WHEELS INDIA LTD.,CHENNAI vs. DCIT LTU-2, CHENNAI

The appeal stands partly allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Sonjoy Sarma

801A(5)". During the course of the appellate proceedings, the AR submitted that his claim be considered as per the ruling of the hon'ble Supreme Court's decision in the case of Velayudhaswamy Spinning Mills P Ltd. Vs. ACIT (2012) 340 ITR 477(Mad). The Apex Court, in their order dated 5.9.2016, affirmed the view that loss

DCIT , COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED , ERODE

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपील सं./I.T.A.Nos.333, 334 & 335/Chny/2021 & Ita No.847/Chny/2022 (निर्धारण वर्ष / Assessment Years: 2012-13, 2013-14, 2017-18 & 2016-17) Deputy Commissioner Of Income Tax, Central Circle-2, Coimbatore. (अपीलार्थी/Appellant) Vs M/S. Rpp Infra Projects Limited, Sf No.454, Ragupathynaickenpalayam, Erode-638 002. Pan :Aaacr-9307-E (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से / Appellant By प्रत्यर्थी की ओर से/Respondent By Mr. Shivanand K. Kalakeri, Cit Mr. N.Arjun Raj, Advocate सुनवाई की तारीख /Date Of Hearing घोषणा की तारीख / Date Of Pronouncement 25.02.2025 16.05.2025 आदेश / Order Per Bench: The Captioned Appeals Filed By The Revenue Are Directed Against Separate Orders Of The Ld. Ld. Commissioner Of Income Tax (Appeals)-18 / 19, Chennai [Cit(A)] Dated 24.02.2021 / 06.07.2022 For Assessment Years 2012-13, 2013-14, 2017-18 & 2016-17 Respectively. The Facts As Well As Issues Are Admittedly Identical In All These Years. For The Purpose Of Adjudication, Ay 2012-13 Has Been Taken To Be The Lead Year. 2. The Registry Has Noted Delay Of 127 Days In Filing Three Appeals For Ays 2012-13, 2013-14, 2017-18. Considering The Reasons Stated In The Affidavits By The Revenue, We Condone The Delay & Treat The Reasons As 'Sufficient Cause' & Admit These Appeals For Adjudication.

gains derived from such business for ten consecutive assessment years. Further, sub-section (2) of section 80IA states that the deduction specified in sub-section (1) may, at the option of the assessee, be claimed by him for any ten consecutive assessment years out of fifteen years beginning from the year in which the undertaking or the enterprise develops

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED, ERODE

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपील सं./I.T.A.Nos.333, 334 & 335/Chny/2021 & Ita No.847/Chny/2022 (निर्धारण वर्ष / Assessment Years: 2012-13, 2013-14, 2017-18 & 2016-17) Deputy Commissioner Of Income Tax, Vs M/S. Rpp Infra Projects Central Circle-2, Coimbatore. (अपीलार्थी/Appellant) Limited, Sf No.454, Ragupathynaickenpalayam, Erode-638 002. Pan :Aaacr-9307-E (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे / Appellant By प्रत्यर्थीकीओरसे/Respondent By : Mr. Shivanand K. Kalakeri, Cit : Mr. N.Arjun Raj, Advocate सुनवाईकी तारीख/Date Of Hearing घोषणाकीतारीख / Date Of Pronouncement : 25.02.2025 : 16.05.2025 आदेश / Order Per Bench: The Captioned Appeals Filed By The Revenue Are Directed Against Separate Orders Of The Ld. Ld. Commissioner Of Income Tax (Appeals)-18 / 19, Chennai [Cit(A)] Dated 24.02.2021 / 06.07.2022 For Assessment Years 2012-13, 2013-14, 2017-18 & 2016-17 Respectively. The Facts As Well As Issues Are Admittedly Identical In All These Years. For The Purpose Of Adjudication, Ay 2012-13 Has Been Taken To Be The Lead Year. 2. The Registry Has Noted Delay Of 127 Days In Filing Three Appeals For Ays 2012-13, 2013-14, 2017-18. Considering The Reasons Stated In The Affidavits By The Revenue, We Condone The Delay & Treat The Reasons As 'Sufficient Cause' & Admit These Appeals For Adjudication.

gains derived from such business for ten consecutive assessment years. Further, sub-section (2) of section 80IA states that the deduction specified in sub-section (1) may, at the option of the assessee, be claimed by him for any ten consecutive assessment years out of fifteen years beginning from the year in which the undertaking or the enterprise develops

DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

7. The CIT(Appeals) observed that according to the AO, the assessee has not proved the existence of any business compulsion or commercial expediency warranting making such huge advances commensurate with the returns received from 15 - - ITA 1695 to 1697 & CO 84/Mds/14 the sister concerns. Since the funds are interest bearing which are placed at the disposal of sister concerns

DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

7. The CIT(Appeals) observed that according to the AO, the assessee has not proved the existence of any business compulsion or commercial expediency warranting making such huge advances commensurate with the returns received from 15 - - ITA 1695 to 1697 & CO 84/Mds/14 the sister concerns. Since the funds are interest bearing which are placed at the disposal of sister concerns

DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

7. The CIT(Appeals) observed that according to the AO, the assessee has not proved the existence of any business compulsion or commercial expediency warranting making such huge advances commensurate with the returns received from 15 - - ITA 1695 to 1697 & CO 84/Mds/14 the sister concerns. Since the funds are interest bearing which are placed at the disposal of sister concerns

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED, ERODE

In the result, all these four appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

gains derived from such business for ten consecutive assessment years. Further, sub-section (2) of section 80IA states that the deduction specified in sub-section (1) may, at the option of the assessee, be claimed by him for any ten consecutive assessment years out of fifteen years beginning from the year in which the undertaking or the enterprise develops

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, COIMBATORE vs. M/S. RP INFRA PROJECTS LIMITED, ERODE

In the result, all these four appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

gains derived from such business for ten consecutive assessment years. Further, sub-section (2) of section 80IA states that the deduction specified in sub-section (1) may, at the option of the assessee, be claimed by him for any ten consecutive assessment years out of fifteen years beginning from the year in which the undertaking or the enterprise develops

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI vs. ASHOK LEYLAND LIMITED, CHENNAI

In the result, appeal filed by the assessee is partly allowed and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

capital exp. to Rs. 1,31,82,06,765, thereby disallowing a claim of Rs. 40,21,77,735. 5.3. The CIT(A)-NFAC ought to have appreciated that the CIT(A)-NFAC cannot disallow deduction claimed by the Appellant in respect of weighted deduction on R&D expenditure as approved by DSIR. Once such expenditure has been quantified

DCIT, CHENNAI vs. M/S. NEYVELI LIGNITE CORPORATION LIMITED, NEYVELI

In the result, the appeals of the Revenue as well as the appeal of the assessee are partly allowed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh

7 -: submissions made before the Ld.CIT(A) for the AY 2007-08 which is extracted from the order of the Ld.CIT(A) in Para No.5 as under: a. The lignite is excavated at level of, where the water intrusion and force will be at high rate. The observation bore wells are dug around to the spot of lignite excavating area

NEYVELI LIGNITE CORPORATION LTD.,CUDDALORE vs. DCIT, CHENNAI

In the result, the appeals of the Revenue as well as the appeal of the assessee are partly allowed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh

7 -: submissions made before the Ld.CIT(A) for the AY 2007-08 which is extracted from the order of the Ld.CIT(A) in Para No.5 as under: a. The lignite is excavated at level of, where the water intrusion and force will be at high rate. The observation bore wells are dug around to the spot of lignite excavating area

DCIT, CHENNAI vs. M/S. NEYVELI LIGNITE CORPORATION LIMITED, NEYVELI

In the result, the appeals of the Revenue as well as the appeal of the assessee are partly allowed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh

7 -: submissions made before the Ld.CIT(A) for the AY 2007-08 which is extracted from the order of the Ld.CIT(A) in Para No.5 as under: a. The lignite is excavated at level of, where the water intrusion and force will be at high rate. The observation bore wells are dug around to the spot of lignite excavating area

DCIT, CHENNAI vs. M/S. NEYVELI LIGNITE CORPORATION LIMITED, NEYVELI

In the result, the appeals of the Revenue as well as the appeal of the assessee are partly allowed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh

7 -: submissions made before the Ld.CIT(A) for the AY 2007-08 which is extracted from the order of the Ld.CIT(A) in Para No.5 as under: a. The lignite is excavated at level of, where the water intrusion and force will be at high rate. The observation bore wells are dug around to the spot of lignite excavating area

DCIT, CHENNAI vs. NEYVELI LIGNITE CORPORATION LIMITED, NEYVELI

In the result, the appeals of the Revenue as well as the appeal of the assessee are partly allowed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh

7 -: submissions made before the Ld.CIT(A) for the AY 2007-08 which is extracted from the order of the Ld.CIT(A) in Para No.5 as under: a. The lignite is excavated at level of, where the water intrusion and force will be at high rate. The observation bore wells are dug around to the spot of lignite excavating area

LOTUS FOOTWEAR ENTERPRISES LIMITED-INDIA BRANCH,TIRUVANNAMALAI vs. DCIT, INTERNATIONAL TAX 1(2), CHENNAI

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./It(Tp)A No.: 20/Chny/2021 &

7%, 9%, 21% and 17% in the assessment years 2011-12, 2013-14, 2014-15, 2015-16 and 2016-17 respectively. In the assessment year 2012-13, there was a small reduction in revenue by 3% from Rs.64,21,36,965/- to Rs.62,32,14,978/-. Revenue from the new Unit in the said year was Rs.60

DCIT, CHENNAI vs. CHETTINAD BUILDERS PVT. LTD., CHENNAI

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

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

Section 801A(S) as per the Special Bench decision of Ahmedabad Tribunal in the case of M/s.Goldmine Shares & Finance Private Ltd (2008) 113 1TD 209. 4.3 The learned CIT(A) ought to have- appreciated the fact that the decision of the jurisdictional High Court in the case of Velayudhaswamy Spinning Mills Private Limited

VA TECH WABAG LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal is allowed for statistical purposes

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

gains of development of infrastructural facilities. 4.2 The Honble DRP ought to have appreciated that some of the works executed by the assessee were related to expansion of already existing infrastructure facilities, which does not satisfy the condition that, for claiming deduction u/s 801A, the infrastructure projects should be a new one. 4.3 The Hon'ble DRP failed to appreciate

DCIT, CHENNAI vs. V.A. TECH WABAG LIMITED, CHENNAI

Appeal is allowed for statistical purposes

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

gains of development of infrastructural facilities. 4.2 The Honble DRP ought to have appreciated that some of the works executed by the assessee were related to expansion of already existing infrastructure facilities, which does not satisfy the condition that, for claiming deduction u/s 801A, the infrastructure projects should be a new one. 4.3 The Hon'ble DRP failed to appreciate

NLC INDIA LTD.,NEYVELI vs. DCIT LTU II, CHENNAI

In the result, the appeals filed by the Revenue for both assessment years are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 868 & 869/Chny/2018 िनधा"रण वष" / Assessment Years: 2013-14 & 2014-15 M/S. Nlc India Ltd., The Dcit, (Formerly Known As Neyveli V. Company Circle Vi(4), Lignite Corporation Ltd.), Chennai. Block-1, Corporate Office, Neyveli Township, Cuddalore District, Neyveli – 607 801. Pan: Aaacn1121C (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita Nos.: 952 & 953/Chny/2018 िनधा"रण वष" / Assessment Years: 2013-14 & 2014-15 The Dcit, M/S. Nlc India Ltd., Company Circle Vi(4), V. (Formerly Known As Neyveli Chennai. Lignite Corporation Ltd.), Block-1, Corporate Office, Neyveli Township, Cuddalore District, Neyveli – 607 801. Pan: Aaacn1121C (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रतीक" ओर से/Assessee By : Shri Raghavan Ramabadran, Ca : राज"कीओरसे /Revenue By Shri G. Srinivasa Rao, Cit

801A in respect of TPS-l expansion unit by placing reliance on its ITAT order in the assessee’s own case for the AY 2001-02 and 2008- 09 to 2010-li. 3. The learned CIT(A) has erred in allowing the depreciation @ 60% on UPS holding it as part of computer as against 15% allowed by the Assessing officer