ADP INDIA PRIVATE LIMITED,CHENNAI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal in ITA No

Bench: Shri George George Kand Shri Jagadishआयकर अपीलसं/.Ita Nos.: 2670, 2671, 2672 & 2698/Chny/2024 िनधा"रण वष"/Assessment Years: 2016-17, 2017-18, 2018-19 & 2020-21 Adp India Private Limited, The Deputy Commissioner Of Thamarai Tech Park, 6Th Floor, Vs. Income Tax, Sp Plot No. 16 To 20 & 20A, Thiru Vi Ka Corporate Circle 1(1), Industrial Estate, Inner Ring Road, Chennai. Guindy Industrial Estate So, Guindy, Chennai 600 032. [Pan: Aadcm-5547-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sandeep Bagmar, Advocate ""यथ" क" ओर से/Respondent By : Shri V. Justin, Cit & Ms. R. Anita, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 08.05.2025 घोषणा क" तारीख/Date Of Pronouncement : 21.05.2025 आदेश/ O R D E R Per George George K: These Four Appeals Filed At The Instance Of The Assessee Are Directed Against Four Separate Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (All Dated 21.08.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2016-17, 2017-18, 2018-19 & 2020-21. Ita Nos.2670 To 2672 & 2698/Chny/2024

depreciation on 'goodwill" is allowable under the said section?” Answer: In the present case, the assessee had claimed deduction of Rs. 54

ADP INDIA PRIVATE LIMITED,CHENNAI vs. DCIT, CC-1(1), CHENNAI

In the result, the appeal in ITA No

depreciation on goodwill is a possible view,\nbecause when 5th proviso to section 32(1) of the Act, has no application to the\ngiven facts and circumstances of the case, the Assessing Officer cannot take any\nview, which is contrary to provisions of section 32(1) of the Act. Since, the\nAssessing Officer has taken one of the possible view

ADP INDIA PRIVATE LIMITED,CHENNAI vs. NATIONAL FACELESS ASSESSMENT CENTRE, NATIONAL FACELESS ASSESSMENT CENTRE

In the result, the appeal in ITA No

depreciation on goodwill is a possible view,\nbecause when 5th proviso to section 32(1) of the Act, has no application to the\ngiven facts and circumstances of the case, the Assessing Officer cannot take any\nview, which is contrary to provisions of section 32(1) of the Act. Since, the\nAssessing Officer has taken one of the possible view

M/S. BAY FORGE PVT. LTD.,CHENNAI vs. ACIT, CO, CIRCLE-1(3), CHENNAI

In the result, the appeal of the assessee is allowed

Bench: Shri George George K & Shri S.R. Raghunatha

Section 115JB of the Act as under: Year Depreciation Business Business Adjustment Remarks cumulative Ending Loss Loss without business loss Depreciation as per books 31.03.1997 (2,848,288) (1,78,66,281) (15,017,993) (1,78,66,281) (2,848,288) (1,78,66,281) (15,017,993) 31.03.1998 (14,872,413) (28,351,317) 5,912,166 Prior

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

M/S. V.V.VANNIAPERUMAL & SONS,VIRUDHUNAGAR vs. PCIT-2, CHENNAI, CHENNAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

depreciation benefit on the above. However, due to lack of sanction from the statutory authorities to run the school within the factory premises, being an industrial area, the school was shifted to other place. Even now, the said premises is under the occupation of the company and it is used as godown for 50 I.T.A. Nos.2275-2281/Chny/2019 & the business

RAJ TELEISION NETWORK LIMITED,CHENNAI vs. ACIT, NON CORPORAE CIRCLE-20, CHENNAI

In the result both appeals of the assessee are allowed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 530 & 531/Chny/2024 िनधा"रणवष" / Assessment Years: 2014-15 & 2018-19 Acit, Raj Television Network V. Non Corporate Circle 20, Limited, Chennai – 34. No. 32, Poes Road 2Nd Street, Teynampet, Chennai – 600 018. [Pan: Aaacr-3580-P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri.K. Balasubramanian, Advocate ""यथ"क"ओरसे/Respondent By : Shri.T.M. Suganthamala, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 31.07.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.08.2024 आदेश /O R D E R

section 32(2), earlier year(s) unabsorbed depreciation becomes current year depreciation and the same has perforce to be deducted first from the total income as computed by the learned AO. Vide page 5 of the asst.order unabsorbed depreciation of PYs is Rs.3,09,54

RAJTELEVISION NETWORK LIMITED,CHNNAI vs. ACIT, NON CORPORAE CIRCLE-20, CHENNAI

In the result both appeals of the assessee are allowed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 530 & 531/Chny/2024 िनधा"रणवष" / Assessment Years: 2014-15 & 2018-19 Acit, Raj Television Network V. Non Corporate Circle 20, Limited, Chennai – 34. No. 32, Poes Road 2Nd Street, Teynampet, Chennai – 600 018. [Pan: Aaacr-3580-P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri.K. Balasubramanian, Advocate ""यथ"क"ओरसे/Respondent By : Shri.T.M. Suganthamala, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 31.07.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.08.2024 आदेश /O R D E R

section 32(2), earlier year(s) unabsorbed depreciation becomes current year depreciation and the same has perforce to be deducted first from the total income as computed by the learned AO. Vide page 5 of the asst.order unabsorbed depreciation of PYs is Rs.3,09,54

INDIA PISTONS LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 2(2), CHENNAI

In the result the appeal of the assessee in ITA

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. Nos.2339 & 2340/Chny/2017 "नधा"रण वष" /Assessment Years :2010-11 & 2011-12. M/S. India Pistons Limited, The Deputy Commissioner Of Vs. Huzur Gardens, Income Tax, Sembium, Corporate Circle 2(2) Chennai 600 011. Chennai.

54,090/- and export promotion expenditure of "21,00,000/-. Being aggrieved, an appeal was preferred before ld. CIT(A), 5. who vide impugned order had partly allowed the appeal by setting aside the issue of disallowance of interest u/s.14A r.w.r. 8D (2) (ii) of the Act to the Assessing Officer to verify whether own funds were utilized for making

DCIT CORPORATE CIRCLE 2(2), CHENNAI vs. INDIA PISTON LTD., CHENNAI

In the result the appeal of the assessee in ITA

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. Nos.2339 & 2340/Chny/2017 "नधा"रण वष" /Assessment Years :2010-11 & 2011-12. M/S. India Pistons Limited, The Deputy Commissioner Of Vs. Huzur Gardens, Income Tax, Sembium, Corporate Circle 2(2) Chennai 600 011. Chennai.

54,090/- and export promotion expenditure of "21,00,000/-. Being aggrieved, an appeal was preferred before ld. CIT(A), 5. who vide impugned order had partly allowed the appeal by setting aside the issue of disallowance of interest u/s.14A r.w.r. 8D (2) (ii) of the Act to the Assessing Officer to verify whether own funds were utilized for making

INDIA PISTONS LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 2(2), CHENNAI

In the result the appeal of the assessee in ITA

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. Nos.2339 & 2340/Chny/2017 "नधा"रण वष" /Assessment Years :2010-11 & 2011-12. M/S. India Pistons Limited, The Deputy Commissioner Of Vs. Huzur Gardens, Income Tax, Sembium, Corporate Circle 2(2) Chennai 600 011. Chennai.

54,090/- and export promotion expenditure of "21,00,000/-. Being aggrieved, an appeal was preferred before ld. CIT(A), 5. who vide impugned order had partly allowed the appeal by setting aside the issue of disallowance of interest u/s.14A r.w.r. 8D (2) (ii) of the Act to the Assessing Officer to verify whether own funds were utilized for making

DCIT CORPORATE CIRCLE 2(2), CHENNAI vs. INDIA PISTON LTD., CHENNAI

In the result the appeal of the assessee in ITA

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. Nos.2339 & 2340/Chny/2017 "नधा"रण वष" /Assessment Years :2010-11 & 2011-12. M/S. India Pistons Limited, The Deputy Commissioner Of Vs. Huzur Gardens, Income Tax, Sembium, Corporate Circle 2(2) Chennai 600 011. Chennai.

54,090/- and export promotion expenditure of "21,00,000/-. Being aggrieved, an appeal was preferred before ld. CIT(A), 5. who vide impugned order had partly allowed the appeal by setting aside the issue of disallowance of interest u/s.14A r.w.r. 8D (2) (ii) of the Act to the Assessing Officer to verify whether own funds were utilized for making

DCIT LTU-1 , CHENNAI vs. MAHINDRA HOLIDAYS & RESORTS (P) LTD., CHENNAI

In the result the appeals of the assessee i

Bench: Shri Mahavir Singh, Vp & Shri Arun Khodpia, Am आयकर अपील आयकर अपील संसंसंसं./Ita Nos.936 To 941/Chny/2018 आयकर आयकर अपील अपील & आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं./Ita Nos.1012/Chny/2019 अपील (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Years:2009-2010 To 2015-2016) वष" M/S Mahindra Holidays & Resorts Ltd Vs The Dcit (Ltu), Chennai-600001 Mahindra Towers, 2Nd Floor, 17/18, Pattulos Road, Chennai-600002 Pan No. :Aaacm 6469 L (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. & आयकर अपील आयकर अपील संसंसंसं./Ita Nos.942 To 944/Chny/2018 आयकर आयकर अपील अपील & आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं./Ita Nos.1089/Chny/2018 अपील (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Years:2011-2012 To 2014-2015) वष" The Dcit (Ltu), Chennai-600001 Vs M/S Mahindra Holidays & Resorts Ltd Mahindra Towers, 2Nd Floor, 17/18, Pattulos Road, Chennai-600002 Pan No. :Aaacm 6469 L (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" ..

depreciation schedule as depreciation/amortization was not claimed on the same. ii) We have clarified the same along with copies of the relevant pages of the Form 3GI) in the earlier paragraph. iii) There is no provision for depreciation on land and hence was not shown in the Form 3CD. This is in itself is a proof that we have