SHRIRAM CAPITAL LTD,CHENNAI vs. DCIT, CORP CIR-6(1), CHENNAI

In the result, both the appeals filed by the assessee are allowed and the appeals filed by the Revenue are dismissed

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.3168 & 3255/Chny/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2014-15 M/S. Shriram Capital Limited, The Deputy Commissioner Of Vs. Shriram House, 1St Floor, No. 4, Income Tax, Burkit Road, T. Nagar, Corporate Circle 6(1), Chennai 600 017. Chennai 600 034. [Pan:Aabcs2726B] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos.3216 & 3217/Chny/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2014-15 The Deputy Commissioner Of Vs. M/S. Shriram Capital Limited, Shriram House, 1St Floor, No. 4, Income Tax, Corporate Circle 6(1), Burkit Road, T. Nagar, Chennai 600 034. Chennai 600 017. (अपीलाथ"/Appellant) (""थ"/Respondent) Assessee By : Shri R. Sivaraman, Advocate Department By Shri Darzakhum Songate, Cit : सुनवाई की तारीख/ Date Of Hearing : 03.01.2022 घोषणा की तारीख /Date Of Pronouncement : 18.02.2022 आदेश /O R D E R Per V. Durga Rao: Both The Cross Appeals Filed By The Assessee As Well As Revenue Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai Dated 29.08.2018 Relevant To The 2

D E R PER V. DURGA RAO, JUDICIAL MEMBER: Both the cross appeals filed by the assessee as well as Revenue are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 15, Chennai dated 29.08.2018 relevant to the 2 I.T.A. Nos.3168, 3216, 3255 & 3217/Chny/18 assessment year 2012-13 and order dated 27.08.2018 for the assessment year

DCIT, CORP CIR-6(1), CHENNAI vs. SHRIRAM CAPITAL LTD, CHENNAI

In the result, both the appeals filed by the assessee are allowed and the appeals filed by the Revenue are dismissed

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.3168 & 3255/Chny/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2014-15 M/S. Shriram Capital Limited, The Deputy Commissioner Of Vs. Shriram House, 1St Floor, No. 4, Income Tax, Burkit Road, T. Nagar, Corporate Circle 6(1), Chennai 600 017. Chennai 600 034. [Pan:Aabcs2726B] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos.3216 & 3217/Chny/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2014-15 The Deputy Commissioner Of Vs. M/S. Shriram Capital Limited, Shriram House, 1St Floor, No. 4, Income Tax, Corporate Circle 6(1), Burkit Road, T. Nagar, Chennai 600 034. Chennai 600 017. (अपीलाथ"/Appellant) (""थ"/Respondent) Assessee By : Shri R. Sivaraman, Advocate Department By Shri Darzakhum Songate, Cit : सुनवाई की तारीख/ Date Of Hearing : 03.01.2022 घोषणा की तारीख /Date Of Pronouncement : 18.02.2022 आदेश /O R D E R Per V. Durga Rao: Both The Cross Appeals Filed By The Assessee As Well As Revenue Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai Dated 29.08.2018 Relevant To The 2

D E R PER V. DURGA RAO, JUDICIAL MEMBER: Both the cross appeals filed by the assessee as well as Revenue are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 15, Chennai dated 29.08.2018 relevant to the 2 I.T.A. Nos.3168, 3216, 3255 & 3217/Chny/18 assessment year 2012-13 and order dated 27.08.2018 for the assessment year

SHRIRAM CAPITAL LTD,CHENNAI vs. DCIT, CORP CIR-6(1), CHENNAI

In the result, both the appeals filed by the assessee are allowed and the appeals filed by the Revenue are dismissed

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.3168 & 3255/Chny/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2014-15 M/S. Shriram Capital Limited, The Deputy Commissioner Of Vs. Shriram House, 1St Floor, No. 4, Income Tax, Burkit Road, T. Nagar, Corporate Circle 6(1), Chennai 600 017. Chennai 600 034. [Pan:Aabcs2726B] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos.3216 & 3217/Chny/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2014-15 The Deputy Commissioner Of Vs. M/S. Shriram Capital Limited, Shriram House, 1St Floor, No. 4, Income Tax, Corporate Circle 6(1), Burkit Road, T. Nagar, Chennai 600 034. Chennai 600 017. (अपीलाथ"/Appellant) (""थ"/Respondent) Assessee By : Shri R. Sivaraman, Advocate Department By Shri Darzakhum Songate, Cit : सुनवाई की तारीख/ Date Of Hearing : 03.01.2022 घोषणा की तारीख /Date Of Pronouncement : 18.02.2022 आदेश /O R D E R Per V. Durga Rao: Both The Cross Appeals Filed By The Assessee As Well As Revenue Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai Dated 29.08.2018 Relevant To The 2

D E R PER V. DURGA RAO, JUDICIAL MEMBER: Both the cross appeals filed by the assessee as well as Revenue are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 15, Chennai dated 29.08.2018 relevant to the 2 I.T.A. Nos.3168, 3216, 3255 & 3217/Chny/18 assessment year 2012-13 and order dated 27.08.2018 for the assessment year

MAJESTIC EXPORTS,TIRUPPUR vs. ACIT, TIRUPPUR

In the result, the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Shri V. Durga Raoआयकर अपील सं./ I.T.A. Nos.1336 & 3072/Mds/2014 ("नधा"रण वष" / Assessment Years : 2009-2010 & 2010-2011)

d) of proviso to section 43(5) is prospective in nature and will be effective from date on which Legislature made it effective i.e.1.4.2006 - Held Yes - Whether term ‘’derivatives' in which underlying assets is shares, would fall within meaning of ‘commodity' used in section 43(5) - Held, yes – whether, therefore, where assessee suffered a loss on account of futures

MAJESTIC EXPORTS,TIRUPPUR vs. JCIT, TIRUPPUR

In the result, the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Shri V. Durga Raoआयकर अपील सं./ I.T.A. Nos.1336 & 3072/Mds/2014 ("नधा"रण वष" / Assessment Years : 2009-2010 & 2010-2011)

d) of proviso to section 43(5) is prospective in nature and will be effective from date on which Legislature made it effective i.e.1.4.2006 - Held Yes - Whether term ‘’derivatives' in which underlying assets is shares, would fall within meaning of ‘commodity' used in section 43(5) - Held, yes – whether, therefore, where assessee suffered a loss on account of futures

ALBERT & CO. P. LTD.,CHENNAI vs. ITO CORPORATE WARD 6(1), CHENNAI

Appeal is partly allowed

Bench: Shri G. Manjunatha & Shri Rahul Chaudhary

5. The CIT(Appeals) erred in sustaining the disallowance of labour charges for want of TDS on the application of Section 40(a)(ia) of the Act in the computation of taxable total income without assigning proper reasons and justification. 6. The CIT(Appeals) failed to appreciate that the applicability of TDS provisions for labour payments in the absence

ALBERT & CO. P. LTD.,CHENNAI vs. ITO CORPORATE WARD 6(1), CHENNAI

Appeal is partly allowed

Bench: Shri G. Manjunatha & Shri Rahul Chaudhary

5. The CIT(Appeals) erred in sustaining the disallowance of labour charges for want of TDS on the application of Section 40(a)(ia) of the Act in the computation of taxable total income without assigning proper reasons and justification. 6. The CIT(Appeals) failed to appreciate that the applicability of TDS provisions for labour payments in the absence

ALBERT & CO. P LTD. ,CHENNAI vs. ITO CORPORATE WARD 6(1) , CHENNAI

Appeal is partly allowed

Bench: Shri G. Manjunatha & Shri Rahul Chaudhary

5. The CIT(Appeals) erred in sustaining the disallowance of labour charges for want of TDS on the application of Section 40(a)(ia) of the Act in the computation of taxable total income without assigning proper reasons and justification. 6. The CIT(Appeals) failed to appreciate that the applicability of TDS provisions for labour payments in the absence

DCIT CORPORATE CIRCLE 6(1) (I/C) , CHENNAI vs. SHRIRAM CREDIT COMPANY LIMITED, CHENNAI

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1199/Chny/2018 िनधा"रण वष"/Assessment Year: 2014-15 The Deputy Commissioner Of Vs. M/S. Shriram Credit Company Income Tax, Corporate Circle 6(1) I/C, Limited, Shriram House, No. 4, Aayakar Bhavan, Wanaparthy Burkit Road, T. Nagar, Block, 7Th Floor, 121, M.G. Road, Chennai 600 042. Chennai 600 034. [Pan:Aagcs4497N] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1307/Chny/2018 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Shriram Credit Company Vs. The Deputy Commissioner Of Limited, Mookambika Complex, Income Tax, No. 4, Lady Desika Road, Corporate Circle 6(1), Mylapore, Chennai 600 004. Chennai 600 034. (अपीलाथ"/Appellant) (""थ"/Respondent) Department By : Shri P. Sajit Kumar, Jcit Assessee By : Shri R.Sivaraman, Advocate सुनवाई की तारीख/ Date Of Hearing : 30.03.2022 घोषणा की तारीख /Date Of Pronouncement : 13.04.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue As Well As Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai Dated 26.12.2017 Relevant To The Assessment

D E R PER V. DURGA RAO, JUDICIAL MEMBER: Both the appeals filed by the Revenue as well as assessee are directed against the order of the ld. Commissioner of Income Tax (Appeals) 15, Chennai dated 26.12.2017 relevant to the assessment 2 I.T.A. Nos.1199 & 1307Chny/18 year 2014-15. 2. Ground No.1 in both the appeals of the Revenue as well

SHRIRAM CREDIT COMPANY LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 6(1), CHENNAI

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1199/Chny/2018 िनधा"रण वष"/Assessment Year: 2014-15 The Deputy Commissioner Of Vs. M/S. Shriram Credit Company Income Tax, Corporate Circle 6(1) I/C, Limited, Shriram House, No. 4, Aayakar Bhavan, Wanaparthy Burkit Road, T. Nagar, Block, 7Th Floor, 121, M.G. Road, Chennai 600 042. Chennai 600 034. [Pan:Aagcs4497N] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1307/Chny/2018 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Shriram Credit Company Vs. The Deputy Commissioner Of Limited, Mookambika Complex, Income Tax, No. 4, Lady Desika Road, Corporate Circle 6(1), Mylapore, Chennai 600 004. Chennai 600 034. (अपीलाथ"/Appellant) (""थ"/Respondent) Department By : Shri P. Sajit Kumar, Jcit Assessee By : Shri R.Sivaraman, Advocate सुनवाई की तारीख/ Date Of Hearing : 30.03.2022 घोषणा की तारीख /Date Of Pronouncement : 13.04.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue As Well As Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai Dated 26.12.2017 Relevant To The Assessment

D E R PER V. DURGA RAO, JUDICIAL MEMBER: Both the appeals filed by the Revenue as well as assessee are directed against the order of the ld. Commissioner of Income Tax (Appeals) 15, Chennai dated 26.12.2017 relevant to the assessment 2 I.T.A. Nos.1199 & 1307Chny/18 year 2014-15. 2. Ground No.1 in both the appeals of the Revenue as well

ACIT, CORPORATE CIRCLE 1(1), CHENNAI vs. CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED (FORMERLY FUTURE SOFT PRIVATE LIMITED), CHENNAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपील सं./Ita No.420/Chny/2024 िनधा"रण वष"/Assessment Year: 2006-07 V. The Acit, Capgemini Technology Corporate Circle-1(1), Services India Ltd., Block 3, ‘C’ Wing, 4Th Floor, Chennai. Capgemini Knowledge Park, Airoli Knowledge Park, Thane Belapur Road, Navi Mumbai- 400 708. [Pan: Aaacf 0482 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

D E R PER MANU KUMAR GIRI, JM: The captioned appeal filed by the Revenue is directed against order of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [‘CIT(A)’ in short] dated 11.08.2023 for Assessment Year 2006-07. 2. Brief facts of the case are that the AO denied the claim u/s.10A of the Income

MAHENDRA KUMAR DAMANI,VIRUTHUNAGAR vs. ADIT(CPC), BENGALORE

In the result, appeal filed by the assessee for the AY 2016-17 is

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.805 & 806/Chny/2022 िनधा"रण वष" /Assessment Years: 2016-17 & 2019-20 Mr.Mahendra Kumar Damani, V. The Asst. Director Of- 7/5, Velayutham Rastha, Sivakasi, Income Tax, Virudhunagar District-626 123. Cpc, Bangalore.

D E R PER G. MANJUNATHA, AM: These two appeals filed by the assessee are directed against separate, but identical orders of the Commissioner of Income Tax (Appeals), Income Tax Department, National Faceless Appeal Centre, Delhi, both dated 03.08.2022 and pertains to assessment years 2016-17 & 2019- 20. Since, the facts are identical and issues are common, for the sake

MAHENDRA KUMAR DAMANI,VIRUTHUNAGAR vs. ADIT(CPC), BENGALORE

In the result, appeal filed by the assessee for the AY 2016-17 is

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.805 & 806/Chny/2022 िनधा"रण वष" /Assessment Years: 2016-17 & 2019-20 Mr.Mahendra Kumar Damani, V. The Asst. Director Of- 7/5, Velayutham Rastha, Sivakasi, Income Tax, Virudhunagar District-626 123. Cpc, Bangalore.

D E R PER G. MANJUNATHA, AM: These two appeals filed by the assessee are directed against separate, but identical orders of the Commissioner of Income Tax (Appeals), Income Tax Department, National Faceless Appeal Centre, Delhi, both dated 03.08.2022 and pertains to assessment years 2016-17 & 2019- 20. Since, the facts are identical and issues are common, for the sake

M/S.NLC INDCOSERVE,CUDDALORE vs. INCOME TAX OFFICER,WARD-2,, CUDDALORE

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

Bench: Shri Mahavir Singhand Shri Girish Agrawal

disallowance of Rs. 68,47,885/- claimed as deduction u/s. 80P(2)(d) of the Act by the assessee. The findings given by the Ld. CIT(A) is reproduced as under: “5.2.1 Second line of argument is that TAICO Bank is not a Co- operative Bank and that it is a Co-operative Society only and that the decision

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)

D E R PER S.R. RAGHUNATHA, AM: These are cross appeals preferred by the assessee as well as the Revenue against the respective assessment year orders of the Ld. Commissioner of Income-tax (Appeals) – 18, Chennai (hereinafter referred to as ‘Ld.CIT(A)’), dated 29.02.2024 for the assessment years 2010-11, 2011-12, 2012-13, 2013-14 & 2014- 15 respectively

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)

D E R PER S.R. RAGHUNATHA, AM: These are cross appeals preferred by the assessee as well as the Revenue against the respective assessment year orders of the Ld. Commissioner of Income-tax (Appeals) – 18, Chennai (hereinafter referred to as ‘Ld.CIT(A)’), dated 29.02.2024 for the assessment years 2010-11, 2011-12, 2012-13, 2013-14 & 2014- 15 respectively

TAMIL NADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeal filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: Both the appeals filed by the same assessee are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 13, Chennai both dated 28.02.2017 relevant to the assessment years 2011-12 and 2012-13. The common ground raised in both the appeals of the assessee is that

TAMIL NADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeal filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: Both the appeals filed by the same assessee are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 13, Chennai both dated 28.02.2017 relevant to the assessment years 2011-12 and 2012-13. The common ground raised in both the appeals of the assessee is that

DCIT, CHENNAI vs. SIVA VENTURES LTD., CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

D E R PER BENCH: The assessee filed these appeals in ITA Nos. 1973, 1392, 1393, 1390 & 1391/Chny/2016 against the Commissioner of Income Tax (Appeals)-15, Chennai in ITA Nos. 566, 565, 567, 375 & 381/CIT(A)-15/13-14 dated 03.03.2016, 16.02.2016, 16.02.2016, 09.02.2016, 11.02.2016 for the assessment years 2010- 11, 2007-08, 2008-09, respectively. The Revenue filed appeal