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10 results for “capital gains”+ Section 801A(8)clear

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Mumbai130Delhi75Ahmedabad58Hyderabad32Kolkata25Chennai24Visakhapatnam12Jaipur11Cuttack10Indore10Bangalore10Pune9Chandigarh6Rajkot5Raipur5Dehradun4Jodhpur3Lucknow2Cochin2Calcutta1Guwahati1

Key Topics

Section 80H33Section 10A18Deduction10Addition to Income6Section 24Section 303Section 80I3Section 803Section 1473Exemption

M/S. TATA ELXSI LIMITED,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, CIRCLE-7(1)(1), BANGALORE

ITA 975/BANG/2023[2020-2021]Status: DisposedITAT Bangalore08 Jan 2024AY 2020-2021

Bench: Shri George George K. & Shri Chandra Poojari

Section 10ASection 30Section 80ASection 80HSection 80I

801A has to be determined on the total income computed after deducting all deductions allowable u/s.30 to 43D of the Act. Thus even for the A.Y 1997-98, in the case of Plastiblends (supra) and without reference to section 80AB, Hon'ble High Court rendered the decision after discussing the scope of profit and gains derived and held that

TATA ELXSI LIMITED ,BANGALORE vs. DEPUTY COMMISIONER INCOMER TAX, CIRCLE-7(1)(1), BANGALORE

Accordingly, the appeal filed by the assessee is partly allowed for statistical purposes

3
Section 2502
Depreciation2
ITA 1152/BANG/2023[2018-19]Status: DisposedITAT Bangalore28 Feb 2024AY 2018-19

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Tata Elxsi Ltd., The Deputy 126, Itpb Road, Commissioner Hoody, Of Income Tax, Whitefield, Circle – 7(1)(1), Bangalore – 560 048. Bangalore. Vs. Pan: Aaact7872Q Appellant Respondent

For Appellant: Shri Padam Chand Khincha, CAFor Respondent: Shri Subramanian .S, JCIT DR
Section 10ASection 10A(9)Section 250

801A of the Act (and not section 80HH)and therefore decision in the case of Vijay Industries is not applicable as the deduction is now allowable from the profits and gains profits and gain derived from the undertaking in the case of 10AA/801A for the year under consideration, unlike from profits and gains as in section 80HH. Moreover, relying

M/S. TATA ELXSI LIMITED., ,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, CIRCLE-7(1)(1), BANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 927/BANG/2023[2016-17]Status: DisposedITAT Bangalore08 Jan 2024AY 2016-17

Bench: Shri George George K. & Shri Chandra Poojari

For Appellant: Shri Padam Chand Kincha, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 10ASection 30Section 80ASection 80H

801A of the Act (and not section 80HH)and therefore decision in the case of Vijay Industries is not applicable as the deduction is now allowable from the profits and gains profits and gain derived from the undertaking in the case of 10AA/801A for the year under consideration, unlike from profits and gains as in section 80HH. Moreover, relying

M/S JINDAL ALUMINIUM LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee stands dismissed

ITA 919/BANG/2014[2005-06]Status: DisposedITAT Bangalore28 Sept 2017AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Jason P. Boazassessment Year : 2005-06

For Appellant: Shri S. Parthasarathi, AdvocateFor Respondent: Shri Harinder Kumar, CIT(A)-3
Section 142ASection 143(3)Section 147Section 80

8. The learned CIT (Appeals) ought to have appreciated that estimation of value of the property was not conclusive for Page 3 of 19 reopening the assessment under Section 147 of the Act as held by the Hon'ble Supreme Court and consequently the reassessment based upon such value was opposed to law and accordingly he ought to have cancelled

ACIT, BANGALORE vs. M/S. ABB LIMITED, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 896/BANG/2008[2002-03]Status: DisposedITAT Bangalore23 Jul 2021AY 2002-03

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

M/S. ABB LIMITED(FORMERLY ASEA BROWN BOVERI LIMITED),BANGALORE vs. ACIT, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 791/BANG/2008[2003-04]Status: DisposedITAT Bangalore23 Jul 2021AY 2003-04

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

M/S. ABB LIMITED(FORMERLY ASEA BROWN BOVERI LIMITED),BANGALORE vs. DCIT, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 790/BANG/2008[2002-03]Status: DisposedITAT Bangalore23 Jul 2021AY 2002-03

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

ACIT, BANGALORE vs. M/S. ABB LIMITED, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

ITA 897/BANG/2008[2003-04]Status: DisposedITAT Bangalore23 Jul 2021AY 2003-04

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

For Appellant: Shri. Percy Pardiwala, Sr. AdvocateFor Respondent: Shri. K. V. Aravind, Standing Counsel
Section 2Section 80H

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

M/S. ABB LIMITED(FORMERLY ASEA BROWN BOVERI LIMITED),BANGALORE vs. ACIT, BANGALORE

In the result, the revenue’s appeal is dismissed

ITA 562/BANG/2007[2001-02]Status: DisposedITAT Bangalore04 Mar 2021AY 2001-02

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2001-02

For Appellant: Shri Percy Pardiwalla, Sr. CounselFor Respondent: Shri Dilip, Sr. Standing Counsel for the Dept
Section 80Section 80H

gain is required to be taken as part of the export turnover as well apart from being taken as part of business profits. In so far as octroi refund amount is concerned, the submission of the appellant's representative reveal that it is a refund of payment of octroi made earlier both on purchases of raw material as well

ACIT, BANGALORE vs. M/S. ABB LIMITED, BANGALORE

In the result, the revenue’s appeal is dismissed

ITA 755/BANG/2007[2001-02]Status: DisposedITAT Bangalore04 Mar 2021AY 2001-02

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2001-02

For Appellant: Shri Percy Pardiwalla, Sr. CounselFor Respondent: Shri Dilip, Sr. Standing Counsel for the Dept
Section 80Section 80H

gain is required to be taken as part of the export turnover as well apart from being taken as part of business profits. In so far as octroi refund amount is concerned, the submission of the appellant's representative reveal that it is a refund of payment of octroi made earlier both on purchases of raw material as well