CWT v. Spenser and Co. Ltd.

Concentrix Services India Private Limited (Formerly Known As Minacs Private Limited, Minacs Limited and Aditya Birla Minacs Worldwide Limited), Mumbai vs. DCIT 10(2)(2), Mumbai

In the result, the additional ground of appeal of the assessee is dismissed

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1235/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2010-11) Concentrix Services India बिधम/ Dcit-10(2)(2) Pvt. Ltd Room No. 209, Aayakar Vs. (Formerly Known As Minacs Bhavan, M. K. Road, Pvt. Ltd, Minacs Limited Churchgate, Mumbai- & Aditya Birla Minacs 400020. Worldwide Limited) 9Th Floor, Symphony It Park, Chandivali Farm Road, Andheri (E), Mumbai-400072. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact1567A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Chaitanya Joshi & Riken Shah Revenue By: Shri P. Sudhakar Naik सुनवाई की तारीख / Date Of Hearing: 01/04/2024 घोषणा की तारीख /Date Of Pronouncement: 29/04/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Is Filed By The Assessee Against The Assessment Order Passed U/S 143(3) Read With Section 144C(13) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Dated 30.01.2015 Passed By The Dcit- 10(2)(2), Mumbai For Ay. 2010-11, Pursuant To Direction Of The Dispute Resolution Panel-1, Mumbai (Hereinafter “The Ld. Drp”) Dated 27.10.2014. 2. At The Outset, The Ld. Ar Has Brought To Our Notice That This Appeal Of The Assessee Company For The Relevant Year I.E. Ay. 2010-11 Was Partly Allowed By This Tribunal Vide Order Dated 12.06.2023. & Thereafter, The Assessee Preferred A Miscellaneous Application (Ma)

…Mum/2017 & 5823/Mum/2019 dated 18.10.2023). However, in the light of the aforesaid facts, the Ld. AR pleaded that compulsorily convertible debentures are in nature of debt and not equity and relied on the following case laws: - i. CWT Vs Spenser and Co. Ltd (88 ITR 429) (SC) ii. ACIT Vs. CAE Flight Training (India) Pvt. Ltd[IT(TP)A No. 2060/Bang/2016] iii. TE Connectivity Services India P. Ltd Vs. NFAC (145 taxmann.com 214) (Bang. Trib) iv. IMS Health Analytics Services Vs. DCIT (ITA. No.1549/Bag/2019 6. Further, according to the Ld. AR, the payment of premium on redemption of debentures is allowable as a re…

Concentrix Services India Private Limited (Formerly Known As Minacs Private Limited, Minacs Limited & Adity Birla Minacs Worldwide Limited ), Mumbai vs. Joint Commissioner of It (OSD)10(2)(2)Assistant Commissioner of Income Tax-9(2)(2), Mumbai

…IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 5260/MUM/2017 ITA No. 5764/MUM/2017 (Assessment Year: 2011-12) (Assessment Year: 2012-13) Concentrix Services India Private Limited, [Formerly known as Minacs Private Limited, Minacs Limited & Aditya Birla Minacs Wordlwide Limited] 8th Floor, Symphony IT Park, Chandivali Farm Road, Andheri (East), Mumbai - 400072 …………… Appellant [PAN: AAACT1567A] Vs Deputy Commissioner of Income Tax, 10(2)(2), Mumbai, C-10, 7th Floor, Pratyakshakar Bhavan, Bandra Kurla Complex, Bandra (East…

Concentrix Services India Private Limited (Formerly Known As Minacs Private Limited, Minacs Limited & Adity Birla Minacs Worldwide Limited ), Mumbai vs. Deputy Commissioner of Income Tax-10(2)(2), Mumbai

…IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 5260/MUM/2017 ITA No. 5764/MUM/2017 (Assessment Year: 2011-12) (Assessment Year: 2012-13) Concentrix Services India Private Limited, [Formerly known as Minacs Private Limited, Minacs Limited & Aditya Birla Minacs Wordlwide Limited] 8th Floor, Symphony IT Park, Chandivali Farm Road, Andheri (East), Mumbai - 400072 …………… Appellant [PAN: AAACT1567A] Vs Deputy Commissioner of Income Tax, 10(2)(2), Mumbai, C-10, 7th Floor, Pratyakshakar Bhavan, Bandra Kurla Complex, Bandra (East…