Fenner (India) Ltd. v. CIT

NUCLEAR POWER CORPORATION OF INDIA LTD,MUMBAI vs. ADDL CIT RG 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD,MUMBAI vs. ADDL CIT RG 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

THE DY CIT 3(2), MUMBAI vs. M/S. NUCLEAR POWER CORPORATION OF INDIA LTD, MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ACIT RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ADDL.COMMR.OF INCOME TAX, SPL. RG.32, MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ACIT(OSD) RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…ion u/s 80IA in view of the decision in the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and the case of Fenner (India) Ltd. VS. CIT 241 ITR 803 and Nirma Inds Ltd. Vs. ACIT 9 Nirma Inds Ltd. Vs. ACIT 95 ITD 199 (Ahd) (SB). Further, 5 ITD 199 (Ahd) (SB). Further, the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in the appellant is also entitled to deduction us 80IA in respect of the Charges recovered from the Contractors at respect of the Charges recovered from the Contractors at respect of the Cha…

ROYAL ANTI-BIOTICS & INVESTMENTS P.LTD,MUMBAI vs. ASST CIT CIR 4(3), MUMBAI

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

…pts, and in particular, as to whether the impugned receipts are in the nature of income from business or income from other sources. He will keep in mind the decisions of the Tribunal in DCIT v. Mira Industries 87 ITD 475 and in Nirma Industries Ltd. vs. ACIT, 95 ITD 199 (ITAT Ahd.) (SB) as also other cases which the parties may cite before him. If he comes to the conclusion that the impugned receipts are in the nature of income from business, he will allow the benefit of netting the impugned receipts against the business expenses in terms of the decision of the Special bench of the Tribunal in Lalsons Enterprises…

ROYAL ANTI-BIOTICS & INVESTMENTS P.LTD,MUMBAI vs. ASST CIT CIR 4(3), MUMBAI

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Ashwani Taneja

…pts, and in particular, as to whether the impugned receipts are in the nature of income from business or income from other sources. He will keep in mind the decisions of the Tribunal in DCIT v. Mira Industries 87 ITD 475 and in Nirma Industries Ltd. vs. ACIT, 95 ITD 199 (ITAT Ahd.) (SB) as also other cases which the parties may cite before him. If he comes to the conclusion that the impugned receipts are in the nature of income from business, he will allow the benefit of netting the impugned receipts against the business expenses in terms of the decision of the Special bench of the Tribunal in Lalsons Enterprises…

MONSANTO INDIA LTD,MUMBAI vs. ADDL CIT RG 8(2), MUMBAI

In the result, appeal of the revenue is dismissed, whereas appeal of the assessee is allowed in part

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.8338/Mum/2010 (नििाारण वषा / Assessment Year :2006-2007) Adcit-8(2), Mumbai Vs. M/S Monsanto India Limited, 5Th Floor, Ahura Centre, 96, Mahakali Caves Road, Andheri (East) Mumbai- 400093 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaacm 2875 L (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & आमकय अऩीर सं./Ita No.8545/Mum/2010 (नििाारण वषा / Assessment Year :2006-2007) M/S Monsanto India Limited, 5Th Vs. Acit-8(2), Mumbai Floor, Ahura Centre, 96, Mahakali Caves Road, Andheri (East) Mumbai-400093 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaacm 2875 L (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri N.P.Singh ननधाारयती की ओर से /Assessee By : Shri Rajan Vora सुनवाई की तायीख / Date Of Hearing : 14/09/2015 घोषणा की तायीख/Date Of Pronouncement 14/12/2015 आदेश / O R D E R Per R.C.Sharma (A.M):

…) 237 ITR 579(SC) and in the case of Great Eastern Shipping Co. Ltd. Vs. CIT (1994) 206 ITR 505(Bom). 8. The learned counsel for the assessee relied upon the decision of the Special Bench of the Tribunal in the case of Nirrna Industries Ltd. vs. ACIT, (:2005) 95 ITD 199 (Ahd) (SB) to support the contention that the sale of scrap would reduce the cost of raw material. Reliance was also placed on the decision of Hon'ble Delhi High Court in the case of CIT Vs. Eltek SGS (P) Ltd., 300 ITR 6 (Del). 9. The learned D.R., on the other band, pointed out that the sale of empty drums was neither a bye-product nor scrap gene…