M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

section 37(1) of the Act, expenditure should be incurred for the purpose of the business which is carried on by the assessee in the previous year and profits of which are to be computed and assessed. However, during the appellate proceedings, assessee has stressed only to justify that the claimed expenditure cannot be disallowed

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

section 37(1) of the Act, expenditure should be incurred for the purpose of the business which is carried on by the assessee in the previous year and profits of which are to be computed and assessed. However, during the appellate proceedings, assessee has stressed only to justify that the claimed expenditure cannot be disallowed

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

section 37(1) of the Act, expenditure should be incurred for the purpose of the business which is carried on by the assessee in the previous year and profits of which are to be computed and assessed. However, during the appellate proceedings, assessee has stressed only to justify that the claimed expenditure cannot be disallowed

M/S SJVN LTD. ( FORMERLY SATLUJ JAL VIDYUT NIGAM LIMITED),SHIMLA vs. DCIT, CIRCLE, SHIMLA

disallowance under Explanation 2 to Section 37(1) comes into play, but, as for latter, there is no such disabling

ACIT, CIRCLE, SHIMLA vs. M/S SATLUJ JAL VIDYUT NIGAM LIMITED, SHIMLA

disallowance under Explanation 2 to Section 37(1) comes into play, but, as for latter, there is no such disabling

M/S SJVN LTD. ( FORMERLY SATLUJ JAL VIDYUT NIGAM LIMITED),SHIMLA vs. DCIT, CIRCLE, SHIMLA

disallowance under Explanation 2 to Section 37(1) comes into play, but, as for latter, there is no such disabling

DCIT, C-V, LUDHIANA vs. M/S HERO CYCLES LTD., LUDHIANA

In the result, appeal of the Department is dismissed and the appeal of the assessee is allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 588/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 The DCIT C-V, Ludhiana बनाम M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P अपीलार्थी/Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / ITA No. 473/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana बनाम The ACIT C-V, Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P

section 14A by inserting a non-obstante clause and Explanation will take effect from 1-4-2022 and cannot be presumed to have retrospective effect. Therefore objection of Ld. DR is overruled as in this case assessment year involved is 2012-13. As far as the contention of Ld. AR that the suo-moto disallowance under rule

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ACIT, LUDHIANA vs. M/S MRS. BECTORS FOOD SPECIALTIES PVT. LTD., LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

DSM SINOCHEM PHARMACEUTICALS INDIA PRIVATE LIMITED,NAWANSHAHR vs. DCIT, 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 37 of the Act as business expenditure. Since, we have accepted the contentions raised by the assessee in ground no. 2 & 3 of the appeal, the alternate prayer made by the 7 आअसं.253/ चंडीगढ़/2016(िन.व.2011-12) आअसं.1592/ चंडीगढ़/2018(िन.व.2014-15) ITA NO.253/Chd./2026 (A.Y.2011-12) ITA NO.1592/Chd./2018 (A.Y.2014-15) assessee in ground

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 37 of the Act as business expenditure. Since, we have accepted the contentions raised by the assessee in ground no. 2 & 3 of the appeal, the alternate prayer made by the 7 आअसं.253/ चंडीगढ़/2016(िन.व.2011-12) आअसं.1592/ चंडीगढ़/2018(िन.व.2014-15) ITA NO.253/Chd./2026 (A.Y.2011-12) ITA NO.1592/Chd./2018 (A.Y.2014-15) assessee in ground

IND SWIFT LABORATORIES LTD.,CHANDIGARH vs. DCIT, CIRCLE 1(1), CHANDIGARH

In the result, the appeal is allowed, as indicated

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

section 35(2AB) of the Act ignoring the suo motu disallowance of Rs.10,51,71,451/- made by the assessee on account of research development expenditure claimed in the profit and loss and the said action of the AO will lead to double addition of the same amount in the hands of the assessee. 6. i) On the facts

M/S GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. DCIT, CHANDIGARH

In the result, the appeal of the assessee is partly allowed

disallowed wholly or partly because it would incidentally benefit a third person once the requirements of Section 37(1) were

THE JABO MAJRO CO-OPERATIVE LABOUR AND CONSTRUCTION SOCIETY LTD.,MALERKOTLA vs. ITO, MALERKOTLA

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

disallowances sustained by the Ld. CIT(A) are deleted. 10. Vide Ground No. 5 the grievance of the assessee relates to the sustenance of addition of Rs. 16,000/-. 11. Facts related to this issue in brief are that the impugned addition was made while passing the intimation under section 143(1) of the Act. 12. Being aggrieved the assessee