Pandian Chemicals Ltd. v. CIT

262 ITR 278Supreme Court of India2003#217 most cited

What is Pandian Chemicals Ltd. v. CIT authority for?

Income eligible for deduction under Section 80IA or 80IC must have a direct nexus with the eligible business activity of the industrial undertaking. Income merely incidental to the business, even if part of the assessee's overall business, is not considered "derived from" the eligible undertaking.

353

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2007 to 2026.

Also referred to as

Pandian Chemicals Ltd. v. CIT · 262 ITR 278 · Section 80IA deduction · Section 80IC deduction · income derived from · direct nexus · incidental income · eligible business activity · profits derived from industrial undertaking · statutory interpretation

Also reported as

129 Taxmann 539

Sections most often in play

Section 1961Section 143(3)Section 250Section 148Section 115JBSection 147Section 14ASection 263

Issues it is cited on

section 274(2)casus omissussection 80hinitial assessment yearsection 80hheligible businesssection 144badeduction under section 80iasection 80hhcsection 144asection 158bcsection 80ib

Judgments citing Pandian Chemicals Ltd. v. CIT

Laxmi Civil Engineering Services Pvt.Ltd., Kolhapur vs. Assistant Commissioner of Income Tax

In the result, the appeal filed by the assessee in ITA

ITA 2589/PUN/2016[2013-14]Status: DisposedITAT Pune21 Jun 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.2588 & 2589/Pun/2016 िनधा"रण वष" / Assessment Years: 2012-13 & 2013-14 Laxmi Civil Engineering Vs. Acit (Central) Circle, Services Pvt. Ltd., Kolhapur. 1148 E, Sykes Extension, Kolhapur- 416001. Pan : Aaacl5602N Appellant Respondent Assessee By : Shri S. N. Puranik Revenue By : Shri Shivraj B Morey Date Of Hearing : 31.05.2022 Date Of Pronouncement : 21.06.2022 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income Tax (Appeals)- 11, Pune [‘The Cit(A)’] Dated 09.08.2016 For The Assessment Years 2012-13 & 2013-14. 2. Since The Identical Facts & Issues Are Involved In The Above Captioned Two Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.2588/Pun/2016 For The Assessment Year 2012-13 Are Stated Herein.

For Appellant: Shri S. N. PuranikFor Respondent: Shri Shivraj B Morey
Section 143(3)Section 14ASection 37(1)Section 80I

…rprise from any business referred to in sub-section (4), such business being hereinafter referred to as the eligible business”. The expression “derive” had come for interpretation before the Hon’ble Supreme Court in the case of Pandian Chemicals Ltd. vs. CIT, 262 ITR 278 (SC) in the context of the provisions of section 80HH, wherein the Hon’ble Supreme Court held as follows : “It is clear that the words 'derived from' in section 80HH must be understood as something which has direct or immediate nexus with an industrial undertaking. Although electricity may be required for the purposes of the industrial undertakin…

Laxmi Civil Engineering Services Pvt.Ltd., Kolhapur vs. Assistant Commissioner of Income Tax

In the result, the appeal filed by the assessee in ITA

ITA 2588/PUN/2016[2012-13]Status: DisposedITAT Pune21 Jun 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.2588 & 2589/Pun/2016 िनधा"रण वष" / Assessment Years: 2012-13 & 2013-14 Laxmi Civil Engineering Vs. Acit (Central) Circle, Services Pvt. Ltd., Kolhapur. 1148 E, Sykes Extension, Kolhapur- 416001. Pan : Aaacl5602N Appellant Respondent Assessee By : Shri S. N. Puranik Revenue By : Shri Shivraj B Morey Date Of Hearing : 31.05.2022 Date Of Pronouncement : 21.06.2022 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income Tax (Appeals)- 11, Pune [‘The Cit(A)’] Dated 09.08.2016 For The Assessment Years 2012-13 & 2013-14. 2. Since The Identical Facts & Issues Are Involved In The Above Captioned Two Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.2588/Pun/2016 For The Assessment Year 2012-13 Are Stated Herein.

For Appellant: Shri S. N. PuranikFor Respondent: Shri Shivraj B Morey
Section 143(3)Section 14ASection 37(1)Section 80I

…rprise from any business referred to in sub-section (4), such business being hereinafter referred to as the eligible business”. The expression “derive” had come for interpretation before the Hon’ble Supreme Court in the case of Pandian Chemicals Ltd. vs. CIT, 262 ITR 278 (SC) in the context of the provisions of section 80HH, wherein the Hon’ble Supreme Court held as follows : “It is clear that the words 'derived from' in section 80HH must be understood as something which has direct or immediate nexus with an industrial undertaking. Although electricity may be required for the purposes of the industrial undertakin…

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

In the result, appeal of the assessee is allowed

ITA 1474/AHD/2017[2009-10]Status: DisposedITAT Surat08 Jun 2022AY 2009-10

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

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

In the result, appeal of the assessee is allowed

ITA 1473/AHD/2017[2008-09]Status: DisposedITAT Surat08 Jun 2022AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

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

In the result, appeal of the assessee is allowed

ITA 1471/AHD/2017[2013-14]Status: DisposedITAT Surat08 Jun 2022AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

Enviro Technology Ltd., Ankleshwar vs. The Additional Commissioner of Income Tax, Bharuch Circle, Bharuch

In the result, appeal of the assessee is allowed

ITA 1845/AHD/2016[2012-13]Status: DisposedITAT Surat08 Jun 2022AY 2012-13

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

Enviro Technology Ltd., Ankleshwar vs. Asstt. Commissioner of Income Tax., Bharuch

In the result, appeal of the assessee is allowed

ITA 498/AHD/2015[2011-12]Status: DisposedITAT Surat08 Jun 2022AY 2011-12

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

Enviro Technology Ltd., Ankleshwar vs. Asstt. Commissioner of Income Tax, Bharuch

In the result, appeal of the assessee is allowed

ITA 497/AHD/2015[2010-11]Status: DisposedITAT Surat08 Jun 2022AY 2010-11

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

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

In the result, appeal of the assessee is allowed

ITA 2019/AHD/2014[2009-10]Status: DisposedITAT Surat08 Jun 2022AY 2009-10

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

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

In the result, appeal of the assessee is allowed

ITA 2018/AHD/2014[2008-09]Status: DisposedITAT Surat08 Jun 2022AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

Unipatch Rubber Ltd., Delhi vs. ACIT, Circle- 27(1), New Delhi

In the result, both the appeals are partly allowed for

ITA 7670/DEL/2018[2014-15]Status: DisposedITAT Delhi31 May 2022AY 2014-15

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumar

Section 80I

…80IC has to be taken as the only source of income of the assessee during the year, wherein, the deduction is claimed. The expression “derived from” has come up for interpretation before the Hon’ble Apex Court in case of Pandian Chemical Ltd. Vs. CIT (2003) 262 ITR 278 (SC). The Hon’ble Court AYs: 2013-14 & 2014-15 held that the expression “derived from” has a narrower connotation than the expression “attributable to”. The following observations of the Hon’ble Supreme Court would be of much relevance: “5. The High Court rejected the submission of the appellant by relying upon the decision of this Court in…

Unipatch Rubber Ltd., Delhi vs. ACIT, Circle- 27(1), New Delhi

In the result, both the appeals are partly allowed for

ITA 7669/DEL/2018[2013-14]Status: DisposedITAT Delhi31 May 2022AY 2013-14

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumar

Section 80I

…80IC has to be taken as the only source of income of the assessee during the year, wherein, the deduction is claimed. The expression “derived from” has come up for interpretation before the Hon’ble Apex Court in case of Pandian Chemical Ltd. Vs. CIT (2003) 262 ITR 278 (SC). The Hon’ble Court AYs: 2013-14 & 2014-15 held that the expression “derived from” has a narrower connotation than the expression “attributable to”. The following observations of the Hon’ble Supreme Court would be of much relevance: “5. The High Court rejected the submission of the appellant by relying upon the decision of this Court in…

JCIT(OSD), Circle-1(1)(2), Ahmedabad vs. M/S. Devraj Infrastructure Ltd., Ahmedabad

In the result, all three appeals of revenue are dismissed

ITA 1607/AHD/2018[2010-11]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyanisl.

For Appellant: Shrui A.C. Shah, A.RFor Respondent: Shri Alok Kumar, CIT-DR
Section 143(3)Section 80

…tructure Ltd. vs. DCIT/JCIT AYs – 2010-11, 2011-12 & 2012-13 and eligible for deduction. Therefore, the Ld. CIT(A) allowed deduction. 17. Before us, the Ld. DR submitted emphasized the decisions of Hon’ble Supreme Court in the case of Pandian Chemicals Ltd. 262 ITR 278 (SC) and Sterling Foods 237 ITR 53 (SC) and strongly claimed that the Kasar Vatav as well as Dividend are the income which are attributable to the business of industrial park but still they are not derived from that business. Hence the Ld. DR submitted that the Ld. CIT(A) has wrongly allowed deduction in respect of these incomes. 18. Per contra…

The Deputy Commissioner of Income Tax, Circle-1(1)(2), Ahmedabad vs. M/S. Devraj Infrastructure Ltd., Ahmedabad

In the result, all three appeals of revenue are dismissed

ITA 2441/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyanisl.

For Appellant: Shrui A.C. Shah, A.RFor Respondent: Shri Alok Kumar, CIT-DR
Section 143(3)Section 80

…tructure Ltd. vs. DCIT/JCIT AYs – 2010-11, 2011-12 & 2012-13 and eligible for deduction. Therefore, the Ld. CIT(A) allowed deduction. 17. Before us, the Ld. DR submitted emphasized the decisions of Hon’ble Supreme Court in the case of Pandian Chemicals Ltd. 262 ITR 278 (SC) and Sterling Foods 237 ITR 53 (SC) and strongly claimed that the Kasar Vatav as well as Dividend are the income which are attributable to the business of industrial park but still they are not derived from that business. Hence the Ld. DR submitted that the Ld. CIT(A) has wrongly allowed deduction in respect of these incomes. 18. Per contra…

Tata Chemicals Ltd, Mumbai vs. DCIT 2(3), Mumbai

In the result additional ground raised by the assessee vide additional ground number 3 and ground number 5 of the appeal is allowed

ITA 2439/MUM/2011[2003-04]Status: DisposedITAT Mumbai16 Feb 2022AY 2003-04

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am Dy. Commissioner Of Income Tata Chemicals Limited Tax 2(3), Bombay House Aayakar Bhavan, Fort, Vs. M.K. Road, Mumbai-400 001 Mumbai-400 020 (Respondent) (Appellant) Pan No. Aaact4059M Appellant By : Shri Nitesh Joshi, Ar Respondent By : Shri Milind Chavan, Dr Date Of Hearing: 20.12.2021 Date Of Pronouncement : 16.02.2022

For Appellant: Shri Nitesh Joshi, ARFor Respondent: Shri Milind Chavan, DR
Section 41Section 80

…led to import entitlements, which it can sell. The sale consideration therefrom cannot, in our view, be held to constitute a profit and gain derived from the assessees' industrial undertaking." (Para 13) 15. Similarly, in Pandian Chemicals Ltd. v. CIT [2003] 262 ITR 278/129 Taxman 539 (SC) , this Court dealt with the claim for a deduction under Section 80HH of the Act. The question before the Court was as to whether interest earned on a deposit made with the Electricity Board for the supply of electricity to the appellant's industrial undertaking should be treated as income derived from the industrial undertakin…

Ppn Power Generating Co. (P) Ltd., Chennai vs. ACIT Central Circle 3(1), Chennai

ITA 2092/CHNY/2019[2016-17]Status: DisposedITAT Chennai25 Jan 2022AY 2016-17

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 2092/Chny/2019 िनधा"रण वष" /Assessment Year: 2016 - 17 M/S. Ppn Power Generating The Acit, Company Pvt. Ltd., V. Central Circle – 3(1), 1-A, 3Rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. Pan : Aabcp 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita No.: 3015/Chny/2018 िनधा"रण वष" /Assessment Year: 2010 - 11 The Acit, M/S. Ppn Power Generating Central Circle – 3(1), V. Company Pvt. Ltd., 1-A, 3Rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. Pan : Aabcp 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O. No.: 1/Chny/2019 (In I.T.A. No. 3015/Chny/2018) िनधा"रण वष" /Assessment Year: 2010 – 11 M/S. Ppn Power Generating The Acit, Company Pvt. Ltd., V. Central Circle – 3(1), 1-A, 3Rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. Pan : Aabcp 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri A. Sumanth Srinivas, CIT
Section 143(3)Section 40Section 9(1)

…आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी महावीर "संह, उपा"य" एवं "ी मनोज कुमार अ"वाल, लेखा सद"य के सम" BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 2092/CHNY/2019 िनधा"रण वष" /Assessment Year: 2016 - 17 M/s. PPN Power Generating The ACIT, Company Pvt. Ltd., v. Central Circle – 3(1), 1-A, 3rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. PAN : AABCP 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./ITA No.: 3015/CHNY/2018 िनधा"रण वष" /Assessment…

ACIT Central Circle 3(1), Chennai vs. Ppn Power Generating Co. (P) Ltd., Chennai

ITA 3015/CHNY/2018[2010-11]Status: DisposedITAT Chennai25 Jan 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 2092/Chny/2019 िनधा"रण वष" /Assessment Year: 2016 - 17 M/S. Ppn Power Generating The Acit, Company Pvt. Ltd., V. Central Circle – 3(1), 1-A, 3Rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. Pan : Aabcp 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita No.: 3015/Chny/2018 िनधा"रण वष" /Assessment Year: 2010 - 11 The Acit, M/S. Ppn Power Generating Central Circle – 3(1), V. Company Pvt. Ltd., 1-A, 3Rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. Pan : Aabcp 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O. No.: 1/Chny/2019 (In I.T.A. No. 3015/Chny/2018) िनधा"रण वष" /Assessment Year: 2010 – 11 M/S. Ppn Power Generating The Acit, Company Pvt. Ltd., V. Central Circle – 3(1), 1-A, 3Rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. Pan : Aabcp 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri A. Sumanth Srinivas, CIT
Section 143(3)Section 40Section 9(1)

…आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी महावीर "संह, उपा"य" एवं "ी मनोज कुमार अ"वाल, लेखा सद"य के सम" BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 2092/CHNY/2019 िनधा"रण वष" /Assessment Year: 2016 - 17 M/s. PPN Power Generating The ACIT, Company Pvt. Ltd., v. Central Circle – 3(1), 1-A, 3rd Floor, Jhavar Plaza, Chennai - 34. Nungambakkam High Road, Chennai – 600 034. PAN : AABCP 8131D (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./ITA No.: 3015/CHNY/2018 िनधा"रण वष" /Assessment…

The ACIT, Bharuch Circle, Bharuch vs. Bharuch Enviro Infrastructure Ltd., Ankleshwar

In the result, this ground of appeal is allowed for statistical purpose

ITA 1867/AHD/2014[2008-09]Status: DisposedITAT Surat24 Dec 2021AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 143(3)Section 254(1)Section 44ASection 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

Bharuch Enviro Infrastructure Ltd., Bharuch vs. The Dy.CIT., Bharuch Circle, Bharuch

In the result, this ground of appeal is allowed for statistical purpose

ITA 1849/AHD/2014[2008-09]Status: DisposedITAT Surat24 Dec 2021AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 143(3)Section 254(1)Section 44ASection 80I

…orities have erred in excluding interest income of Rs.42,88,461/- and one time membership fee for incinerator plan of Rs.11.20 lacs for the purpose of computing Section 80IA deduction claim by following hon'ble apex court's decision in Pandian Chemical's case 262 ITR 278 (SC) that the same could not be held to have been derived from the above stated solid waste disposal plant. 10. Heard both sides. It emerges that the assessee's interest income in question arises from fixed deposits maintain with bank in order to comply with Gujarat Pollution Control Boards, norms, terms and conditions since it has to upkeep the…

Grasim Industries Ltd vs. Addl. CIT Range 6(3)

In the result, appeal filed by the assesse and revenue are partly allowed

ITA 4753/MUM/2004[2002-03]Status: DisposedITAT Mumbai14 Dec 2021AY 2002-03

Bench: Shri Saktijit Dey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blegrasim Industries Limited V. Addl. Cit, Range 6(3) Corporate Finance Division 5Th Floor, Room No. 505 Aditya Birla Centre “A” Wing Aayakar Bhavan 2Nd Floor, S.K. Ahire Marg, Worli Mumbai Mumbai-400025 Pan: Aaacg4464B Appellant Respondent Dy. Cit, Range 6(3), V. Grasim Industries Limited, 5Th Floor, Room No. 505, Corporate Finance Division, Aayakar Bhavan, Aditya Birla Centre, “A” Wing, Mumbai-20. 2Nd Floor, S.K. Ahire Marg Worli, Mumbai-400025 Pan: Aaacg4464B Appellant Respondent Assessee By : Shri J.D. Mistry Revenue By : Shri Sandeep Raj & Shri Vijay Kumar Menon

For Appellant: Shri J.D. MistryFor Respondent: Shri Sandeep Raj &
Section 143(3)Section 36(1)(vii)Section 43BSection 80Section 80H

…tivity of an industrial undertaking and the profits and gains. 22 ITA No. 4753 & 5584/MUM/2004 (A.Y. 2002-03) Grasim Industries Limited, Learned counsel for the Revenue also drew our attention to Pandian Chemicals Ltd. vs. CIT (2003) 183 CTR (SC) 99 : (2003) 262 ITR 278 (SC). However, on a reading of the judgment we find that that also deals with s. 80HH of the Act and does not lay down any principle difference from CIT vs. Sterling Foods (1999) 153 CTR (SC) 439 : (1999) 237 ITR 579 (SC). In fact, in Pandian Chemicals Ltd. (supra) reliance has been placed on Cambay Electric Supply Industrial Co. Ltd. vs. CIT 197…