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7 results for “depreciation”+ Permanent Establishmentclear

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Key Topics

Section 32A9Section 143(3)6Section 1956Section 94A(4)5Disallowance5Section 36(1)(viia)4Section 36(1)(vii)4Addition to Income4Deduction4

ACIT, CENTRAL CIRCLE-2(1), HYDERABAD vs. TRIDENT CHEMPHAR LIMITED, HYDERABAD

In the result, the appeal of the Revenue is allowed for statistical purposes

ITA 433/HYD/2022[2017-18]Status: DisposedITAT Hyderabad09 Jan 2023AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Asst. Commissioner Of Income Vs. M/S. Trident Chemphar Ltd. Hyderabad. Tax, Central Circle – 2(1), Pan : Aaeft8416H. Hyderabad. (Appellant) (Respondent) Assessee By: Shri B.G. Reddy Revenue By: Shri Rajendra Kumar – Cit-Dr Date Of Hearing: 09.01.2023 Date Of Pronouncement: 09.01.2023

For Appellant: Shri B.G. ReddyFor Respondent: Shri Rajendra Kumar – CIT-DR
Section 132Section 142(1)Section 143(2)Section 143(3)Section 153ASection 195Section 40

Permanent Establishment" within the meaning of clause 2(i) of Article 5 of "Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion" between India and UAE. 8. On the facts and in the circumstances of the case, and in law, the Ld. CIT(Appeals) erred in holding that the provisions of Section 195 are not applicable

Section 143(2)3
Section 683
Depreciation2

DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(1), HYDERABAD vs. LABZONE ELECTRONICS CITY PRIVATE LIMITED (FORMERLY KNOWN AS M/S ALEXANDRIA LABSPACE ELECTRONICS CITY PRIVATE LIMITED), HYDERABAD

Appeal is partly allowed for statistical purposes in above terms

ITA 1489/HYD/2019[2013-14]Status: DisposedITAT Hyderabad23 Feb 2022AY 2013-14

Bench: Shri S.S. Godara & Shri Inturi Rama Raoassessment Year: 2013-14 The Deputy Commissioner Vs. M/S. Labzone Electronics Of Income Tax, City Private Limited Circle 16(1), (Formerly Known As M/S. Hyderabad. Alexandria Labspace Electronics City Private Limited), Hyderabad. Pan :Aajca1470G. (Appellant) (Respondent) Assessee By: Shri P.V.S.S. Prasad. Revenue By: Shri Yvst Sai. Date Of Hearing: 14.02.2022 Date Of Pronouncement: 23.02.2022 O R D E R Per S. S. Godara, J.M. This Revenue’S Appeal For A.Y. 2013-14 Arises From The Commissioner Of Income Tax (Appeals) – 4, Hyderabad’S Order Dated 17.07.2019 In Case No.10331/17-18/Dcit, Cir.1(1)/Cit(A)-4/Hyd/19-20, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 [In Short, ‘The Act’]. Heard Both The Parties. Case File Perused. 2. The Revenue’S Sole Substantive Grievance Raised In The Instant Appeal Challenges Correctness Of The Cit(A)’S Action Deleting Section 94A(4) Addition Of Rs.18,86,00,000/- Made In The Course Of Assessment Framed On 29.12.2016. The Cit(A)’S Lower Appellate Detailed Discussion To This Effect Reads As Follows :-

For Appellant: Shri P.V.S.S. PrasadFor Respondent: Shri YVST Sai
Section 143(3)Section 94ASection 94A(4)

depreciation) arising from the transaction with a person located in a notified jurisdictional area shall be allowed under any other provision of this Act, unless the assessee maintains such other documents and furnishes such information as may be prescribed34b, in this behalf. (4) Notwithstanding anything to the contrary contained in this Act, where, in any previous year, the assessee

ELECTRONICS CORPORATION OF INDIA LIMITED, HYDERABAD,HYDERABAD vs. ADDL.CIT, RANGE-2, HYDERABAD, HYDERABAD

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 228/HYD/2017[2010-11]Status: DisposedITAT Hyderabad06 Sept 2022AY 2010-11

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2010-11 Electronics Corporation Of India Vs. Commissioner Of Income Limited, Tax, Ecil Post, Moulali, Circle 17(1), Hyderabad. Hyderabad. Pan : Aaace4809L (Appellant) (Respondent) Assessee By: Shri C.S. Subrahmanyam Revenue By: Shri Yvst Sai – Cit-Dr Date Of Hearing: 17.08.2022 Date Of Pronouncement: 06.09.2022

For Appellant: Shri C.S. SubrahmanyamFor Respondent: Shri YVST Sai – CIT-DR
Section 143(3)Section 195Section 9Section 90(2)

permanent establishment in India, the business profits of USA resident were not taxable in India. Accordingly, no TDS u/s 195 was warranted. 16. In respect to the payment made to Syscom Instruments, Switzerland, the assessee had submitted before us during the course of argument, that the assessee was wrongly advised to take MFN clause, however, the same was not applicable

ITO., WARD-16(1), HYDERABAD vs. PHOENIX INFRAVENTURES AND PROJECTS PRIVATE LIMITED, HYDERABAD

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

ITA 867/HYD/2024[2022-23]Status: DisposedITAT Hyderabad24 Feb 2025AY 2022-23

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleassessment Year: 2022-23 The Income Tax Officer, Vs. Phoenix Infraventures & Projects Private Limited, Ward – 16(1), Hyderabad. Hyderabad. Pan No.Aafcp5499L. (Assessee) (Respondent) Assessee By: Shri R. Mohan Kumar, Advocate Revenue By: Shri B. Bala Krishna, Cit-Dr Date Of Hearing: 24.12.2024 Date Of Pronouncement: 24.02.2025

For Appellant: Shri R. Mohan Kumar, AdvocateFor Respondent: Shri B. Bala Krishna, CIT-DR
Section 139(1)Section 68

depreciation. During the course of assessment proceedings, the Assessing Officer noticed that the current liability in terms of sundry creditors was increased to Rs.82,40,35,474/- when compared to previous year sundry creditors balance of Rs.37,646/-. Therefore, the Assessing Officer called upon the assessee to file relevant evidence and also to justify the increase in sundry creditors

DY. COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), HYDERABAD vs. UNION BANK OF INDIA, HYDERABAD

In the result, the appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

ITA 1230/HYD/2017[2012-13]Status: DisposedITAT Hyderabad28 Aug 2024AY 2012-13

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1018/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2012-13) Andhra Bank Vs. Dy. C. I. T. Hyderabad Circle 1(1) Pan:Aabca7375C Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.1230/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2012-13 ) Dy. C. I. T. Vs. Andhra Bank Circle 1(1) Hyderabad Hyderabad Pan:Aabca7375C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Ananthan, Ca राज" व "ारा/Revenue By:: Shri Kumar Pranav, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 02/07/2024 घोषणा की तारीख/Pronouncement: 28/08/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue, Are Directed Against The Order Dated 16/02/2016 Of Page 1 Of 59

For Appellant: Shri Ananthan, CAFor Respondent: : Shri Kumar Pranav, CIT(DR)
Section 36(1)(vi)Section 36(1)(vii)Section 36(1)(viia)Section 41(4)

established to have become a bad debt during the previous year, subject to certain conditions. However, a mere provision for bad and doubtful debt(s) is not allowed as a deduction in the computation of taxable profits. In order to promote rural banking and in order to assist the scheduled commercial banks in making adequate provisions from their current profits

UNION BANK OF INDIA,HYDERABAD vs. DY. COMMISSISONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD

In the result, the appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

ITA 1018/HYD/2017[2012-13]Status: DisposedITAT Hyderabad28 Aug 2024AY 2012-13

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1018/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2012-13) Andhra Bank Vs. Dy. C. I. T. Hyderabad Circle 1(1) Pan:Aabca7375C Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.1230/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2012-13 ) Dy. C. I. T. Vs. Andhra Bank Circle 1(1) Hyderabad Hyderabad Pan:Aabca7375C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Ananthan, Ca राज" व "ारा/Revenue By:: Shri Kumar Pranav, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 02/07/2024 घोषणा की तारीख/Pronouncement: 28/08/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue, Are Directed Against The Order Dated 16/02/2016 Of Page 1 Of 59

For Appellant: Shri Ananthan, CAFor Respondent: : Shri Kumar Pranav, CIT(DR)
Section 36(1)(vi)Section 36(1)(vii)Section 36(1)(viia)Section 41(4)

established to have become a bad debt during the previous year, subject to certain conditions. However, a mere provision for bad and doubtful debt(s) is not allowed as a deduction in the computation of taxable profits. In order to promote rural banking and in order to assist the scheduled commercial banks in making adequate provisions from their current profits

MAHESWARI MINING & ENERGY PRIVATE LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD

In the result, appeal of the assessee is allowed

ITA 1220/HYD/2019[2016-17]Status: DisposedITAT Hyderabad01 Apr 2024AY 2016-17

Bench: Shri Laxmi Prasad Sahu & Shri K. Narasimha Charyassessment Years: 2016-17 Maheswari Mining & Vs. Asst. Commissioner Of Energy Pvt. Ltd., Income-Tax, Hyderabad. Circle – 16(2), Hyderabad. Pan – Aagcm0805N (Appellant) (Respondent) Assessee By: S/Shri Y. Ratnamkar& B. Satyanarayana Murthy Revenue By: Shri Y.V.S.T. Sai Date Of Hearing: 21/04/2022 Date Of Pronouncement: /04/2022

For Appellant: S/Shri Y. Ratnamkar&For Respondent: Shri Y.V.S.T. Sai
Section 143(1)Section 143(2)Section 143(3)Section 32A

depreciation or otherwise) in computing the income chargeable under the head profits and gains of business or profession" of any previous year. With a view to ensure that the manufacturing units which are set up by availing this proposed incentive actually contribute to economic growth of these :- 10 -: M/s Maheswari Mining & Energy Pvt. Ltd., Hyderabad. backward areas by carrying