ACIT 8(1), MUMBAI vs. CELETRONIX INDIA P. LTD, MUMBAI

In the result the appeal of the revenue is dismissed and the cross-objection filed by the assessee is allowed

Bench: Shri Amit Shukla, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.5433/Mum/2009 (ननधधारण वषा / Assessment Year : 2003-04) बनधम/ Celetronix India Pvt Ltd, Asstt. Commissioner Of Income C/O Jabil Circuit (I) Pvt.Ltd., Tax -8(1), Vs. Arena House, 3Rd Floor, Plot No.103, Room No.210, 2Nd Floor, Road No.12, Opp Tunga Paradise, Aayaker Bhavan, Marol, Midc, Andheri (E), M K Road, Mumbai-400093 Mumbai-400020 स्थधयी ऱेखध सं./ Pan : Aaact7548K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. Cross-Objection No.81/Mum/2010 Arising Out Of I.T.A. No.5433/Mum/2009 (ननधधारण वषा / Assessment Year : 2003-04) Celetronix India Pvt Ltd, बनधम/ Asstt.Commissioner Of Income Tax 8(1), Vs. Mumbai-400020 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

section 10A even when the change in share holding pattern of the assessee had taken place in the year 2002-03 of more than 51%. Thus, we decide this issue in favour of the assessee on legal issue. 7.1. So far as the merit of the case is concerned, we find that the assessee has gone into substantial expansion

DCIT, BANGALORE vs. M/S THOMSON REUTERS INDIA SERVICES PVT. LTD.,, BANGALORE

In the result, appeal filed by revenue in IT(TP)

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

TDS is not made in accordance with the provisions of section 194J/195 of the Act. 7 I.T.A. No. 234/Bang/2015 I.T.A. No. 843/Bang/2015 I.T.A. No. 542/Bang/2015 4. The DRP erred in not appreciating the fact that the disallowance u/s 40(a)(i)/ 40(a)(ia) of the Act is called for even if the claim is made under the head depreciation

ACIT - 8(2)(2), MUMBAI vs. SONATA SOFTWARE LTD., MUMBAI

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2011-12 Acit, Circle-8(2)(2) Sonata Software Ltd. बनाम/ Room No.348, 3Rd Floor 208, T.V. Industrial Aayakar Bhawan, M.K Road Estate, S.K. Ahire Marg Vs. Mumbai 400 020 Worli, Mumbai 400 030 (याजस्व /Revenue) (यनधाारयती /Assessee) P.A. No. Aabcs8459D याजस्व की ओर से / Revenue By Shri Saurabh Rai यनधाारयती की ओर से / Assessee By Shri Vijay Mehta ुनवाई की तायीख / Date Of Hearing : 21/03/2018 आदेश की तायीख /Date Of Order: 21/03/2018

2) of the Act, the AO disallowed a sum of Rs.20,59,671/- under section 40(a)(i) of the Act. 6.1 Aggrieved, assessee carried the matter before Ld. CIT(A). It was pointed out to the Ld. CIT(A) that the assessee has capitalized the said amount of Rs.20,59,619/- and has claimed only depreciation of Rs.6

ACCENTURE SERVICES P.LTD,MUMBAI vs. ADDL CIT RG 3(1), MUMBAI

In the result, assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

TDS provision. Thus, the DRP held that disallowance made under section 40(a)(ia) of the Act by the Assessing Officer was proper. 66. The learned Sr. Counsel for the assessee drawing our attention to the tax audit report submitted in the paper book contended that the auditor has certified that except the amount

TATA CONSULTANCY SERVICES LTD,MUMBAI vs. ADDL CIT LTU -1, MUMBAI

In the result, Revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

10A / 10AA of the Act. Further, the assessee also declared book profit of ` 40,32,25,37,283, under section 115JB of the Act. Subsequently, on 30th March 2011, the assessee filed a revised return of income enhancing the claim of TDS from ` 139,10,63,978, to ` 160,10,63,978. During the assessment proceedings, the Assessing Officer while

TATA CONSULTANCY SERRVICES LIMITED,MUMBAI vs. DCIT-1, MUMBAI

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

10A / 10AA of the Act till assessment year 2009-10, such as, Denmark, Finland, Hungary, Norway, Oman, South Africa, Saudi Arabia, Taiwan. In this context, he drew our attention to the relevant clauses of the DTAAs with the above noted countries. Thus, he submitted, tax credit has to be provided for taxes paid in overseas jurisdiction in respect of section

ACIT(LTU-1), MUMBAI vs. M/S. TCS LTD, MUMBAI

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

10A / 10AA of the Act till assessment year 2009-10, such as, Denmark, Finland, Hungary, Norway, Oman, South Africa, Saudi Arabia, Taiwan. In this context, he drew our attention to the relevant clauses of the DTAAs with the above noted countries. Thus, he submitted, tax credit has to be provided for taxes paid in overseas jurisdiction in respect of section

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI, MUMBAI

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

2) Nothing in this section shall prejudice the charge of tax on such income under the provisions of sub- section (1) of section 4. From the aforesaid provisions of section 190, it is clear that tax is deductible at source, in respect of any income. Thus, the provisions of section 190 also make it clear that tax is deductible

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

2) Nothing in this section shall prejudice the charge of tax on such income under the provisions of sub- section (1) of section 4. From the aforesaid provisions of section 190, it is clear that tax is deductible at source, in respect of any income. Thus, the provisions of section 190 also make it clear that tax is deductible

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

2) Nothing in this section shall prejudice the charge of tax on such income under the provisions of sub- section (1) of section 4. From the aforesaid provisions of section 190, it is clear that tax is deductible at source, in respect of any income. Thus, the provisions of section 190 also make it clear that tax is deductible

ACIT.COMMISSIONER OF INCOME TAX, RANGE 10(1), MUMBAI vs. M/S TATA CONSULTANCY SERVICES LTD (SUCCESSOR COMPANY TO M/S CMC LIMITED), MUMBAI

Accordingly the same is dismissed

Bench: Shri Aby T.Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/I.T.A.No.6824/Mum/2011 (निर्धारणवर्ा/Assessment Year:2007-08) Assistant Commissioner Of बिधम M/S Tata Consultancy Income Tax-10 (1) Services Ltd (Successor Vs. 455, Aayakar Bhavan, 4Th Company To M/S Cmc Floor, M.K. Marg, Ltd.) Mumbai-400 020 9Th Floor, Nirmal Building Nariman Point, Mumbai-400 021 स्थधयीलेखधसं/.जी. आइ. आर. सं/.Pan/Gir No: .Aaacc2030K .. अपीलार्थी प्रत्यर्थी / Appellant / Respondent

2 to sec. 10A defines export turnover as the consideration in respect of export by the undertaking of articles or things or computer software received in, or brought into India by the assessee in convertible foreign exchange. Thus, in order to qualify for deduction u/s 10A of the Act, there should be export of computer software as well as such

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3),, MUMBAI

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

2) Nothing in this section shall prejudice the charge of tax on such income under the provisions of sub- section (1) of section 4. From the aforesaid provisions of section 190, it is clear that tax is deductible at source, in respect of any income. Thus, the provisions of section 190 also make it clear that tax is deductible

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI, MUMBAI

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

2) Nothing in this section shall prejudice the charge of tax on such income under the provisions of sub- section (1) of section 4. From the aforesaid provisions of section 190, it is clear that tax is deductible at source, in respect of any income. Thus, the provisions of section 190 also make it clear that tax is deductible

WNS GLOBAL SERVICES P. LTD,MUMBAI vs. DCIT CIR 14(3)(1), MUMBAI

In the result, the appeals are partly allowed

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiita No.2257/Mum/2017 Assessment Year : 2012 -13 Ita No.1955/Mum/2016 Assessment Year : 2011 -12

10A of the Act. Ground is allowed. 38 WNS Global Services Private Limited 50. With regard to Ground no.8, facts in brief are that during the year assessee earned dividend income from Mutual Funds amounting to Rs 2,09,64,709/- which was claimed as exempt u/s. 10(35) of the Act. The assessee incurred direct expenses in relation

WNS GLOBAL SERVICES P.LTD,MUMBAI vs. DCIT CIR 14(3)(1), MUMBAI

In the result, the appeals are partly allowed

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiita No.2257/Mum/2017 Assessment Year : 2012 -13 Ita No.1955/Mum/2016 Assessment Year : 2011 -12

10A of the Act. Ground is allowed. 38 WNS Global Services Private Limited 50. With regard to Ground no.8, facts in brief are that during the year assessee earned dividend income from Mutual Funds amounting to Rs 2,09,64,709/- which was claimed as exempt u/s. 10(35) of the Act. The assessee incurred direct expenses in relation

DCIT CENTRAL CIRCLE 5 4, MUMBAI , MUMBAI vs. L AND T VALDEL ENGINEERING LIMITED, BANGALURU

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

TDS by the assessee or by the holding company. The confirmation of L & T in respect of treating the reimbursed cost received from assessee under the head other ITA No.4551/M/2023 to 4555/M/2023 & ITA No. 4767, 4682, 4715, 4683 & 4684/M/2023 Larsen & Toubro Ltd. income has never been questioned. There is no contrary evidences/documents placed by the revenue on record before

LARSEN & TOUBRO LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 5(4), MUMBAI (EARLIER AO DCIT, CIRCLE 11(5) BANGLORE ., MUMBAI

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

TDS by the assessee or by the holding company. The confirmation of L & T in respect of treating the reimbursed cost received from assessee under the head other ITA No.4551/M/2023 to 4555/M/2023 & ITA No. 4767, 4682, 4715, 4683 & 4684/M/2023 Larsen & Toubro Ltd. income has never been questioned. There is no contrary evidences/documents placed by the revenue on record before

DCIT CENTRAL CIRCLE 5(4), MUMBAI vs. L AND T VALDEL ENGINEERING LIMITED, BANGALURU

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

TDS by the assessee or by the holding company. The confirmation of L & T in respect of treating the reimbursed cost received from assessee under the head other ITA No.4551/M/2023 to 4555/M/2023 & ITA No. 4767, 4682, 4715, 4683 & 4684/M/2023 Larsen & Toubro Ltd. income has never been questioned. There is no contrary evidences/documents placed by the revenue on record before