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

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

depreciation was denied by the AO in AYs 2017-18 and 2018-19 also. 6. Against the above adjustments made by the AO, the assessee filed the captioned appeals before us. 7. The assessee made detailed submissions against the above adjustments during the hearing dated 10.09.2024 and the captioned appeals were disposed of by this Tribunal vide order dated

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

In the result, the Revenue’s appeals in ITA Nos

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

depreciation at the rate of 25% thereon as claimed by the assessee in earlier years. Aggrieved, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) confirmed the same. 11. The ld. Authorised Representative for assessee submitted that assessment was completed u/s.143(3) of the Act and was reopened for the purpose

M/S. NEYVELI LIGNITE CORPORATION LIMITED,NEYVELI vs. ITO, CUDDALORE

In the result, the Revenue’s appeals in ITA Nos

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

depreciation at the rate of 25% thereon as claimed by the assessee in earlier years. Aggrieved, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) confirmed the same. 11. The ld. Authorised Representative for assessee submitted that assessment was completed u/s.143(3) of the Act and was reopened for the purpose

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

In the result, the Revenue’s appeals in ITA Nos

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

depreciation at the rate of 25% thereon as claimed by the assessee in earlier years. Aggrieved, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) confirmed the same. 11. The ld. Authorised Representative for assessee submitted that assessment was completed u/s.143(3) of the Act and was reopened for the purpose

ACIT, CHENNAI vs. M/S. NEYVELI LIGNITE CORPORATION LTD., NEYVELI

In the result, the Revenue’s appeals in ITA Nos

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

depreciation at the rate of 25% thereon as claimed by the assessee in earlier years. Aggrieved, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) confirmed the same. 11. The ld. Authorised Representative for assessee submitted that assessment was completed u/s.143(3) of the Act and was reopened for the purpose

M/S. NEYVELI LIGNITE CORPORATIONLIMITED,NEYVELI vs. ACIT, CHENNAI

In the result, the Revenue’s appeals in ITA Nos

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

depreciation at the rate of 25% thereon as claimed by the assessee in earlier years. Aggrieved, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) confirmed the same. 11. The ld. Authorised Representative for assessee submitted that assessment was completed u/s.143(3) of the Act and was reopened for the purpose

ACIT NON CORP CIRCLE 1 (1) FORMERLY KNOWN AS BUSINESS CIRCLE 1, CHENNAI vs. M/S DEOLITE HASKINS & SELLS, CHENNAI

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

depreciation allowance or any other allowance under this Act has been computed; (d) where a person is found to have any asset (including financial interest in any entity) located outside India. Explanation 3.—For the purpose of assessment or reassessment under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped

ACIT NON CORP CIRCLE 1 (1) FORMERLY KNOWN AS BUSINESS CIRCLE 1, CHENNAI vs. M/S DEOLITE HASKINS & SELLS, CHENNAI

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

depreciation allowance or any other allowance under this Act has been computed; (d) where a person is found to have any asset (including financial interest in any entity) located outside India. Explanation 3.—For the purpose of assessment or reassessment under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped

ACIT NON CORP CIRCLE 1 (1) FORMERLY KNOWN AS BUSINESS CIRCLE 1, CHENNAI vs. M/S DEOLITE HASKINS & SELLS, CHENNAI

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

depreciation allowance or any other allowance under this Act has been computed; (d) where a person is found to have any asset (including financial interest in any entity) located outside India. Explanation 3.—For the purpose of assessment or reassessment under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped

INTERNATIONAL SEAPORT DREDGING PRIVATE LIMITED,CHENNAI vs. PCIT - 1, CHENNAI

In the result, the appeal of the assessee is allowed

Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)

249 ITR 795 (SC), wherein it was held as under:- "The High Court has answered the question saying that when section 79 speaks of loss, it does not include unabsorbed depreciation or unabsorbed development rebate. We agree with the High Court." In view of the above decision of Hon’ble Supreme Court in the case of Shri Subhulaxmi Mills

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 &

depreciation was denied by the AO in AYs 2017-18 and 2018-19 also. Against the above adjustments made by the AO, the assessee filed the captioned appeals before us. 6. Against the above adjustments made by the AO, the assessee filed the captioned appeals before us. 7. The assessee made detailed submissions against the above adjustments during the hearing

HYUNDAI TRANSYS INC,REPUBLIC OF KOREA vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAX, CORPORATE CIRCLE 1(1), CHENNAI, CHENNAI

Appeal of the assessee is allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.338/Chny/2024 (िनधा"रणवष" / Assessment Year: 2015-2016) Hyundai Transys Inc, Vs. The Deputy Commissioner Of 105, Sindang Income Tax, 1 Ro Seongyeon, International Tax, Myeon, Corporate Circle 1(1) Seosan, Ccn 356851 Chennai. Korea.

249/- is less than the threshold limit of Rs.50,00,000/- (Rupees fifty lakhs) prescribed under section 149(1)(b) of the Income Tax Act, 1961 (‘Act’ in short) as amended vide Finance Act, 2021 read with CBDT Instruction No.01/2022, therefore, the case cannot be subjected to reassessment proceedings and is barred by limitation. 16. The ld.Counsel further AO initiated

ASSISTANT COMMISSIONER OF INCOME TAX, CHENNAI vs. COGNIZANT TECHNOLOGY SOLUTIONS INDIA PRIVATE LIMITED, 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 (निर्धारण वर्ष / Assessment Years: 2010-11, 2011-12, 2012-13, 2013-14 & 2014-15) Cognizant Technology Solutions Vs 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. (प्रत्यर्थी/Respondent) Pan: Aaacd 3312M (अपीलार्थी/Appellant) & आयकर अपील सं./Ita Nos.1262, 1263, 1264, 1265 & 1266/Chny/2024 (निर्धारण वर्ष / Assessment Years: 2010-11, 2011-12, 2012-13, 2013-14 & 2014-15) The Asst. Commissioner Of Vs 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 (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) निधारिती की ओर से/Assessee By राजस्व की ओर से /Revenue By : Shri N.V. Balaji, Advocate : Shri R. Clement Ramesh Kumar, Cit & Ms. Anitha, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 11.03.2025 घोषणा की तारीख/Date Of Pronouncement : 16.05.2025 - 2 -

249 (Del. ITAT) O Ernst & Young Private Limited In Re. 323 ITR 184 (AAR) O Sundaram Asset Management Company Ltd Vs DCIT, LTU [2019] 111 taxmann.com 11 (Chennai ITAT) reference in this regard is made to Page No. 396 (Para No. 9) of the case law paper book. - Routine repair/ maintenance services and remote IT support services do not constitute

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)

249 (Del. ITAT) - 19 - ITA Nos.1193, 1194, 1205 to 1207, 1262 to 1266/CHNY/2024 o Ernst & Young Private Limited In Re. 323 ITR 184 (AAR) o Sundaram Asset Management Company Ltd Vs DCIT, LTU [2019] 111 taxmann.com 11 (Chennai ITAT) reference in this regard is made to Page No. 396 (Para No. 9) of the case law paper book. - Routine repair

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)

249 (Del. ITAT) - 19 - ITA Nos.1193, 1194, 1205 to 1207, 1262 to 1266/CHNY/2024 o Ernst & Young Private Limited In Re. 323 ITR 184 (AAR) o Sundaram Asset Management Company Ltd Vs DCIT, LTU [2019] 111 taxmann.com 11 (Chennai ITAT) reference in this regard is made to Page No. 396 (Para No. 9) of the case law paper book. - Routine repair

M/S. SOUTHERN PETROCHEMICAL INDUSTRIES CORPORATION LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, the appeal filed by the assessee in ITA No

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar"नधा(रण वष( /Assessment Year: 2003-04

depreciation u/s 32 of the 1961 Act which was applicable for impugned ay under consideration and Section 50 will come into play under the specified circumstances mentioned in Section 50 . In this case, there is an observation by learned CIT that the block of asset has not ceased to exist and there is a balance in the Block of Asset

BHARAT TECHNOLOGIES AUTO COMPONENTS LIMITED,CHENNAI vs. ITO, COMPANY WARD 1(1), CHENNAI

In the result, appeals filed by the assessee are allowed for statistical

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.1841, 1842 & 1843/Chny/2024 िनधा"रण वष"/Assessment Years: 2003-04, 2004-05 & 2006-07 V. M/S. Bharat Technologies Auto – The Ito, Components Ltd., Company Ward-1(1), 177 Raheja Towers, Chennai. 7Th Floor, Unit No.708, Beta Wing, Anna Salai, Chennai-600 002. [Pan: Aabcb 9835 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

Section 41(1)(b) of the Act as it was not a case of cessation of a trade debt, there by vitiating the action in sustaining the disputed sum. 15. The NFAC, Delhi failed to appreciate that the entire re-computation of taxable total income forming part of the re-assessment order was wrong, erroneous, incorrect, invalid, unjustified

BHARAT TECHNOLOGIES AUTO COMPONENTS LIMITED,CHENNAI vs. ITO, COMPANY WARD 1(1), CHENNAI

In the result, appeals filed by the assessee are allowed for statistical

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.1841, 1842 & 1843/Chny/2024 िनधा"रण वष"/Assessment Years: 2003-04, 2004-05 & 2006-07 V. M/S. Bharat Technologies Auto – The Ito, Components Ltd., Company Ward-1(1), 177 Raheja Towers, Chennai. 7Th Floor, Unit No.708, Beta Wing, Anna Salai, Chennai-600 002. [Pan: Aabcb 9835 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

Section 41(1)(b) of the Act as it was not a case of cessation of a trade debt, there by vitiating the action in sustaining the disputed sum. 15. The NFAC, Delhi failed to appreciate that the entire re-computation of taxable total income forming part of the re-assessment order was wrong, erroneous, incorrect, invalid, unjustified

BHARAT TECHNOLOGIES AUTO COMPONENTS LIMITED,CHENNAI vs. ITO, COMPANY WARD 1(1), CHENNAI

In the result, appeals filed by the assessee are allowed for statistical

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.1841, 1842 & 1843/Chny/2024 िनधा"रण वष"/Assessment Years: 2003-04, 2004-05 & 2006-07 V. M/S. Bharat Technologies Auto – The Ito, Components Ltd., Company Ward-1(1), 177 Raheja Towers, Chennai. 7Th Floor, Unit No.708, Beta Wing, Anna Salai, Chennai-600 002. [Pan: Aabcb 9835 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

Section 41(1)(b) of the Act as it was not a case of cessation of a trade debt, there by vitiating the action in sustaining the disputed sum. 15. The NFAC, Delhi failed to appreciate that the entire re-computation of taxable total income forming part of the re-assessment order was wrong, erroneous, incorrect, invalid, unjustified