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

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

4) or generates power or\ncommences transmission or distribution of power or undertakes\nsubstantial renovation and modernisation of the existing transmission\nor distribution line. Thus it is clear that deduction under section 801A is\nallowable only when the enterprise begins to operate any infrastructure\nfacility.\n7. The language of section 80IA was materially amended vide finance\nbill

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

depreciation.", "result": "Dismissed", "sections": [ "80IA", "143(1)" ], "issues": "Whether the assessee, engaged in infrastructure development, qualifies as a developer eligible for deduction under Section 80IA, and whether all conditions for deduction under Section 80IA(4

DCIT, CHENNAI vs. KHIVRAJ AUTOMOBILES & INFRASTRUCTURE P LTD., CHENNAI

In the result, the appeals of the Revenue are dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita Nos.1176, 1177 & 1178/Mds/2015 "नधा+रण वष+ /Assessment Years: 2008-09, 2010-11 & 2011-12

depreciation and lessee without owing the windmills gets the benefit of deduction u/s.80IA(4)(iv). That is not the intention of the legislature. Now the issue is whether the assessee company is entitled to claim deduction u/s.80IA(4)(iv) of the IT Act. Section

DCIT, CHENNAI vs. K.A.INFRASTRUCTURE P LTD., CHENNAI

In the result, the appeals of the Revenue are dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita Nos.1176, 1177 & 1178/Mds/2015 "नधा+रण वष+ /Assessment Years: 2008-09, 2010-11 & 2011-12

depreciation and lessee without owing the windmills gets the benefit of deduction u/s.80IA(4)(iv). That is not the intention of the legislature. Now the issue is whether the assessee company is entitled to claim deduction u/s.80IA(4)(iv) of the IT Act. Section

DCIT, CHENNAI vs. KHIVRAJ AUTOMOBILES & INFRASTRUCTURE P LTD., CHENNAI

In the result, the appeals of the Revenue are dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita Nos.1176, 1177 & 1178/Mds/2015 "नधा+रण वष+ /Assessment Years: 2008-09, 2010-11 & 2011-12

depreciation and lessee without owing the windmills gets the benefit of deduction u/s.80IA(4)(iv). That is not the intention of the legislature. Now the issue is whether the assessee company is entitled to claim deduction u/s.80IA(4)(iv) of the IT Act. Section

BANNARI AMMAN SUGARS LIMITED ,COIMBATORE vs. DCIT , COIMBATORE

In the result, the appeals of the assessee as well as the Revenue are dismissed

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./Ita No.939/Chny/2022 िनधा(रण वष( /Assessment Year: 2015-16 Bannari Amman Sugars Ltd., The Dy. Commissioner Of 1212, Trichy Road, Income Tax, Coimbatore – 641 018. Vs. Corporate Circle-1, [Pan: Aaacb-8933-G] Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.946/Chny/2022 िनधा(रण वष( /Assessment Year: 2015-16 The Asst. Commissioner Of Bannari Amman Sugars Ltd., Income Tax, 1212, Trichy Road, Central Circle-3(2), Vs. Coimbatore – 641 018. Chennai. [Pan: Aaacb-8933-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Assessee By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Revenue By : Shri N. Senthil Kumar, Cit : 15.05.2023 सुनवाई क" तारीख/Date Of Hearing घोषणा क" तारीख /Date Of Pronouncement : 09.08.2023 आदेश / O R D E R Per Manomohan Das, J.M: Aforesaid Two Appeals Nos. Ita/939/Chny/2022 & Ita 946/Chny/ 2022 Filed By Assessee & Department Respectively Arises Out Of The Order Of The Learned Commissioner Of Income Tax (Appeals)- 16, Chennai [Hereinafter “Cit(A)”] Dated 17-08-2022 For The

depreciation in the year under consideration. 6b. Deduction under section 32AC(1A) is allowed on acquisition of new assets, after satisfying the conditions mentioned in the section. Section 32AC(4

ACIT, CENTRAL CIRCLE-3(2), CHENNAI vs. M/S. BANNARI AMMAN SUGARS LTD, COIMBATORE

In the result, the appeals of the assessee as well as the Revenue are dismissed

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./Ita No.939/Chny/2022 िनधा(रण वष( /Assessment Year: 2015-16 Bannari Amman Sugars Ltd., The Dy. Commissioner Of 1212, Trichy Road, Income Tax, Coimbatore – 641 018. Vs. Corporate Circle-1, [Pan: Aaacb-8933-G] Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.946/Chny/2022 िनधा(रण वष( /Assessment Year: 2015-16 The Asst. Commissioner Of Bannari Amman Sugars Ltd., Income Tax, 1212, Trichy Road, Central Circle-3(2), Vs. Coimbatore – 641 018. Chennai. [Pan: Aaacb-8933-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Assessee By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Revenue By : Shri N. Senthil Kumar, Cit : 15.05.2023 सुनवाई क" तारीख/Date Of Hearing घोषणा क" तारीख /Date Of Pronouncement : 09.08.2023 आदेश / O R D E R Per Manomohan Das, J.M: Aforesaid Two Appeals Nos. Ita/939/Chny/2022 & Ita 946/Chny/ 2022 Filed By Assessee & Department Respectively Arises Out Of The Order Of The Learned Commissioner Of Income Tax (Appeals)- 16, Chennai [Hereinafter “Cit(A)”] Dated 17-08-2022 For The

depreciation in the year under consideration. 6b. Deduction under section 32AC(1A) is allowed on acquisition of new assets, after satisfying the conditions mentioned in the section. Section 32AC(4

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. IV. Allowance of MAT credit 12. The lower authorities have erred in not allowing the credit of taxes paid under section 115JB of INR 46,54,86,95 as disclosed in the return of income of the Appellant. V. Consequential Relief 13. The respondent erred in charging interest under Section 234B of the Act which is consequential in nature

THE MUSIC ACADEMY MADRAS,CHENNAI vs. DDIT, CHENNAI

Accordingly, the same is dismissed

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.1098/Mds/2015 "नधा"रण वष" / Assessment Year : 2010-11 The Music Academy Madras, The Deputy Director Of Income Tax No.168 (Old No.306), Ttk Road, V. (Exemptions), Royapettah, Chennai - 600 014. Chennai - 600 034 . Pan : Aaatt 0256 B (अपीलाथ"/Appellant) (""यथ"/Respondent)

depreciation, has to be allowed and the 16 I.T.A. No.1098/Mds/15 has to be allowed as exemption under Section 11 on application and accumulation. In this case, as rightly submitted by the Ld. D.R., no business undertaking was held under trust as provided under Section 11(4

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

Section 234B of the Act\nwhich is consequential in nature.\nThe grounds of appeal raised by the Appellant herein are without\nprejudice to each other. The Appellant craves leave to add to and/or to\nalter, amend, rescind, modify the grounds herein above or produce further\ndocuments before or at the time of hearing of this Appeal.\n3. The brief facts

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

Section 234B of the Act\nwhich is consequential in nature.\n\nThe grounds of appeal raised by the Appellant herein are without\nprejudice to each other. The Appellant craves leave to add to and/or to\nalter, amend, rescind, modify the grounds herein above or produce further\ndocuments before or at the time of hearing of this Appeal.\n\n3.\nThe

ACIT, CHENNAI vs. M/S. STERLITE INDUSTRIES LTD., TUTICORIN

In the result, both the appeals of the assessee and Revenue are partly allowed for statistical purposes

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

4) of the Act, from the book profit for the purpose of computing taxable income under Section 115JA of the Act. 13. Now coming to the Revenue’s appeal, the first ground is with regard to addition of `61 Crores for the purpose of computing book profit under Section 115JA of the Act. 14. Shri M. Swaminathan

M/S. STERLITE INDUSTRIES (INDIA) LTD.,TUTICORIN vs. ACIT, CHENNAI

In the result, both the appeals of the assessee and Revenue are partly allowed for statistical purposes

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

4) of the Act, from the book profit for the purpose of computing taxable income under Section 115JA of the Act. 13. Now coming to the Revenue’s appeal, the first ground is with regard to addition of `61 Crores for the purpose of computing book profit under Section 115JA of the Act. 14. Shri M. Swaminathan

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].

4) of section 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

M/S. SIVANANDHA MILLS LTD.,COIMBATORE vs. DCIT, COIMBATORE

In the result, ITA No.2106/Mds/13 is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

4 (Gau) that where the genuineness and regularity of the accounts have not been challenged, the accounts are prima facie proof of the entries and the correctness thereof under section 34 of the Evidence Act, 1872. 8. Regarding business lull, it was submitted that the assessee could not carry on its business, owing to factors beyond its control, as already

SIVANANDHA MILLS LIMITED,COIMBATORE vs. ACIT, COIMBATORE

In the result, ITA No.2106/Mds/13 is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

4 (Gau) that where the genuineness and regularity of the accounts have not been challenged, the accounts are prima facie proof of the entries and the correctness thereof under section 34 of the Evidence Act, 1872. 8. Regarding business lull, it was submitted that the assessee could not carry on its business, owing to factors beyond its control, as already

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, has to be allowed and the income of such business undertaking which was held under Trust has to be allowed as exemption under Section 11 on application and accumulation. In this case, as rightly submitted by the Ld. D.R., no business undertaking was held under trust as provided under Section 11(4

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, has to be allowed and the income of such business undertaking which was held under Trust has to be allowed as exemption under Section 11 on application and accumulation. In this case, as rightly submitted by the Ld. D.R., no business undertaking was held under trust as provided under Section 11(4