ASSISTANT COMMISSIONER OF INCOME TAX LTU CIRCLE 1 CHENNAI, CHENNAI vs. E I D PARRY INDIA LIMITED, CHENNAI

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

Bench: Shri George George Kand Shri S.R. Raghunathait(Tp)A. Nos.:105, 106, 107/Chny/2024 & Ita No.3113/Chny/2024 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. E.I.D. Parry India Ltd., The Deputy Commissioner Of No. 234, Dare House, Nsc Vs. Income Tax, Bose Road, Parrys Corner, Large Taxpayer Unit -1, Chennai 600 001. Chennai. [Pan: Aaace-0702-C] (अपीलाथ"/Appellant) (""यथ"/Respondent)

depreciation on bogus purchases and addition under section 69A of the Act for AY 2011-12. Thus, the grounds raised by the assessee are allowed for statistical purposes. 29. The next common ground raised in the appeals of the assessee for the assessment years 2011-12, 2012-13, 2013-14 and 2014-15 is with regard to the confirmation

CARBORUNDUM UNIVERSAL LIMITED,CHENNAI vs. ACIT LTU-1, CHENNAI

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

Bench: Shri Manu Kumar Giri & Shri Amitabh Shukla

depreciation @ 60% on UPS, printers and routers etc. as claimed by the assessee. 9. In the result, appeal filed by the assessee for AY 2014-15 is partly allowed for statistical purposes. ITA No.2867/Chny/2024 (AY 2016-17): 10. For the AY 2016-17, the assessee has raised two grounds of appeal–(i) Disallowance u/s.14A r.w. Rule 8D amounting to Rs.40

CARBORUNDUM UNIVERSAL LIMITED,CHENNAI vs. ACIT LTU-1, CHENNAI

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

Bench: Shri Manu Kumar Giri & Shri Amitabh Shukla

depreciation @ 60% on UPS, printers and routers etc. as claimed by the assessee. 9. In the result, appeal filed by the assessee for AY 2014-15 is partly allowed for statistical purposes. ITA No.2867/Chny/2024 (AY 2016-17): 10. For the AY 2016-17, the assessee has raised two grounds of appeal–(i) Disallowance u/s.14A r.w. Rule 8D amounting to Rs.40

CARBORUNDUM UNIVERSAL LIMITED,CHENNAI vs. ACIT LTU-1, CHENNAI

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

Bench: Shri Manu Kumar Giri & Shri Amitabh Shukla

depreciation @ 60% on UPS, printers and routers etc. as claimed by the assessee. 9. In the result, appeal filed by the assessee for AY 2014-15 is partly allowed for statistical purposes. ITA No.2867/Chny/2024 (AY 2016-17): 10. For the AY 2016-17, the assessee has raised two grounds of appeal–(i) Disallowance u/s.14A r.w. Rule 8D amounting to Rs.40

CARBORUNDUM UNIVERSAL LIMITED,CHENNAI vs. ACIT LTU-1, CHENNAI

In the result, appeals filed by the assessee are partly allowed\nfor statistical purposes

depreciation. Regarding weighted deduction for R&D, it was held that for the period prior to July 1, 2016, the quantification of expenditure by DSIR was not mandatory for allowing the deduction.", "result": "Partly Allowed", "sections": [ "14A", "Rule 8D", "43(1)", "35

ASSISTANT COMMISSIONER OF INCOME TAX LTU CIRCLE 1 CHENNAI, CHENNAI vs. CARBORUNDUM UNIVERSAL LIMITED, CHENNAI

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble Amitabh Shuklaआयकर अपील सं./ It(Tp)A Nos.2, 3 & 4/Chny/2025 िनधा@रण वष@ /Assessment Years: 2012-13, 2013-14 & 2017-18

35(1)(i). 4. The next ground raised for the Assessment Year 2017-18 is disallowance u/s. 36(1)(va). This is raised for the first time before the Tribunal but not before the lower authorities regarding disallowance u/s. 36(1)(va). Respectfully applying the ratio of the decision of the Apex Court in the case of National Thermal Power

CLASSIC LINENS INTERNATIONAL PVT. LTD.,,CHENNAI vs. ACIT (OSD), COMPANY RANGE-I,, CHENNAI

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

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.3341/Chny/2019 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Classic Linens International Pvt. The Assistant Commissioner Of Ltd., Unit 13 & 14, Sdf, Ii Phase Vs. Income Tax, Osd, Company Range-I, Mepz, Tambaram, Chennai 600 045. Nungambakkam High Road, Chennai 600 034. [Pan: Aabcc3510F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Raghunathan & Shri S. Sankar Narayanan, Advocates ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 09.11.2021 घोषणा की तारीख /Date Of Pronouncement : 23.11.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4, Chennai, Dated 30.09.2019 Relevant To The Assessment Year 2014-15. The Effective Ground Raised In The Appeal Of The Assessee Relates To Confirmation Of Disallowance Of Deduction Of ₹.52,61,428/- Claimed Under Section 10Aa Of The Income Tax Act, 1961 [“Act” In Short].

35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduc-tion; (ii) no loss referred to in sub-section (1) of section 72 or sub-section (1) 8 [or sub-section (3)] of section 74 and no deficiency referred

M/S. ASHOK LEYLAND LIMITED,CHENNAI vs. ACIT NON CORPORATE CIRCLE 8(1)-LTU-2, , CHENNAI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue stands dismissed

Bench: Shri Aby T. Varkey & Shri Jagadish

depreciation @ 15% on the ITA Nos.554 & 561/Chny/2023 (AY 2018-19) M/s. Ashok Leyland Ltd. :: 4 :: capital expenditure being Rs.30,06,36,605/- [Rs.100,21,22,016 X 15%]. The AO accordingly disallowed sum of Rs.557,94,03,835/- (Rs.387,57,96,408/- + Rs.170,36,07,427) u/s 35(2AB) of the Act. Being aggrieved by the order

ACIT NON CORPORATE CIRCLE 8(1)-LTU-2, , CHENNAI vs. M/S. ASHOK LEYLAND LIMITED, CHENNAI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue stands dismissed

Bench: Shri Aby T. Varkey & Shri Jagadish

depreciation @ 15% on the ITA Nos.554 & 561/Chny/2023 (AY 2018-19) M/s. Ashok Leyland Ltd. :: 4 :: capital expenditure being Rs.30,06,36,605/- [Rs.100,21,22,016 X 15%]. The AO accordingly disallowed sum of Rs.557,94,03,835/- (Rs.387,57,96,408/- + Rs.170,36,07,427) u/s 35(2AB) of the Act. Being aggrieved by the order

CLASSIC LINEN INTERNATIONAL PVT LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 1(2), CHENNAI

In the result, the appeal filed by assessee in iTA

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar"नधा$रण वष$ /Assessment Year: 2011-12

35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduc-tion; (ii) no loss referred to in sub-section (1) of section 72 or sub-section (1) 8 [or sub- section (3)] of section 74 and no deficiency referred

SUNDARAM FASTENERS LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 6(2), CHENNAI

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

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.3236/Chny/2017 िनधा"रण वष"/Assessment Year: 2013-14 V. M/S.Sundram Fasteners Ltd., The Dcit, 98-A, 7Th Floor, Corporate Circle-6(2), Dr.Radhakrishnan Salai, Chennai. Mylapore, Chennai-600 004. [Pan: Aaacs 8779 D] (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 35(1)(i) and 35(1)(iv). These provisions of allowing 100% deduction of expenditure on in-house scientific research, irrespective of the approval of the unit and the certification of the expenditure, where the actual expenditure, as in the case of the assessee is verified by the Statutory Auditor and certified by the Independent Auditor and Tax Auditor

DCIT, CHENNAI vs. M/S. SOUTHERN PETROCHEMICAL INDUSTRIES CORPN. LTD., CHENNAI

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

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

depreciation claimed by assessee shall be disallowed for non business purposes. The Provisions of Section 38(2) of the 1961 Act shall be :- 9 -: applicable when usage of building is not wholly and exclusively for the purposes of business . This also disposes of ground number 5.1 and 5.2 raised by Revenue in its appeal filed with tribunal. We order accordingly

DCIT CORPORATE CIRCLE 6(2), CHENNAI vs. SUNDARAM CLAYTON LTD., CHENNAI

In the result, appeals filed by Revenue and the assessee

Bench: Shri V.Durga Rao & Shri G.Manjunatha

section 35(1)(iv) of the Act to substantiate that the capital expenditure incurred on R&D building was not claimed as deduction twice and the same was duly accepted by the CIT (A). Ground No 3: The learned CIT(A) erred in upholding the disallowance u/s 40(a)(i) of the Income tax Act in respect of the foreign

SUNDARAM CLAYTON LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 6(2), CHENNAI

In the result, appeals filed by Revenue and the assessee

Bench: Shri V.Durga Rao & Shri G.Manjunatha

section 35(1)(iv) of the Act to substantiate that the capital expenditure incurred on R&D building was not claimed as deduction twice and the same was duly accepted by the CIT (A). Ground No 3: The learned CIT(A) erred in upholding the disallowance u/s 40(a)(i) of the Income tax Act in respect of the foreign

SUNDARAM CLAYTON LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 6(2), CHENNAI

In the result, appeals filed by Revenue and the assessee

Bench: Shri V.Durga Rao & Shri G.Manjunatha

section 35(1)(iv) of the Act to substantiate that the capital expenditure incurred on R&D building was not claimed as deduction twice and the same was duly accepted by the CIT (A). Ground No 3: The learned CIT(A) erred in upholding the disallowance u/s 40(a)(i) of the Income tax Act in respect of the foreign

DCIT CORPORATE CIRCLE 6(2), CHENNAI vs. SUNDARAM CLAYTON LTD., CHENNAI

In the result, appeals filed by Revenue and the assessee

Bench: Shri V.Durga Rao & Shri G.Manjunatha

section 35(1)(iv) of the Act to substantiate that the capital expenditure incurred on R&D building was not claimed as deduction twice and the same was duly accepted by the CIT (A). Ground No 3: The learned CIT(A) erred in upholding the disallowance u/s 40(a)(i) of the Income tax Act in respect of the foreign

DCIT, CHENNAI vs. M/S. TAMIL NADU CRICKET ASSOCIATION, CHENNAI

In the result, both the appeals of the Revenue as well as the cross-objections of the assessee are dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singhआयकर अपील सं./Ita Nos.2556 & 2557/Mds/2016 & C.O. Nos.158 & 159/Mds/2016 (In Ita Nos.2556 & 2557/Mds/2016) "नधा"रण वष" / Assessment Years : 2011-12 & 2012-13

depreciation under Section 35 of the Act. In fact, this Tribunal has observed as follows:- 12 I.T.A. Nos.2556 & 2557/Mds/16 C.O. Nos.158

DCIT, CHENNAI vs. M/S. TAMIL NADU CRICKET ASSOCIATION, CHENNAI

In the result, both the appeals of the Revenue as well as the cross-objections of the assessee are dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singhआयकर अपील सं./Ita Nos.2556 & 2557/Mds/2016 & C.O. Nos.158 & 159/Mds/2016 (In Ita Nos.2556 & 2557/Mds/2016) "नधा"रण वष" / Assessment Years : 2011-12 & 2012-13

depreciation under Section 35 of the Act. In fact, this Tribunal has observed as follows:- 12 I.T.A. Nos.2556 & 2557/Mds/16 C.O. Nos.158

LIFECELL INTERNATIONAL PVT LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 3334/Chny/2019 िनधा"रण वष" / Assessment Year: 2016-17 M/S. Lifecell International Assistant Commissioner Of Private Ltd., V. Income Tax, No. 26, Vandalur Corporate Circle 4(1), Kelambakkam Main Road, Chennai. Keelakkottaiyur, Chennai. [Pan: Aaeca-7997-B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Ajith Kumar Choradia, Ca ""यथ" क" ओर से/Respondent By : Shri. S. Senthil Kumaran, Cit सुनवाई की तारीख/Date Of Hearing : 23.11.2022 घोषणा की तारीख/Date Of Pronouncement : 04.01.2023 आदेश /O R D E R

Section 36(1)(iii) of the Act. Once a return in that manner was filed, the AO was bound to carry out the assessment by applying the provisions of that Act and not to go beyond the said return. There is no estoppel against the Statute and the Act enables and entitles the assessee to claim the entire expenditure