STRIDES PHARMA SCIENCE LIMITED,NAVI MUMBAI vs. DCIT CORPORATE CIRCLE 6(2), CHENNAI

In the result, the appeals of assessee for A

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita No.2380/Chny/2018 िनधा9रण वष9 /Assessment Year: 2009-10 M/S. Shasun Pharmaceuticals Ltd., The Dy. Commissioner Of (Merged With M/S. Strides Shasun Vs. Income Tax, Ltd., Now Known As Strides Pharma Non Corporate Circle-6(1), Science Ltd.,) Chennai. No.28, Batra Centre, Sardar Patel Road, Guindy, Chennai – 600 032. [Pan: Aadcs 8104P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

TDS deducted but not remitted as stipulated in section 201 is not allowable under section 40(a)(ia)." ITA Nos.2380 & 4645/Chny/2018 & ITA Nos.5404, 769 & 2335/Chny/2019 :- 9 -: 2. "On the fact and in the circumstances of the case and in law, the Ld.CIT(A) erred in allowing section 10B

DCIT-15(3)(2), CHENNAI vs. M/S.SHASUN PHARMACEUTICALS PRIVATE LIMITED (MERGED WITH STRIDES SHASUN LIMITED), CHENNAI

In the result, the appeals of assessee for A

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita No.2380/Chny/2018 िनधा9रण वष9 /Assessment Year: 2009-10 M/S. Shasun Pharmaceuticals Ltd., The Dy. Commissioner Of (Merged With M/S. Strides Shasun Vs. Income Tax, Ltd., Now Known As Strides Pharma Non Corporate Circle-6(1), Science Ltd.,) Chennai. No.28, Batra Centre, Sardar Patel Road, Guindy, Chennai – 600 032. [Pan: Aadcs 8104P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

TDS deducted but not remitted as stipulated in section 201 is not allowable under section 40(a)(ia)." ITA Nos.2380 & 4645/Chny/2018 & ITA Nos.5404, 769 & 2335/Chny/2019 :- 9 -: 2. "On the fact and in the circumstances of the case and in law, the Ld.CIT(A) erred in allowing section 10B

STRIDES PHARMA SCIENCE LTD.,MUMBAI vs. DCIT, CC - 6 (2), CHENNAI

In the result, the appeals of assessee for A

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita No.2380/Chny/2018 िनधा9रण वष9 /Assessment Year: 2009-10 M/S. Shasun Pharmaceuticals Ltd., The Dy. Commissioner Of (Merged With M/S. Strides Shasun Vs. Income Tax, Ltd., Now Known As Strides Pharma Non Corporate Circle-6(1), Science Ltd.,) Chennai. No.28, Batra Centre, Sardar Patel Road, Guindy, Chennai – 600 032. [Pan: Aadcs 8104P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

TDS deducted but not remitted as stipulated in section 201 is not allowable under section 40(a)(ia)." ITA Nos.2380 & 4645/Chny/2018 & ITA Nos.5404, 769 & 2335/Chny/2019 :- 9 -: 2. "On the fact and in the circumstances of the case and in law, the Ld.CIT(A) erred in allowing section 10B

TURBO ENERGY LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.351/Mds/2013 & Ita Nos.316 & 317/Mds/2014 िनधा"रण वष" /Assessment Year: 2007-08 & Ays 2008-09 & 2009-10

10B units also. Therefore, we do not find any infirmity in the order of the Ld.CIT(A) and the order of the Ld.CIT(A) is confirmed. The appeal of the Revenue is dismissed. 6.0 Ground No.5 in Revenue’s appeal for the AY 2007-08 is addition of Rs.77.99 lakhs relating to loss on forward contracts. This issue is involved

TURBO ENERGY LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.351/Mds/2013 & Ita Nos.316 & 317/Mds/2014 िनधा"रण वष" /Assessment Year: 2007-08 & Ays 2008-09 & 2009-10

10B units also. Therefore, we do not find any infirmity in the order of the Ld.CIT(A) and the order of the Ld.CIT(A) is confirmed. The appeal of the Revenue is dismissed. 6.0 Ground No.5 in Revenue’s appeal for the AY 2007-08 is addition of Rs.77.99 lakhs relating to loss on forward contracts. This issue is involved

DCIT, CHENNAI vs. M/S. TURBO ENERGEY LIMITED, CHENNAI

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.351/Mds/2013 & Ita Nos.316 & 317/Mds/2014 िनधा"रण वष" /Assessment Year: 2007-08 & Ays 2008-09 & 2009-10

10B units also. Therefore, we do not find any infirmity in the order of the Ld.CIT(A) and the order of the Ld.CIT(A) is confirmed. The appeal of the Revenue is dismissed. 6.0 Ground No.5 in Revenue’s appeal for the AY 2007-08 is addition of Rs.77.99 lakhs relating to loss on forward contracts. This issue is involved

DCIT, CHENNAI vs. M/S. TURBO ENERGEY LIMITED, CHENNAI

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.351/Mds/2013 & Ita Nos.316 & 317/Mds/2014 िनधा"रण वष" /Assessment Year: 2007-08 & Ays 2008-09 & 2009-10

10B units also. Therefore, we do not find any infirmity in the order of the Ld.CIT(A) and the order of the Ld.CIT(A) is confirmed. The appeal of the Revenue is dismissed. 6.0 Ground No.5 in Revenue’s appeal for the AY 2007-08 is addition of Rs.77.99 lakhs relating to loss on forward contracts. This issue is involved

DCIT, CHENNAI vs. TURBO ENERGY LIMITED, CHENNAI

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.351/Mds/2013 & Ita Nos.316 & 317/Mds/2014 िनधा"रण वष" /Assessment Year: 2007-08 & Ays 2008-09 & 2009-10

10B units also. Therefore, we do not find any infirmity in the order of the Ld.CIT(A) and the order of the Ld.CIT(A) is confirmed. The appeal of the Revenue is dismissed. 6.0 Ground No.5 in Revenue’s appeal for the AY 2007-08 is addition of Rs.77.99 lakhs relating to loss on forward contracts. This issue is involved

TURBO ENERGY LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.351/Mds/2013 & Ita Nos.316 & 317/Mds/2014 िनधा"रण वष" /Assessment Year: 2007-08 & Ays 2008-09 & 2009-10

10B units also. Therefore, we do not find any infirmity in the order of the Ld.CIT(A) and the order of the Ld.CIT(A) is confirmed. The appeal of the Revenue is dismissed. 6.0 Ground No.5 in Revenue’s appeal for the AY 2007-08 is addition of Rs.77.99 lakhs relating to loss on forward contracts. This issue is involved

DCIT, CHENNAI vs. M/S. TURBO ENERGEY LIMITED, CHENNAI

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.351/Mds/2013 & Ita Nos.316 & 317/Mds/2014 िनधा"रण वष" /Assessment Year: 2007-08 & Ays 2008-09 & 2009-10

10B units also. Therefore, we do not find any infirmity in the order of the Ld.CIT(A) and the order of the Ld.CIT(A) is confirmed. The appeal of the Revenue is dismissed. 6.0 Ground No.5 in Revenue’s appeal for the AY 2007-08 is addition of Rs.77.99 lakhs relating to loss on forward contracts. This issue is involved

VISUAL GRAPHICS COMPUTING SERVICES INDIA (P) LTD,CHENNAI vs. ACIT CO CLE III (4), CHENNAI

In the result, the appeal of the assessee is partly allowed for 28

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No.2340/Mds/2012 "नधा"रण वष" /Assessment Year : 2008-2009

10B of the Act could be set off against normal business income. We are therefore of the opinion that assessee has to succeed in ground No.5. Ground No.5 stands allowed. Vide its ground No.6, grievance of the assessee is that a 9. portion of its provision made for expenditure was disallowed by the ld. Assessing Officer. Ld. Authorised Representative submitted

AVALON TECHNOLOGIES (P) LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals filed by the assessee for assessment year 2009-10 in ITA No

Bench: Shri Mahavir Singhand Dr. M.L. Meena

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB of the Act. This view was taken by the courts in the following cases: Income-tax Officer – Ward

AVALON TECHNOLOIGES (P) LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals filed by the assessee for assessment year 2009-10 in ITA No

Bench: Shri Mahavir Singhand Dr. M.L. Meena

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB of the Act. This view was taken by the courts in the following cases: Income-tax Officer – Ward

DCIT, CHENNAI vs. AVALON TECHNOLOGIES P. LTD.,, CHENNAI

In the result, the appeals filed by the assessee for assessment year 2009-10 in ITA No

Bench: Shri Mahavir Singhand Dr. M.L. Meena

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB of the Act. This view was taken by the courts in the following cases: Income-tax Officer – Ward

FAIVELEY TRANSPORT TECHNOLOGIES INDIA PVT. LTD.,HOSUR vs. ACIT, CORPORATE CIRCLE-1(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI S.R. RAGHUNATHA (Accountant Member)

TDS deducted. e) Amount payable at the end of the financial year. The assessee vide letter dated 21/22.01.2021 (Pg 32 of paper book) has submitted following details with required annexure:- a Nature of business and activities undertaken Annexure 5.1 ITA No.1598 /Chny/2024 b Separate books of accounts Annexure 5.2 List of business premises and godowns Submission made

VEERAMANI MUTHUKUMARASAMY,KADALADI vs. ITO , CIT(A) , NFAC , DELHI

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

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1110/Chny/2022 िनधा"रण वष"/Assessment Year: 2019-20 Veeramani Muthukumarasamy, Vs. The Income Tax Officer, 2-1, Pullanthai, S. Keeranthai, Ward 1, Ramnad. Kadaladi 623 120, Tamil Nadu. [Pan:Ardpm4941N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Viswanathan, Fca ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.08.2023 घोषणा की तारीख /Date Of Pronouncement : 23.08.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 27.10.2022 Relevant To The Assessment Year 2019-20. 2. The Appeal Filed By The Assessee Is Delayed By One Day In Filing The Appeal Before The Tribunal, For Which, The Assessee Has Filed A Petition For Condonation Of The Delay In The Form Of An Affidavit, To Which; The Ld. Dr

10B) of the Act, ₹.37,000/- as deduction under section 80D of the Act, ₹.39,077/- and ₹.48,329/- as deduction under section 10 of the Act claiming refund of ₹.10,95,730/- out of the TDS

M/S. NUMERIC POWER SYSTEMS LTD., NOW KNOWN AS,CHENNAI vs. ITO (OSD),, CHENNAI

In the result, the appeal filed by the assessee in ITA

Bench: Shri A. Mohan Alankamony & Shri G. Pavan Kumar

10B reads as under:- :- 5 -: ‘’This section applies to the undertaking, if the sale proceeds of articles or things or computer software exported out of India are received in, or brought into, India by the assessee inconvertible foreign exchange, within a period of six months from the end of the previous year or, within such further period as the competent

COGNIZANT TECHNOLOGY SOLUTIONS INDIA PRIVATE LIMITED,CHENNAI vs. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 1(1),, CHENNAI

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita Nos.1193, 1194, 1205, 1206 & 1207/Chny/2024 ("नधा"रण वष" / Assessment Years: 2010-11, 2011-12, 2012-13, 2013-14 & 2014-15) Vs Cognizant Technology Solutions The Asst. Commissioner India Pvt. Ltd., Of Income Tax, No.5/535, Okkiam Thoraipakkam, Central Circle 1(1), Old Mahabalipuram Road, Chennai. Chennai – 600 096. Pan : Aaacd 3312M (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita Nos.1262, 1263, 1264, 1265 & 1266/Chny/2024 ("नधा"रण वष" / Assessment Years: 2010-11, 2011-12, 2012-13, 2013-14 & 2014-15) Vs The Asst. Commissioner Of Cognizant Technology Income Tax, Solutions India Pvt. Ltd., Central Circle 1(1), No.5/535, Okkiam Chennai. Thoraipakkam, Old Mahabalipuram Road, Chennai – 600 096. Pan : Aaacd 3312M (अपीलाथ"/Appellant) (""यथ"/Respondent)

TDS under section 195 of the Act. - Issue covered in assessee’s own case in favour of the assessee during the A.Y. 2009-10 by the Chennai ITAT in ITA No.1798/Mds/2014 reference in this regard is made to Page No. 310 (Para No.27) of the case law paper book. 21. We have heard both the parties and perused the records