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25 results for “capital gains”+ Section 801A(7)clear

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Key Topics

Section 14A44Section 80I28Disallowance19Deduction15Section 8011Addition to Income9Section 10A8Depreciation8Section 143(3)5Section 147

TITAN COMPANY LIMITED,HOSUR vs. ASSISTANT COMMISSIONER OF INCOME TAX - LTU 2 (IC), CHENNAI

In the result the appeal raised by the assessee is partly allowed

ITA 1742/CHNY/2024[2011- 12]Status: DisposedITAT Chennai04 Dec 2024

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1742/Chny/2024 निर्धारण वर्ा /Assessment Years: 2011-12 Titan Company Limited, Assistant Commissioner Of No.3, Sipcot Industrial Complex, Income Tax, Hosur, Krishnagiri, Ltu-2, Tamil Nadu-635126 Chennai [Pan: Aaact5131A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Abhay Kumar, C.A अपीलार्थी की ओर से/ Assessee By : Ms.Komali Krishna, Cit प्रत्यर्थी की ओर से /Revenue By सुनवाई की तारीख/Date Of Hearing : 10.09.2024 घोषणा की तारीख /Date Of Pronouncement : 04.12.2024

For Appellant: Ms.Komali Krishna, CIT
Section 147Section 250Section 80Section 80C(2)(a)Section 80I

801A(5) in unambiguous terms: The important factors are to be noted in sub-section (5) and they are as under : "(1) t starts with a non obstante clause which means it overrides all the provisions of the Act and other provisions are to be ignored ; (2) It is for the purpose of determining the quantum of deduction

Showing 1–20 of 25 · Page 1 of 2

5
Set Off of Losses5
Section 144C(5)4

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

The appeal stands partly allowed

ITA 2341/CHNY/2017[2012-13]Status: DisposedITAT Chennai07 Sept 2022AY 2012-13

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

For Appellant: Shri Vikram Vijayaraghavan (Advocate)-Ld. ARFor Respondent: Ms. M.S. Deeptha (JCIT) – Ld. Sr. DR
Section 14ASection 80Section 80I

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, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

ITA 1697/CHNY/2014[2010-11]Status: DisposedITAT Chennai18 Aug 2017AY 2010-11

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

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

ITA 1696/CHNY/2014[2009-10]Status: DisposedITAT Chennai18 Aug 2017AY 2009-10

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

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

ITA 1695/CHNY/2014[2008-09]Status: DisposedITAT Chennai18 Aug 2017AY 2008-09

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

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

ITA 333/CHNY/2021[2012-13]Status: DisposedITAT Chennai16 May 2025AY 2012-13

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

For Appellant: Mr. Shivanand K. Kalakeri, CITFor Respondent: Mr. N.Arjun Raj, Advocate
Section 250(1)Section 80Section 80I

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

ITA 335/CHNY/2021[2017-18]Status: DisposedITAT Chennai16 May 2025AY 2017-18

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

For Appellant: Mr. Shivanand K. Kalakeri, CITFor Respondent: Mr. N.Arjun Raj, Advocate
Section 250(1)Section 80Section 80I

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

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

ITA 334/CHNY/2021[2013-14]Status: DisposedITAT Chennai16 May 2025AY 2013-14
Section 250(1)Section 80Section 80I

gains derived from such business for\nten consecutive assessment years. Further, sub-section (2) of section\n80IA states that the deduction specified in sub-section (1) may, at the\noption of the assessee, be claimed by him for any ten consecutive\n assessment years out of fifteen years beginning from the year in which\nthe undertaking or the enterprise develops

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

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

ITA 847/CHNY/2022[2016-2017]Status: DisposedITAT Chennai16 May 2025AY 2016-2017
Section 250(1)Section 80Section 80I

gains derived from such business for\nten consecutive assessment years. Further, sub-section (2) of section\n80IA states that the deduction specified in sub-section (1) may, at the\noption of the assessee, be claimed by him for any ten consecutive\n assessment years out of fifteen years beginning from the year in which\nthe 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

ITA 1663/CHNY/2024[2019-20]Status: DisposedITAT Chennai07 Jul 2025AY 2019-20

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.R. VijayaraghavanFor Respondent: Ms.Ann Marry Baby, CIT
Section 14ASection 92C

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

ITA 1983/CHNY/2011[2008-09]Status: DisposedITAT Chennai28 Apr 2017AY 2008-09

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

ITA 2140/CHNY/2013[2010-11]Status: DisposedITAT Chennai28 Apr 2017AY 2010-11

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

ITA 855/CHNY/2013[2009-2010]Status: DisposedITAT Chennai28 Apr 2017AY 2009-2010

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

ITA 2029/CHNY/2013[2007-08]Status: DisposedITAT Chennai28 Apr 2017AY 2007-08

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

ITA 2077/CHNY/2013[2010-11]Status: DisposedITAT Chennai28 Apr 2017AY 2010-11

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. CHETTINAD BUILDERS PVT. LTD., CHENNAI

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

ITA 829/CHNY/2016[2011-12]Status: DisposedITAT Chennai08 Sept 2016AY 2011-12

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. Shiva Srinivas, IRS, JCITFor Respondent: Shri. K.B. Muralidaran, C.A
Section 143(2)Section 143(3)Section 14ASection 260ASection 801ASection 80I

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

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

Appeal is allowed for statistical purposes

ITA 953/CHNY/2015[2010-11]Status: DisposedITAT Chennai31 Aug 2023AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Respondent: Dr. S. Palanikumar, CIT
Section 143(3)Section 144C(5)Section 92B

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

VA TECH WABAG LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal is allowed for statistical purposes

ITA 807/CHNY/2016[2011-12]Status: DisposedITAT Chennai31 Aug 2023AY 2011-12

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Respondent: Dr. S. Palanikumar, CIT
Section 143(3)Section 144C(5)Section 92B

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

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

In the result all the four appeals of the assessee are allowed

ITA 798/CHNY/2022[2017-2018]Status: DisposedITAT Chennai25 Sept 2025AY 2017-2018
Section 10A

7%, 9%, 21% and 17% in the assessment years\n2011-12, 2013-14, 2014-15, 2015-16 and 2016-17 respectively. In\nthe assessment year 2012-13, there was a small reduction in revenue\nby 3% from Rs.64,21,36,965/- to Rs.62,32,14,978/-. Revenue from\nthe new Unit in the said year was Rs.60

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

In the result all the four appeals of the assessee are allowed

ITA 799/CHNY/2022[2018-2019]Status: DisposedITAT Chennai25 Sept 2025AY 2018-2019
Section 10A

7%, 9%, 21% and 17% in the assessment years\n2011-12, 2013-14, 2014-15, 2015-16 and 2016-17 respectively. In\nthe assessment year 2012-13, there was a small reduction in revenue\nby 3% from Rs.64,21,36,965/- to Rs.62,32,14,978/-. Revenue from\nthe new Unit in the said year was Rs.60