Nirma Industries Ltd. v. DCIT

283 ITR 402High Court2006#752 most cited

What is Nirma Industries Ltd. v. DCIT authority for?

Interest received on delayed payments for sales is considered part of the sale proceeds and is eligible for deduction under Section 80-IA as business income.

136

judgments rely on this decision, according to BharatTax’s citation analysis of 367,854 Indian tax judgments — from 2009 to 2025.

Also referred to as

Nirma Industries Ltd · DCIT · 283 ITR 402 · interest on delayed payment · sale proceeds · business income · Section 80-IA deduction

Also reported as

94 ITD 187

Sections most often in play

Section 143(3)Section 154Section 271(1)(c)Section 36(1)(iii)Section 43CASection 50CSection 48Section 80-I

Issues it is cited on

section 2(7)section 120(4)(b)section 120(1)section 40(1)section 80iabsection 3asection 2(7a)section 262section 163section 160section 153(3)section 115ja

Judgments citing Nirma Industries Ltd. v. DCIT

DCIT, Circle-1(1)(1), Ahmedabad vs. Aquafil Polymers Co. Pvt. Ltd., Ahmedabad

ITA 542/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad10 Jun 2022AY 2013-14
For Appellant: Smt. Urvashi Shodhan, A.RFor Respondent: Shri Alpesh Parmar, Sr. D.R
Section 250(6)Section 80I

…siness activities of the assessee and assessable as Income from Business and Profession ,it was eligible to deduction u/s 80-IA of the Act. The Hon’ble Court held the issue to be covered by its earlier decision in the case of Nirma Industries Ltd. DCIT (2006) 283 ITR 402 (Guj). The facts in the present case before us are on identical lines wherein the FD’s earning interest were required to be made by the banks for issuing Bank Guarantees and Performance Guarantees to the assessee which was a necessary prerequisite as per the terms of the tender issued awarding projects to it. The interest income earned on these F…

Aqualfil Polymers Co. Pvt. Ltd., Ahmedabad vs. The Dy.Commissioner of Income Tax Circle-1(1)(1), Ahmedabad

ITA 448/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad10 Jun 2022AY 2013-14
For Appellant: Smt. Urvashi Shodhan, A.RFor Respondent: Shri Alpesh Parmar, Sr. D.R
Section 250(6)Section 80I

…siness activities of the assessee and assessable as Income from Business and Profession ,it was eligible to deduction u/s 80-IA of the Act. The Hon’ble Court held the issue to be covered by its earlier decision in the case of Nirma Industries Ltd. DCIT (2006) 283 ITR 402 (Guj). The facts in the present case before us are on identical lines wherein the FD’s earning interest were required to be made by the banks for issuing Bank Guarantees and Performance Guarantees to the assessee which was a necessary prerequisite as per the terms of the tender issued awarding projects to it. The interest income earned on these F…

Zeta Interactive Systems (India) Private Limited, Hyderabad vs. Income Tax Officer, Ward-17(4), Hyderabad

Appeal of the assessee is partly allowed

ITA 1812/HYD/2017[2011-13]Status: DisposedITAT Hyderabad07 Jun 2022AY 2011-13

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12

For Appellant: Sri P.V.S.S. PrasadFor Respondent: Sri T. Sunil Goutam, DR

…ITA No 1812 of 2017 Zeta Interactive Systems India P Ltd Hyderabad IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Assessment Year: 2011-12 Zeta Interactive Systems Vs. Income Tax Officer (India) Pvt. Ltd, Hyderabad Ward 17(4) PAN:AAACZ2688N Hyderabad (Appellant) (Respondent) Assessee by: Sri P.V.S.S. Prasad Revenue by: Sri T. Sunil Goutam, DR Date of hearing: 01/06/2022 Date of pronouncement: 07/06/2022 ORDER Per Laliet Kumar, J.M. This is assessee’s appeal for the A.Y 2011-12 against the order of the C…

The ACIT, Circle-5, Ahmedabad vs. M/S. Reckitt Benckiser Healthcare India Ltd., Haryana

In the result, both the appeals of the revenue are dismissed

ITA 1780/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2010-11

Bench: Us, The Revenue Has Raised Following Grounds Of Appeal:- “1. The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Disallowance Of Rs. 21,56,490/- Made On Account Of Product Registration Expense & Not Considering The Findings Of The Ao. 2. The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs.30,08,17,258/- Made On Account Of Reduction Of The Claim U/S. 80Ic Of The Act.

For Appellant: Shri Dhinal Shah, A.RFor Respondent: Shri Anshu Prakash, CIT-D.R
Section 40Section 80I

…ficer in the assessment order. In response thereto, the ld. Authorized Representative of the assessee placed reliance on the decisions of Hon’ble Gujarat High Court in the cases of Shreeram Multi-Tech Ltd. (22 taxman.com 194) & Nirma Industries Ltd. Vs. DCIT (283 ITR 402). 14. We have heard the rival contentions and perused the material on record. We observed that the Calcutta High Court in the case of Reckitt Benckiser Healthcare (I) Ltd. reported in 56 taxmann.com 415 has held that profits and gains from scraps resulting in manufacturing process were eligible for deduction u/s. 80IC. Again, the Gujarat High Co…

The Addl.CIT, Range-5, Ahmedabad vs. M/S. Reckitt Benckiser Healthcare India Ltd., Haryana

In the result, both the appeals of the revenue are dismissed

ITA 1366/AHD/2015[2009-10]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2009-10

Bench: Us, The Revenue Has Raised Following Grounds Of Appeal:- “1. The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Disallowance Of Rs. 21,56,490/- Made On Account Of Product Registration Expense & Not Considering The Findings Of The Ao. 2. The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs.30,08,17,258/- Made On Account Of Reduction Of The Claim U/S. 80Ic Of The Act.

For Appellant: Shri Dhinal Shah, A.RFor Respondent: Shri Anshu Prakash, CIT-D.R
Section 40Section 80I

…ficer in the assessment order. In response thereto, the ld. Authorized Representative of the assessee placed reliance on the decisions of Hon’ble Gujarat High Court in the cases of Shreeram Multi-Tech Ltd. (22 taxman.com 194) & Nirma Industries Ltd. Vs. DCIT (283 ITR 402). 14. We have heard the rival contentions and perused the material on record. We observed that the Calcutta High Court in the case of Reckitt Benckiser Healthcare (I) Ltd. reported in 56 taxmann.com 415 has held that profits and gains from scraps resulting in manufacturing process were eligible for deduction u/s. 80IC. Again, the Gujarat High Co…

Enviro Technology Ltd., Ankleshwar vs. The Assistant Commissioner of Income Tax, Bharuch Circle-2, Bharuch

ITA 1472/AHD/2017[2007-08]Status: DisposedITAT Surat28 Feb 2022AY 2007-08

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

Section 143(1)Section 143(3)Section 147Section 148Section 234BSection 234B(3)Section 234DSection 234D(1)Section 254(1)Section 80I

…d.CIT(A) and was further examined by the Tribunal. To support his submissions, the ld. Senior .Counsel of the assessee relied upon the decision of Gujarat High Court in CIT Vs Nirma Chemical Works P. Ltd. (182 Taxman 183) /309 ITR 67, Nirma Industries Limited 283 ITR 402 (Guj) 155 taxmann 330 (Guj), decision of Hon’ble Supreme Court in Kolkata Discount Company Limited 41 ITR 191 (SC) and in CIT Vs Kelvinator of India Limited 320 ITR 561 (SC). 9. On merit, the ld. Senior Counsel for the Assessee submits that all the grounds of appeal raised by the assessee is covered in favour of assessee by the decision of Tribun…

Bharuch Enviro Infrastructure Ltd., Ankleshwar vs. Dy. Commissioner of Income Tax, Bharuch

ITA 499/AHD/2015[2006-07]Status: DisposedITAT Surat28 Feb 2022AY 2006-07

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

Section 143(1)Section 143(3)Section 147Section 148Section 234BSection 234B(3)Section 234DSection 234D(1)Section 254(1)Section 80I

…d.CIT(A) and was further examined by the Tribunal. To support his submissions, the ld. Senior .Counsel of the assessee relied upon the decision of Gujarat High Court in CIT Vs Nirma Chemical Works P. Ltd. (182 Taxman 183) /309 ITR 67, Nirma Industries Limited 283 ITR 402 (Guj) 155 taxmann 330 (Guj), decision of Hon’ble Supreme Court in Kolkata Discount Company Limited 41 ITR 191 (SC) and in CIT Vs Kelvinator of India Limited 320 ITR 561 (SC). 9. On merit, the ld. Senior Counsel for the Assessee submits that all the grounds of appeal raised by the assessee is covered in favour of assessee by the decision of Tribun…

Enviro Technology Limited, Ankleshwar vs. The ACIT., Bharuch Circle, Bharuch

ITA 2017/AHD/2014[2007-08]Status: DisposedITAT Surat28 Feb 2022AY 2007-08

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

Section 143(1)Section 143(3)Section 147Section 148Section 234BSection 234B(3)Section 234DSection 234D(1)Section 254(1)Section 80I

…d.CIT(A) and was further examined by the Tribunal. To support his submissions, the ld. Senior .Counsel of the assessee relied upon the decision of Gujarat High Court in CIT Vs Nirma Chemical Works P. Ltd. (182 Taxman 183) /309 ITR 67, Nirma Industries Limited 283 ITR 402 (Guj) 155 taxmann 330 (Guj), decision of Hon’ble Supreme Court in Kolkata Discount Company Limited 41 ITR 191 (SC) and in CIT Vs Kelvinator of India Limited 320 ITR 561 (SC). 9. On merit, the ld. Senior Counsel for the Assessee submits that all the grounds of appeal raised by the assessee is covered in favour of assessee by the decision of Tribun…

Nhpc Ltd, Faridabad vs. DCIT, Circle-II, Faridabad

In the result, the appeal of the assessee is allowed

ITA 1803/DEL/2018[2014-15]Status: DisposedITAT Delhi15 Feb 2022AY 2014-15

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 1803/Del/2018 : Asstt. Year : 2014-15 Nhpc Ltd., Vs Dcit, Nhpc Office Complex, 4Th Floor, Circle-Ii, Finance Division, Sector-33, Faridabad Faridabad-121003 (Appellant) (Respondent) Pan No. Aaacn0149C Assessee By : Sh. Ved Jain, Adv. Revenue By : Sh. M. N. Shete, Sr. Dr Date Of Hearing: 23.11.2021 Date Of Pronouncement: 15.02.2022

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. M. N. Shete, Sr. DR
Section 80I

…ommunication services, deduction in respect of the above items in terms of Section 80IA(2A) are unsustainable in law and have rightly been reversed by the IT AT.” 49. Further, the Hon’ble Gujarat High Court in the case of Nirma Industries Ltd. Vs DCIT (2006) 283 ITR 402 has held as under: "27. Insofar as question No. 2 is concerned, according to the Tribunal s. 80-I of the Act uses the phrase 'derived from’ and hence the interest received by the assessee from its trade debtors cannot be taken into consideration for the purpose of computing profits derived from an industrial undertaking. The Tribunal has failed…

Torrent Power Ltd., Ahmedabad vs. The ACIT., Range-8, Ahmedabad

In the result cross objection filed by the assessee is partly allowed for statistical purposes

ITA 776/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad08 Dec 2021AY 2008-09

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri S.N. Soparkar, Sr. AdvocateFor Respondent: Shri Vinod Tanwani, CIT.D.R
Section 143(3)Section 254

…r deduction under section 80-IA of the Act. 54. Aggrieved assessee preferred an appeal to the learned CIT (A). 54.1 The assessee before the learned CIT (A) submitted that that the Hon’ble jurisdictional High Court in the case of Nirma Industries reported in 283 ITR 402 in the context of the provisions of section 80-I of the Act has held that the interest received on delayed payment is part and parcel of the sale proceeds. Accordingly the assessee contended that such amount of interest on the delay payment should be eligible for deduction under section 80-IA of the Act. 55. The learned CIT (A) agreed with the c…

DCIT, Faridabad vs. M/S. Nhpc Ltd., Faridabad

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 5211/DEL/2016[2013-14]Status: DisposedITAT Delhi17 Feb 2021AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh. Sudhanshu Srivastava(Through Video Conferencing) Assessment Year: 2013-14 Dy. Cit, Vs. M/S. Nhpc Ltd., Circle-Ii, Faridabad. Nhpc Comples, Sector-33, Faridabad. Pan No. Aaacn 0149 C (Appellant) (Respondent) Assessment Year: 2013-14 Sr. Manager(Fin)- Tax, Vs. Acit Nhpc Ltd., Circle – Ii, Nhpc Office Comples, Faridabad 4Th Floor, Finance Division Sector – 33, Faridabad-121003 (Appellant) (Respondent) Appellant By Shri Pramita M. Biswas, Cit-Dr Respondent By Shri Ved Jain, Adv. Shri Ashish Goel, C.A. Date Of Hearing: 08/02/2021 Date Of Pronouncement: 17/02/2021 Order Per Anil Chaturvedi, Am: These Cross Appeals Filed By The Revenue & Assessee Are Directed Against The Order Of The Commissioner Of Income Tax (A)-

Section 115JSection 143(3)Section 14ASection 80

…Section 80IA(2A) are unsustainable in law and have rightly been reversed by the IT AT." ITA Nos.5211 & 5106/Del/2016 M/s. NHPC Ltd.(cross appeals) A.Y. 2013-14 10 49. Further, the Hon'ble Gujarat High Court in the case of Nirma Industries Ltd. Vs DCIT (2006) 283 ITR 402 has held as under: "27. Insofar as question No. 2 is concerned, according to the Tribunal s. 80-I of the Act uses the phrase 'derived from' and hence the interest received by the assessee from its trade debtors cannot be taken into consideration for the purpose of computing profits derived from an industrial undertaking. The Tribunal has failed t…

Sr. Manager(Fin)--Tax, Nhpc Ltd., Faridabad vs. ACIT, Faridabad

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 5106/DEL/2016[2013-14]Status: DisposedITAT Delhi17 Feb 2021AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh. Sudhanshu Srivastava(Through Video Conferencing) Assessment Year: 2013-14 Dy. Cit, Vs. M/S. Nhpc Ltd., Circle-Ii, Faridabad. Nhpc Comples, Sector-33, Faridabad. Pan No. Aaacn 0149 C (Appellant) (Respondent) Assessment Year: 2013-14 Sr. Manager(Fin)- Tax, Vs. Acit Nhpc Ltd., Circle – Ii, Nhpc Office Comples, Faridabad 4Th Floor, Finance Division Sector – 33, Faridabad-121003 (Appellant) (Respondent) Appellant By Shri Pramita M. Biswas, Cit-Dr Respondent By Shri Ved Jain, Adv. Shri Ashish Goel, C.A. Date Of Hearing: 08/02/2021 Date Of Pronouncement: 17/02/2021 Order Per Anil Chaturvedi, Am: These Cross Appeals Filed By The Revenue & Assessee Are Directed Against The Order Of The Commissioner Of Income Tax (A)-

Section 115JSection 143(3)Section 14ASection 80

…Section 80IA(2A) are unsustainable in law and have rightly been reversed by the IT AT." ITA Nos.5211 & 5106/Del/2016 M/s. NHPC Ltd.(cross appeals) A.Y. 2013-14 10 49. Further, the Hon'ble Gujarat High Court in the case of Nirma Industries Ltd. Vs DCIT (2006) 283 ITR 402 has held as under: "27. Insofar as question No. 2 is concerned, according to the Tribunal s. 80-I of the Act uses the phrase 'derived from' and hence the interest received by the assessee from its trade debtors cannot be taken into consideration for the purpose of computing profits derived from an industrial undertaking. The Tribunal has failed t…

Essar Investments Ltd, Mumbai vs. ACIT 6(2)(2), Mumbai

In the result, additional ground No

ITA 1942/MUM/2015[2010-11]Status: DisposedITAT Mumbai08 Jan 2021AY 2010-11

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year: 2010-11

For Appellant: Shri Nishant Thakkar, A.RFor Respondent: Shri Sunil Deshpande, D.R
Section 143(3)Section 144C(13)Section 43BSection 92BSection 92C(2)

…. (1TA No. 341 of 2017) and hence, the Judgment of the High Court is the only operative decision on this point and is binding on the Tribunal. In this regard, the Appellant relies on the Judgment of Gujrat High Court in case of Nirma Industries Ltd. vs. DCIT (283 ITR 402) (Guj.) wherein High Court has held that dismissal of appeal results into merger of the order of the Tribunal with the order of High Court and is binding on the Tribunal. In view of the above, it is clear that it is not necessary that in all cases provisions of bench marking contained in Chapter X of the Act must be made applicable simply because…

Vedanta Ltd, Gurgaon vs. ACIT, Circle- 26(2), New Delhi

ITA 12/DEL/2020[2014-15]Status: FixedITAT Delhi18 Sept 2020AY 2014-15

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2014-15]

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Anupam Kant Garg, CIT-DR
Section 143(3)Section 153

…and order of the High Court and it becomes binding precedent even though approval to decision of lower forum/court is summarily recorded. Similar situation had arisen for consideration before the Hon'ble Gujarat High Court in the case of Nirma Industries Ltd. 283 ITR 402 wherein the effects of summary disposal of appeal by the High Court were analysed and explained by their Lordships. It was clarified that while hearing an appeal even for deciding whether substantial question of law arises or not from the order of the Tribunal, the High Court does not exercise either the original jurisdiction or the jurisdiction…

ACIT (Ltu), New Delhi vs. M/S Havells India Ltd., New Delhi

In the result, appeal of the assessee is partly allowed

ITA 466/DEL/2011[2007-08]Status: DisposedITAT Delhi25 Aug 2020AY 2007-08

Bench: Shri Amit Shukla & Shri Prashant Maharishihavells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Circle-12(1), Civil Lines, New Delhi Cr Building Ip Estate, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Havells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Ltu, Nbcc Plaza, Civil Lines, New Delhi Pusp Vihar, Sector-4, Saket, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Acit (Ltu), Vs. Havells India Ltd, Nbcc Plaza, Pusp Vihar, Sector- 1/7 Ram Kishore Road, 4, Saket, New Delhi Civil Lines, New Delhi Pan: Aaach0351E (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri Saras Kumar, Sr. DR
Section 143(3)Section 144ASection 14ASection 80H

…s assessable as profits and gains from business for computing deduction under Chapter VI-A of the Act: i. CIT v. Govinda Choudhury and Sons.: 203 ITR 881 (SC) ii. CIT vs. Jindal Polyester And Steel Ltd.: 221 Taxman 30 (All) iii. Nirma Industries Ltd. v. DCIT: 283 ITR 402 (Guj) (SLP dismissed/rejected): CIT v. Madras Motors Ltd: 257 ITR 60 (Mad): 80HH and 80I iv. CIT v. Rane (Madras) Ltd.: 238 ITR 377 (Mad): 80I v. vi. CIT v. Indo Matsushita Carbon Co. Ltd.: 286 ITR 201 (Mad): 80HH Tata Sponge Iron Ltd. v. CIT: 292 ITR 175 (Orissa): 80HH vii. viii. JCIT v. Sidheshwari Paper Udyog Ltd.: 94 ITD 187 (Del. Trib.)…

M/S Havells India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 6073/DEL/2010[2007-08]Status: DisposedITAT Delhi25 Aug 2020AY 2007-08

Bench: Shri Amit Shukla & Shri Prashant Maharishihavells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Circle-12(1), Civil Lines, New Delhi Cr Building Ip Estate, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Havells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Ltu, Nbcc Plaza, Civil Lines, New Delhi Pusp Vihar, Sector-4, Saket, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Acit (Ltu), Vs. Havells India Ltd, Nbcc Plaza, Pusp Vihar, Sector- 1/7 Ram Kishore Road, 4, Saket, New Delhi Civil Lines, New Delhi Pan: Aaach0351E (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri Saras Kumar, Sr. DR
Section 143(3)Section 144ASection 14ASection 80H

…s assessable as profits and gains from business for computing deduction under Chapter VI-A of the Act: i. CIT v. Govinda Choudhury and Sons.: 203 ITR 881 (SC) ii. CIT vs. Jindal Polyester And Steel Ltd.: 221 Taxman 30 (All) iii. Nirma Industries Ltd. v. DCIT: 283 ITR 402 (Guj) (SLP dismissed/rejected): CIT v. Madras Motors Ltd: 257 ITR 60 (Mad): 80HH and 80I iv. CIT v. Rane (Madras) Ltd.: 238 ITR 377 (Mad): 80I v. vi. CIT v. Indo Matsushita Carbon Co. Ltd.: 286 ITR 201 (Mad): 80HH Tata Sponge Iron Ltd. v. CIT: 292 ITR 175 (Orissa): 80HH vii. viii. JCIT v. Sidheshwari Paper Udyog Ltd.: 94 ITD 187 (Del. Trib.)…

M/S Havells India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 6072/DEL/2010[2004-05]Status: DisposedITAT Delhi25 Aug 2020AY 2004-05

Bench: Shri Amit Shukla & Shri Prashant Maharishihavells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Circle-12(1), Civil Lines, New Delhi Cr Building Ip Estate, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Havells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Ltu, Nbcc Plaza, Civil Lines, New Delhi Pusp Vihar, Sector-4, Saket, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Acit (Ltu), Vs. Havells India Ltd, Nbcc Plaza, Pusp Vihar, Sector- 1/7 Ram Kishore Road, 4, Saket, New Delhi Civil Lines, New Delhi Pan: Aaach0351E (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri Saras Kumar, Sr. DR
Section 143(3)Section 144ASection 14ASection 80H

…s assessable as profits and gains from business for computing deduction under Chapter VI-A of the Act: i. CIT v. Govinda Choudhury and Sons.: 203 ITR 881 (SC) ii. CIT vs. Jindal Polyester And Steel Ltd.: 221 Taxman 30 (All) iii. Nirma Industries Ltd. v. DCIT: 283 ITR 402 (Guj) (SLP dismissed/rejected): CIT v. Madras Motors Ltd: 257 ITR 60 (Mad): 80HH and 80I iv. CIT v. Rane (Madras) Ltd.: 238 ITR 377 (Mad): 80I v. vi. CIT v. Indo Matsushita Carbon Co. Ltd.: 286 ITR 201 (Mad): 80HH Tata Sponge Iron Ltd. v. CIT: 292 ITR 175 (Orissa): 80HH vii. viii. JCIT v. Sidheshwari Paper Udyog Ltd.: 94 ITD 187 (Del. Trib.)…

DCIT, Circle - 6(1), Kolkata vs. M/S. Cfl Capital Financial Services Ltd., Kolkata

In the result, the appeal of the revenue is allowed

ITA 2110/KOL/2018[2002-03]Status: DisposedITAT Kolkata12 Jun 2020AY 2002-03

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2110/Kol/2018 ("नधा"रणवष" / Assessment Year: 2002-03)

For Appellant: Shri Ram Bilash Meena, CITFor Respondent: None
Section 147Section 260ASection 36(1)(vii)Section 36(1)(viia)

…ppeals filed by the Revenue u/s 260A. The Tribunal also considered the issue of binding precedent of the decision of the jurisdictional Calcutta High Court in light of the decision rendered by the Gujrat High Court in the case of Nirma Industries Ltd. vs. CIT 283 ITR 402. After considering the issue from all angles, the Tribunal finally upheld the order of the ld. CIT(A) deleting the disallowance on account of provision for NPA and dismissed the ground of the revenue. A copy of the said order of the Tribunal is also enclosed for your kind perusal and ready reference. 5.3.3 The ACIT A.O has referred to the decisio…

Symphony Ltd., Ahmedabad vs. The Dy. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

In the result, appeal filed by the assessee

ITA 1057/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad20 Sept 2019AY 2012-13
For Appellant: Shri Bharat Shah, ARFor Respondent: Smt. Vinod Tanwani, CIT- DR
Section 115JSection 143(3)Section 145ASection 14ASection 68Section 92C

…sion of Ahmedabad Bench of this Tribunal in the case of Micro Inks Limited Vs. ACIT, [2016] 157 ITD 132 (Ahmedabad - Trib.), wherein, after taking into account Hon’ble jurisdictional High Court’s judgment in the case of Nirma Industries Ltd. Vs.. DCIT, [2006] 283 ITR 402 and the Hon’ble Delhi High Court’s judgement in the case of Sony Ericsson Mobile Corpn. (P.) Ltd. v. CIT, [2015] 374 ITR 118, the Coordinate bench has, inter alia, observed as under:- Symphony Ltd. For AY 2012-13 8 “5. We find that this issue is covered, in favour of the assessee, by a decision of the coordinate bench in assessee's own case for…

Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, Ward- 27(4), New Delhi

ITA 2561/DEL/2018[2013-14]Status: DisposedITAT Delhi09 Sept 2019AY 2013-14

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Shri J. K. Mishra, CIT DR

…by the Appellant from the franchisees towards advertising contributions are diverted at source by overriding title for being spent on advertisement, and 5. Relying upon the decision of the honourable Gujarat High Court in case of Nirma Industries Ltd Vs DCIT 283 ITR 402 and the decision of special bench of the tribunal in Medicare investment Ltd vs JCIT 304 ITR (AT) 44, coordinate bench noted that the above ground was not found to have been ―not pressed‖, non-disposal of the said ground amounts to a mistake Yum! Restaurants Marketing Pvt. Ltd, Vs Income tax Officer AY 2001-02, 2002-03,2003-04,2006-07, 2008-09,…