Textile Machinery Corporation Ltd. v. CIT

107 ITR 195Supreme Court of India1977#591 most cited

What is Textile Machinery Corporation Ltd. v. CIT authority for?

A new industrial undertaking is not considered a reconstruction of an existing business for tax deduction purposes if it is a separate, independent production unit manufacturing commercially tangible products that can operate without losing its identity in the old business. The transfer and substantial use of assets and manpower from an old business to a new one may indicate reconstruction.

165

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2008 to 2026.

Also referred to as

Textile Machinery Corporation Ltd. v. CIT · 107 ITR 195 · Section 80J · Section 80IC · new industrial undertaking · reconstruction of business · splitting up of business · tax deduction eligibility · independent production unit · transfer of substantial assets · tax benefits

Also reported as

2 SCC 368

Sections most often in play

Section 143(3)Section 263Section 80-ICSection 10(2A)Section 143(3A)Section 28(v)Section 40(b)Section 143(3B)

Issues it is cited on

section 2(29ba)software technology parksection 80jsection 80icsection 80hhcsection 80hhtax benefitsection 80isection 80iasection 10aarm's length pricegross total income

Judgments citing Textile Machinery Corporation Ltd. v. CIT

Acc Ltd ( Formerly Known As the Associated Cement Companies Ltd), Mumbai vs. Addl CIT RG 1(1), Mumbai

ITA 5655/MUM/2011[2006-07]Status: DisposedITAT Mumbai28 Feb 2023AY 2006-07

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit -Range 1(1) (Formerly Known As The Associated Cement Mumbai Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) M/S. Acc Limited V. Asst. Cit-Ltu (Formerly Known As The Associated Mumbai Cement Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Acit – Ltu V. M/S. Acc Limited 28Th Floor, Centre-1 (Formerly Known As The Associated Cement Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai - 400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 145ASection 251Section 44A

…ss of the same industrial undertaking where the ownership of a business or undertaking changes hands that would not be regarded as reconstruction. This judgment has specifically been approved by the Supreme Court in Textile Machinery Corpn. Ltd. v. CIT [1997] 107 ITR 195. As regards the splitting up of a business, the relevant test is whether an undertaking is formed by splitting 33 ITA NO.5655 & 5692/MUM/2011(A.Y: 2006-07) M/s. ACC Limited up of a business already in existence. Unless the formation of the undertaking takes place by the splitting up of a business already in existence, the negative prohibition wo…

Addl CIT RG 1(1), Mumbai vs. Acc Ltd, Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3786/MUM/2009[2005-06]Status: DisposedITAT Mumbai28 Feb 2023AY 2005-06

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit – Range-1(1) (Formerly Known As The Associated Mumbai Cement Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Dy. Cit - 1(1) V. M/S. Acc Limited Room No. 79, Aayakar Bhavan (Formerly Known As The Associated Cement Companies Ltd.) M.K. Road, Mumbai – 400020 Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 14ASection 14A(1)

…ss of the same industrial undertaking where the ownership of a business or undertaking changes hands that would not be regarded as reconstruction. This judgment has specifically been approved by the Supreme Court in Textile Machinery Corpn. Ltd. v. CIT [1997] 107 ITR 195. As regards the splitting up of a business, the relevant test is whether an undertaking is formed by splitting up of a business already in existence. Unless the formation of the undertaking takes place by the splitting up of a business already in existence, the negative prohibition would not be attracted. In the present case, the entire business…

Acc Ltd (Formerly Known As the Associated Cement Companies Ltd), Mumbai vs. Addl CIT RG 1(1), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3490/MUM/2009[2005-06]Status: DisposedITAT Mumbai28 Feb 2023AY 2005-06

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit – Range-1(1) (Formerly Known As The Associated Mumbai Cement Companies Ltd.) Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Dy. Cit - 1(1) V. M/S. Acc Limited Room No. 79, Aayakar Bhavan (Formerly Known As The Associated Cement Companies Ltd.) M.K. Road, Mumbai – 400020 Cement House, 121, M.K. Road Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 14ASection 14A(1)

…ss of the same industrial undertaking where the ownership of a business or undertaking changes hands that would not be regarded as reconstruction. This judgment has specifically been approved by the Supreme Court in Textile Machinery Corpn. Ltd. v. CIT [1997] 107 ITR 195. As regards the splitting up of a business, the relevant test is whether an undertaking is formed by splitting up of a business already in existence. Unless the formation of the undertaking takes place by the splitting up of a business already in existence, the negative prohibition would not be attracted. In the present case, the entire business…

Dy CIT, Circle-8(2)(1), Mumbai vs. M/S Siemens Technology & Services P. Ltd ( Formerly Known As Siemens Information Systems Ltd.), Mumbai

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

ITA 287/MUM/2021[2004-05]Status: DisposedITAT Mumbai02 Nov 2022AY 2004-05
Section 10ASection 143(2)Section 143(3)

…vs. Assistant Commissioner of Income Tax decided on 15th April 2015. According to the learned counsel, the said judgment would squarely apply in the present case and even the judgment of the Apex Court in Textile Machinery Corporation Ltd vs. CIT reported in 107 ITR 195 was referred thereto. He further submits that there was no independent registration of Unit II and Unit III with STPI which would demonstrate that it was not independent new undertaking. This fact has been lost sight of by the Tribunal if the said business M/s. Siemens Technology & Services Pvt Ltd., was not merely an expansion but a new underta…

Dy CIT, Circle-8(2)(1), Mumbai vs. M/S Siemens Technology & Services P. Ltd ( Formerly Known As Siemens Information Systems Ltd.), Mumbai

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

ITA 286/MUM/2021[2003-04]Status: DisposedITAT Mumbai02 Nov 2022AY 2003-04
Section 10ASection 143(2)Section 143(3)

…vs. Assistant Commissioner of Income Tax decided on 15th April 2015. According to the learned counsel, the said judgment would squarely apply in the present case and even the judgment of the Apex Court in Textile Machinery Corporation Ltd vs. CIT reported in 107 ITR 195 was referred thereto. He further submits that there was no independent registration of Unit II and Unit III with STPI which would demonstrate that it was not independent new undertaking. This fact has been lost sight of by the Tribunal if the said business M/s. Siemens Technology & Services Pvt Ltd., was not merely an expansion but a new underta…

DCIT - 8(2)(1), Mumbai vs. Siemens Technology and Services Pvt. Ltd., Mumbai

In the result, the appeals of the revenue are dismissed and appeal of the assessee is partly allowed

ITA 3247/MUM/2018[2005-06]Status: DisposedITAT Mumbai12 Oct 2022AY 2005-06

Bench: Shri Kuldip Singh & Shri Amarjit Singh

For Appellant: P.J. Pardiwala &For Respondent: Ashok Kumar Kardam
Section 10ASection 143(2)Section 143(3)

…vs. Assistant Commissioner of Income Tax decided on 15th April 2015. According to the learned counsel, the said judgment would squarely apply in the present case and even the judgment of the Apex Court in Textile Machinery Corporation Ltd vs. CIT reported in 107 ITR 195 was referred thereto. He further submits that there was no independent registration of Unit II and Unit III with STPI which would demonstrate that it was not independent new undertaking. This fact has been lost sight of by the Tribunal if the said business was not merely an expansion but a new undertaking then certainly a fresh permission would h…

DCIT - 8(2)(1), Mumbai vs. Siemens Technology & Services Pvt. Ltd., Mumbai

In the result, the appeals of the revenue are dismissed and appeal of the assessee is partly allowed

ITA 3032/MUM/2018[2006-07]Status: DisposedITAT Mumbai12 Oct 2022AY 2006-07

Bench: Shri Kuldip Singh & Shri Amarjit Singh

For Appellant: P.J. Pardiwala &For Respondent: Ashok Kumar Kardam
Section 10ASection 143(2)Section 143(3)

…vs. Assistant Commissioner of Income Tax decided on 15th April 2015. According to the learned counsel, the said judgment would squarely apply in the present case and even the judgment of the Apex Court in Textile Machinery Corporation Ltd vs. CIT reported in 107 ITR 195 was referred thereto. He further submits that there was no independent registration of Unit II and Unit III with STPI which would demonstrate that it was not independent new undertaking. This fact has been lost sight of by the Tribunal if the said business was not merely an expansion but a new undertaking then certainly a fresh permission would h…

Siemens Technology & Services Pvt. Ltd.(Erstwhile Known As Siemens Information Systems Ltd.), Mumbai vs. DCIT- Circle -8(2)(1), Mumbai

In the result, the appeals of the revenue are dismissed and appeal of the assessee is partly allowed

ITA 2947/MUM/2018[2006-07]Status: DisposedITAT Mumbai12 Oct 2022AY 2006-07

Bench: Shri Kuldip Singh & Shri Amarjit Singh

For Appellant: P.J. Pardiwala &For Respondent: Ashok Kumar Kardam
Section 10ASection 143(2)Section 143(3)

…vs. Assistant Commissioner of Income Tax decided on 15th April 2015. According to the learned counsel, the said judgment would squarely apply in the present case and even the judgment of the Apex Court in Textile Machinery Corporation Ltd vs. CIT reported in 107 ITR 195 was referred thereto. He further submits that there was no independent registration of Unit II and Unit III with STPI which would demonstrate that it was not independent new undertaking. This fact has been lost sight of by the Tribunal if the said business was not merely an expansion but a new undertaking then certainly a fresh permission would h…

Hewlett-Packard Globalsoft Private Limtied, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

ITA 835/BANG/2016[2011-12]Status: DisposedITAT Bangalore03 Jun 2022AY 2011-12

…rred by assessee from STPI unit I & II which were located in Bangalore to STPI unit VI which is located in Chennai. In support he placed reliance on the decision of Hon’ble Supreme Court in case of Textile Machinery Corporation Ltd. vs. CIT reported in [1977] 107 ITR 195 (SC). It is the submission by the Ld.AR that the adhoc disallowance by the Ld.AO has been made based on the decision for A.Y. 2010-11 by the Ld.AO. It is also submitted that there is no basis or reasons given to adopt the disallowance at 14.45%. He thus prayed for the deduction has to be allowed as claimed by assessee. 8.6 On the contrary, the Ld…

DCIT, Bangalore vs. M/S Hewlett Packard Globalsoft Pvt. Ltd., Bangalore

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

ITA 810/BANG/2016[2011-12]Status: DisposedITAT Bangalore03 Jun 2022AY 2011-12

…rred by assessee from STPI unit I & II which were located in Bangalore to STPI unit VI which is located in Chennai. In support he placed reliance on the decision of Hon’ble Supreme Court in case of Textile Machinery Corporation Ltd. vs. CIT reported in [1977] 107 ITR 195 (SC). It is the submission by the Ld.AR that the adhoc disallowance by the Ld.AO has been made based on the decision for A.Y. 2010-11 by the Ld.AO. It is also submitted that there is no basis or reasons given to adopt the disallowance at 14.45%. He thus prayed for the deduction has to be allowed as claimed by assessee. 8.6 On the contrary, the Ld…

The Assistant Commr. of Income Tax, Circle-3, Jamnagar vs. Akshar Metals, Jamnagar

In the result appeal of the Revenue is hereby dismissed

ITA 161/RJT/2016[2012-13]Status: DisposedITAT Rajkot31 May 2022AY 2012-13

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedअपील सं./Ita No.246/Rjt/2015 िनधा"रण वष"/Asstt. Year: 2011-2012 & अपील सं./Ita No.161/Rjt/2016 िनधा"रण वष"/Asstt. Year: 2012-2013 A.C.I.T., M/S Akshar Metals, Circle-3, Vs. Geetanjali, Jamnagar. Summair Club Road, 2, Hathi Colony, Jamnagar. Pan: Aapfa6505K

For Appellant: Ms Bhavna Yashroy, CIT.D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 10A

…t & machineries owned by other party being AMPL. Page 5 of 13 ITA no.246 & 161/Rjt/2015-16 Asstt. Year 2011-12 & 2012-13 In this context, it will be worthwhile to refer to Hon’ble Apex Court decision in the case of Textile Machinery Corpn. Ltd. CIT [‘1977] 107 ITR 195 wherein it was held that:- “A new activity launched by the assessee by establishing new plants and machinery by investing substantial funds may produce the same commodities of the old business or it may produce some other distinct marketable products, even commodities which may feed the old business. These products may be consumed by the assessee…

The Assistant Commr. of Income Tax, Circle-3, Jamnagar vs. M/S Akshar Metals, Jamnagar

In the result appeal of the Revenue is hereby dismissed

ITA 246/RJT/2015[2011-12]Status: DisposedITAT Rajkot31 May 2022AY 2011-12

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedअपील सं./Ita No.246/Rjt/2015 िनधा"रण वष"/Asstt. Year: 2011-2012 & अपील सं./Ita No.161/Rjt/2016 िनधा"रण वष"/Asstt. Year: 2012-2013 A.C.I.T., M/S Akshar Metals, Circle-3, Vs. Geetanjali, Jamnagar. Summair Club Road, 2, Hathi Colony, Jamnagar. Pan: Aapfa6505K

For Appellant: Ms Bhavna Yashroy, CIT.D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 10A

…t & machineries owned by other party being AMPL. Page 5 of 13 ITA no.246 & 161/Rjt/2015-16 Asstt. Year 2011-12 & 2012-13 In this context, it will be worthwhile to refer to Hon’ble Apex Court decision in the case of Textile Machinery Corpn. Ltd. CIT [‘1977] 107 ITR 195 wherein it was held that:- “A new activity launched by the assessee by establishing new plants and machinery by investing substantial funds may produce the same commodities of the old business or it may produce some other distinct marketable products, even commodities which may feed the old business. These products may be consumed by the assessee…

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

…33 of 2011 order dated 16.04.2012 Gujarat High Court) A.Y. 2014-15 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.co…

M/S I G Petrochemicals Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(1), Bangalore

In the result, the disallowance u/s 40(a)(i) of the I

ITA 207/BANG/2018[2013-14]Status: DisposedITAT Bangalore18 Mar 2022AY 2013-14

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…rdingly, was eligible to claim deduction u/s 80IA of the I.T.Act in respect of power plant set up by it. In this context, the assessee relied on various judicial pronouncements including the case of M/s.Textile Machinery Corporation Limited v. CIT reported in 107 ITR 195 (SC), M/s.Tamil Nadu Newsprint and Papers Limited v. ACIT in ITA No.328/Mds/2011 & Ors. (order dated 13th May, 2011) and West Coast Paper Mills Ltd. v. JCIT reported in (2006) 100 TTJ Mum 833. The A.O. however rejected the submissions of the assessee and disallowed the claim of deduction u/s 80IA of the I.T.Act. It was held by the A.O. that there…

M/S.L.G Petrochemicals Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the disallowance u/s 40(a)(i) of the I

ITA 1957/BANG/2016[2012-13]Status: DisposedITAT Bangalore18 Mar 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…rdingly, was eligible to claim deduction u/s 80IA of the I.T.Act in respect of power plant set up by it. In this context, the assessee relied on various judicial pronouncements including the case of M/s.Textile Machinery Corporation Limited v. CIT reported in 107 ITR 195 (SC), M/s.Tamil Nadu Newsprint and Papers Limited v. ACIT in ITA No.328/Mds/2011 & Ors. (order dated 13th May, 2011) and West Coast Paper Mills Ltd. v. JCIT reported in (2006) 100 TTJ Mum 833. The A.O. however rejected the submissions of the assessee and disallowed the claim of deduction u/s 80IA of the I.T.Act. It was held by the A.O. that there…

M/S.L.G Petrochemicals Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the disallowance u/s 40(a)(i) of the I

ITA 1956/BANG/2016[2011-12]Status: DisposedITAT Bangalore18 Mar 2022AY 2011-12

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…rdingly, was eligible to claim deduction u/s 80IA of the I.T.Act in respect of power plant set up by it. In this context, the assessee relied on various judicial pronouncements including the case of M/s.Textile Machinery Corporation Limited v. CIT reported in 107 ITR 195 (SC), M/s.Tamil Nadu Newsprint and Papers Limited v. ACIT in ITA No.328/Mds/2011 & Ors. (order dated 13th May, 2011) and West Coast Paper Mills Ltd. v. JCIT reported in (2006) 100 TTJ Mum 833. The A.O. however rejected the submissions of the assessee and disallowed the claim of deduction u/s 80IA of the I.T.Act. It was held by the A.O. that there…

M/S.L.G Petrochemicals Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the disallowance u/s 40(a)(i) of the I

ITA 1955/BANG/2016[2010-11]Status: DisposedITAT Bangalore18 Mar 2022AY 2010-11

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…rdingly, was eligible to claim deduction u/s 80IA of the I.T.Act in respect of power plant set up by it. In this context, the assessee relied on various judicial pronouncements including the case of M/s.Textile Machinery Corporation Limited v. CIT reported in 107 ITR 195 (SC), M/s.Tamil Nadu Newsprint and Papers Limited v. ACIT in ITA No.328/Mds/2011 & Ors. (order dated 13th May, 2011) and West Coast Paper Mills Ltd. v. JCIT reported in (2006) 100 TTJ Mum 833. The A.O. however rejected the submissions of the assessee and disallowed the claim of deduction u/s 80IA of the I.T.Act. It was held by the A.O. that there…

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)

…on capacity and by employing additional labour force, such units are separate and distinct unit than deduction cannot be denied. In support his submissions, the ld.AR of the assessee relied upon the following decisions : i. Textile Machinery Corporation Ltd – 107 ITR 195 (SC) ii. Indian Aluminium Co Ltd – 108 ITR 367 (SC) iii. Shri Digvijay Cement Co Ltd – 144 ITR 532 (Guj) iv. CIT vs. Electric Lamps Mfrs (India) (P) Ltd – 165 ITR 115 (Cal) 8. The ld.AR of the Assessee contended for no requirement for new excise or sales tax registration by relying upon the following decisions : i. FIL Industries Ltd vs. ACIT – I…

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

…ion 80-IA (4) ought to be allowed separately. To support his support his contention, the learned Senior Counsel made reliance on the decisions of :  CIT Vs Dewan Kraft System (P.) Ltd [2007] 160 Taxman 343 (Del),  Textiles Machinery Corporation Ltd vs. CIT (107 ITR 195) (SC),  ACIT Vs Leo Fasteners (398 ITR 462)(Mad),  Punit Construction Co. Vs JCIT (92 taxmann.com 28)(Mum tribunal) ITA Nos1849 & 1867/AHD/2014 (A.Y. 08-09) Bharuch Enviro Infrastructure Ltd. 28. By referring, the aforesaid decisions, the learned Senior Counsel for the assessee prays that deduction ought to be allowed separately in respect of…

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

…ion 80-IA (4) ought to be allowed separately. To support his support his contention, the learned Senior Counsel made reliance on the decisions of :  CIT Vs Dewan Kraft System (P.) Ltd [2007] 160 Taxman 343 (Del),  Textiles Machinery Corporation Ltd vs. CIT (107 ITR 195) (SC),  ACIT Vs Leo Fasteners (398 ITR 462)(Mad),  Punit Construction Co. Vs JCIT (92 taxmann.com 28)(Mum tribunal) ITA Nos1849 & 1867/AHD/2014 (A.Y. 08-09) Bharuch Enviro Infrastructure Ltd. 28. By referring, the aforesaid decisions, the learned Senior Counsel for the assessee prays that deduction ought to be allowed separately in respect of…