Gujarat Alkalies & Chemicals Ltd. v. CIT

350 ITR 94High Court2013#5887 most cited
20

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 143(3)Section 234ASection 234BSection 92C(2)Section 10B(1)(a)Section 135(5)Section 144BSection 144C

Issues it is cited on

section 139(3)section 108section 10basection 10b(8)section 80ia(8)cost plus methodinterest on outstanding receivablesinterest u/s 234csection 80a(5)section 80ia(4)deduction under section 80iaspecified domestic transaction

Judgments citing Gujarat Alkalies & Chemicals Ltd. v. CIT

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

In the result, the appeal filed by the assessee is partly allowed

ITA 1875/KOL/2024[2020-2021]Status: DisposedITAT Kolkata11 Dec 2025AY 2020-2021

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 144Section 144C(5)Section 92BSection 92CSection 92C(3)

…sed the appeal. 18. It appears that the assessee preferred an application for rectification before the Tribunal contending that after the judgment was delivered by the Tribunal, the High Court, in the case of Gujarat Alkalines and Chemicals Ltd. v. CIT [2013] 350 ITR 94/[2012] 208 Taxman 31/20 taxmann.com 764 (Guj.) has delivered a judgment which would have a bearing on the issue decided by the Tribunal. The said application was opposed by the Revenue. However, the Tribunal allowed the application for rectification and recalled its earlier judgment. The Revenue came before this Court in appeal. This Court took th…

DCM SHRIRAM LIMITED,DELHI vs. ASSESSMENT UNIT, DELHI

ITA 4328/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Jun 2025AY 2020-21
Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

…the appeal.\n18. It appears that the assessee preferred an application for\nrectification before the Tribunal contending that after the judgment\nwas delivered by the Tribunal, the High Court, in the case of Gujarat\nAlkalines and Chemicals Ltd. v. CIT [2013] 350 ITR 94/[2012] 208\nTaxman 31/20 taxmann.com 764 (Guj.) has delivered a judgment\nwhich would have a bearing on the issue decided by the Tribunal.\nThe said application was opposed by the Revenue. However, the\nTribunal allowed the application for rectification and recalled its\nearlier judgment. The Revenue came before this Court in appeal.\nThis Court t…

DCIT, NEW DELHI vs. DCM SHRIRAM LTD, NEW DELHI

ITA 927/DEL/2022[2015-16]Status: DisposedITAT Delhi30 Jun 2025AY 2015-16
Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

…e appeal.\n\n18. It appears that the assessee preferred an application for\nrectification before the Tribunal contending that after the judgment\nwas delivered by the Tribunal, the High Court, in the case of Gujarat\nAlkalines and Chemicals Ltd. v. CIT [2013] 350 ITR 94/[2012] 208\nTaxman 31/20 taxmann.com 764 (Guj.) has delivered a judgment\nwhich would have a bearing on the issue decided by the Tribunal.\nThe said application was opposed by the Revenue. However, the\nTribunal allowed the application for rectification and recalled its\nearlier judgment. The Revenue came before this Court in appeal.\nThis Court t…

DCM SHRIRAM LTD,NEW DELHI vs. ACIT, CIRCLE-7(1), NEW DELHI

ITA 2587/DEL/2022[2018-19]Status: DisposedITAT Delhi30 Jun 2025AY 2018-19
Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

…the appeal.\n18. It appears that the assessee preferred an application for\nrectification before the Tribunal contending that after the judgment\nwas delivered by the Tribunal, the High Court, in the case of Gujarat\nAlkalines and Chemicals Ltd. v. CIT [2013] 350 ITR 94/[2012] 208\nTaxman 31/20 taxmann.com 764 (Guj.) has delivered a judgment\nwhich would have a bearing on the issue decided by the Tribunal.\nThe said application was opposed by the Revenue. However, the\nTribunal allowed the application for rectification and recalled its\nearlier judgment. The Revenue came before this Court in appeal.\nThis Court t…

DCM SHRIIRAM LIMITED,NEW DELHI vs. NEAC, NEW DELHI

ITA 704/DEL/2021[2016-17]Status: DisposedITAT Delhi30 Jun 2025AY 2016-17
Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

…e appeal.\n\n18. It appears that the assessee preferred an application for\nrectification before the Tribunal contending that after the judgment\nwas delivered by the Tribunal, the High Court, in the case of Gujarat\nAlkalines and Chemicals Ltd. v. CIT [2013] 350 ITR 94/[2012] 208\nTaxman 31/20 taxmann.com 764 (Guj.) has delivered a judgment\nwhich would have a bearing on the issue decided by the Tribunal.\nThe said application was opposed by the Revenue. However, the\nTribunal allowed the application for rectification and recalled its\nearlier judgment. The Revenue came before this Court in appeal.\nThis Court t…

DEV PRIYA PRODUCTS PRIVATE LTD.,DELHI vs. DCIT, CENTRAL CIRCLE, MEERUT

In the result, appeal of the assessee is partly allowed

ITA 4433/DEL/2024[2020-21]Status: DisposedITAT Delhi27 Jun 2025AY 2020-21

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2020-21] Dev Priya Products Pvt.Ltd., Vs Dcit/Acit, 4, Shankar Vihar, 1St Floor, Central Circle, Vikas Marg, Delhi-110092. Meerut Pan-Aaacd4276C Appellant Respondent Appellant By Shri Ved Jain, Adv. & Shri Ayush Garg, Ca Respondent By Shri S.K.Jhadav, Cit Dr Date Of Hearing 02.04.2025 Date Of Pronouncement 27.06.2025 Order

Section 143(3)Section 144C(1)Section 80I

…sed the appeal. 18. It appears that the assessee preferred an application for rectification before the Tribunal contending that after the judgment was delivered by the Tribunal, the High Court, in the case of Gujarat Alkalines and Chemicals Ltd. v. CIT [2013] 350 ITR 94/[2012] 208 Taxman 31/20 taxmann.com 764 (Guj.) has delivered a judgment which would have a bearing on the issue decided by the Tribunal. The said application was opposed by the Revenue. However, the Tribunal allowed the application for rectification and recalled its earlier judgment. The Revenue came before this Court in appeal. This Court took th…

PROCTER & GAMBLE HYGIENE AND HEALTH CARE LTD,MUMBAI vs. CIT CIR 8, MUMBAI

In the result, appeal by assessee stands allowed

ITA 4903/MUM/2011[2004-05]Status: DisposedITAT Mumbai09 May 2022AY 2004-05

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 4903/मुं/2011 ("न.व. 2004-05) Procter & Gamble Hygiene & Health Care Ltd. P&G Plaza, Cardinal Gracias Road, Chakala, Andheri (East), Mumbai – 400 099 Pan: Aaacp-6332-M ...... अपीलाथ" /Appellant बनाम Vs. Commissioner Of Income Tax,Cir.8, Aaykar Bhavan, M.K.Road, Mumbai 400 020 . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Yogesh Thar ""तवाद" "वारा/Respondent By : Ms.Vatsalya Saxena & Shri Tejinder Pal Singh Anand सुनवाई क" "त"थ/ Date Of Hearing : 11/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 09/05/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri Yogesh TharFor Respondent: Ms.Vatsalya Saxena and Shri Tejinder Pal Singh Anand
Section 143(3)Section 80Section 80I

…e ld. Authorized Representative for the assessee in support of his contentions placed reliance on the following decisions: (i) Ramco Cements Ltd. vs. JCIT in TC(A) No.570 of 2004 by Hon’ble Madras High Court. (ii) Gujarat Alkalies and Chemicals Ltd. vs. CIT, 350 ITR 94 (Guj) (iii) JCIT vs. Associated Capsules Pvt. Ltd. , 114 ITD 189 (Mum) 5. Per contra, Ms. Vatsalya Saxena representing the Department vehemently supported the impugned order .The ld. Departmental Representative submitted that 6 a field enquiry was made by the Department. During the course of enquiry Asstt. Director of Income Tax (Investigation) v…

PAUSHAK LIMITED,,BARODA vs. ACIT, CIR-2(1)(2),, VADODARA

Appeal of the assessee is partly allowed for statistical purpose

ITA 436/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad23 Mar 2022AY 2014-15

Bench: Shri P.M. Jagtap & Ms. Suchitra Kamble

For Appellant: Shri S.N. Soparkar, Sr. Advocate &For Respondent: Shri S.S. Shukla, Sr. D.R
Section 115JSection 129Section 142(1)Section 143(2)Section 2Section 80Section 80I

…Page 5 of 7 * CIT vs. Atul Ltd. (2016) 74 taxmann.com 255 (Guj. HC) * CIT vs. Associated Cement Companies Ltd. (1979) 118 ITR 406 (Bom. HC) * Textile Machinery Corporation Ltd. vs. CIT (1977) 107 ITR 195 (SC) * Gujarat Alkalies & Chemicals Ltd. vs. CIT (2013) 350 ITR 94 (Guj. HC) * CIT vs. Gedore Tools India (P.) Ltd. (1980) 126 ITR 673 (Del. HC) * Tamilnadu Petro Products Ltd. vs. ACIT (2011) 338 ITR 643 (Mad. HC) * CIT vs. Ahmedabad Mfg. & Calico Printing Co. Ltd.(1986) 162 ITR 760 (Gujarat High Court) * CIT vs. Cethar Ltd. (2014) 51 taxmann.com 183 (Mad. HC) * CIT vs. Alembic Ltd. (Tax Appeal No. 1249 of 2014…

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

ITA 1681/AHD/2011[2005-06]Status: DisposedITAT Ahmedabad23 Feb 2022AY 2005-06
For Appellant: Shri Bandish Soparkar, A.RFor Respondent: Shri Mohd Usman, CIT/DR
Section 250(6)Section 92C

…bstantial question of law framed by the High Court was whether the ITAT was justified in recalling its judgment relying upon the subsequent decision of the Jurisdictional High Court in the Case of Gujarat Alkalies and Chemicals Ltd. vs. CIT reported in [2013] 350 ITR 94 (Guj) on the ground that there was error apparent on record. The question of law framed by the Hon’ble High Court is reproduced hereunder: “For the purpose of this Tax Appeal, we frame following substantial question of law. "Whether the Income Tax Appellate Tribunal was justified in recalling its judgment relying on the subsequent decision of thi…

DCM SHRIIRAM LTD.,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 3 , NEW DELHI

In the result appeal of assessee is partly allowed

ITA 7362/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Oct 2021AY 2014-15

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Pradeep Dinodia, C. A.; &For Respondent: Shri Surendra Pal [CIT] – DR
Section 133(6)Section 143Section 143(3)Section 144Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL [DELHI BENCH “I–1”: NEW DELHI] BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) ITA. No. 7362/Del/2018 (Assessment Year: 2014-15) DCM Shriram Ltd., Addl. CIT, 1st Floor, Kanchanjunga Bldg., Special Range – 3, Vs. 18 – Barakhamba Road, New Delhi. New Delhi – 110 001. PAN: AAACD0097R (Appellant) (Respondent) Assessee by : Shri Pradeep Dinodia, C. A.; & Shri R. K. Kapoor, C. A.; Department by : Shri Surendra Pal [CIT] – DR; Date of Hearing : 02/09/2021 Date of pronouncement : 28/10/2021 O R D E R PER PRASHANT…

SAF YEAST CO. P.LTD.,MUMBA vs. ACIT CC-7(1), MUMBAI

Accordingly, ground No. 1 & 2 raised by the assessee is allowed

ITA 1800/MUM/2020[2013-14]Status: DisposedITAT Mumbai25 Oct 2021AY 2013-14

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2013-14 Deputy Commissioner Of Income M/S Saf Yeast Co. Pvt. Ltd., Tax Cc-7(1), Vs. 419, Swastik Chambers, Room No. 653, Aayakar Bhavan, Chembur, M.K. Road, Mumbai-400071. Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2013-14 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2014-15 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent

For Respondent: Mr. Hemant Chimanlal Leuwa, DR
Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

DY CIT - CC- 7(1), MUMBAI vs. M/S. SAF YEAST CO.PVT. LTD., MUMBAI

Accordingly, ground No. 1 & 2 raised by the assessee is allowed

ITA 1714/MUM/2020[2013-14]Status: DisposedITAT Mumbai25 Oct 2021AY 2013-14

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2013-14 Deputy Commissioner Of Income M/S Saf Yeast Co. Pvt. Ltd., Tax Cc-7(1), Vs. 419, Swastik Chambers, Room No. 653, Aayakar Bhavan, Chembur, M.K. Road, Mumbai-400071. Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2013-14 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2014-15 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent

For Respondent: Mr. Hemant Chimanlal Leuwa, DR
Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

SAF YEAST COMPANY P.LTD,MUMBAI vs. ASST CIT CEN CIR 40, MUMBAI

In the result the appeal of the assessee for AY 2009-10 is partly allowed

ITA 1875/MUM/2014[2009-10]Status: DisposedITAT Mumbai16 May 2018AY 2009-10

Bench: Shri B.R. Baskaran (Am)& Shri Pawan Singh (Jm)

Section 80I

…aking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon'ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

DCIT CEN CIR 40, MUMBAI vs. SAF YEAST CO. P. LTD, MUMBAI

In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed

ITA 1780/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Nov 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

DCIT CEN CIR 40, MUMBAI vs. SAF YEAST CO. P. LTD, MUMBAI

In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed

ITA 1778/MUM/2014[2006-07]Status: DisposedITAT Mumbai24 Nov 2017AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

DCIT CEN CIR 40, MUMBAI vs. SAF YEAST CO. P. LTD, MUMBAI

In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed

ITA 1777/MUM/2014[2005-06]Status: DisposedITAT Mumbai24 Nov 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

SAF YEAST COMPANY P.LTD,MUMBAI vs. DCIT CEN CIR 40, MUMBAI

In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed

ITA 1637/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Nov 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

SAF YEAST COMPANY P.LTD,MUMBAI vs. DCIT CEN CIR 40, MUMBAI

In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed

ITA 1636/MUM/2014[2007-08]Status: DisposedITAT Mumbai24 Nov 2017AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

SAF YEAST COMPANY P.LTD,MUMBAI vs. DCIT CEN CIR 40, MUMBAI

In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed

ITA 1635/MUM/2014[2006-07]Status: DisposedITAT Mumbai24 Nov 2017AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…

SAF YEAST COMPANY P.LTD,MUMBAI vs. DCIT CEN CIR 40, MUMBAI

In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed

ITA 1634/MUM/2014[2005-06]Status: DisposedITAT Mumbai24 Nov 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…taking, 4. Earning of profits clearly attributable to the said new undertaking, and 5. Above all, a separate and distinct identity of the industrial unit set up. 36. Similarly, Hon’ble Gujarat High Court in the case of Gujarat Alkalies & Chemicals Ltd vs CIT (350 ITR 94) while relying on the judgement of Textile Machinery Corpn. Ltd. vs. CIT [1977] 107 ITR 195 further held that so far as the fifth test is concerned i.e. a separate and distinct identity, only because to a certain extent the new undertaking is dependent on the existing unit, will not deprive the new undertaking the status of a separate and distinct…