Coca Cola Inc. v. ACIT

Si Group India Ltd, Navi Mumbai vs. Asst CIT Ltu, Mumbai

In the result appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Si Group India Limited Large Taxpayer Unit – 2 Plot No: D-2/I, Ttc Industrial Area World Trade Centre Thane – Belapur Road Centre 1, 29Th Floor, Cuffe Parade Opp. Juinagar Railway Station Mumbai – 400 005 Navi Mumbai – 400 705 Pan: Aaach7323L (Appellant) (Respondent) M/S. Si Group India Limited V. Assistant Commissioner Of Income-Tax Large Taxpayer Unit Plot No: D-2/I, Ttc Industrial Area Mumbai Thane – Belapur Road Opp. Juinagar Railway Station Navi Mumbai – 400 705 Pan: Aaach7323L (Appellant) (Respondent) Assessee By : Shri Ajit Kumar Jain & Shri Siddhesh Chaugule Department By : Shri Vivek A. Perampura

…by the learned CIT(A) holding that RBI approval will not be determinative factor, we may only point out that this view has not found favour with Hon’ble Supreme Court in the sense that Hon’ble Supreme Court has, in the case of Coca Cola Inc. vs. ACIT [(2011) 336 ITR 1 (SC)] set aside this order, and directed the authorities to “decide the matter uninfluenced by any of the observations made in the impugned judgement”. 10. In any event, learned Departmental Representative has not been able to controvert very well-reasoned findings of the learned CIT(A). In view of these discussions, as also bearing in mind entiret…

DCIT (Ltu)-2, Mumbai vs. S I Group India Ltd, Navi Mumbai

In the result appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Si Group India Limited Large Taxpayer Unit – 2 Plot No: D-2/I, Ttc Industrial Area World Trade Centre Thane – Belapur Road Centre 1, 29Th Floor, Cuffe Parade Opp. Juinagar Railway Station Mumbai – 400 005 Navi Mumbai – 400 705 Pan: Aaach7323L (Appellant) (Respondent) M/S. Si Group India Limited V. Assistant Commissioner Of Income-Tax Large Taxpayer Unit Plot No: D-2/I, Ttc Industrial Area Mumbai Thane – Belapur Road Opp. Juinagar Railway Station Navi Mumbai – 400 705 Pan: Aaach7323L (Appellant) (Respondent) Assessee By : Shri Ajit Kumar Jain & Shri Siddhesh Chaugule Department By : Shri Vivek A. Perampura

…by the learned CIT(A) holding that RBI approval will not be determinative factor, we may only point out that this view has not found favour with Hon’ble Supreme Court in the sense that Hon’ble Supreme Court has, in the case of Coca Cola Inc. vs. ACIT [(2011) 336 ITR 1 (SC)] set aside this order, and directed the authorities to “decide the matter uninfluenced by any of the observations made in the impugned judgement”. 10. In any event, learned Departmental Representative has not been able to controvert very well-reasoned findings of the learned CIT(A). In view of these discussions, as also bearing in mind entiret…

DCIT Large Tax Payer Unit, Mumbai vs. S.I. Group India Ltd ( Formerly M/S. Schenectady Herdillia Ltd), Mumbai

…y point out that this view has not found favour with Hon’ble Supreme Court in the sense that Hon’ble I.T.A. Nos.813 & 1009/Mum/2013 & C.O. No.192/Mum/2013 Assessment year: 2007-08 Page 9 of 11 Supreme Court has, in the case of Coca Cola Inc. vs. ACIT [(2011) 336 ITR 1 (SC)] set aside this order, and directed the authorities to “decide the matter uninfluenced by any of the observations made in the impugned judgement”. 10. In any event, learned Departmental Representative has not been able to controvert very well-reasoned findings of the learned CIT(A). In view of these discussions, as also bearing in mind entire…

Si Group (I) Ltd, Navi Mumbai vs. DCIT Large Taxpayer Unit, Mumbai

…y point out that this view has not found favour with Hon’ble Supreme Court in the sense that Hon’ble I.T.A. Nos.813 & 1009/Mum/2013 & C.O. No.192/Mum/2013 Assessment year: 2007-08 Page 9 of 11 Supreme Court has, in the case of Coca Cola Inc. vs. ACIT [(2011) 336 ITR 1 (SC)] set aside this order, and directed the authorities to “decide the matter uninfluenced by any of the observations made in the impugned judgement”. 10. In any event, learned Departmental Representative has not been able to controvert very well-reasoned findings of the learned CIT(A). In view of these discussions, as also bearing in mind entire…