd. (2011) 336 ITR 444 (Del), wherein it has been held that receipts from sale of scrap being part and parcel of the manufacturing process and being proximate thereto will also be within the ambit of gains derived from industrial undertaking for the purpose of computing deduction u/s.80IB. The Ld. AR for the assessee has admitted that commission of Rs.5,09,000/- and i…

Vesuvius India Limited, Kolkata vs. DCIT, Circle - 10, Kolkata

ITA 613/KOL/2011[2003-04]Status: DisposedITAT Kolkata28 Dec 2016AY 2003-04
For Appellant: Shri Soumen Adak, FCAFor Respondent: Shri Rajat Kumar Kureel, JCIT Sr. DR
Section 143(3)Section 80Section 80I

…ufacturing process and thus, it is very much a part of eligible profit of the industrial undertaking. Therefore, it should be allowed to compute the deduction u/s.80IB of the Act. The Ld. AR has relied on the judgment in the case of Sadhu Forgings Ltd. (2011) 336 ITR 444 (Del), wherein it has been held that receipts from sale of scrap being part and parcel of the manufacturing process and being proximate thereto will also be within the ambit of gains derived from industrial undertaking for the purpose of computing deduction u/s.80IB. The Ld. AR for the assessee has admitted that commission of Rs.5,09,000/- and i…

The Supreme Industries Ltd, Mumbai vs. DCIT Ltu, Mumbai

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3140/MUM/2012[2008-09]Status: DisposedITAT Mumbai21 Dec 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2006-07

Section 1Section 11Section 115JSection 143(3)Section 14A

…dustrial undertaking since the said scrap has been generated from the manufacturing process itself and any income from sale of such scrap has to be included for purpose of benefit of section 80HH of the Act. 2. Commissioner of Income-tax v. Sadhu Forging Ltd. 336 ITR 444 (Delhi) 23 Supreme Industries Ltd. The Court while allowing deduction under section 80-lB of the Act held that manufacturing activity of the type of material being undertaken by the assessee would also generate scrap in the process of manufacturing. The receipts of sale of scrap being part and parcel of the activity and being proximate thereto w…

The Supreme Industries Ltd, Mumbai vs. Addl CIT Ltu, Mumbai

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3139/MUM/2012[2007-08]Status: DisposedITAT Mumbai21 Dec 2016AY 2007-08

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2006-07

Section 1Section 11Section 115JSection 143(3)Section 14A

…dustrial undertaking since the said scrap has been generated from the manufacturing process itself and any income from sale of such scrap has to be included for purpose of benefit of section 80HH of the Act. 2. Commissioner of Income-tax v. Sadhu Forging Ltd. 336 ITR 444 (Delhi) 23 Supreme Industries Ltd. The Court while allowing deduction under section 80-lB of the Act held that manufacturing activity of the type of material being undertaken by the assessee would also generate scrap in the process of manufacturing. The receipts of sale of scrap being part and parcel of the activity and being proximate thereto w…

The Supreme Industries Ltd, Mumbai vs. Asst CIT Cen Cir 29, Mumbai

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3138/MUM/2012[2006-07]Status: DisposedITAT Mumbai21 Dec 2016AY 2006-07

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2006-07

Section 1Section 11Section 115JSection 143(3)Section 14A

…dustrial undertaking since the said scrap has been generated from the manufacturing process itself and any income from sale of such scrap has to be included for purpose of benefit of section 80HH of the Act. 2. Commissioner of Income-tax v. Sadhu Forging Ltd. 336 ITR 444 (Delhi) 23 Supreme Industries Ltd. The Court while allowing deduction under section 80-lB of the Act held that manufacturing activity of the type of material being undertaken by the assessee would also generate scrap in the process of manufacturing. The receipts of sale of scrap being part and parcel of the activity and being proximate thereto w…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ―I-2‖: NEW DELHI BEFORE SH. I. C. SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Hero MotoCorp Limited, JCIT, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi PAN: AAACH0812J (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Page 2 of 484 New Delhi Vs. Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) M/s. Hero Moto Corp. D…

M/S A.P. Processors, Delhi vs. ITO, New Delhi

In the result, ITA No.4345/Del/2015 of the assessee is partly allowed for

ITA 4346/DEL/2015[2010-11]Status: DisposedITAT Delhi21 Oct 2016AY 2010-11

Bench: Smt Diva Singh

Section 32(1)(iia)

…een to be covered in favour of the assessee by the judgment of the jurisdictional Delhi High Court in the case of CIT vs. Northern Aeromatics Ltd. (2005) 196 CTR (Del) 479. The above decision has been followed in the case of CIT vs. Sadhu Forging Ltd . (2011) 336 ITR 444 (Del.). In this judgment the Court has framed the following questions of law and has held as under:- "i) Whether income received from job work/labour charges on work done based on material supplied by the customers qualifies for deduction under s. 80-IB of the IT Act, 1961? (ii) Whether income received from job work/labour charges on work done on…

M/S A.P. Processors, Delhi vs. ITO, New Delhi

In the result, ITA No.4345/Del/2015 of the assessee is partly allowed for

ITA 4345/DEL/2015[2009-10]Status: DisposedITAT Delhi21 Oct 2016AY 2009-10

Bench: Smt Diva Singh

Section 32(1)(iia)

…een to be covered in favour of the assessee by the judgment of the jurisdictional Delhi High Court in the case of CIT vs. Northern Aeromatics Ltd. (2005) 196 CTR (Del) 479. The above decision has been followed in the case of CIT vs. Sadhu Forging Ltd . (2011) 336 ITR 444 (Del.). In this judgment the Court has framed the following questions of law and has held as under:- "i) Whether income received from job work/labour charges on work done based on material supplied by the customers qualifies for deduction under s. 80-IB of the IT Act, 1961? (ii) Whether income received from job work/labour charges on work done on…

Anchor Electricals P.Ltd, Mumbai vs. Asst CIT Cen Cir 41, Mumbai

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

ITA 786/MUM/2014[2009-10]Status: DisposedITAT Mumbai23 Sept 2016AY 2009-10

Bench: Shri G.S.Pannu & Shri Ramlal Negim/S. Anchor Electricals Pvt. Ltd. Steel House, B-Wing, Plot No.24, Mahal Industrial Estate, Mahakali Caves Road, Near Paper Box, Andheri (E), Mumbai 400 093 Pan:Aaeca 2190C ...... Appellant Vs. The Acit, Cen. Circle -41, Room No.655, 6Th Floor, Aaykar Bhavan,M.K.Road, Mumbai 400020. .... Respondent Appellant By : Shri J.D.Mistry Respondent By : Shri R.P.Meena Date Of Hearing : 20/09/2016 Date Of Pronouncement : 23/09/2016

For Appellant: Shri J.D.MistryFor Respondent: Shri R.P.Meena
Section 143(3)Section 144C(13)Section 80ISection 80l

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI RAMLAL NEGI, JUDICIAL MEMBER M/s. Anchor Electricals Pvt. Ltd. Steel House, B-Wing, Plot No.24, Mahal Industrial Estate, Mahakali Caves Road, Near Paper Box, Andheri (E), Mumbai 400 093 PAN:AAECA 2190C ...... Appellant Vs. The ACIT, Cen. Circle -41, Room No.655, 6th Floor, Aaykar Bhavan,M.K.Road, Mumbai 400020. .... Respondent Appellant by : Shri J.D.Mistry Respondent by : Shri R.P.Meena Date of hearing : 20/09/2016 Date of pronouncement : 23/09/2016 ORDER PER G.S.PANNU,A.M: The captioned appeal…

M/S. Jakson Enterprises, New Delhi vs. ACIT, New Delhi

In the result, all the three appeals of the assessee are

ITA 6791/DEL/2013[2008-09]Status: DisposedITAT Delhi29 Jul 2016AY 2008-09

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

For Appellant: - Shri Ved Jain, AdvFor Respondent: - Shri Sanjay Kumar, CIT- DR
Section 14ASection 153ASection 80

…for deduction under section 80-IB of the Act. 4. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law'in not following the judgment of the jurisdictional Delhi High Court in the case of Sadhu Forgings Ltd. (2011) 336 ITR 444 (Del) which is squarely applicable to the facts of this case. 2 5. On the facts and circumstances of the case! the learned CIT(A) has erred both on facts and in law in confirming the disallowance of Rs.1.25,000/- under Section 14A of the Act read with Rule 8D. 6. On the facts and circumstances of the case, the learned CIT(A) has erred both on f…

Marico Ltd., Mumbai vs. Addl.C.I.T. RG. 9(2), Mumbai

The appeal of the assessee is allowed

ITA 8858/MUM/2011[2007-08]Status: DisposedITAT Mumbai18 May 2016AY 2007-08
For Appellant: Shri P.J. Pardiwala and Shri Nitesh JoshiFor Respondent: Shri N.K. Chand-CIT
Section 254(1)

…t,the AR referred to the cases of Meghalaya Steel Ltd.(Civil Appeal No.762 of 2014 of Hon’ble Supreme Court)and Recon Oil Industries Ltd.(2 SOT 732).He relied upon the cases of Biotech Medicals P 23 8858/11 &8713/11-Marico Limited(119 ITD143),Sadhu Forging (336 ITR 444)Avanti Feeds Ltd.(35 SOT 50) with regard to the deductibility of scrap for the purpose of 80 IB deduction. About the rent and storage charges,the AR argued that identical issue was allowed in favour of the assessee by the FAA for the AY.s.1999 -00 to 2001-02, 2008-09 and 2009-10,that the AO had not challenged the relief before the Tribunal,that…