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“eligible assessee”

Assessment ProceduresSection 144CSection 144C662 judgments

The decision most relied on for eligible assessee is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 judgments on BharatTax.

Leading authorities on eligible assessee

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Pandian Chemicals Ltd. v. CIT
262 ITR 278 · 2003 · Supreme Court
353
citing judgments

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.

CIT v. Yokogawa India Ltd.
391 ITR 274 · 2017 · Supreme Court
290
citing judgments

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

CIT v. ABG Heavy Industries Ltd.
322 ITR 323 · 2010 · High Court
229
citing judgments

The Assessing Officer cannot deny a Section 80IA deduction by merely asserting that the assessee is not a "developer" without considering the relevant agreements and facts. Entitlement to Section 80IA deduction requires a thorough examination of the assessee's role as a developer.

CIT v. Claris Lifesciences Ltd.
326 ITR 251 · 2010 · High Court
196
citing judgments

If approval from the Department of Scientific and Industrial Research (DSIR) for an in-house R&D centre is granted during the previous year, the assessee is entitled to claim weighted deduction under section 35(2AB) for the entire expenditure incurred during that year.

Vijay Television (P.) Ltd. v. DRP
369 ITR 113 · 2014 · High Court
140
citing judgments

Passing a final assessment order under Section 143(3) directly, without first issuing a draft assessment order under Section 144C(1) for an eligible assessee, constitutes a fundamental jurisdictional defect. This defect cannot be cured by a subsequent corrigendum, especially if issued beyond the prescribed period of limitation.

CIT v. Ramkrishna Deo
35 ITR 312 · 1959 · Supreme Court
84
citing judgments

The burden of proving that a particular income is exempt from taxation, or is not taxable, lies on the assessee. To claim an exemption or a deduction, the assessee must provide proper materials to establish eligibility.

CIT v. Kamal Wahal
351 ITR 4 · 2013 · High Court
71
citing judgments

An assessee is eligible for capital gains exemption under Sections 54 and 54F even when the new residential house is purchased in the name of their spouse, provided the investment comes from the assessee's own funds. This allows for a purposive construction of these provisions.

Judgments citing eligible assessee

Balupuri Ashupuri Goswami, Mumbai vs. ITO Ward 31.1.3, Now (14.4.1., Mumbai

ITA 2360/MUM/2023[2014-2015]Status: DisposedITAT Mumbai22 Jan 2024AY 2014-2015

Bench: Shri Kuldip Singh & Shri Amarjit Singhassessment Year: 2014-15

For Appellant: Shri Devendra Jain, A.RFor Respondent: Shri Ajay Singh, Sr. D.R

Income Tax Act, 1961, reads as under: "Notwithstanding anything to the contrary contained in sections 28 to 43C, in the case of an eligible assessee engaged in an eligible business, a sum equal to eight per cent of the total turnover or gross receipts of the assessee in the previous ... account of such business or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the eligible assessee, shall be deemed to be the profits and gains of such business chargeable to tax under the head "Profits and gains of business

DCIT, New Delhi vs. I Energizer Holdings Ltd., New Delhi

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 4653/DEL/2015[2011-12]Status: DisposedITAT Delhi11 Jan 2024AY 2011-12

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an ‘eligible assessee’ for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section,— (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means,— (i ) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

DCIT, New Delhi vs. I Energizer Holdings Ltd., New Delhi

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 4652/DEL/2015[2010-11]Status: DisposedITAT Delhi11 Jan 2024AY 2010-11

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an ‘eligible assessee’ for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section,— (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means,— (i ) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

DCIT, New Delhi vs. I Energizer Holdings Ltd., New Delhi

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 4651/DEL/2015[2009-10]Status: DisposedITAT Delhi11 Jan 2024AY 2009-10

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an ‘eligible assessee’ for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section,— (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means,— (i ) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

DCIT, New Delhi vs. I Energizer Holdings Ltd., New Delhi

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 4650/DEL/2015[2008-09]Status: DisposedITAT Delhi11 Jan 2024AY 2008-09

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an ‘eligible assessee’ for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section,— (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means,— (i ) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

DCIT, New Delhi vs. Iservices Investments Ltd., New Delhi

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 5396/DEL/2015[2011-12]Status: DisposedITAT Delhi10 Jan 2024AY 2011-12

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an ‘eligible assessee’ for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section,— (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means,— (i ) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

DCIT, New Delhi vs. M/S Wickwood Development Ltd., New Delhi

ITA 3357/DEL/2015[2009-10]Status: DisposedITAT Delhi10 Jan 2024AY 2009-10

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

Section 153CSection 6(3)(ii)

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an `eligible assessee' for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section, — (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means, — (i) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

DCIT, New Delhi vs. M/S Wickwood Development Ltd., New Delhi

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 3356/DEL/2015[2008-09]Status: DisposedITAT Delhi10 Jan 2024AY 2008-09

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an ‘eligible assessee’ for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section,— (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means,— (i ) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

DCIT, New Delhi vs. M/S. Newbury Holding Two Ltd., New Delhi

ITA 3128/DEL/2015[2010-11]Status: DisposedITAT Delhi10 Jan 2024AY 2010-11

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

Section 153CSection 6(3)(ii)

lease rent paid to assessee as per the provisions of TDS. 10. It was brought to our notice that the assessee is an `eligible assessee' for the purpose of Section 144C(15)(b) of the Income Tax Act, 1961. The said provision reads as under: “(15) For the purposes ... this section, — (a) "Dispute Resolution Panel" means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) "eligible assessee" means, — (i) any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order

Lubrizol Advanced Materials India Pvt Ltd., Mumbai vs. Assessment Unit (Income Tax Department), Delhi

In the result, appeal of the assessee is allowed

ITA 2543/MUM/2022[2018-19]Status: DisposedITAT Mumbai09 Jan 2024AY 2018-19

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm M/S Lubrizol Advanced Materials India Private Limited Assessment Unit (Income Tax App. & Bus. Centre, 6 Th Floor, Department) Mehra Industrial Estate, Vs. Mumbai Jaswanti Landmark, Lbs Marg, Vikhroli (West), Mumbai-400 079 (Respondent) (Appellant) Pan No. Aaac1436B Assessee By : Shri Madhur Agrawal, Ar Revenue By : Shri Pankaj Kumar, Dr Date Of Hearing: 21.12.2023 Date Of Pronouncement : 09.01.2024

For Appellant: Shri Madhur Agrawal, ARFor Respondent: Shri Pankaj Kumar, DR
Section 143Section 143(3)Section 144BSection 144CSection 144C(13)Section 144C(3)Section 92C

Panel) Rules, 2009 the panel shall after the Lubrizol advanced materials India Pvt. Ltd; A.Y. 2018-19 directions issued, communicate the same to the eligible assessee and to the assessing officer. The order is communicated to the assessee on 14 June 2022 at 4.10 p.m. digitally signed

Atos India Private Ltd, Mumbai vs. ACIT 14 (1) (1), Mumbai

In the result, the appeal filed by the assessee stands allowed on the additional grounds

ITA 1576/MUM/2021[2016-17]Status: DisposedITAT Mumbai05 Jan 2024AY 2016-17

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleatos India Private Limited V. Acit – 14(1)(1) Unit No. 1401, 14Th Floor Rom No. 481, 4Th Floor Supremus “E" Wing Aayakar Bhavan M.K. Road, Mumbai - 400020 I Think Techno Campus Kanjurmarg (E), Mumbai - 400042 Pan: Aaaco2461J (Appellant) (Respondent) Assessee Represented By : Ms. Chandni Shah & Ms. Riddi Maru Department Represented By : Shri Vachaspati Tripathi

Section 144C(5)

nullity or quashed on the ground of being barred by limitation, then could AO have passed the draft order treating it to be as 'eligible assessee'. Section 144C was brought on the statute as special scheme of assessment and to provide alternative dispute resolution scheme to certain categories of 'eligible ... assessee'. Section 144C provides that the AO has to pass and forward a draft assessment order in the case of 'eligible assessee' if he proposes to make any variation which is prejudicial to the interest of such assessee, Sub-section 15 has defined Page No. 14 Atos India Private Limited

Mavenir Uk Holdings, United Kingdom vs. ACIT, Circle Int. Taxation 2(2)(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 185/DEL/2023[2013-14]Status: DisposedITAT Delhi05 Jan 2024AY 2013-14

Bench: Sh. Challa Nagendra Prasaddr. B. R. R. Kumar

For Appellant: Sh. Manuj Sabharwal, Adv. &For Respondent: Sh. Vizay B. Vasanta, CIT-DR
Section 144Section 144CSection 144C(4)Section 147Section 148Section 151Section 234A

first instance, forward a draft of the pro-posed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which ... prejudicial to the interest of such assessee. (2) On receipt of the draft order, the eligible assessee shall, within thirty days of the receipt by him of the draft order,— (a) file his acceptance of the variations to the Assessing Officer; or (b) file his objections, if any, to such

Cadmatic Oy, Mumbai vs. Dy. Commissioner of Income Tax (Int Tax), Circle-2(1)(1), Mumbai

In the result, the appeal by the assessee is allowed

ITA 540/MUM/2023[2018-2019]Status: DisposedITAT Mumbai29 Dec 2023AY 2018-2019

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

For Appellant: Shri Jitendra SinghFor Respondent: Shri Anil Sant
Section 142(1)Section 143(2)Section 143(3)Section 144C(13)Section 195

directions dated 29/11/2021, issued under section 144C(5) of the Act, held that once draft assessment order has been passed in the case of eligible assessee and the assessee files its objections before the learned DRP, then the learned DRP is duty bound to issue directions under section 144C ... assessee has filed an appeal before CIT(A) on 29.04.2021. 5.2 The Panel notes that section 144C provides for a separate assessment mechanism for eligible assessee, as defined u/s 144C(15)(b), whose income are subject to transfer pricing variation or who are non-residents or foreign companies. Section 144C

Labvantage Solutions Inc., Kolkata vs. ACIT, Circle-2(2)(1), Int. Taxation, New Delhi

In the result, the appeal is partly allowed

ITA 683/DEL/2020[2016-17]Status: DisposedITAT Delhi29 Dec 2023AY 2016-17

Bench: Shri G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-Assessment Year: 2016-17 Labvantage Solutions Inc., Versus Acit, Circle 2(2)(1), C/O Deloitte Haskins & Sells Llf, Intl. Taxation, New Delhi. Bengal Intelligent Park, Building Omega, 13Th & 14Th Floor, Block- Dp & Gp, Sector-5, Salt Lake Electronic Complex, Kolkata. Pan: Aabcl8994J (Appellant) (Respondent) Assessee By : Mr. Ketan Ved & Mr. Yishu Goel, A.R. Revenue By : Sh. Sanjay Kumar, Sr. Dr Date Of Hearing : 06.10.2023 Date Of Pronouncement: 29.12.2023 Order

For Appellant: Mr. Ketan Ved &For Respondent: Sh. Sanjay Kumar, Sr. DR
Section 144C(1)Section 144C(15)

inclined to admit the additional grounds for adjudication. In sum and substance, the issue raised in additional ground is whether, the assessee, being an eligible assessee in terms of section 144C(15) of the Income-tax Act, 1961, the Assessing Officer should have passed draft assessment order in terms ... such services. Against the assessment order so passed, the assessee filed an appeal, inter alia, on the ground that the assessee, being an eligible assessee in terms of section 144C(15) of the Act, the Assessing Officer at the first 5 instance should have passed a draft assessment order

Gsr Industries, Noida vs. DDIT, International Taxation, Noida

ITA 2060/DEL/2023[2020-21]Status: DisposedITAT Delhi26 Dec 2023AY 2020-21

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Appellant: Sh. Prakash. K. Sinha, Adv. &For Respondent: Sh. Vizay B. Vasanta, CIT-DR
Section 143Section 143(3)Section 144(15)Section 144CSection 144C(15)Section 153(1)Section 92C

provision of section 144C. The provision of 144C mandates that the draft assessment order under section 144C (1) should be issued to the "eligible assessee" and the meaning of the term eligible assessee is defined under section 144C(15). As per the clause (b) of the section ... eligible assessee means: "(i) any person in whose care the variation referred to in sub-section (1) arises as a consequence of the 2 GSR Industries order of the Transfer Pricing Officer passed under sub- section (3) of section 92CA: and (ii) any non-resident not being a company

Neptunus Power Plant Services Private Limited, Navi Mumbai vs. ADIT, CPC, Bangalore

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

ITA 2796/MUM/2023[AY 2020-21]Status: DisposedITAT Mumbai18 Dec 2023

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.2796/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2020-21) Neptunus Power Plant बिधम/ Adit, Cpc Services Pvt. Ltd Bangalore. Vs. A-554, Ttc Industrial Area, Midc Navi Mumbai, Mahape, Thane-400710. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacn9274A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Kartik Natarajan Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 11/12/2023 घोषणा की तारीख /Date Of Pronouncement: 18/12/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 14.06.2023 For The Assessment Year 2020-21. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: -

For Appellant: Shri Kartik NatarajanFor Respondent: Shri Ashok Kumar Ambastha (Sr
Section 115BSection 139(1)Section 143(1)Section 154Section 3

exceed Rs.400 crore. And according to the assessee in the said year, assessee had only Rs 90 crore turn-over and is an eligible assessee for the concessional rate of tax @ 25% and merely because assessee did not opt for it while filing the ITR by marking tick in column

Vodafone India Services Pvt. Ltd, Mumbai vs. DCIT Circle-4(1)(2), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 2241/AHD/2018[2009-10]Status: DisposedITAT Mumbai18 Dec 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2241/Ahd/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Vodafone India Services बिधम/ Dcit, Central Circle- Pvt. Ltd. 4(1)(2) Vs. Indiabulls Finance Centre, B Wing, 2Nd Floor, Room 1201, 12Th Floor, Tower-1, No.209, Pratyaksh Kar Senapati Bapat Road, Bhavan, Near Elphinstone (West), Polytechnic, Ambawadi, Mumbai-400013. Ahmedabad-380015. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacz1849D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Fereshte Sethna (Adv) Revenue By: Letter Dated 11.10.2023 सुनवाई की तारीख / Date Of Hearing: 10/10/2023 घोषणा की तारीख /Date Of Pronouncement: 18/12/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Has Been Preferred By The Assessee Company Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-13, Ahmedabad Dated 31.08.2018, Arising Out Of The Final Assessment Order Passed U/S 143(3)/144C(13) Dated 05.12.2014 For The Assessment Year 2009-10. 2. In The Several Grounds Raised In The Appeal, The Sole Grievance Of The Appellant Is Against The Action Of The Ao/Ld. Cit(A) In Not Allowing The Depreciation Claimed On Goodwill.

For Appellant: Ms. Fereshte Sethna (Adv)For Respondent: Letter dated 11.10.2023
Section 143(1)Section 143(3)Section 144C(15)(b)Section 92C

Court, the Ld. DRP passed its order on 14.11.2014 holding that “owing to the entire transfer pricing proceedings being quashed VISPL was not an eligible assessee as per section 144C(15)(b) of the Act”, and thus disposed of the objections in view of lack of jurisdiction. The AO accordingly

Nav Bharat Stone Crusher, Hisar vs. ITO, Ward-1, Bhiwani

Appeal of the assessee stands allowed for statistical purposes

ITA 1147/DEL/2023[2014-15]Status: DisposedITAT Delhi18 Dec 2023AY 2014-15

Bench: Shri Kul Bharatassessment Year: 2014-15

Section 143(1)Section 221(1)Section 250Section 40Section 40B

reproduced as below, in accordance with which the deduction of salary and interest was claimed in ITR: 7 "Provided that where the eligible assessee is a firm, the salary and interest paid to its partners shall be deducted from the income computed under sub-section (1) subject to the conditions

Atomstroyexport, Mumbai vs. DCIT (It)Circle -1(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 575/MUM/2023[2020-2021]Status: DisposedITAT Mumbai12 Dec 2023AY 2020-2021

Bench: Shri Kuldip Singh, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Kumar Sharma, CIT-DR
Section 143(3)Section 234ASection 234BSection 44B

Turnkey power project which satisfies conditions of 44BBB. Further, the presumptive taxation as per the provisions of section 44BBB could be claimed by eligible assessee who is only engaged in civil construction or only erection or only testing or only commissioning of plant and machinery in connection with a turnkey

DCIT-3(4), Mumbai vs. M/S. Ambuja Cements Ltd., Mumbai City

In the result, appeals of the revenue and CO’s of assessee stands dismissed

ITA 2032/MUM/2023[2010-11]Status: DisposedITAT Mumbai11 Dec 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Prashant Maharishi, Am आयकर अपील सं/ I.T.A. No.2031/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2008-09) Dcit-3(4) बिधम/ M/S. Ambuja Cements Ltd 29Th Floor, Center-1, World 3Rd Floor, Elegant Vs. Trade Center, Cuffe Parade, Business Park, Midc Mumbai-400005. Cross, Road B Andheri East, Mumbai-400059. Cross Objection No. 90/Mum/2023 Arising Out Of I.T.A. No.2031/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2008-09) M/S. Ambuja Cements Ltd बिधम/ Dcit-3(4) 3Rd Floor, Elegant Business 29Th Floor, Center-1, Vs. Park, Midc Cross, Road B World Trade Center, Andheri East, Mumbai- Cuffe Parade, Mumbai- 400059. 400005. आयकर अपील सं/ I.T.A. No.2032/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Dcit-3(4) बिधम/ M/S. Ambuja Cements Ltd 29Th Floor, Center-1, World 3Rd Floor, Elegant Vs. Trade Center, Cuffe Parade, Business Park, Midc Mumbai-400005. Cross, Road B Andheri . East, Mumbai-400059. Cross Objection No. 91/Mum/2023 Arising Out Of I.T.A. No.2032/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) M/S. Ambuja Cements Ltd बिधम/ Dcit-3(4) 3Rd Floor, Elegant Business 29Th Floor, Center-1, Vs. Park, Midc Cross, Road B World Trade Center, Andheri East, Mumbai- Cuffe Parade, Mumbai- 400059. 400005. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacg0569P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Ajay Chandra (Dr) C.O. 90 & 91/Mum/2023 A.Ys. 2008-09 & 2010-11 Ambuja Cements Ltd सुनवाई की तारीख / Date Of Hearing: 11/10/2023 घोषणा की तारीख /Date Of Pronouncement: 11/12/2023 आदेश / O R D E R Per Bench: These Are Appeals Preferred By The Revenue & Respective Cross Objections (‘Co’) Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [In Short ‘Ld. Cit(A)’] Dated 31-03-2023 For Ay 2008-09 & Ay 2010-11 Respectively.

For Appellant: NoneFor Respondent: Shri Ajay Chandra (DR)
Section 115Section 115JSection 143(3)Section 80I

what is the "initial assessment year". Prior to 1-4-2000, section 80IA(12) defined the "initial assessment year" for various types of eligible assessees. However, after the amendment by the Finance Act, 1999, the definition of "initial assessment year" has been specifically taken away. Now, when the assessee exercises