HCL TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

section 10A of the Act with other non-eligible unit/other taxable income. We therefore, accordingly, direct the AO to allow the set of losses amounting to Rs. 22,22,88,862/- crores against other taxable income, after due verification. Ground no. 5 to 5.5 of the appeal are allowed. 8. Ground no. 6 to 6.2 of the appeal are against

HCL TECHNOLOGIES LTD,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

section 10A of the Act with other non-eligible unit/other taxable income. We therefore, accordingly, direct the AO to allow the set of losses amounting to Rs. 22,22,88,862/- crores against other taxable income, after due verification. Ground no. 5 to 5.5 of the appeal are allowed. 8. Ground no. 6 to 6.2 of the appeal are against

THOMSON PRESS (INDIA) LTD vs. COMMISSIONER OF INCOME TAX-II

10A. (1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely:— (i) it has begun or begins to manufacture

THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX-II

10A. (1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely:— (i) it has begun or begins to manufacture

M/S THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX -II

10A. (1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely:— (i) it has begun or begins to manufacture

THOMSON PRESS (INDIA) LTD vs. COMMISSIONER OF INCOME TAX-II

10A. (1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely:— (i) it has begun or begins to manufacture

THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX-II

10A. (1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely:— (i) it has begun or begins to manufacture

M/S THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX- II

10A. (1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely:— (i) it has begun or begins to manufacture

ACIT, NEW DELHI vs. M/S. NIIT TECHNOLOGIES LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed and cross objection of the assessee is allowed for statistical purposes

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2006-07

3) of section 72 provides that no loss, other than the loss referred to in the proviso to sub-section (1) of this section shall be carried forwarded under this section for more than eight assessment years immediately succeeding the assessment year for which the loss was first computed. Thus, it can be seen that the brought forward loss

DCIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahu

section 143(3) of the Income-tax Act, 1961 (“the Act”) wherein, the assessing officer recomputed deduction u/s 10A in respect of the BPO, GNR and Chennai units holding that the assessee had rendered technical services outside India through its foreign branches and, therefore, (i) profits derived from rendering technical services outside India, i.e., from foreign branches, were

ACIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahu

section 143(3) of the Income-tax Act, 1961 (“the Act”) wherein, the assessing officer recomputed deduction u/s 10A in respect of the BPO, GNR and Chennai units holding that the assessee had rendered technical services outside India through its foreign branches and, therefore, (i) profits derived from rendering technical services outside India, i.e., from foreign branches, were

DCIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahu

section 143(3) of the Income-tax Act, 1961 (“the Act”) wherein, the assessing officer recomputed deduction u/s 10A in respect of the BPO, GNR and Chennai units holding that the assessee had rendered technical services outside India through its foreign branches and, therefore, (i) profits derived from rendering technical services outside India, i.e., from foreign branches, were

PHONIX LAMPS LTD vs. ADDL CIT RANGE,

The appeal of the assessee stands allowed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishiassessment Year : 2003-04 M/S Pheonix Lamps Ltd., Vs Addl. Cit, 59A, Nsez, Phase-Ii, Range Noida. Noida. (Appellant) (Respondent) Appellant By :S/Shri Shashwat Bajpai, Sharat Agrawal, Adv. Respondent By : Shri Atiq Ahmad, Sr. Dr Date Of Hearing: 03.08.2017 Date Of Pronouncement: 31.10.2017 O R D E R

depreciation amounting to Rs. 10,27,69,533/-. 2.1 The assessee was entitled to special deduction under section 10A (3

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

DIVYA CREATION,NOIDA vs. PR.CIT, NOIDA

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2013-14 M/S. Divya Creation, Vs. Pr. Cit, Plot No. 97, Nsez, Noida Aayakar Bhawan, A2 D- Block, Sector 24, Noida Pan :Aadfd4879K (Appellant) (Respondent)

3. Decision of Bombay High Court in the case of CIT Vs Gem Plus Jewellery India Ltd 330 ITR 175; 4. Decision of co-ordinate bench of ITAT in the case of DCIT Vs Magarpatta Township Development & Construction Co. 32 taxmann.com 63 3.8 In view of the above decisions cited, the Ld. counsel submitted that in present case to allow