Control & Switchgear Co. Ltd. v. DCIT

66 DTR 161High Court2012#25430 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 341,001 Indian tax judgments — from 2015 to 2022.

Judgments citing Control & Switchgear Co. Ltd. v. DCIT

ACIT- Circle-6(2)(1), Mumbai vs. Cg Power & Industrial Solution Ltd. (Formerly Known As Crompton Greaves Ltd.), Mumbai

In the result, the appeal filed by the assessee is treated as allowed and the appeal of the revenue is dismissed

ITA 2955/MUM/2018[2010-11]Status: DisposedITAT Mumbai25 Nov 2022AY 2010-11

Section 14Section 14ASection 35Section 80I

…arned AR has placed reliance on the decision rendered by Hon'ble Bombay High Court in the case of Zandu Pharmaceuticals Works Ltd. Vs. CIT (ITA No. 8 of 2007) and also decision rendered by Hon'ble Delhi High Court Control & Switchgear Co. Ltd. Vs. DCIT (2012) 66 DTR 161. We have perused both decisions and we noticed that the ratio of the above said decisions is that if any common expenses incurred by the assessee are not specifically attributable to the undertaking which is eligible for deduction under section 80IB, 80IC etc., then common expenses need not be allocated. The corollary is that, if part of common ex…

Rallison Electricals Pvt. Ltd., New Delhi vs. Addl. CIT, New Delhi

Appeals of the assessee are partly allowed and that of the Department is dismissed

ITA 2405/DEL/2012[2008-09]Status: DisposedITAT Delhi22 Jun 2017AY 2008-09

Bench: Shri I. C. Sudhir & Shri O. P. Kant

For Appellant: Shri Satish Aggarwal, C. AFor Respondent: Shri F. R. Meena, Sr. D. R

Section 80Section 80I

…took up the Departmental appeal firstly. The parties advanced their respective arguments. The ld. AR submitted that the issue is fully covered by the decision of Hon’ble jurisdictional High Court of Delhi in the case of Control & Switch Gear Co. Ltd. Vs. DCIT 66 DTR 161 (Del.). The ld. CIT (Appeals) has decided the issue following this decision of Hon’ble High Court. 6.1 The relevant facts are that in the assessment year 2010-11 the assessee had claimed deduction under section 80IC of the Act of Rs.6,46,26,634/- on profit earned from its manufacturing operations carried on at Baddi Unit, for which a separate pr…

DCIT, Circle -6 Kolkata, Kolkata vs. M/S Crosses Capital Services Pvt. Ltd., Kolkata

In the result, the appeal of revenue is dismissed and assessee’s CO is allowed

ITA 639/KOL/2012[2008-2009]Status: DisposedITAT Kolkata07 Oct 2015AY 2008-2009

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

For Appellant: Shri Sanjit Kr. Das, JCIT, Sr. DRFor Respondent: Shri S. M. Surana, Advocate

Section 143(3)Section 14ASection 94(7)

…e are several variables the applicability of which is to be considered in working out this computation. The assessee’s claim is accepted on this point also.” 11. Similarly, Hon'ble Delhi High Court in the case of Control & Switchgear Co. Ltd. Vs. DCIT (2012) 66 DTR 161 (Del.) has considered the issue of common issue how to be dealt with as under: “10. The Tribunal has recorded the following findings : "5.5 Coming to adjustment on account of common expenses, we may gainfully refer to the provision contained in sub- section(5), which mandates that the same have to be computed as if eligible business was the only…