DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, COIMBATORE vs. M/S. RP INFRA PROJECTS LIMITED, ERODE

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

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

disallowance of deduction claimed u/s.80IA of the Act made by the assessing officer primarily on the ground that the assessee was merely executing works contracts and did not satisfy the conditions stipulated u/s.80IA(4), under BOT/BOOT models by holding as under: “4. It is noticed that assessee has claimed deduction of Rs. 4,11,08,393/- under section 801A

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 dismissed

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

disallowance of deduction claimed u/s.80IA of the Act made by the assessing officer primarily on the ground that the assessee was merely executing works contracts and did not satisfy the conditions stipulated u/s.80IA(4), under BOT/BOOT models by holding as under: “4. It is noticed that assessee has claimed deduction of Rs. 4,11,08,393/- under section 801A

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

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

disallowance of deduction claimed u/s.80IA of the\nAct made by the assessing officer primarily on the ground\nthat the assessee was merely executing works contracts\nand did not satisfy the conditions stipulated u/s.80IA(4),\nspecifically stating that the assessee did not operate and\nmaintain the infrastructure nor undertook development\nunder BOT/BOOT models by holding as under:\n\"4

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

disallowance of deduction claimed u/s.80IA of the\nAct made by the assessing officer primarily on the ground\nthat the assessee was merely executing works contracts\nand did not satisfy the conditions stipulated u/s.80IA(4),\nspecifically stating that the assessee did not operate and\nmaintain the infrastructure nor undertook development\nunder BOT/BOOT models by holding as under:\n\"4

ST. JOHN FREIGHT SYSTEMS PVT. LTD.,,TUTUCORIN vs. DCIT, CC-1,, MADURAI

In the result appeals filed in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Arun Khodpia, Hon’Bleआयकरअपीलसं./Ita Nos.188 & 2898 To 2900/Chny/2019 िनधा"रणवष"/Assessment Years: 2007-08 To 2010-11 V. M/S.St.John Freight – The Dy. Commissioner- Systems Pvt. Ltd., Of Income Tax, C-98, Sipcot Complex, Central Circle-1, Harbour Express Road, Madurai. Tuticorin-628 008. [Pan:Aaacs 4697 N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.R.Vijayaraghavan, Adv. ""थ" की ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit सुनवाईकीतारीख/Date Of Hearing : 13.03.2023 घोषणाकीतारीख /Date Of Pronouncement : 06.04.2023

disallowance of section 80IA read will section 80AC in respect of the original return, as the only surviving return is that filed pursuant to notice u/s. 153A and the time limit for filing of return and claiming deduction u/s.801A shall be as per section 153A of the Act. The Deputy Commissioner of Income tax erred in not following the decision

ST. JOHN FREIGHT SYSTEMS LTD.,TUTICORIN vs. DCIT CENTRAL CIRCLE 1, MADURAI

In the result appeals filed in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Arun Khodpia, Hon’Bleआयकरअपीलसं./Ita Nos.188 & 2898 To 2900/Chny/2019 िनधा"रणवष"/Assessment Years: 2007-08 To 2010-11 V. M/S.St.John Freight – The Dy. Commissioner- Systems Pvt. Ltd., Of Income Tax, C-98, Sipcot Complex, Central Circle-1, Harbour Express Road, Madurai. Tuticorin-628 008. [Pan:Aaacs 4697 N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.R.Vijayaraghavan, Adv. ""थ" की ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit सुनवाईकीतारीख/Date Of Hearing : 13.03.2023 घोषणाकीतारीख /Date Of Pronouncement : 06.04.2023

disallowance of section 80IA read will section 80AC in respect of the original return, as the only surviving return is that filed pursuant to notice u/s. 153A and the time limit for filing of return and claiming deduction u/s.801A shall be as per section 153A of the Act. The Deputy Commissioner of Income tax erred in not following the decision

ST. JOHN FREIGHT SYSTEMS LTD.,TUTICORIN vs. DCIT CENTRAL CIRCLE 1, MADURAI

In the result appeals filed in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Arun Khodpia, Hon’Bleआयकरअपीलसं./Ita Nos.188 & 2898 To 2900/Chny/2019 िनधा"रणवष"/Assessment Years: 2007-08 To 2010-11 V. M/S.St.John Freight – The Dy. Commissioner- Systems Pvt. Ltd., Of Income Tax, C-98, Sipcot Complex, Central Circle-1, Harbour Express Road, Madurai. Tuticorin-628 008. [Pan:Aaacs 4697 N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.R.Vijayaraghavan, Adv. ""थ" की ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit सुनवाईकीतारीख/Date Of Hearing : 13.03.2023 घोषणाकीतारीख /Date Of Pronouncement : 06.04.2023

disallowance of section 80IA read will section 80AC in respect of the original return, as the only surviving return is that filed pursuant to notice u/s. 153A and the time limit for filing of return and claiming deduction u/s.801A shall be as per section 153A of the Act. The Deputy Commissioner of Income tax erred in not following the decision

ST. JOHN FREIGHT SYSTEMS LTD.,TUTICORIN vs. DCIT CENTRAL CIRCLE 1, MADURAI

In the result appeals filed in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Arun Khodpia, Hon’Bleआयकरअपीलसं./Ita Nos.188 & 2898 To 2900/Chny/2019 िनधा"रणवष"/Assessment Years: 2007-08 To 2010-11 V. M/S.St.John Freight – The Dy. Commissioner- Systems Pvt. Ltd., Of Income Tax, C-98, Sipcot Complex, Central Circle-1, Harbour Express Road, Madurai. Tuticorin-628 008. [Pan:Aaacs 4697 N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.R.Vijayaraghavan, Adv. ""थ" की ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit सुनवाईकीतारीख/Date Of Hearing : 13.03.2023 घोषणाकीतारीख /Date Of Pronouncement : 06.04.2023

disallowance of section 80IA read will section 80AC in respect of the original return, as the only surviving return is that filed pursuant to notice u/s. 153A and the time limit for filing of return and claiming deduction u/s.801A shall be as per section 153A of the Act. The Deputy Commissioner of Income tax erred in not following the decision

C.E.S.ONYX PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeals of the assessee are dismissed

disallowances\nmade by A.O u/s. 801A(4) of the Act.\n7. The Ld. AR before us has submitted that the agreement entered\ninto with CoC, the municipal authority with M/s. CGEA Asia Holdings\nPvt. Ltd. On the 26th November 1999 is a concession agreement and\nnot a contract for executing any work therefore, the work cannot be\ntreated as work

VA TECH WABAG LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal is allowed for statistical purposes

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

disallowance of RS.2,96,49,439/ being technical and engineering charges paid to VA Tech Wabg GmbH, Austria on the presumption that no withholding tax has been deducted by the assessee. The A.O failed to understand that as per Section 9 (1) (vii) clause (b) of the Act, the income deemed to accrue or arise in India in respect

DCIT, CHENNAI vs. V.A. TECH WABAG LIMITED, CHENNAI

Appeal is allowed for statistical purposes

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

disallowance of RS.2,96,49,439/ being technical and engineering charges paid to VA Tech Wabg GmbH, Austria on the presumption that no withholding tax has been deducted by the assessee. The A.O failed to understand that as per Section 9 (1) (vii) clause (b) of the Act, the income deemed to accrue or arise in India in respect

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, TRICHY, TRICHY vs. KUMARASAMY RAMAKRISHNAN, KARUR

In the result, all the three appeals filed by the Revenue are dismissed

Bench: Shri Duvvuru Rl Reddy & Shri S. R. Raghunathaआयकर अपीलसं/.Ita Nos.:3315, 3316 & 3321/Chny/2024 िनधा"रण वष" / Assessment Years: 2019-20, 2020-21 & 2018-19

801A, it is prerequisite that the assessee has not formed the new business with machinery previously used. 2.5 The Ld. CIT (A) erred in not observing that, as per Explanation 2 to subsection 3 of 80IA, if the total value of used plant, machinery in the new business is less than 20% then clause ii) of section 80IA(3) will

ASSISTANT COMMISSIONER OF INCOME TAX , NUNGAMBAKKAM vs. OLYMPIA TECH PARK (CHENNAI) PRIVATE LIMITED, CHENNAI

Bench: Shri Aby T. Varkey & Shri Jagadish

section 801A(4), viz., (1) development of industrial park, (ii) development and operation of industrial park and (iii) operation and maintenance of industrial park; the assessee (transferee) is not a developer of industrial park but is only carrying out operation and maintenance of the industrial park and accordingly only the part of income as is attributable to "operation and maintenance

ASSISTANT COMMISSIONER OF INCOME TAX, NUNGAMBAKKAM vs. OLYMPIA TECH PARK (CHENNAI) PRIVATE LIMITED, CHENNAI

Bench: Shri Aby T. Varkey & Shri Jagadish

section 801A(4), viz., (1) development of industrial park, (ii) development and operation of industrial park and (iii) operation and maintenance of industrial park; the assessee (transferee) is not a developer of industrial park but is only carrying out operation and maintenance of the industrial park and accordingly only the part of income as is attributable to "operation and maintenance

ASSISTANT COMMISSIONER OF INCOME TAX , NUNGAMBAKKAM vs. OLYMPIA TECH PARK (CHENNAI) PRIVATE LIMITED, CHENNAI

Bench: Shri Aby T. Varkey & Shri Jagadish

section 801A(4), viz., (1) development of industrial park, (ii) development and operation of industrial park and (iii) operation and maintenance of industrial park; the assessee (transferee) is not a developer of industrial park but is only carrying out operation and maintenance of the industrial park and accordingly only the part of income as is attributable to "operation and maintenance

TITAN COMPANY LIMITED,HOSUR vs. ASSISTANT COMMISSIONER OF INCOME TAX - LTU 2 (IC), CHENNAI

In the result the appeal raised by the assessee is partly allowed

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1742/Chny/2024 निर्धारण वर्ा /Assessment Years: 2011-12 Titan Company Limited, Assistant Commissioner Of No.3, Sipcot Industrial Complex, Income Tax, Hosur, Krishnagiri, Ltu-2, Tamil Nadu-635126 Chennai [Pan: Aaact5131A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Abhay Kumar, C.A अपीलार्थी की ओर से/ Assessee By : Ms.Komali Krishna, Cit प्रत्यर्थी की ओर से /Revenue By सुनवाई की तारीख/Date Of Hearing : 10.09.2024 घोषणा की तारीख /Date Of Pronouncement : 04.12.2024

801A(5). 7.7.1 In the instant case, even if set off of loss of Rs. 2,12,94,977 in the initial year i.e AY 2010-11 against the profits from other units is found to be correct in view of provisions of section 70, ratio of CBDT Circular dated 16.07.2013 and the judgment given by the Hon'ble ITAT

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, TIRUNELVELI vs. VVD AND SONS PRIVATE LIMITED, TUTICORIN

In the result, the appeal filed by the Revenue is dismissed

disallowance of deduction u/s\n80IA claimed towards interest income o Rs. 2.3423.637- by holding that\ninterest income partakes of the character of profits and gains of eligible\nbusiness\n3. The learned CITA) failed to appreciate that Section 80IA provides for\nallowing of deduction in respect of profits & gains \"derived from\"\neligible business and that Section 80IA does not provide

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI vs. ASHOK LEYLAND LIMITED, CHENNAI

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

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

section 14A is applicable prospectively from with effect from 1.4.2022 and not for the year under appeal. 3.3. Without prejudice to above grounds, even if Rule 8D is held as applicable, investments from which no dividend income is earned should not be considered while applying Rule 8D as held in Appellant's own case