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, TIRUPUR vs. SRI SHANMUGAVEL MILLS PRIVATE LIMITED, TIRUPUR

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

801A(8) of the Act whereby the decision of the market value has been provided by the assessee. In view of the above, none of the judgments relied upon by the assessee are applicable to the facts of the present case. Recently, the Hon’ble Supreme Court in the case of Jindal Power Steel (supra) has held in Para

K.G. DENIM LIMITED,COIMBATORE vs. DCIT, TP-2(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1718/Chny/2024 िनधा"रण वष" / Assessment Year: 2020-21 K G Denim Limited, Dcit, 1, Thenthirumalai, V. Tp-2(1), Jadayampalayam B.O., Chennai. Dhoddabavi, Coimbatore – 641 302. [Pan: Aaack-7940-C] (अपीलाथ"/Assessee) (""यथ"/Respondent) अपीलाथ" क" ओर से/Assessee By : Shri. Arjun Raj, Advocate : Shri. A. Sasikumar, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 11.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 05.12.2024

ii) to the Explanation under Section 801A(8) of the Act. 4. The assessee in consequence to the Show Cause Notice had contended that the power purchase cost of TANGEDCO should not be the basis for comparison inasmuch the power purchase cost of the recipient which has to be seen and compared for the purpose of determining. Further, the assessee

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1,TIRUPPUR, TIRUPPUR vs. PRABHU SPINNING MILLS PRIVATE LIMITED, TIRUPPUR

In the result all the grounds raised by the revenue for the A

3)r.w.s.144B dated 11.06.2021 in accordance with the value\ndetermined by TPO determined the ALP of the inter unit transfer of electricity to be\nRs.10,69,94,336/- which in effect lead to the section 80-IA claim of the assessee\nbeing reduced by Rs.7,71,64,134/- (Rs.18,41,58,470 less Rs.10,69,94,336).\n7. Aggrieved

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

ii) and (iii) of sub-section(4) of Section 10AA of the Act are as follows:\nΟ unit should not be formed by 'splitting up' or 'reconstruction' of a business\nalready in existence;\nΟ unit should not be formed by transfer to a new business, of machinery or\nplant previously used. However, as per Explanation to Section 10AA(4)\nread

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

ii) and (iii) of sub-section(4) of Section 10AA of the Act are as follows:\n\nΟ\nunit should not be formed by 'splitting up' or 'reconstruction' of a business\nalready in existence;\n\nΟ\nunit should not be formed by transfer to a new business, of machinery or\nplant previously used. However, as per Explanation to Section 10AA

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

II, Chennai. [PAN: AAACA 4651 L] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./ITA No.1663/Chny/2024 िनधा"रण वष"/Assessment Year: 2019-20 v. The DCIT, M/s. Ashok Leyland Ltd., NCC-8, No.1, Sardar Patel Road, Chennai. Guindy, Chennai-600 032. [PAN: AAACA 4651 L] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee by : Mr.R. Vijayaraghavan, Advocate Department by : Ms.Ann Marry Baby, CIT : सुनवाईक

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

transferred to the Central Government, State Government local authority or any other statutory authority" (also ref. CBDT Circular no. 14/2001 dated 9/11/2001) developed and begins to operate. Further, as can be made out from the section the deduction will be in respect of income generated from operation of the infrastructure facility in the following specified years as mentioned

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

transferred to the Central Government, State Government local authority or any other statutory authority" (also ref. CBDT Circular no. 14/2001 dated 9/11/2001) developed and begins to operate. Further, as can be made out from the section the deduction will be in respect of income generated from operation of the infrastructure facility in the following specified years as mentioned

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

transferred to the Central Government, State Government local\nauthority or any other statutory authority\"\n(also ref. CBDT Circular no. 14/2001 dated 9/11/2001)\nThus, as contained in the above clarification an assessee is entitled to\ndeduction under section 80IA only after the infrastructure facility is\ndeveloped and begins to operate. Further, as can be made out from\nthe section

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

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

transferred to the Central Government, State Government local\nauthority or any other statutory authority\"\n(also ref. CBDT Circular no. 14/2001 dated 9/11/2001)\nThus, as contained in the above clarification an assessee is entitled to\ndeduction under section 80IA only after the infrastructure facility is\ndeveloped and begins to operate. Further, as can be made out from\nthe section

VA TECH WABAG LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal is allowed for statistical purposes

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

transfer pricing adjustment, the TPO noted from the audit report in Form No.3CEB that there is a claim of revenue expenditure on account of usage of brand name amounting to Rs. 45 Lakhs and payment of Rs. 155 Lakhs for purchase of brand name and capitalize the same in the books of accounts claiming depreciation. The TPO noted the facts

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

Appeal is allowed for statistical purposes

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

transfer pricing adjustment, the TPO noted from the audit report in Form No.3CEB that there is a claim of revenue expenditure on account of usage of brand name amounting to Rs. 45 Lakhs and payment of Rs. 155 Lakhs for purchase of brand name and capitalize the same in the books of accounts claiming depreciation. The TPO noted the facts