M/S DSM SINOCHEM PHARMACEUTICALS INDIA PVT. LTD. ,TOANSA vs. DCIT, C-1(1), CHANDIGARH

In the result, appeal of the assessee is partly allowed

Bench: Shri N.K. Saini, Vice- & Shri Vikas Awasthyआअसं. 253/ चंडीगढ़/2016(िन.व. 2011-12)

section 144(C)(13) r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for Assessment Years (AY) 2011-12 & 2014- 15, respectively. Since, the issues raised in grounds of appeal for both the impugned AYs are identical, these appeals are taken up together for adjudication and are decided by this common order

DCIT, CIRCLE, PANCHKULA vs. M/S HARYANA VIDYUT PRASARAN NIGAM LTD., PANCHKULA

In the result, appeal is dismissed

Bench: Shri Krinwant Sahay & Shri Paresh M. Joshi

section 14A of the Act for the reasons that there was no exempt income claimed by the assessee, therefore, no disallowance could have been made for the expenses. 10. On the similar issue the Hon'ble Jurisdictional High Court in the case of CIT Vs. Winsome Textile Industries Ltd. (2009) 319ITR 204

DCIT-CC-III, LUDHIANA vs. M/S LAXMI ENERGY & FOODS LTD.,, CHANDIGARH

In the result, the appeal of the Revenue is dismissed

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 33/Chd/2021 "नधा"रण वष" / Assessment Year: 2011-12 The Dcit, Vs. M/S Laxmi Energy & Foods बनाम Ltd., Central Circle-Iii, Sco 18-19, Sector 9-D, Ludhiana Ludhiana "थायी लेखा सं./Pan No: Aaacl3147J अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 06.06.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 10.07.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.:

section 14A is triggered for disallowance of expenditure incurred which is relatable to tax exempt income even though no tax exempt income under the Act has been earned during a particular year?" 4. The Appellant craves leave to add or amend the grounds of appeal on or before is heard and disposed off. 2. Appeal on Ground

DY. COMMISSIONER OF INCOME TAX, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, FOCAL POINT

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4,, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, LUDHIANA, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

DCIT CIRCLE-4, LUDHIANA, LUDHIANA vs. ROCKMAN INDUSTRIES LTD, LUDHIANA

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, LUDHIANA, - vs. ROCKMAN INDUSTRIES LTD, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, , AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u/s 14A made by him. The Ld. AO has failed to calculate the MAT credit u/s 115JB and 6. considered the credit available to the company while creating the demand on the above addition. 7. The appellant craves leave for reserving the right to amend, modify or add any ground (s) of appeal at any time or during

M/S STYLAM INDUSTRIES LTD.,CHANDIGARH vs. DCIT, C-1(1), CHANDIGARH

In the result, the Department’s appeal in for assessment year

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

204, wherein also, it was held that the assessee had admittedly not made any claim for exemption and, therefore, Section 14A could have no application. Moreover, as contended on behalf of the assessee and not disputed by the ITA Nos. 1033 & 960/2017 & ITA Nos. 389 & 394/CHD/2019 18 Department, in the assessee's own case for assessment year 2011-12, vide

DCIT, C-1(1), CHANDIGARH vs. M/S STYLAM INDUSTRIES LTD., CHANDIGARH

In the result, the Department’s appeal in for assessment year

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

204, wherein also, it was held that the assessee had admittedly not made any claim for exemption and, therefore, Section 14A could have no application. Moreover, as contended on behalf of the assessee and not disputed by the ITA Nos. 1033 & 960/2017 & ITA Nos. 389 & 394/CHD/2019 18 Department, in the assessee's own case for assessment year 2011-12, vide

M/S STYLAM INDUSTRIES LTD.,CHANDIGARH vs. DCIT, C-1(1), CHANDIGARH

In the result, the Department’s appeal in for assessment year

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

204, wherein also, it was held that the assessee had admittedly not made any claim for exemption and, therefore, Section 14A could have no application. Moreover, as contended on behalf of the assessee and not disputed by the ITA Nos. 1033 & 960/2017 & ITA Nos. 389 & 394/CHD/2019 18 Department, in the assessee's own case for assessment year 2011-12, vide

DCIT, C-1(1), CHANDIGARH vs. M/S STYLAM INDUSTRIES LTD., CHANDIGARH

In the result, the Department’s appeal in for assessment year

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

204, wherein also, it was held that the assessee had admittedly not made any claim for exemption and, therefore, Section 14A could have no application. Moreover, as contended on behalf of the assessee and not disputed by the ITA Nos. 1033 & 960/2017 & ITA Nos. 389 & 394/CHD/2019 18 Department, in the assessee's own case for assessment year 2011-12, vide

THE SHAHABAD COOP. SUGAR MILLS,SHAHABAD vs. ACIT, CIRCLE, KURUKSHETRA

Bench: Us In Terms Of Section 253 Of The Income Tax Act, 1961. 2. The Assessee Being Aggrieved By The Order Of Ld. Cit(A) Dt. 11/03/2018 Which Is Hereinafter Referred To As The Impugned Order, Before This Tribunal In Form No. 36 Has Interalia Raised The Following Grounds Of Appeal:

disallowance is warranted under section 14A. Reliance is place on the judgment of the Hon'ble Punjab and Haryana High Court in CIT V/s Winsome Textile Industries Ltd. 319 ITR 204

DCIT, C-1(1), CHANDIGARH vs. UNIPRO TECHNO INFRASTRUCTURE PRIVATE LIMITED, CHANDIGARH

In the result, appeal of the Department is dismissed

section 14A or Rule 8D does not depend on earning of income as held by Supreme Court in the case of CIT vs. Rajender Prasad Moody (1978), 115 ITR 519. 4. The Ld. CIT(A) has erred in following the decisions of Hon'ble High Courts whose facts were distinguishable from the taxpayers, ignoring the principal of apportionment regardless

M/S IOL CHEMICALS AND PHARMACEUTICALS LTD.,LUDHIANA vs. ADDL. CIT, R-I, LUDHIANA

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

section 36(1)(iii) of the Act which was worked out @13% on Rs. 2,06,24,284/- 5. Being aggrieved the assessee carried the matter to the Ld. CIT(A) and submitted as under: GROUND No. 1 Disallowance of interest u/s 36(1)(iii) Regarding the disallowance of interest u/s 36(l)iii), it is submitted that the debit