DCW Ltd. v. ACIT

Deputy Commissioner of Income Tax, Circle-4(2), Delhi vs. Crystal Crop Protection Limited, Delhi

Accordingly, we find no error in the order of Ld. CIT(A) which is hereby uphold. Accordingly, grounds of appeal No. 2 & 3 of the Revenue are dismissed

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2330/Del/2023 (Assessment Year 2018-19) Dy. Cit, Crystal Crop Protection Circle-4(2), Delhi. Limited, Vs. B-95, Wazirpur, Industrial Area Delhi, Delhi-110052. Pan-Aabcj3574E (Appellant) (Respondent) C.O. No.159/Del/2023 Arising Out Of Ita No.2330/Del/2023 (Assessment Year 2018-19) Crystal Crop Protection Dy. Cit, Limited, Circle-4(2), Delhi. B-95, Wazirpur, Vs. Industrial Area Delhi, Delhi-110052. Pan-Aabcj3574E (Appellant) (Respondent) Assessee By Shri S.S. Nagar, Ca Department By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 30.10.2025 Date Of Pronouncement 09.01.2026 C.O. No.159/Del/2023 Dcit Vs. Crystal Crop Protection Limited O R D E R Per Manish Agarwal, Am: The Captioned Two Appeals Are Filed By The Revenue & Cross Objection Is Filed By The Assessee For Following Assessment Years.

…ght have incurred on that unit and reduced the eligible amount of deduction u/s 80IA of the Act. C.O. No.159/Del/2023 DCIT vs. Crystal Crop Protection Limited 20. The Co-ordinate Bench of ITAT, Mumbai in the case of DCW Ltd. vs. Addl. CIT reported in [2010] 37 SOT 322 Mumbai has held as under: “18.6 2nd reason for disallowance of deduction under section 80-1A is cation of indirect expenses. We noticed that for the purpose of deduction under section 80-1A only income derived from industrial undertaking that has to be reckoned in computation as such the income and expenditures which are not directly relatable to…

DCIT Circle 4(2), New Delhi vs. Crystal Crop Protection Limited, Delhi

Accordingly, we find no error in the order of Ld. CIT(A) which is hereby uphold. Accordingly, grounds of appeal No. 2 & 3 of the Revenue are dismissed

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2330/Del/2023 (Assessment Year 2018-19) Dy. Cit, Crystal Crop Protection Circle-4(2), Delhi. Limited, Vs. B-95, Wazirpur, Industrial Area Delhi, Delhi-110052. Pan-Aabcj3574E (Appellant) (Respondent) C.O. No.159/Del/2023 Arising Out Of Ita No.2330/Del/2023 (Assessment Year 2018-19) Crystal Crop Protection Dy. Cit, Limited, Circle-4(2), Delhi. B-95, Wazirpur, Vs. Industrial Area Delhi, Delhi-110052. Pan-Aabcj3574E (Appellant) (Respondent) Assessee By Shri S.S. Nagar, Ca Department By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 30.10.2025 Date Of Pronouncement 09.01.2026 C.O. No.159/Del/2023 Dcit Vs. Crystal Crop Protection Limited O R D E R Per Manish Agarwal, Am: The Captioned Two Appeals Are Filed By The Revenue & Cross Objection Is Filed By The Assessee For Following Assessment Years.

…ght have incurred on that unit and reduced the eligible amount of deduction u/s 80IA of the Act. C.O. No.159/Del/2023 DCIT vs. Crystal Crop Protection Limited 20. The Co-ordinate Bench of ITAT, Mumbai in the case of DCW Ltd. vs. Addl. CIT reported in [2010] 37 SOT 322 Mumbai has held as under: “18.6 2nd reason for disallowance of deduction under section 80-1A is cation of indirect expenses. We noticed that for the purpose of deduction under section 80-1A only income derived from industrial undertaking that has to be reckoned in computation as such the income and expenditures which are not directly relatable to…

K.R.Pulp and Papers Ltd., Delhi vs. ACIT, Central Circle-19, Delhi

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

…st.) 8 (Mum-Trib.); (iv) SIAL SBEC Bioenergy Ltd. vs DCIT (2004) 83 TTJ 866 (Delhi); (υ) DCIT vs Maharaja Shree Umaid Mills Ltd. [2009] 29 SOT 278 (Jaipur Trib.); (vi) Tamil Nadu Petro Products Ltd. vs ACIT 238 CTR 454 (Mad); (vii) DCW Ltd. vs Addl.CIT [2010] 37 SOT 322 (Mum.) 16. In view of the above submissions, Ld.AR submits that cost of steam produced in both units cannot be taken at NIL and accordingly, adjustment made by AO/TPO of INR 51,63,85,174/- deserves to be deleted. 17. On the other hand, Ld.CIT DR supported the orders of the lower authorities and submitted that AO/TPO discussed this issue at lengt…

K R Pulp and Papers Ltd., Delhi vs. DCIT Central Circle-19, Delhi

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

…st.) 8 (Mum-Trib.); (iv) SIAL SBEC Bioenergy Ltd. vs DCIT (2004) 83 TTJ 866 (Delhi); (υ) DCIT vs Maharaja Shree Umaid Mills Ltd. [2009] 29 SOT 278 (Jaipur Trib.); (vi) Tamil Nadu Petro Products Ltd. vs ACIT 238 CTR 454 (Mad); (vii) DCW Ltd. vs Addl.CIT [2010] 37 SOT 322 (Mum.) 16. In view of the above submissions, Ld.AR submits that cost of steam produced in both units cannot be taken at NIL and accordingly, adjustment made by AO/TPO of INR 51,63,85,174/- deserves to be deleted. 17. On the other hand, Ld.CIT DR supported the orders of the lower authorities and submitted that AO/TPO discussed this issue at length…

Avtec Ltd., New Delhi vs. DCIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

…bank and loan processing charges, there is no provision in the Act which prescribes about the allocation of expenses. Further, the ld AR argued that the eligible unit need to be independently assessed. It relied on the decision of 1) DCW Ltd.vs. ADIT [2010] 37 SOT 322 (Mumbai) 132 TTJ 442 2) Punjab Con-Cast Ltd vs. ACIT (1994) 49 ITD 430 (Chandigarh-Tri) (Mumbai) 9. With respect to Goods transferred to 'MPEZ' unit, the ld AR argued that the AO has compared the profit rate with the Excise law. It was submitted that the AO without application of mind, has made the additions of GP @ 12.30%-. With regard to Sect…

Avtec Ltd., New Delhi vs. ACIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

…bank and loan processing charges, there is no provision in the Act which prescribes about the allocation of expenses. Further, the ld AR argued that the eligible unit need to be independently assessed. It relied on the decision of 1) DCW Ltd.vs. ADIT [2010] 37 SOT 322 (Mumbai) 132 TTJ 442 2) Punjab Con-Cast Ltd vs. ACIT (1994) 49 ITD 430 (Chandigarh-Tri) (Mumbai) 9. With respect to Goods transferred to 'MPEZ' unit, the ld AR argued that the AO has compared the profit rate with the Excise law. It was submitted that the AO without application of mind, has made the additions of GP @ 12.30%-. With regard to Sect…

Avtec Ltd., New Delhi vs. DCIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

…bank and loan processing charges, there is no provision in the Act which prescribes about the allocation of expenses. Further, the ld AR argued that the eligible unit need to be independently assessed. It relied on the decision of 1) DCW Ltd.vs. ADIT [2010] 37 SOT 322 (Mumbai) 132 TTJ 442 2) Punjab Con-Cast Ltd vs. ACIT (1994) 49 ITD 430 (Chandigarh-Tri) (Mumbai) 9. With respect to Goods transferred to 'MPEZ' unit, the ld AR argued that the AO has compared the profit rate with the Excise law. It was submitted that the AO without application of mind, has made the additions of GP @ 12.30%-. With regard to Sect…

Avtec Ltd., New Delhi vs. ACIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

…bank and loan processing charges, there is no provision in the Act which prescribes about the allocation of expenses. Further, the ld AR argued that the eligible unit need to be independently assessed. It relied on the decision of 1) DCW Ltd.vs. ADIT [2010] 37 SOT 322 (Mumbai) 132 TTJ 442 2) Punjab Con-Cast Ltd vs. ACIT (1994) 49 ITD 430 (Chandigarh-Tri) (Mumbai) 9. With respect to Goods transferred to 'MPEZ' unit, the ld AR argued that the AO has compared the profit rate with the Excise law. It was submitted that the AO without application of mind, has made the additions of GP @ 12.30%-. With regard to Sect…

Avtec Ltd., New Delhi vs. ACIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

…bank and loan processing charges, there is no provision in the Act which prescribes about the allocation of expenses. Further, the ld AR argued that the eligible unit need to be independently assessed. It relied on the decision of 1) DCW Ltd.vs. ADIT [2010] 37 SOT 322 (Mumbai) 132 TTJ 442 2) Punjab Con-Cast Ltd vs. ACIT (1994) 49 ITD 430 (Chandigarh-Tri) (Mumbai) 9. With respect to Goods transferred to 'MPEZ' unit, the ld AR argued that the AO has compared the profit rate with the Excise law. It was submitted that the AO without application of mind, has made the additions of GP @ 12.30%-. With regard to Sect…

Avtec Ltd., New Delhi vs. DCIT (Ltu), New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

…bank and loan processing charges, there is no provision in the Act which prescribes about the allocation of expenses. Further, the ld AR argued that the eligible unit need to be independently assessed. It relied on the decision of 1) DCW Ltd.vs. ADIT [2010] 37 SOT 322 (Mumbai) 132 TTJ 442 2) Punjab Con-Cast Ltd vs. ACIT (1994) 49 ITD 430 (Chandigarh-Tri) (Mumbai) 9. With respect to Goods transferred to 'MPEZ' unit, the ld AR argued that the AO has compared the profit rate with the Excise law. It was submitted that the AO without application of mind, has made the additions of GP @ 12.30%-. With regard to Sect…

M/S. Avtec Ltd., New Delhi vs. DCIT (Ltu), New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

…bank and loan processing charges, there is no provision in the Act which prescribes about the allocation of expenses. Further, the ld AR argued that the eligible unit need to be independently assessed. It relied on the decision of 1) DCW Ltd.vs. ADIT [2010] 37 SOT 322 (Mumbai) 132 TTJ 442 2) Punjab Con-Cast Ltd vs. ACIT (1994) 49 ITD 430 (Chandigarh-Tri) (Mumbai) 9. With respect to Goods transferred to 'MPEZ' unit, the ld AR argued that the AO has compared the profit rate with the Excise law. It was submitted that the AO without application of mind, has made the additions of GP @ 12.30%-. With regard to Sect…