“weighted deduction”

Ants Ceramics P Ltd, Mumbai vs. Pr.CIT-1, Thane

In the result, the appeals of the assessee are hereby allowed

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 970/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2017-18) & आयकर अपील सं/ I.T.A. No. 971/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2016-17) बनधम/ Ants Ceramics Pvt. Ltd. Pcit, Thane-1 B Wing, Ashar It Park, 6Th 1 Jivdani Ind. Estate No.1, Vs. Off. Western Express Floor, Road No.16Z, Highway, Dhumal Nagar, Wagle Industrial Estate, Vasai Road (E), 401208. Thane (W), Thane, Maharashtra-400604. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aafca3194D (प्रत्यथी / Respondent) (अपीलाथी /Appellant) .. Assessee By: Shri Anil Sathe Revenue By: Ms. Shailja Rai (Dr) सुनवाई की तारीख / Date Of Hearing: 03/01/2022 घोषणा की तारीख /Date Of Pronouncement: 01/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Principal Commissioner Of Income Tax, Thane-1 [Hereinafter Referred To As The “Pcit”] Relevant To The A.Ys.2016-17 & 2017-18 In Which The Principal Commissioner Of Income Tax [Hereinafter Referred To As The “Pcit”] Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. Ita. No. 971/Mum/2021 2. The Assessee Has Filed The Present Appeal Against The Order Dated 22.03.2021 Passed By The Principal Commissioner Of Income Tax, Thane- Relevant To The A.Y.2016-17 In Which The Principal Commissioner Of Income Tax Has Invoked The Revisional Power U/S 263 Of The I.T. Act, 1961. 2

income on 16.10.2016 declaring total loss to the tune of Rs.10,11,928/- after claiming 3 ITA. No.970/Mum/2021 A.Ys.2016-17 & 2017-18 weighted deduction of Rs.56,15,494/- u/s 35(2AB) of the I. T. Act. The case was selected for scrutiny under CASS. Thereafter, the assessment was completed

Aarti Industrial Ltd., Mumbai vs. DCIT - 15(1)(1), Mumbai

In the result, appeal filed by the assesse is allowed for statistical purpose and appeal filed by the revenue is partly allowed for statistical purpose

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Amarjit Singh, Hon'Bledcit – 15(1)(1) V. M/S. Arti Industries Ltd., Room No. 470, 4Th Floor 71, Udyog Kshetra, 2Nd Floor Aayakar Bhavan, M.K. Road Mulund-Goregoaon Link Road Mumbai - 400020 Mulund(W), Mumbai -400080 Pan: Aabca2787L Appellant Respondent & C.O. No. 145/Mum/2019 [Arising Out Of Ita.No. 3583/Mum/2018 (A.Y. 2014-15)] M/S. Arti Industries Ltd., V. Dcit – 15(1)(1) 71, Udyog Kshetra, 2Nd Floor Room No. 470, 4Th Floor Mulund-Goregoaon Link Road Aayakar Bhavan, M.K. Road Mulund(W), Mumbai -400080 Mumbai - 400020 Pan: Aabca2787L Appellant Respondent Assessee By : Shri Vijay Mehta Revenue By : Ms. Shailaja Rai & Shri Mehul Jain

facts and in the circumstances of the case and in law, the Ld.CIT(A) erred in deleting the addition on account of disallowance~ of weighted deduction u/s. 35(2AB) amounting to Rs.13,97,23,024/-, ignoring that the assessee has failed to produce the copies of agreement entered with ... Vide Ground No. 2, the revenue has challenged the action of the Ld. CIT (A) in deleting the addition on account of disallowance of weighted deduction u/s 35(2AB) amounting to Rs. 4,40,26,667/-. The Ld. DR submitted that since the assessee has failed to provide

Bhavesh Arunkumar Shah, Mumbai vs. Asstt. CIT -19(1), Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadalebhavesh Arunkumar Vs. Acit – 19(1) Shah Matru Mandir G-7, Sarvodaya Nagar, Grant Road, Tardeo, 1St Panjrapole Lane, Cp Mumbai-400007 Tank, Mumbai – 400004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Andps5035M Appellant .. Respondent Appellant By : Mr.Suchek Anchaliya.Ar Respondent By : Mr.C.T. Mathews. Sr. Dr Date Of Hearing 08.03.2022 Date Of Pronouncement 23.03.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals), (Nfac) Delhi Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal.

given a careful consideration to the rival submissions and perused the materials available on record, we note that the assesses has challenged disallowance of weighted deduction of Rs.4,81,25,0007- for A.Y. 2013-14 and disallowance of weighted deduction of Rs.10,50,00,000/-, for A.Y. 2014-15, claimed ... made donation of Rs,2,00,00,000/ to Matrivani and Rs,4,00,00,000/ to SHG and claimed weighted deduction Assessing Officer. We note that not providing the opportunity of crossexamination is against the principle of natural justice and for that we rely of-the judgment

Reliance Industries Ltd, Mumbai vs. Deputy Commissioner of Income Tax Large Taxpayer Unit-2, Mumbai

In the result, the ITA No

case and in law, the ld CIT(A) right in allowing appeal of the assessee and directing the assessing officer to allow the weighted deduction at 200% in respect of R&D expenditure u/s. 35(2AB) of the Act as claimed by the assessee.?‖ 56. So far as this grievance

DCIT (Ltu)-2, Mumbai vs. M/S Reliance Industries Ltd., Mumbai

In the result, the ITA No

case and in law, the ld CIT(A) right in allowing appeal of the assessee and directing the assessing officer to allow the weighted deduction at 200% in respect of R&D expenditure u/s. 35(2AB) of the Act as claimed by the assessee.?‖ 56. So far as this grievance

Reliance Industries Limited, Mumbai vs. ACIT, Mumbai

In the result, the ITA No

case and in law, the ld CIT(A) right in allowing appeal of the assessee and directing the assessing officer to allow the weighted deduction at 200% in respect of R&D expenditure u/s. 35(2AB) of the Act as claimed by the assessee.?‖ 56. So far as this grievance

Asst CIT (Ltu) 2, Mumbai vs. Asian Paints Ltd, Mumbai

In the result, appeal filed by the assessee is partly allowed as directed above

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Asst. Commissioner Income Asian Paints Ltd. Tax, (Large Taxpayer Unit)-2, 6A Shanti Nagar, Cuffe Parade,, 29 Th Floor, Santacruz (East), World Trade Centre, Cuffee Mumbai-400 055 Vs. Parade, Mumbai-400 005 (Respondent) (Appellant) Pan No. Aaaca3622K Asian Paints Ltd. Vs. Addl. Commissioner Of 6A Shanti Nagar, Income Tax-Ltu Cuffe Parade,, 29 Th Floor, Santacruz (East), Mumbai-400 055 World Trade Centre, Cuffee Parade, Mumbai-400 005 (Appellant) (Respondent) Appellant By : Shri Milind Chavan, Sr Dr Respondent By : Shri Madhur Agrawal, Advocate Date Of Hearing: 09.12.2021 Date Of Pronouncement : 23.02 .2022 O R D E R Per Prashant Maharishi, Am: 01. These Are Cross Appeals Filed By Asian Paints Ltd [Appellant/Assessee] & The Additional Commissioner Of Income Tax – Large Taxpayers Unit

revenue and capital expenditure on in-house research and development facilities during the year and therefore assessee claimed that he it is entitled to weighted deduction u/s 35 (2AB) of the income tax act. The assessee incurred an expenditure of ₹ 22.97 crores; however, as per the certificate issued the eligible ... solitary issue relating to the addition of Rs.27.17 lakhs made by the AO and confirmed by the ld. CIT(A) on account of weighted deduction claimed by the assessee u/s 35(2AB) on account of research and development expenditure. 11. Now we shall take up the appeal of the assessee

American Spring & Pressing Works Pvt. Ltd., Mumbai vs. DCIT - 12(1)(1), Mumbai

In the result, appeal of the assessee is allowed for statistical purposes

communicated to the assessee vide letter dated 14/05/2015. During the course of re-assessment proceedings, the ld. AO observed that assessee had claimed weighted deduction of Rs. 5 lakhs u/s.35(1)(ii) of the Act @ 125% of contribution of Rs.4 lakhs made to M/s. Aspee Agricultural Research and Development Foundation ... been rejected vide order dated 2/11/2012 by CBDT. Based on these facts, the ld. AO proceeded to disallow the claim of weighted deduction u/s.35(1)(ii) of Rs.5 lakhs while completing the assessment in the hands of the assessee. This was upheld by the ld. CIT(A). 3.1. During