DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

capital gain against which the assessee could not claim deduction under Chapter VIA. For the AY 2010-11, the assessee has paid the tax under normal provisions. On the basis of the above facts, the assessee claimed the deduction u/s.80IA of the Act to the extent of ₹ 8,05,21,425/- while computing the income liable for taxation

DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

capital gain against which the assessee could not claim deduction under Chapter VIA. For the AY 2010-11, the assessee has paid the tax under normal provisions. On the basis of the above facts, the assessee claimed the deduction u/s.80IA of the Act to the extent of ₹ 8,05,21,425/- while computing the income liable for taxation

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 &

capitalized in LU2 (C = A + B) 18,25,74,185 % of transferred machinery from LU1 to total machinery (B/C) 18.64% ^Annexure 5 to Additional Evidence petition dated 01.09.2025 60. Since the ratio of machinery transferred from LU1 to LU2 as on the date of commencement is well within the prescribed statutory limits, it cannot be said that LU2 is formed

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 , 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

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

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

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

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 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

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

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, 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

8 -: electrical fittings, installations are one and the same for the buildings and mines. Therefore, electrical fittings required to be allowed as depreciation @10% as per new Income Tax Rules. 3.3 Ltd 34 ITR 0470. The Co-ordinate Bench of ITAT, Chennai held in the cited case that the electrical cables, fittings and other electrical works connected with the wind

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

8 -: electrical fittings, installations are one and the same for the buildings and mines. Therefore, electrical fittings required to be allowed as depreciation @10% as per new Income Tax Rules. 3.3 Ltd 34 ITR 0470. The Co-ordinate Bench of ITAT, Chennai held in the cited case that the electrical cables, fittings and other electrical works connected with the wind

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

8 -: electrical fittings, installations are one and the same for the buildings and mines. Therefore, electrical fittings required to be allowed as depreciation @10% as per new Income Tax Rules. 3.3 Ltd 34 ITR 0470. The Co-ordinate Bench of ITAT, Chennai held in the cited case that the electrical cables, fittings and other electrical works connected with the wind

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

8 -: electrical fittings, installations are one and the same for the buildings and mines. Therefore, electrical fittings required to be allowed as depreciation @10% as per new Income Tax Rules. 3.3 Ltd 34 ITR 0470. The Co-ordinate Bench of ITAT, Chennai held in the cited case that the electrical cables, fittings and other electrical works connected with the wind

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

8 -: electrical fittings, installations are one and the same for the buildings and mines. Therefore, electrical fittings required to be allowed as depreciation @10% as per new Income Tax Rules. 3.3 Ltd 34 ITR 0470. The Co-ordinate Bench of ITAT, Chennai held in the cited case that the electrical cables, fittings and other electrical works connected with the wind

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

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

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