CIT v. Yokogawa India Ltd.

391 ITR 274Supreme Court of India2017#271 most cited

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

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

290

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Yokogawa India Ltd. · Section 10A · Section 10AA · Section 70 · set off of losses · eligible unit deduction · profits of SEZ unit · losses of other units · computation of 10A deduction · set off losses of 10AA units · gross total income

Also reported as

77 Taxmann.com 41291 CTR 1244 Taxmann 273

Sections most often in play

Section 10ASection 10AASection 139(1)Section 143(3)Section 10BSection 143(1)Section 115JBSection 139(5)
Read the full judgment

Issues it is cited on

section 70section 10aset off of lossessection 10bsection 10aasection 80hhunabsorbed depreciationsection 80hhccomputer softwaretested partyeligible businessgross total income

Judgments citing CIT v. Yokogawa India Ltd.

M/S. Zensar Technologies Ltd ( Formerly International Computers (India) Ltd ), Mumbai vs. The CIT -2

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

ITA 4137/MUM/2007[2002-2003]Status: HeardITAT Mumbai17 May 2022AY 2002-2003
Section 10ASection 115JSection 14ASection 263Section 28Section 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘G‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI KULDIP SINGH, JUDICIAL MEMBER M/s. Zensar Technologies Vs. The Deputy Commissioner Ltd., (Formerly International of Income Tax Computers (India) Ltd.,) Circle-2(3) Magnet House, 2nd Floor Mumbai Narottam Morarjee Marg Ballard Estate Mumbai – 400 038 PAN/GIR No.AAACF0742K (Appellant) .. (Respondent) Assessee by Shri Nitesh Joshi Revenue by Shri Sunil K. Jha Date of Hearing 17/02/2022 Date of Pronouncement 17/05/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.4137/Mum/2007 for A.Y.2…

Capgemini India P.Ltd, Bhiwandi vs. DCIT Cir 10(2), Mumbai

In the result ground number 12 of the appeal of the assessee is allowed with above directions

ITA 4727/MUM/2016[2010-11]Status: DisposedITAT Mumbai12 May 2022AY 2010-11

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am Capgemini India Pvt. Ltd. The Dy. Commissioner Of C/O Kalyaniwalla & Mistry, Income Tax, Army & Navy Bldg, Circle 10(2), 3Rd Floor, R. No. 475, Vs. 148, M.G. Road, Ayakar Bhavan, Fort, M.K. Road, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaack2632B Appellant By : Shri M M Golvala, Ar Respondent By : Ms. Vatsalaa Jha, Cit Dr Date Of Hearing: 15.02.2022 Date Of Pronouncement : 12.05.2022

For Appellant: Shri M M Golvala, ARFor Respondent: Ms. Vatsalaa Jha, CIT DR
Section 10ASection 1O

…IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JM AND SHRI PRASHANT MAHARISHI, AM Capgemini India Pvt. Ltd. The Dy. Commissioner of C/o Kalyaniwalla & Mistry, Income Tax, Army & Navy Bldg, Circle 10(2), 3rd Floor, R. No. 475, Vs. 148, M.G. Road, Ayakar Bhavan, Fort, M.K. Road, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) PAN No. AAACK2632B Appellant by : Shri M M Golvala, AR Respondent by : Ms. Vatsalaa Jha, CIT DR Date of hearing: 15.02.2022 Date of pronouncement : 12.05.2022 O R D E R PER PRASHANT MAHARISHI, AM: 01. This appeal is filed by Capgemini Technology…

Ansr Global Corporation Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-1(1)(1), Bangalore

In the result, the appeal is partly allowed

ITA 225/BANG/2021[2016-17]Status: DisposedITAT Bangalore19 Apr 2022AY 2016-17

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathyit(Tp)A No.225/Bang/2021 Assessment Year : 2016-17 M/S. Ansr Global Corporation Pvt. Ltd., Acit, Vs. Ground Floor, Block L1, Circle – 1(1)(1), Manyata Embassy Business Park, Bengaluru. Sez, Outer Ring Road, Nagwara, Bengaluru-560 045. Pan : Aaecn 7296 E Appellant Respondent

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92(1)Section 92B(1)

…apter VI of the Act as against the stage of computation of gross total income of the undertaking under chapter IV of the Act.  The Learned AO failed to appreciate that the ruling of Hon' ble Supreme Court in the case of CIT vs. Yokogawa India Limited [(2017) 391 ITR 274 (SC) would apply to section 10AA of the Act.  Based on the facts and circumstances of the case and in law, the Learned AO ought to have allowed deduction under section 10AA of the Act before the aggregation of income and set-off of brought forward losses, though not followed by the Appellant while filing its return of income. 24. As far as the a…

ACIT, Chennai vs. M/S. Tvs Motor Company Limited, Chennai

In the result, appeal of the revenue is dismissed

ITA 1782/CHNY/2012[2008-09]Status: DisposedITAT Chennai13 Apr 2022AY 2008-09

Bench: S/Shri Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2008-09 The The Asst. Asst. Commissioner Commissioner Of Of Vs. M/S. Tvs Motor Company Ltd., M/S. Tvs Motor Company Ltd., Income Tax, Company Circle Income Tax, Company Circle- Jayalakshmi Estates, 29 (Old Jayalakshmi Estates, 29 (Old Iii(2), New Block, 4Th Floor, 121, Iii(2), New Block, 4 No.8), Haddows Road, Chennai No.8), Haddows Road, Chennai Mahatma Mahatma Gandhi Gandhi Road, Road, Nungambakkam, Chennai Nungambakkam, Chennai Pan/Gir No.Aaacs 7032 B Aaacs 7032 B (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri Vikram Vijayaraghavan, Vikram Vijayaraghavan, Ar Revenue By : Dr. S.Palanikumar, Cit ( Cit (Dr) Date Of Hearing : 24 /2/ 2022 2 Date Of Pronouncement : 13/4/20 /2022 O R D E R Per C.M.Garg, Jm , Jm

For Appellant: Shri Vikram VijayaraghavanFor Respondent: Dr. S.Palanikumar, CIT (
Section 80Section 80HSection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, ‘ D ‘ CHENNAI BENCH, CHENNAI BEFORE S/SHRI SHRI CHANDRA MOHAN GARG, JUDICIAL JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER Assessment Year : 2008-09 The The Asst. Asst. Commissioner Commissioner of of Vs. M/s. TVS Motor Company Ltd., M/s. TVS Motor Company Ltd., Income Tax, Company Circle Income Tax, Company Circle- Jayalakshmi Estates, 29 (old Jayalakshmi Estates, 29 (old III(2), New Block, 4th floor, 121, III(2), New Bloc…

Merck Performance Materials Pvt Ltd., Mumbai vs. Asst CIT 15(2)(2), Mumbai

ITA 1210/MUM/2020[2011-12]Status: DisposedITAT Mumbai13 Apr 2022AY 2011-12

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 1210/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Merck Performance Materials बिधम/ The Assistant Pvt. Ltd., (Formerly Known As Commissioner Of Income Vs. Chemtreat Composites India Tax – 15(2)(2), Mumbai, Pvt. Ltd.) Aayakar Bhavan, Godrej One, Pirojsha Nagar, M.K. Road, Eastern Express Highway, Mumbai - 400020 Vikhroli (East), Mumbai- 400079 Pan : Aabcc5609B (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) For The Appellant/Assessee: Arati Vissanji For The Respondent/Revenue: C.T. Mathews सुनवाई की तारीख / Date Of Hearing : 03.02.2022 घोषणा की तारीख /Date Of Pronouncement : 13.04.2022 आदेश / O R D E R Per Rahul Chaudhary: 1. By Way Of The Present Appeal The Appellant/Assessee Has Challenged The Order Dated, 02.12.2019 Passed By The Ld. Commissioner Of Income Tax (Appeals)- 24, Mumbai (Hereafter Referred To As „The Cit(A)‟] Under Section 250 Of The Income Tax Act, 1961 (Hereafter Referred To As „The Act‟), Whereby The Ld. Cit(A) Had Dismissed The Appeal Against The Assessment Order, Dated 29.12.2017, Passed Under Section 143(3) Read With Section 147 Of The Act.

For Appellant: Arati VissanjiFor Respondent: C.T. Mathews
Section 10ASection 10BSection 115JSection 143(1)Section 143(3)Section 147Section 148Section 250

…Income Tax Act, 1961 was not required to be granted without setting off the carried forward losses and depreciation of the earlier year of the units / business. 1.4 Not following the judgment of the Hon. Supreme Court in case CIT vs. Yokogawa India Limited (391 ITR 274) wherein it has been held that the business losses of non-eligible units cannot be set-off against the profits of the units eligible for deduction u/s. 10A / 10B of the Act. 1.5 Holding that the Ld. AO was right in placing reliance on the CBDT Circular No. 7/DV/2013 dated 16 July, 2013 and that despite the judgment of the Hon. Supreme Court (sup…

Tata Consultancy Services Ltd, Mumbai vs. Asst CIT Ltu-1, Mumbai

In the result, appeal by the assessee is partly allowed for statistical purpose

ITA 1650/MUM/2016[2011-12]Status: DisposedITAT Mumbai06 Apr 2022AY 2011-12

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Porus Kaka, Sr. AdvocateFor Respondent: Ms. Vatsalaa Jha, CIT–DR
Section 115JSection 143(3)Section 144C(1)Section 144C(13)Section 144C(5)Section 2(43)Section 37Section 40Section 90Section 91

…issue. Being aggrieved, the assessee is in appeal before us. 125. During the course of hearing, learned Sr. Counsel submitted that the section 10A is now been held to be a deduction provision by the Hon‟ble Supreme Court in Yokogawa India Ltd. v. CIT: [2017] 391 ITR 274 and thus loss of STP unit should be allowed to be set off against the taxable business income of the assessee under section 70 of the Act. On the other hand, the learned D.R. vehemently relied upon the orders passed by the lower authorities. 126. We have considered the rival submissions and perused the material available on record. We find that…

M/S Ifgl Refractories Ltd, Kolkata vs. DCIT, CPC, Bangalore

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 484/KOL/2021[2016-17]Status: DisposedITAT Kolkata11 Mar 2022AY 2016-17

Bench: Shri Aby. T. Varkey&Shri Rajesh Kumar]

Section 10ASection 143(1)Section 154oSection 2

…meaning thereby that exemption u/s 10AA of the Act must precede any other adjustment of brought forward losses. The case of the assessee is squarely covered by the decisions as discussed hereinafter. In the case of CIT & Another vs. Yokogawa India Ltd. [2017] 391 ITR 274 (SC) wherein the Hon’ble Apex Court has held that in case of undertaking in free trade zone which is the export oriented undertaking, the deduction u/s 10A of the Act in respect of profits from the unit in the said zone has to be allowed while computing the income of the eligible undertaking under Chapter IV of the Act and not at the stage of com…

Reliance Industries Ltd, Mumbai vs. Deputy Commissioner of Income Tax Large Taxpayer Unit-2, Mumbai

In the result, the ITA No

ITA 2876/MUM/2019[2015-16]Status: DisposedITAT Mumbai08 Mar 2022AY 2015-16
Section 143(3)Section 28

…the Act i.e. prior to the commencement of the exercise to be undertaken under Chapter VI of the Act for arriving at the total income of the assessee from the gross total income. This has been held by the Supreme Court in the case of CTT v. Yokogawa India Ltd 391 ITR 274 (SC) in the context of section 10A of the Act. Plastiblends India deals with a situation of computation of deduction under Chapter VIA of the Act i.e. after computing the gross total income of the eligible undertaking under Chapter IV of the Act. 135. The other submission of the learned departmental representative is that section 10 AA is a part…

DCIT (Ltu)-2, Mumbai vs. M/S Reliance Industries Ltd., Mumbai

In the result, the ITA No

ITA 2344/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Mar 2022AY 2014-15
Section 143(3)Section 28

…the Act i.e. prior to the commencement of the exercise to be undertaken under Chapter VI of the Act for arriving at the total income of the assessee from the gross total income. This has been held by the Supreme Court in the case of CTT v. Yokogawa India Ltd 391 ITR 274 (SC) in the context of section 10A of the Act. Plastiblends India deals with a situation of computation of deduction under Chapter VIA of the Act i.e. after computing the gross total income of the eligible undertaking under Chapter IV of the Act. 135. The other submission of the learned departmental representative is that section 10 AA is a part…

Reliance Industries Limited, Mumbai vs. ACIT, Mumbai

In the result, the ITA No

ITA 1645/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Mar 2022AY 2014-15
Section 143(3)Section 28

…the Act i.e. prior to the commencement of the exercise to be undertaken under Chapter VI of the Act for arriving at the total income of the assessee from the gross total income. This has been held by the Supreme Court in the case of CTT v. Yokogawa India Ltd 391 ITR 274 (SC) in the context of section 10A of the Act. Plastiblends India deals with a situation of computation of deduction under Chapter VIA of the Act i.e. after computing the gross total income of the eligible undertaking under Chapter IV of the Act. 135. The other submission of the learned departmental representative is that section 10 AA is a part…

M/S. Cenosphere India Pvt. Ltd., Chennai vs. ACIT, Chennai

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

ITA 2861/CHNY/2019[2006-07]Status: DisposedITAT Chennai23 Feb 2022AY 2006-07

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकरअपीलसं./I.T.A.No.2861/Chny/2019 ("नधा"रणवष" / Assessment Year: 2006-07) M/S. Cenosphere India Pvt.Ltd. Vs Assistant Commissioner Of 181, 2Nd Floor, Gimpex House, Income Tax, Lingu Chetty Street, Corporate Circle-2 Chennai-600 001. Chennai-34. Pan: Aaccs 2764E (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. G.Johnson, Addl.CITFor Respondent: 09.02.2022
Section 10BSection 14Section 143(3)

…आयकर अपील"य अ"धकरण, ‘सी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘C’ BENCH, CHENNAI "ी वी. दुगा" राव, "या"यक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम$ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A.No.2861/Chny/2019 ("नधा"रणवष" / Assessment Year: 2006-07) M/s. Cenosphere India Pvt.Ltd. Vs Assistant Commissioner of 181, 2nd floor, Gimpex House, Income Tax, Lingu Chetty Street, Corporate Circle-2 Chennai-600 001. Chennai-34. PAN: AACCS 2764E (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr. D.Anand, Advocate अपीलाथ"क"ओरसे/ Appellant by : Mr. G.Johnso…

ACIT, Chennai vs. California Software Company Ltd., Chennai

In the result, the appeal filed by the Revenue in ITA

ITA 3205/CHNY/2019[2012-13]Status: DisposedITAT Chennai15 Feb 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 3204 & 3205/Chny/2019 िनधा"रण वष" /Assessment Years: 2009-10 & 2012-13 The Acit, M/S. California Software Corporate Circle 1(2), V. Company Ltd., Robert V Chandran Tower, 7Th Chennai – 600 034. Tower, 149, Velacherry, Tambaram Main Road, Pallikaranai, Chennai – 600 100. Pan: Aabcc 8506B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri R. Bhoopathy, Addl. Cit ""यथ" क" ओर से/Respondent By : Shri R. Kumar, Advocate सुनवाई क" तार"ख/Date Of Hearing : 03.02.2022 घोषणा क" तार"ख/Date Of Pronouncement : 15.02.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Appeals By The Revenue Are Arising Out Of The Common Order Of Commissioner Of Income Tax (Appeals)-4 (I/C) In Ita Nos.36/2013-14 & 176/2015-16/Cit(A)-4/Ays 2009-10 & 2012-13 Dated 13.09.2019. The Assessments Were Framed By The Acit, Company Circle 1(3), Chennai For The Assessment Year 2009-10 U/S.143(3) R.W.S. 92Ca Of The Income Tax Act, 1961 (Hereinafter The

For Appellant: Shri R. Bhoopathy, Addl. CITFor Respondent: Shri R. Kumar, Advocate
Section 10ASection 143(3)

…heard rival contentions and gone through facts and circumstances of the case. Before us, the ld.counsel for the assessee only stated that the issue is squarely covered by the decision of Hon’ble Supreme Court in the case of CIT vs. Yokogawa India Ltd., [2017] 391 ITR 274, wherein the Hon’ble Supreme Court finally held as under:- 18. For the aforesaid reasons we answer the appeals and the questions arising therein, as formulated at the outset of this order, by holding that though section 10A, as amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eli…

ACIT, Chennai vs. California Software Company Ltd., Chennai

In the result, the appeal filed by the Revenue in ITA

ITA 3204/CHNY/2019[2009-10]Status: DisposedITAT Chennai15 Feb 2022AY 2009-10

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 3204 & 3205/Chny/2019 िनधा"रण वष" /Assessment Years: 2009-10 & 2012-13 The Acit, M/S. California Software Corporate Circle 1(2), V. Company Ltd., Robert V Chandran Tower, 7Th Chennai – 600 034. Tower, 149, Velacherry, Tambaram Main Road, Pallikaranai, Chennai – 600 100. Pan: Aabcc 8506B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri R. Bhoopathy, Addl. Cit ""यथ" क" ओर से/Respondent By : Shri R. Kumar, Advocate सुनवाई क" तार"ख/Date Of Hearing : 03.02.2022 घोषणा क" तार"ख/Date Of Pronouncement : 15.02.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Appeals By The Revenue Are Arising Out Of The Common Order Of Commissioner Of Income Tax (Appeals)-4 (I/C) In Ita Nos.36/2013-14 & 176/2015-16/Cit(A)-4/Ays 2009-10 & 2012-13 Dated 13.09.2019. The Assessments Were Framed By The Acit, Company Circle 1(3), Chennai For The Assessment Year 2009-10 U/S.143(3) R.W.S. 92Ca Of The Income Tax Act, 1961 (Hereinafter The

For Appellant: Shri R. Bhoopathy, Addl. CITFor Respondent: Shri R. Kumar, Advocate
Section 10ASection 143(3)

…heard rival contentions and gone through facts and circumstances of the case. Before us, the ld.counsel for the assessee only stated that the issue is squarely covered by the decision of Hon’ble Supreme Court in the case of CIT vs. Yokogawa India Ltd., [2017] 391 ITR 274, wherein the Hon’ble Supreme Court finally held as under:- 18. For the aforesaid reasons we answer the appeals and the questions arising therein, as formulated at the outset of this order, by holding that though section 10A, as amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eli…

M/S. Venkateswara Hospitals, Chennai vs. ACIT, Ncc - 2 (1), Chennai

The appeal stands partly allowed in terms of our above order

ITA 2376/CHNY/2019[2017-18]Status: DisposedITAT Chennai15 Feb 2022AY 2017-18

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Arjunraj (CA) – Ld. ARFor Respondent: Shri G. Johnson (Addl.CIT) – Ld. DR
Section 143(1)Section 80Section 80I

…total income was made in the intimation issued u/s 143(1) of the Act without assigning proper reasons and justification. 3. The CIT (Appeals) failed to appreciate that the decision rendered defying the law declared by the Supreme Court in the case reported in 391 ITR 274 in the impugned order would demonstrate the gross violation of the principles of judicial discipline and ought to have appreciated that the standalone quantification of the deduction u/s 80IA of the Act would get fortified by the said law declared by the Apex Court. 4. The CIT (Appeals) failed to appreciate that the decision of the Jurisdictional…

M/S. Gangagen Biotechnologies Pvt. Ltd., Bengaluru vs. Assistant Commissioner of Income Tax, Circle-3(1)(2), Bengaluru

In the result, both the appeals filed by the assessee are allowed

ITA 362/BANG/2018[2011-12]Status: DisposedITAT Bangalore10 Feb 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessmentyear: 2011-12

For Appellant: Shri S. Parthasarathi, A.RFor Respondent: Dr. Manjunath Karkihalli, D.R
Section 10BSection 143(3)Section 263

…ITA Nos.941/Bang/2016 & ITA No.362/Bang/2018 M/s. Gangagen Biotechnologies Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “B’’BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AssessmentYear: 2011-12 M/s. Gangagen Biotechnologies Pvt. Ltd. No.12, 5th Cross, Raghavendra Layout Principal Opp. MEI Ltd., Commissioner of Yeshwanthpur Vs. Income Tax Bangalore 560 022. Bangalore-3 Bangalore PAN NO :AABCG6628E APPELLANT RESPONDENT Assessment Year: 2011-12 M/s. Gangagen Biotechnologies Pvt. Ltd. ACIT Bangalore 560 022. Vs. Circle-3(1)(2) Bangalore APPELL…

M/S Gangagen Biotechnologies Pvt. Ltd., Bangalore vs. Pr. CIT, Bangalore

In the result, both the appeals filed by the assessee are allowed

ITA 941/BANG/2016[2011-12]Status: DisposedITAT Bangalore10 Feb 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessmentyear: 2011-12

For Appellant: Shri S. Parthasarathi, A.RFor Respondent: Dr. Manjunath Karkihalli, D.R
Section 10BSection 143(3)Section 263

…ITA Nos.941/Bang/2016 & ITA No.362/Bang/2018 M/s. Gangagen Biotechnologies Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “B’’BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AssessmentYear: 2011-12 M/s. Gangagen Biotechnologies Pvt. Ltd. No.12, 5th Cross, Raghavendra Layout Principal Opp. MEI Ltd., Commissioner of Yeshwanthpur Vs. Income Tax Bangalore 560 022. Bangalore-3 Bangalore PAN NO :AABCG6628E APPELLANT RESPONDENT Assessment Year: 2011-12 M/s. Gangagen Biotechnologies Pvt. Ltd. ACIT Bangalore 560 022. Vs. Circle-3(1)(2) Bangalore APPELL…

Xchanging Solutions Limited, Bangalore vs. ITO, Bangalore

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

ITA 556/BANG/2016[2011-12]Status: DisposedITAT Bangalore19 Jan 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

…f provisions similar to section 80A(2), the entire deduction to be restricted to total income in all the loss/profit of 10A units to be excluded at source level. For this purpose, he relied on the order of the Supreme Court in the case of Yokogawa India Ltd., 391 ITR 274 (SC) wherein it was held that though section 10A, as IT(TP)A No.492 & 451/B/2015 & 402 & 556/B/2016 Page 10 of 37 amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter IV and not at the stage of computation of the total income under Chapter VI. Being…

ITO, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

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

ITA 402/BANG/2016[2011-12]Status: DisposedITAT Bangalore19 Jan 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

…f provisions similar to section 80A(2), the entire deduction to be restricted to total income in all the loss/profit of 10A units to be excluded at source level. For this purpose, he relied on the order of the Supreme Court in the case of Yokogawa India Ltd., 391 ITR 274 (SC) wherein it was held that though section 10A, as IT(TP)A No.492 & 451/B/2015 & 402 & 556/B/2016 Page 10 of 37 amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter IV and not at the stage of computation of the total income under Chapter VI. Being…

Xchanging Solutions Limited, Bangalore vs. DCIT, Bangalore

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

ITA 492/BANG/2015[2010-11]Status: DisposedITAT Bangalore19 Jan 2022AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

…f provisions similar to section 80A(2), the entire deduction to be restricted to total income in all the loss/profit of 10A units to be excluded at source level. For this purpose, he relied on the order of the Supreme Court in the case of Yokogawa India Ltd., 391 ITR 274 (SC) wherein it was held that though section 10A, as IT(TP)A No.492 & 451/B/2015 & 402 & 556/B/2016 Page 10 of 37 amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter IV and not at the stage of computation of the total income under Chapter VI. Being…

DCIT, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

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

ITA 459/BANG/2015[2010-11]Status: DisposedITAT Bangalore19 Jan 2022AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

…f provisions similar to section 80A(2), the entire deduction to be restricted to total income in all the loss/profit of 10A units to be excluded at source level. For this purpose, he relied on the order of the Supreme Court in the case of Yokogawa India Ltd., 391 ITR 274 (SC) wherein it was held that though section 10A, as IT(TP)A No.492 & 451/B/2015 & 402 & 556/B/2016 Page 10 of 37 amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter IV and not at the stage of computation of the total income under Chapter VI. Being…