What is CIT v. Yokogawa India Ltd. authority for?

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

How many judgments cite CIT v. Yokogawa India Ltd.?

270 judgments on BharatTax cite CIT v. Yokogawa India Ltd. (341 ITR 385), spanning 2012 to 2026.

Which sections of the Income Tax Act does CIT v. Yokogawa India Ltd. come up under?

It is most often cited in judgments turning on Section 115JB, Section 36(1)(vii), Section 10(34), Section 10(35), Section 14A, Section 2(24).

CIT v. Yokogawa India Ltd. (341 ITR 385)

The Pr. Commissioner of Income Tax, CIT(A) vs. M/S Danish Steel Cluster Pvt Ltd

ITA/19/2017HC Karnataka03 Aug 2017

Bench: K.S.MUDAGAL,H.G.RAMESH

Section 260

…(Oral): Learned counsel appearing for the appellants fairly submits that the questions raised in this appeal are answered against the appellants by this Court in CIT v. Tata Elxsi Ltd. [(2012) 349 ITR 98 (Karn)] and CIT v. Yokogawa India Ltd. [(2012) 341 ITR 385 (Karn)]. The appeal is accordingly dismissed. Appeal dismissed. Sd/- JUDGE Sd/- JUDGE KSR…

DCIT, Chennai vs. Alagumalai Impex P. Ltd., Chennai

In the result, the appeal filed by the Revenue is dismissed and the appeals filed by the assessee for both the assessment years are allowed

ITA 721/CHNY/2014[2008-09]Status: DisposedITAT Chennai11 Jul 2017AY 2008-09

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri R. Kumar, AdvocateFor Respondent: Shri Supriyo Pal, JCIT

Section 10ASection 10BSection 143(3)Section 14A

…income after set off of brought forward business losses and unabsorbed depreciation. On appeal, by following the decision in the case of ACIT v. Charon Tech Pvt. Ltd. vide order dated 14.11.2012, wherein, the decision in the case of CIT v. Yokogawa India Ltd. 341 ITR 385 (Kar.) has been followed, in which it has been held that exemption under section 10B of the Act was to be allowed without setting off of brought forward unabsorbed loss and unabsorbed depreciation from the 4 I.T.A. Nos.214, 2911 & 721/M/14 earlier assessment year or the current assessment year, the ld. CIT(A) directed the Assessing Officer to al…

Alagumalai Impex Pvt Ltd., Chennai vs. DCIT, Chennai

In the result, the appeal filed by the Revenue is dismissed and the appeals filed by the assessee for both the assessment years are allowed

ITA 2911/CHNY/2014[2007-08]Status: DisposedITAT Chennai11 Jul 2017AY 2007-08

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri R. Kumar, AdvocateFor Respondent: Shri Supriyo Pal, JCIT

Section 10ASection 10BSection 143(3)Section 14A

…income after set off of brought forward business losses and unabsorbed depreciation. On appeal, by following the decision in the case of ACIT v. Charon Tech Pvt. Ltd. vide order dated 14.11.2012, wherein, the decision in the case of CIT v. Yokogawa India Ltd. 341 ITR 385 (Kar.) has been followed, in which it has been held that exemption under section 10B of the Act was to be allowed without setting off of brought forward unabsorbed loss and unabsorbed depreciation from the 4 I.T.A. Nos.214, 2911 & 721/M/14 earlier assessment year or the current assessment year, the ld. CIT(A) directed the Assessing Officer to al…

M/S. Alagumalai Impex Pvt. Ltd., Chennai vs. DCIT, Chennai

In the result, the appeal filed by the Revenue is dismissed and the appeals filed by the assessee for both the assessment years are allowed

ITA 214/CHNY/2014[2008-09]Status: DisposedITAT Chennai11 Jul 2017AY 2008-09

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri R. Kumar, AdvocateFor Respondent: Shri Supriyo Pal, JCIT

Section 10ASection 10BSection 143(3)Section 14A

…income after set off of brought forward business losses and unabsorbed depreciation. On appeal, by following the decision in the case of ACIT v. Charon Tech Pvt. Ltd. vide order dated 14.11.2012, wherein, the decision in the case of CIT v. Yokogawa India Ltd. 341 ITR 385 (Kar.) has been followed, in which it has been held that exemption under section 10B of the Act was to be allowed without setting off of brought forward unabsorbed loss and unabsorbed depreciation from the 4 I.T.A. Nos.214, 2911 & 721/M/14 earlier assessment year or the current assessment year, the ld. CIT(A) directed the Assessing Officer to al…

Siemens Technology and Services P.Ltd, Mumbai vs. CIT 7, Mumbai

In the result assessee’s appeals for the Assessment Years 2003-04 and 2005-06 are partly allowed for statistical purposes

ITA 4165/MUM/2013[2004-05]Status: DisposedITAT Mumbai30 Jun 2017AY 2004-05

Bench: Shri G.S. Pannu & Shri C.N. Prasadsiemens Information Systems V. Assistant Commissioner Of Income- Limited Tax, 130, Pandurang Budhkar Marg, 7(2), Aaykar Bhavan, M.K.Raod Worli, Mumbai 400 020 Mumbai 400 018 Pan : Aaacs 9788 E (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent)

For Appellant: Mrs. Vasanti PatelFor Respondent: Shri E.Sankaran

Section 10ASection 250

…duction would be while computing the gross total income of the eligible undertaking under Chapter IV of the Act and not at the stage of computation of the total income under Chapter VI. Decision of the Karnataka High Court in CIT v. YOKOGAWA India Ltd. [2012] 341 ITR 385 (Karn) affirmed on this point”. 11 ITA Nos.2563/Mum/2007 & ITA.No.2702/MUM/2007& ITA.No.6299/MUM/2011 & ITA.No.4165/Mum/2013 Siemens Technology and Services Pvt. Ltd. 19. In the light of the decision of the Hon’ble Supreme Court we direct the Assessing Officer to decide this issue following the apex court decision (supra). 20. The next issue is…

Siemens Information Systems Ltd, Mumbai vs. Addl CIT 7(2), Mumbai

In the result assessee’s appeals for the Assessment Years 2003-04 and 2005-06 are partly allowed for statistical purposes

ITA 6299/MUM/2011[2005-06]Status: DisposedITAT Mumbai30 Jun 2017AY 2005-06

Bench: Shri G.S. Pannu & Shri C.N. Prasadsiemens Information Systems V. Assistant Commissioner Of Income- Limited Tax, 130, Pandurang Budhkar Marg, 7(2), Aaykar Bhavan, M.K.Raod Worli, Mumbai 400 020 Mumbai 400 018 Pan : Aaacs 9788 E (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent)

For Appellant: Mrs. Vasanti PatelFor Respondent: Shri E.Sankaran

Section 10ASection 250

…duction would be while computing the gross total income of the eligible undertaking under Chapter IV of the Act and not at the stage of computation of the total income under Chapter VI. Decision of the Karnataka High Court in CIT v. YOKOGAWA India Ltd. [2012] 341 ITR 385 (Karn) affirmed on this point”. 11 ITA Nos.2563/Mum/2007 & ITA.No.2702/MUM/2007& ITA.No.6299/MUM/2011 & ITA.No.4165/Mum/2013 Siemens Technology and Services Pvt. Ltd. 19. In the light of the decision of the Hon’ble Supreme Court we direct the Assessing Officer to decide this issue following the apex court decision (supra). 20. The next issue is…

ACIT, Circle-5(1)(2), Bangalore vs. M/S. Personality Ltd., Bangalore

In the result, the Revenue’s appeal for the asst

ITA 1504/BANG/2016[2003-04]Status: DisposedITAT Bangalore01 Jun 2017AY 2003-04

Bench: Shri Vijaypal Rao & Shri Jason P Boazthe Asst. Commissioner Of Income-Tax, Circle – 5(1)(2), Bangalore. . Appellant Vs. M/S Personality Ltd., No.123, Chord Road, Rajajinagar, Bangalore-560 010. Appellant By : Smt. Swapna Das, Jcit Respondent By : None Date Of Hearing : 1-6-2017 Date Of Pronouncement : 2-6-2017 O R D E R

For Appellant: Smt. Swapna Das, JCITFor Respondent: None

Section 10ASection 10BSection 143(1)Section 143(3)Section 72

…nder Chapter III of the Act and not ITA No.1504/B/16 3 Chapter VIA of the Act. The ld CIT(A)-12, Bangalore vide the impugned order dated 16/6/2016 allowed the assessee’s claim for deduction u/s 10B of the Act by following the decision of the Hon’ble (2012) 341 ITR 385 (Kar). 3. Revenue, being aggrieved by the order of the CIT(A)-12, Bangalore dated 16/6/2016 for asst. year 2003-04 has preferred this appeal, raising the following grounds:- ITA No.1504/B/16 4 3.1 The ld DR for Revenue was heard in support of the grounds raised (Supra) and placed strong reliance on the finding in the order of the AO on this…

M/S.Accel Transmatic Ltd, Trivandrum vs. The ACIT, Trivandrum

In the result, appeal filed by the assessee are partly allowed

ITA 374/COCH/2016[2009-10]Status: DisposedITAT Cochin26 May 2017AY 2009-10

Bench: S/Shri Abraham P. George, Am & George George K., Jm

Section 10BSection 70Section 72

…f the total income under Chapter VI. All the appeals shall stand disposed of accordingly.” Through the above judgment of Hon’ble Apex Court has upheld the view taken by the judgment of Hon’ble Karnataka High Court in the case of CIT vs. Yokogama India Ltd. 341 ITR 385 wherein it was held that profits of the eligible unit was to be calculated on a stand alone basis. We therefore, set aside the orders of the lower authorities on this issue and direct the Assessing Officer to give the assessee the benefit of deduction u/s. 10B of the Act for both the years. 5. As for the other issue, which is regarding set off…

M/S. Accel Transmatic Ltd, Trivandrum vs. The ACIT, Trivandrum

In the result, appeal filed by the assessee are partly allowed

ITA 373/COCH/2016[2008-09]Status: DisposedITAT Cochin26 May 2017AY 2008-09

Bench: S/Shri Abraham P. George, Am & George George K., Jm

Section 10BSection 70Section 72

…f the total income under Chapter VI. All the appeals shall stand disposed of accordingly.” Through the above judgment of Hon’ble Apex Court has upheld the view taken by the judgment of Hon’ble Karnataka High Court in the case of CIT vs. Yokogama India Ltd. 341 ITR 385 wherein it was held that profits of the eligible unit was to be calculated on a stand alone basis. We therefore, set aside the orders of the lower authorities on this issue and direct the Assessing Officer to give the assessee the benefit of deduction u/s. 10B of the Act for both the years. 5. As for the other issue, which is regarding set off…

ACIT, CIT-2(1), Kolkata vs. M/S Bnk E Solution Pvt. Ltd., Kolkata

In the result, the appeal by the Revenue is dismissed and the C

ITA 1613/KOL/2016[2006-07]Status: DisposedITAT Kolkata19 May 2017AY 2006-07

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

For Appellant: Shri D.S.Damle, FCAFor Respondent: Shri Banibrata Dutta, Addl. CIT(DR)

Section 10ASection 143(3)Section 147Section 148Section 70(1)Section 72

…point under consideration has been squarely covered by the judgments of the Hon'ble Mumbai High Court in CIT Vs Black & Veatch Consulting (Pvt Ltd) 348 ITR 72 as well as the Hon'ble Karnataka High Court in CIT Vs Yokogawa India Ltd [2112] 204 Taxman 305, alo 341 ITR 385 ( 2012) . It is quite well laid down that the various High Courts and Hon'ble Tribunals have held that deduction under Sec 10A has to be given effect at the stage of computing the profits and gains of business before applying the provisions of Sec 72. In the case of CIT Vs Yokogawa India Ltd (Karnataka High Court) rules as follows: “S. 10A/B con…

M/S Ernst & Young LLP, Kolkata vs. CIT-3, Kolkata

In the result the appeal of the assessee is allowed

ITA 499/KOL/2015[2010-2011]Status: DisposedITAT Kolkata19 May 2017AY 2010-2011

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 499/Kol/2015 Assessment Year : 2010-11 M/S. Ernst & Young Pvt. Ltd. -Vs.- C.I.T., Kol-3, Kolkata Kolkata. [Pan : Aabce 9188 P] (Respondent) (Appellant) For The Appellant : Shri B.N.Bajoria, Sr.Advocate Shri D.Ghosh, Fca For The Respondent : Shri Niraj Kumar, Cit(Dr) Date Of Hearing : 15.05.2017. Date Of Pronouncement : 19.05.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 18.03.2015 Of Cit- Kol-3, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Act.).

For Appellant: Shri B.N.Bajoria, Sr.AdvocateFor Respondent: Shri Niraj Kumar, CIT(DR)

Section 10Section 10ASection 11Section 14Section 143(3)Section 2Section 263Section 4Section 5Section 60

…section 10A is in the nature of exemption with reference to the commercial profits. The Assessee placed reliance on the decision of the Hon’ble Supreme Court in Canara Work Shop Ltd. [161 ITR 120] and decision in the case of CIT v Yokogawa India Ltd. [(2012) 341 ITR 385(karn) in this regard. The Assessee thus submitted that a taxpayer should be allowed deduction under s. 10A/10B/10AA with respect to profits of a specific eligible unit without adjustment there against of current or unabsorbed losses and depreciation of any activity or any unit regardless of whether the other unit is or is not an eligible unit in…

The ACIT, Alappuzha vs. M/S. the Alleppey Co. Ltd, Alappuzha

In the result, the appeal filed by the revenue as well as the cross objection by

ITA 138/COCH/2016[2009-10]Status: DisposedITAT Cochin16 May 2017AY 2009-10

Bench: S/Shri Abraham P George, Am & George George K, Jm & Cross Objection No.19/Coch/2016

Section 10BSection 10bSection 14Section 143Section 143(3)Section 148Section 1OSection 2(45)Section 5

…ction u/s 10B resulted in excess business loss to be carried forward to subsequent years. Accordingly, deduction u/s 10B was withdrawn by the Assessing Officer. 6. The Ld. CIT (A) placed reliance on the decision of the Karnataka High Court reported in (2012) 341 ITR 385 which is on a different issue and not applicable to the facts of the present case. 7. The Ld. CIT (A) also did not consider the decision of the jurisdictional High Court in the case of CIT Vs. Patspin India Ltd relied upon by the Assessing Officer. 8. The issue arises out of Revenue Audit Objection and even though the adverse tax effect is belo…

Asst.C.I.T., Bangalore vs. M/S Ingersoll Rand (India) Ltd., Bangalore

In the result, the appeal of the revenue is dismissed

ITA 408/BANG/2016[2007-08]Status: DisposedITAT Bangalore12 May 2017AY 2007-08

Bench: Shri Arun Kumar Garodia & Shri Vijay Pal Rao

For Appellant: Smt. Swapna Das, JCIT (DR) (ITAT)-2, BengaluruFor Respondent: Shri Ujjwal Tiwari, Advocate

Section 10ASection 4Section 6Section 80H

…arned A.R. and considered the relevant material on record. At the outset, we note that this issue is covered in favour of the assessee and against the revenue by the decision of the Hon'ble jurisdictional High Court in the case of CIT Vs. Yokogawa India Ltd. 341 ITR 385 3 IT(TP)A No.408/Bang/2016 which has been upheld by the Hon'ble Supreme Court vide decision reported in 391 ITR 274 wherein the Hon'ble Supreme Court has held in paras 15 to 17 as under : “ 15. Sub-section 4 of Section 10A which provides for pro rata exemption, necessarily involving deduction of the profits arising out of domestic sales, is one…

JCIT, Bangalore vs. M/S Cibersites India Pvt. Ltd., Bangalore

In the result, all three the appeals of the revenue are dismissed

ITA 1241/BANG/2016[2006-07]Status: DisposedITAT Bangalore05 May 2017AY 2006-07

Bench: Shri A. K. Garodia & Shri Vijay Pal Rao

For Appellant: NoneFor Respondent: Shri Jeevan J. Neetalgi, Standing Counsel

Section 10A

…ut the direction of CIT (A) to the AO to compute and allow the deduction allowable u/s 10A before set off of B/F losses/depreciation by following the judgment of Hon’ble Karnataka High Court rendered in the case of CIT vs. Yokogawa India Ltd. as reported in 341 ITR 385. 4. None appeared on behalf of the assessee but since it was seen that both issues are covered by two judgments of Hon’ble Karnataka High Court as noted above, these appeals were heard ex parte qua the assessee. The ld. DR of the revenue supported the assessment orders. 5. We have considered the rival submissions. We find that it was held by…