CIT v. Yogokawa India Ltd. (supra) and CIT v. JP Morgan Service India Pvt. Ltd.

393 ITR 24Supreme Court of India2017#20837 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2019.

Judgments citing CIT v. Yogokawa India Ltd. (supra) and CIT v. JP Morgan Service India Pvt. Ltd.

DEPUTY COMMISSIONER OF INCOME TAX,, BANGALORE vs. M/S INFOSYS BPO LTD, BANGALORE

In the result appeal filed by assessee stands partly allowed

ITA 1333/BANG/2014[2007-08]Status: DisposedITAT Bangalore27 Sept 2019AY 2007-08

Bench: Shri J. Sudhakar Reddy & Smt.Beena Pillai

For Appellant: Shri P.C. Khincha, CAFor Respondent: Miss. Neera Malhotra, CIT, DR

Section 10ASection 14ASection 40

…. Admittedly, it has been submitted that this issue stands settled in favour of assessee by decision of Hon’able Supreme Court in case of CIT vs Yokogawa India Ltd reported in (2017) 391 ITR 274 and CIT vs JP Morgan services India Pvt.Ltd., reported in (2017) 393 ITR 24 wherein it has been held that deductions under section 10 A, 10 B should be allowed in respect of current year profits of the undertaking before setting off brought forward losses and unabsorbed depreciation. In the light of aforestated submissions we dismiss these grounds raised by revenue. In the result appeal filed by revenue stands partly allo…

ITO, NEW DELHI vs. M/S. MAGIC SOFTWARE PVT. LTD., NOIDA

In the result, the appeal is dismissed

ITA 5861/DEL/2014[2011-12]Status: DisposedITAT Delhi15 Jan 2019AY 2011-12

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2011-12

Section 10ASection 14A

…622/Del/2010 for the assessment year 2005-06 wherein similar issue has been decided in favour of the assessee after following the decision of Hon’ble Supreme Court in the case of CIT vs. Yogokawa India Ltd. (supra) and CIT v. JP Morgan Service India Pvt. Ltd. 393 ITR 24 (SC). The relevant findings of the Tribunal read as under : 15. AO while computing the deduction u/s 10A of the Act concluded that the same is required to be computed after setting off brought forward losses of Rs.34,99,523/- and unabsorbed depreciation of Rs.2,05,013/-. However, this controversy has already been set at rest by Hon’ble Supreme Co…

SH. GAUTAM R CHADHA,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is allowed

ITA 5450/DEL/2014[2005-06]Status: DisposedITAT Delhi18 Sept 2017AY 2005-06

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

For Appellant: Shri Ajay Vohra, Senior Advocate &For Respondent: Shri Navin Chandra, CIT DR

Section 10ASection 143Section 143(3)Section 144CSection 234B

…absorbed depreciation of Rs.2,05,013/-. However, this controversy has already been set at rest by Hon’ble Supreme Court in case cited as CIT vs. Yogokawa India Ltd. – 391 ITR 274 (SC) and CIT vs. JP 10 ITA No.5622/Del./2010 Morgan Services India Pvt. Ltd. – 393 ITR 24 (SC). Hon’ble Supreme Court in CIT vs. Yogokawa India Ltd. (supra) decided the issue in favour of the assessee by observing that in case of 100% export oriented undertaking, deduction is to be granted by computing gross total income of eligible undertaking under Chapter IV and not at stage of computation of total income under Chapter VI of the A…

HCL TECHNOLOGIES BPO SERVICES LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is allowed

ITA 5622/DEL/2010[2005-06]Status: DisposedITAT Delhi16 Aug 2017AY 2005-06

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

For Appellant: Shri Ajay Vohra, Senior Advocate &For Respondent: Shri Navin Chandra, CIT DR

Section 10ASection 143Section 143(3)Section 144CSection 234B