Nirma Industries Ltd. v. DCIT

Yum Restaurants Marketing Pvt Ltd vs. ITO Ward 18 (4)

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…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,…

M/S. Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, New Delhi

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…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,…

M/S. Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, New Delhi

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…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,…

ITO, New Delhi vs. M/S. Yum Restaurant Marketing Pvt. Ltd., Gurgaon

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…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,…

M/S. Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, New Delhi

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…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,…

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

Bench: Shri R.K. Panda & Shri Kuldip Singh

…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…

M/S Nhpc Ltd., Faridabad vs. Addl. CIT, New Delhi

Bench: Shri R.K. Panda & Shri Kuldip Singh

…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…

Nhpc Ltd., Faridabad vs. ACIT, Faridabad

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

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 3650/Del/2015 : Asstt. Year : 2010-11 Dy. Commissioner Of Income Vs M/S Nhpc Ltd., Tax, Circle-Ii, Nhpc Complex, Sector-33, Faridabad Faridabad (Appellant) (Respondent) Pan No. Aaacn0149C Ita No. 3738/Del/2015 : Asstt. Year : 2010-11 M/S Nhpc Ltd., Vs Asstt. Commissioner Of Income Nhpc Complex, 4Th Floor, Tax, Circle-Ii, Finance Div, Sector-33, Faridabad Faridabad-121003 (Appellant) (Respondent) Pan No. Aaacn0149C Assessee By : Sh. Ved Jain, Adv. & Sh. Himanshu Aggarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing : 06.05.2019 Date Of Pronouncement : 08.05.2019 Order Per N. S. Saini:

…communication 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 t…

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

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

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 3650/Del/2015 : Asstt. Year : 2010-11 Dy. Commissioner Of Income Vs M/S Nhpc Ltd., Tax, Circle-Ii, Nhpc Complex, Sector-33, Faridabad Faridabad (Appellant) (Respondent) Pan No. Aaacn0149C Ita No. 3738/Del/2015 : Asstt. Year : 2010-11 M/S Nhpc Ltd., Vs Asstt. Commissioner Of Income Nhpc Complex, 4Th Floor, Tax, Circle-Ii, Finance Div, Sector-33, Faridabad Faridabad-121003 (Appellant) (Respondent) Pan No. Aaacn0149C Assessee By : Sh. Ved Jain, Adv. & Sh. Himanshu Aggarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing : 06.05.2019 Date Of Pronouncement : 08.05.2019 Order Per N. S. Saini:

…communication 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 t…

Pr. Commissioner of Income Tax-09 vs. M/S Vodafone Mobile Services Ltd

Appeals are dismissed, without any order as to costs

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

…rendering telecommunication services. I am, therefore, inclined to agree with the submissions made by the appellant. The appellant has rightly relied on the decision of jurisdictional Gujarat High Court in the case of Nirma Industries Limited Vs. DCIT [283 ITR 402]. It was held that interest charged on late payment by customers are in the nature of trading receipt and hence eligible for the deduction under section 80IA of the Act. The nature of charges received by the appellant are similar to the charges in the Nirma‟s case, Accordingly, it is held that the income, in respect of Late payment charge…

Pr. Commissioner of Income Tax-09 vs. M/S Vodafone Mobile Services Ltd

Appeals are dismissed, without any order as to costs

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

…rendering telecommunication services. I am, therefore, inclined to agree with the submissions made by the appellant. The appellant has rightly relied on the decision of jurisdictional Gujarat High Court in the case of Nirma Industries Limited Vs. DCIT [283 ITR 402]. It was held that interest charged on late payment by customers are in the nature of trading receipt and hence eligible for the deduction under section 80IA of the Act. The nature of charges received by the appellant are similar to the charges in the Nirma‟s case, Accordingly, it is held that the income, in respect of Late payment charge…