Maral Overseas Ltd. v. ACIT

136 ITD 177Income Tax Appellate Tribunal2012#2536 most cited

What is Maral Overseas Ltd. v. ACIT authority for?

There is a distinction between the computation of deduction under sections 10A and 10B, where the entire business profit is eligible, versus sections 80IA, 80IB, and 80HH, where only profits derived from such businesses are eligible.

46

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2026.

Also referred to as

Maral Overseas Ltd. v. ACIT · section 10B · section 80IA · section 80IB · section 80HH · eligible business profit · deduction

Also reported as

16 ITR 565

Sections most often in play

Section 10BSection 115JBSection 143(3)Section 14ASection 234BSection 234CSection 234DSection 43B

Issues it is cited on

section 108perquisite valueconvertible foreign exchangeactual payment basisinterest u/s 234cinterest under section 234csection 10bsection 234dsection 80hhcsection 80hhcomputer softwaresection 80ib

Judgments citing Maral Overseas Ltd. v. ACIT

Hcl Technologies Ltd., New Delhi vs. ACIT, New Delhi

The appeal is allowed as indicated above

ITA 5465/DEL/2011[2007-08]Status: DisposedITAT Delhi15 Apr 2026AY 2007-08

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

Section 10ASection 143Section 144Section 144C(13)

…although it did not partake the character of profit and gains from the sale of an ar"cle, “it is income which is derived from the considera"on realized by export of ar"cles.” The Special bench of the Tribunal in the case of Maral Overseas Ltd vs ACIT: [2012] 136 ITD 177 (Indore Trib.) (SB) on the interpreta"on of sec"on 10B(4) of the Act [pari materia to sub-sec"on (7) of sec"on 10AA] held that sub-sec"on (4) of sec"on 10B does not require an assessee to establish a direct nexus with the business of the undertaking and once an income forms part of the of the business of the undertaking, the same would be include…

Hcl Technologies Ltd, New Delhi vs. ACIT, New Delhi

The appeal is allowed as indicated above

ITA 5624/DEL/2010[2006-07]Status: DisposedITAT Delhi15 Apr 2026AY 2006-07

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

Section 10ASection 143Section 144Section 144C(13)

…although it did not partake the character of profit and gains from the sale of an ar"cle, “it is income which is derived from the considera"on realized by export of ar"cles.” The Special bench of the Tribunal in the case of Maral Overseas Ltd vs ACIT: [2012] 136 ITD 177 (Indore Trib.) (SB) on the interpreta"on of sec"on 10B(4) of the Act [pari materia to sub-sec"on (7) of sec"on 10AA] held that sub-sec"on (4) of sec"on 10B does not require an assessee to establish a direct nexus with the business of the undertaking and once an income forms part of the of the business of the undertaking, the same would be include…

DCIT-4(1), Indore vs. Maral Overseas Ltd, Khargone

In the result appeal of Revenue is dismissed

ITA 571/IND/2025[2006-07]Status: DisposedITAT Indore27 Feb 2026AY 2006-07

Bench: Shri B.M. Biyani & Shri Paresh M Joshidcit-4(1), Indore Maral Overseas Ltd., बनाम/ Maral Sarovar, V& Po Vs. Khalbujurg, Kasrawad, Khargone, Bhopal

Section 10BSection 143(3)Section 246ASection 250Section 253Section 36Section 40A(7)Section 40A(7)(b)Section 40A(9)

…B in respect ,645/- Para 6 to considered as separate industrial undertaking. The issue of unit IV. Finding: 6.5 raised by the AO in AY 2001-02 and 2002-03 was finally page 6 to decided by Hon’ble Special Bench of ITAT vide order 7 dated 28/03/2012 reported in 136 ITD 177 (Indore Page 10 of 20 Maral Overseas Ltd. ITA No. 571/Ind/2025 - A.Y.2006-07 Special bench) wherein the claim of exemption in respect of Unit III and Unit IV was allowed. The order of Hon’ble Special bench of ITAT has attained finality as the appeal filed by the revenue stands dismissed by High Court on account of low tax effect. The CIT(A) a…

Jindal Saw Ltd., New Delhi vs. ACIT, Circle-13(2), New Delhi

In the result, assessee’s appeal in ITA No

ITA 504/DEL/2022[2014-15]Status: DisposedITAT Delhi04 Jun 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2011-12] Jindal Saw Ltd. Vs Dcit, 28, Najafgarh Road, Circle-13(2) New Delhi-110015. (Earlier Addl.Cit Range-4), Pan-Aabcs7280C C.R.Building, I.P.Estate, New Delhi-110002. Appellant Respondent [Assessment Year : 2011-12] Dcit, Vs Jindal Saw Ltd. Circle-13(2), (Formerly Known As M/S. Saw Pipes Room No.316A, Ltd.), 28, Najafgarh Road, C.R.Building, New Delhi-110015. New Delhi Pan-Aabcs7280C Appellant Respondent [Assessment Year : 2014-15] Jindal Saw Ltd., Vs Acit, 28, Najafgarh Road, Shivaji Marg, Circle-13(2), New Delhi-110015. New Delhi. Pan-Aabcs7280C Appellant Respondent [Assessment Year : 2015-16] Jindal Saw Ltd. Vs Acit, 28, Najafgarh Road, Circle-13(2) P.O.Ramesh Nagar, C.R.Building, I.P.Estate, New Delhi-110015. New Delhi-110002. Pan-Aabcs7280C Appellant Respondent

Section 143(3)Section 234BSection 43B

…ITA Nos.826 & 1000/Del/2016, 4693 & 4760/Del/2019 & 504/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “B” BENCH: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2011-12] Jindal Saw Ltd. vs DCIT, 28, Najafgarh Road, Circle-13(2) New Delhi-110015. (Earlier Addl.CIT Range-4), PAN-AABCS7280C C.R.Building, I.P.Estate, New Delhi-110002. APPELLANT RESPONDENT [Assessment Year : 2011-12] DCIT, vs Jindal Saw Ltd. Circle-13(2), (Formerly known as M/s. Saw Pipes Room No.316A, Ltd.), 28, Najafgarh Road, C.R.Building, New Delhi-110015. New Delhi PAN-…

DCIT Circle-13(2), New Delhi vs. Jindal Saw Ltd., New Delhi

In the result, assessee’s appeal in ITA No

ITA 4760/DEL/2019[2015-16]Status: DisposedITAT Delhi04 Jun 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2011-12] Jindal Saw Ltd. Vs Dcit, 28, Najafgarh Road, Circle-13(2) New Delhi-110015. (Earlier Addl.Cit Range-4), Pan-Aabcs7280C C.R.Building, I.P.Estate, New Delhi-110002. Appellant Respondent [Assessment Year : 2011-12] Dcit, Vs Jindal Saw Ltd. Circle-13(2), (Formerly Known As M/S. Saw Pipes Room No.316A, Ltd.), 28, Najafgarh Road, C.R.Building, New Delhi-110015. New Delhi Pan-Aabcs7280C Appellant Respondent [Assessment Year : 2014-15] Jindal Saw Ltd., Vs Acit, 28, Najafgarh Road, Shivaji Marg, Circle-13(2), New Delhi-110015. New Delhi. Pan-Aabcs7280C Appellant Respondent [Assessment Year : 2015-16] Jindal Saw Ltd. Vs Acit, 28, Najafgarh Road, Circle-13(2) P.O.Ramesh Nagar, C.R.Building, I.P.Estate, New Delhi-110015. New Delhi-110002. Pan-Aabcs7280C Appellant Respondent

Section 143(3)Section 234BSection 43B

…ITA Nos.826 & 1000/Del/2016, 4693 & 4760/Del/2019 & 504/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “B” BENCH: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2011-12] Jindal Saw Ltd. vs DCIT, 28, Najafgarh Road, Circle-13(2) New Delhi-110015. (Earlier Addl.CIT Range-4), PAN-AABCS7280C C.R.Building, I.P.Estate, New Delhi-110002. APPELLANT RESPONDENT [Assessment Year : 2011-12] DCIT, vs Jindal Saw Ltd. Circle-13(2), (Formerly known as M/s. Saw Pipes Room No.316A, Ltd.), 28, Najafgarh Road, C.R.Building, New Delhi-110015. New Delhi PAN-…

Jindal Saw Ltd., New Delhi vs. ACIT Circle-13(2), New Delhi

In the result, assessee’s appeal in ITA No

ITA 4693/DEL/2019[2015-16]Status: DisposedITAT Delhi04 Jun 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2011-12] Jindal Saw Ltd. Vs Dcit, 28, Najafgarh Road, Circle-13(2) New Delhi-110015. (Earlier Addl.Cit Range-4), Pan-Aabcs7280C C.R.Building, I.P.Estate, New Delhi-110002. Appellant Respondent [Assessment Year : 2011-12] Dcit, Vs Jindal Saw Ltd. Circle-13(2), (Formerly Known As M/S. Saw Pipes Room No.316A, Ltd.), 28, Najafgarh Road, C.R.Building, New Delhi-110015. New Delhi Pan-Aabcs7280C Appellant Respondent [Assessment Year : 2014-15] Jindal Saw Ltd., Vs Acit, 28, Najafgarh Road, Shivaji Marg, Circle-13(2), New Delhi-110015. New Delhi. Pan-Aabcs7280C Appellant Respondent [Assessment Year : 2015-16] Jindal Saw Ltd. Vs Acit, 28, Najafgarh Road, Circle-13(2) P.O.Ramesh Nagar, C.R.Building, I.P.Estate, New Delhi-110015. New Delhi-110002. Pan-Aabcs7280C Appellant Respondent

Section 143(3)Section 234BSection 43B

…ITA Nos.826 & 1000/Del/2016, 4693 & 4760/Del/2019 & 504/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “B” BENCH: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2011-12] Jindal Saw Ltd. vs DCIT, 28, Najafgarh Road, Circle-13(2) New Delhi-110015. (Earlier Addl.CIT Range-4), PAN-AABCS7280C C.R.Building, I.P.Estate, New Delhi-110002. APPELLANT RESPONDENT [Assessment Year : 2011-12] DCIT, vs Jindal Saw Ltd. Circle-13(2), (Formerly known as M/s. Saw Pipes Room No.316A, Ltd.), 28, Najafgarh Road, C.R.Building, New Delhi-110015. New Delhi PAN-…

Dy. Commissioner of Income Tax, Circle-2(2), Hyderabad vs. Hsbc Electronic Data Processing India Private Limited, Hyderabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1632/HYD/2017[2010-11]Status: DisposedITAT Hyderabad05 Aug 2024AY 2010-11

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

For Appellant: Shri Rajan Vora, C.AFor Respondent: : Shri Kumar Pranav, CIT-DR
Section 10ASection 115Section 115JSection 251(1)(a)Section 37(1)Section 41(1)

…a direct result of export but from the Bank Deposits etc., and is therefore eligible for 100% deduction." 34. In this regard, the Appellant wishes to place reliance on the decision of Special Bench of Hon'ble Tribunal in case of Maral Overseas Limited [2012] 136 ITD 177 (Indore - Trib.) (SB) (Refer page 699 to 728 of Legal Paper Book) wherein it has been held that the word "derived by an undertaking of the business" in Section 10A and 10B are far wider to include ancillary income as well within its ambit. The relevant findings of the Hon'ble Special Bench is as under: "It is clear from the plain reading of secti…

Brodaways Overseas Limited, Jalandhar vs. Deputy Commissioner of Income Tax, Circle-1, Jalandhar

ITA 123/ASR/2018[2013-14]Status: DisposedITAT Amritsar30 May 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…eceipt for the purpose of computation of exemption u/s 10B. Accordingly, the claim of exemption on DEPB receipt is disallowed.” 6. Your Honour, ITAT, Special Bench Indore in the case of Maral Overseas Ltd. vs. Addl.CIT (2012) 146 TTJ (Ind) (SB) 129 : (2012) 016 ITR (Trib) 565 (Indore) has held that the assessee is eligible for claim of deduction on export incentive received by it in terms of provisions of section 10B(1) read with section 10B(4) of the Income Tax Act, 1961. Relevant para 79 and 80 of the judgment reads thus: “79. Thus, sub-s. (4) of s. 10B stipulated that deduction under that section shall be co…

The Asstt. Commissioner of Income Tax, Jalandhar vs. M/S Broadway Overseas Ltd., Jalandhar

ITA 49/ASR/2016[2011-12]Status: DisposedITAT Amritsar30 May 2023AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…eceipt for the purpose of computation of exemption u/s 10B. Accordingly, the claim of exemption on DEPB receipt is disallowed.” 6. Your Honour, ITAT, Special Bench Indore in the case of Maral Overseas Ltd. vs. Addl.CIT (2012) 146 TTJ (Ind) (SB) 129 : (2012) 016 ITR (Trib) 565 (Indore) has held that the assessee is eligible for claim of deduction on export incentive received by it in terms of provisions of section 10B(1) read with section 10B(4) of the Income Tax Act, 1961. Relevant para 79 and 80 of the judgment reads thus: “79. Thus, sub-s. (4) of s. 10B stipulated that deduction under that section shall be co…

The Asstt. Commissioner of Income Tax, Jalandhar vs. M/S Broadway Overseas Ltd., Jalandhar

ITA 48/ASR/2016[2010-11]Status: DisposedITAT Amritsar30 May 2023AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…eceipt for the purpose of computation of exemption u/s 10B. Accordingly, the claim of exemption on DEPB receipt is disallowed.” 6. Your Honour, ITAT, Special Bench Indore in the case of Maral Overseas Ltd. vs. Addl.CIT (2012) 146 TTJ (Ind) (SB) 129 : (2012) 016 ITR (Trib) 565 (Indore) has held that the assessee is eligible for claim of deduction on export incentive received by it in terms of provisions of section 10B(1) read with section 10B(4) of the Income Tax Act, 1961. Relevant para 79 and 80 of the judgment reads thus: “79. Thus, sub-s. (4) of s. 10B stipulated that deduction under that section shall be co…

The Asstt. Commissioner of Income Tax, Jalandhar vs. M/S Broadway Overseas Ltd., Jalandhar

ITA 47/ASR/2016[2009-10]Status: DisposedITAT Amritsar30 May 2023AY 2009-10

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…eceipt for the purpose of computation of exemption u/s 10B. Accordingly, the claim of exemption on DEPB receipt is disallowed.” 6. Your Honour, ITAT, Special Bench Indore in the case of Maral Overseas Ltd. vs. Addl.CIT (2012) 146 TTJ (Ind) (SB) 129 : (2012) 016 ITR (Trib) 565 (Indore) has held that the assessee is eligible for claim of deduction on export incentive received by it in terms of provisions of section 10B(1) read with section 10B(4) of the Income Tax Act, 1961. Relevant para 79 and 80 of the judgment reads thus: “79. Thus, sub-s. (4) of s. 10B stipulated that deduction under that section shall be co…

The Asstt. Commissioner of Income Tax, Jalandhar vs. M/S Broadway Overseas Ltd., Jalandhar

ITA 46/ASR/2016[2007-08]Status: DisposedITAT Amritsar30 May 2023AY 2007-08

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…eceipt for the purpose of computation of exemption u/s 10B. Accordingly, the claim of exemption on DEPB receipt is disallowed.” 6. Your Honour, ITAT, Special Bench Indore in the case of Maral Overseas Ltd. vs. Addl.CIT (2012) 146 TTJ (Ind) (SB) 129 : (2012) 016 ITR (Trib) 565 (Indore) has held that the assessee is eligible for claim of deduction on export incentive received by it in terms of provisions of section 10B(1) read with section 10B(4) of the Income Tax Act, 1961. Relevant para 79 and 80 of the judgment reads thus: “79. Thus, sub-s. (4) of s. 10B stipulated that deduction under that section shall be co…

The Asstt. Commissioner of Income Tax, Jalandhar vs. M/S Broadways Overseas Ltd, Jalandhar

ITA 345/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 May 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…eceipt for the purpose of computation of exemption u/s 10B. Accordingly, the claim of exemption on DEPB receipt is disallowed.” 6. Your Honour, ITAT, Special Bench Indore in the case of Maral Overseas Ltd. vs. Addl.CIT (2012) 146 TTJ (Ind) (SB) 129 : (2012) 016 ITR (Trib) 565 (Indore) has held that the assessee is eligible for claim of deduction on export incentive received by it in terms of provisions of section 10B(1) read with section 10B(4) of the Income Tax Act, 1961. Relevant para 79 and 80 of the judgment reads thus: “79. Thus, sub-s. (4) of s. 10B stipulated that deduction under that section shall be co…

The Assistant Commissioner of Income Tax, Jalandhar vs. M/S Broadways Overseas Ltd, Jalandhar

ITA 477/ASR/2015[2008-09]Status: DisposedITAT Amritsar30 May 2023AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10BSection 14A

…eceipt for the purpose of computation of exemption u/s 10B. Accordingly, the claim of exemption on DEPB receipt is disallowed.” 6. Your Honour, ITAT, Special Bench Indore in the case of Maral Overseas Ltd. vs. Addl.CIT (2012) 146 TTJ (Ind) (SB) 129 : (2012) 016 ITR (Trib) 565 (Indore) has held that the assessee is eligible for claim of deduction on export incentive received by it in terms of provisions of section 10B(1) read with section 10B(4) of the Income Tax Act, 1961. Relevant para 79 and 80 of the judgment reads thus: “79. Thus, sub-s. (4) of s. 10B stipulated that deduction under that section shall be co…

The ACIT, Circle 2, Bharuch vs. M/S. Jayshree Aromatics Pvt. Ltd., Bharuch

In the result, the grounds of appeal raised by the revenue are dismissed

ITA 2277/AHD/2016[2011-12]Status: DisposedITAT Surat20 Jan 2022AY 2011-12

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) The Assistant Commissioner Jayshree Aromatics Pvt. Ltd., Of Income Tax, Plot No.4703, 4704, 4705/1-4, Vs Circle-2, Bharuch. Gidc Estate, Ankleshwar, Dist. Bharch – 393002. Pan: Aabcj 8258 R Appellant/ Revenue Respondent/ Assessee

Section 10BSection 143(3)Section 254(1)

…reased. The ld.AR for the assessee also relied on the CBDT Circular No.1/2013. To support his submission, the ld.AR of the assessee relied upon the following decisions: i. Patni Computer System Ltd Vs. DCIT – 135ITD 398 (Pune) ii. Maral Overseas Ltd Vs ACIT – 136 ITD 177 (Indore SB) iii. Jayant Agro Organics Ltd, Vs JCIT – ITA No.5439/Mum/2001 iv. Birlasoft (India) Ltd vs. DCIT – (2015) 152 ITD 677 (Del) 10 Jayshree Aromatics Pvt. Ltd., Bharuch v. ITO(OSC) vs. DSM Soft (P) Ltd – 115 TTJ 469 (Chennai) 7. The ld.AR of the assessee further submits that in a various decisions, the Hon’ble Supreme Court and the Hon’bl…

M/S. Kiri Dyes and Chemicals Ltd., Ahmedabad vs. The Asstt. Commissioner of Income Tax, Circle-2(1)(2), Ahmedabad

ITA 1849/AHD/2016[2003-04]Status: DisposedITAT Ahmedabad30 Jul 2021AY 2003-04

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

For Appellant: Shri T.P. Hemani, Sr. Advocate with Shri Parimal Sinh Parmar, A.RFor Respondent: Shri Mohd Usman, C.I.T.D.R with Shri Raj Deep Singh, Sr.D.R
Section 10BSection 143(3)Section 234ASection 80I

…income are business income of the assessee which was duly recorded in the books of account and offered to tax as business income of the eligible undertaking. Accordingly in view of the decision of Special Bench of ITAT in case of Maral Overseas Ltd. vs. ACIT, 136 ITD 177 every income forming part of the business income will be eligible for deduction under section 10B as per the ratio provided therein. 7. However, the learned CIT (A) with respect to the income shown by the assessee for DEPB, duty drawback and DEPB rate difference aggregating to Rs. 2,49,32,201/- held that the above income has already been decided…

The DCIT, (OSD)-1, Circle-4, Ahmedabad vs. Midvalley Healthcare Services Pvt.Ltd., Ahmedabad

In the result, the CO of the assessee is partly allowed

ITA 204/AHD/2013[2008-09]Status: DisposedITAT Ahmedabad11 Mar 2021AY 2008-09

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

For Respondent: Shri Virendra Ojha, CIT. D.R
Section 10BSection 80ISection 92C

…may ultimately ITA No.204/Ahd/2013 with C.O.No.45/Ahd/2015 and 7 others A.Y. 2008-09 27 be referable. The decision relied upon by the appellant i.e. Kadam Exports Pvt. Ltd. vs. ITO bearing ITA No.2890/A/2011 of Ahmedabad Tribunal and Maral Overseas vs. ACIT 136 ITD 177 of Indore Tribunal relate to the exemption u/s 10B on export incentives. These decisions are not in respect of interest income and hence the facts of the case of the appellant are j distinguishable. 9.2.2 There are various decisions of Hon'ble Apex Court wherein it has been held that the interest earned on Fixed deposits is not income derived fro…

Unitedhealth Group Information Services Pvt. Ltd., New Delhi vs. Addl. CIT, Special Range- 9, New Delhi

ITA 6665/DEL/2017[2013-14]Status: DisposedITAT Delhi29 Sept 2020AY 2013-14

Bench: Shri N.K.Billaiya & Shri Kuldip Singh

For Appellant: Shri Nageshwar Rao, AdvFor Respondent: Shri Anupham Kant Garg, CIT-DR
Section 143(3)Section 144CSection 154Section 254Section 92C

…f 2014 (CIT v. XLNC Fashions). While declining to frame a question of law in the Revenue's appeal, this Court inHritnik Exports (P.) Ltd. (supra) quoted with approval the observations of the Special Bench of the ITAT in Maral Overseas Ltd. v. Addl. CIT [2012] 136 ITD 177/20 taxmann.com 346 (Indore) on the interpretation of Section 10B(4) of the Act as under: '79. Thus, sub-section (4) of section 10B stipulated that deduction under that section shall be computed by apportioning the profits of the business of the undertaking in the ratio of turnover to the total turnover. Thus, not- withstanding the fact that sub-…

Assistant Commissioner of Income Tax Circle-2(1)(2), Bangalore vs. M/S Eygbs India Pvt Ltd, Bangalore

In the result, the appeal by the revenue is dismissed

ITA 2984/BANG/2018[2014-15]Status: DisposedITAT Bangalore31 Aug 2020AY 2014-15

Bench: Shri N V Vasudevan & Shri G Manjunathaassessment Year: 2014-15

For Appellant: Shri Priyadarshi Mishra, Jt.CIT(DR)(ITAT), BengaluruFor Respondent: Shri Rajan Vora, Sr. Counsel
Section 10ASection 2(24)Section 92Section 92CSection 92C(4)

…s well within its ambit:- • Hewlett Packard Global Soft Ltd. [2018] 403 ITR 453 (Karnataka) (FB); • Motorola India Electronics (P.) Ltd. [2014] 265 CTR 94 (Karnataka) • Riviera Home Furnishing [2016] 65 taxmann.com 287 (Delhi) • Maral Overseas Limited [2012] 136 ITD 177 (Indore - Trib.) (SB) • Hrithik Exports (P.) Ltd. [IT Appeal No. 219 of 2014, dated 13.11.2014 • Mercer Consulting (India) (P.) Ltd. [2014] 150 ITD 1'(Delhi Trib.) 16. We therefor hold that income offered to tax pursuant to voluntary Transfer Pricing adjustment should be regarded as profits of business for the purpose of computing deduction u/s.…

United Health Group Information Services Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 473/DEL/2016[2011-12]Status: DisposedITAT Delhi25 Aug 2020AY 2011-12

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2011-12 Optum Global Solutions (India) Vs Dcit, Private Limited Circle-27(1), (Formerly Known As United Health Cr Building, Group Information Services Pvt. New Delhi. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q Assessment Year: 2011-12 Dcit, Vs Optum Global Solutions (India) Circle-27(1), Private Limited Cr Building, (Formerly Known As United Health New Delhi Group Information Services Pvt. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao & Shri S. Chakraborty, Advocates Revenue By : Shri Anupam Kant Garg, Cit, Dr Date Of Hearing : 16.06.2020 Date Of Pronouncement : 25.08.2020

For Appellant: Shri Nageshwar Rao &For Respondent: Shri Anupam Kant Garg, CIT, DR
Section 10ASection 115JSection 143(3)Section 144C

…f 2014 (CIT v. XLNC Fashions). While declining to frame a question of law in the Revenue's appeal, this Court inHritnik Exports (P.) Ltd. (supra) quoted with approval the observations of the Special Bench of the ITAT in Maral Overseas Ltd. v. Addl. CIT [2012] 136 ITD 177/20 taxmann.com 346 (Indore) on the interpretation of Section 10B(4) of the Act as under: '79. Thus, sub-section (4) of section 10B stipulated that deduction under that section shall be computed by apportioning the profits of the business of the undertaking in the ratio of turnover to the total turnover. Thus, not- withstanding the fact that sub-s…

Maral Overseas Ltd. v. ACIT (136 ITD 177) — Cited in 46 Judgments | BharatTax