RAJESH BUILDER,MUMBAI vs. CIT 22, MUMBAI

In the result, appeals of assessee in ITA Nos

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

capital gain for AY 2004-05. However, in AY 2005-06, the Tribunal took a different view in assessee’s own case and held that the profit on sale of plot of land is to be assessee as business income. It means there are two view possible and once there are two views possible, the revision under section

PROCTER & GAMBLE HYGIENE & HEALTH CARE LTD,MUMBAI vs. ADDL CIT CIR 8(2), MUMBAI

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

Gain in terms of Sec.50B of the Income Tax Act, 1961.” P a g e | 20 6 Appeals Procter & Gamble Hygiene & Healthcare Pvt. Ltd. Vs. ACIT, Circle 8(2) 20. After referring the contents of the agreement and sale consideration provided in Schedule III the ld. CIT(A) stated that at para no. 3 of the agreement it is clearly

DCIT RG 8(2), MUMBAI vs. PROCTOR & GAMBLE HYGIENE & HEALTH CARE LTD, MUMBAI

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

Gain in terms of Sec.50B of the Income Tax Act, 1961.” P a g e | 20 6 Appeals Procter & Gamble Hygiene & Healthcare Pvt. Ltd. Vs. ACIT, Circle 8(2) 20. After referring the contents of the agreement and sale consideration provided in Schedule III the ld. CIT(A) stated that at para no. 3 of the agreement it is clearly

ADDL CIT RG 8(2), MUMBAI vs. PROCTOR & GAMBLE HYGIENE & HEALTH CARE LTD, MUMBAI

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

Gain in terms of Sec.50B of the Income Tax Act, 1961.” P a g e | 20 6 Appeals Procter & Gamble Hygiene & Healthcare Pvt. Ltd. Vs. ACIT, Circle 8(2) 20. After referring the contents of the agreement and sale consideration provided in Schedule III the ld. CIT(A) stated that at para no. 3 of the agreement it is clearly

PROCTER & GAMBLE HYGINE & HEALTH CARE LTD,MUMBAI vs. ADDL CIT CIR 8(2), MUMBAI

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

Gain in terms of Sec.50B of the Income Tax Act, 1961.” P a g e | 20 6 Appeals Procter & Gamble Hygiene & Healthcare Pvt. Ltd. Vs. ACIT, Circle 8(2) 20. After referring the contents of the agreement and sale consideration provided in Schedule III the ld. CIT(A) stated that at para no. 3 of the agreement it is clearly

ADDL CIT RG 8(2), MUMBAI vs. PROCTOR & GAMBLE HYGINENE & HEALTH CARE LTD, MUMBAI

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

Gain in terms of Sec.50B of the Income Tax Act, 1961.” P a g e | 20 6 Appeals Procter & Gamble Hygiene & Healthcare Pvt. Ltd. Vs. ACIT, Circle 8(2) 20. After referring the contents of the agreement and sale consideration provided in Schedule III the ld. CIT(A) stated that at para no. 3 of the agreement it is clearly

PROCTER & GAMBLE HYGIENE & HEALTH CARE LTD.,MUMBAI vs. ADDL.C.I.T. CIR. 8(2), MUMBAI

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

Gain in terms of Sec.50B of the Income Tax Act, 1961.” P a g e | 20 6 Appeals Procter & Gamble Hygiene & Healthcare Pvt. Ltd. Vs. ACIT, Circle 8(2) 20. After referring the contents of the agreement and sale consideration provided in Schedule III the ld. CIT(A) stated that at para no. 3 of the agreement it is clearly

THE DY CIT, CIRCLE-4(1)(2),, AHMEDABAD vs. VODAFONE WEST LIMITED,, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

Capital WIP.\"\n13). \"The DRP, Ahmedabad has erred in law and on facts in deleting the\naddition made on account of Arm's Length Price of international transaction\nas under:\"\n13a). \"The DRP, Ahmedabad has erred in law and on facts in deleting the\nadjustment made in respect of the determination of ALP for royalty\npayments for use of brands

VODAFONE WEST LIMITED,(FORMERLY KNOWN AS VODAFONE ESSAR GUJARAT LIMITED),AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

Capital WIP.\"\n13). \"The DRP, Ahmedabad has erred in law and on facts in deleting the\naddition made on account of Arm's Length Price of international transaction\nas under:\"\n13a). \"The DRP, Ahmedabad has erred in law and on facts in deleting the\nadjustment made in respect of the determination of ALP for royalty\npayments for use of brands

DEPUTY COMMISSIONER OF INCOME TAX 1(1)(2), MUMBAI vs. HINDUSTAN UNILEVER LIMITED, MUMBAI

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

801B & 10B and are in no way dependent on the said new industrial undertakings and therefore cannot be considered and allocated in arriving at the amount of profits derived from the said undertakings. Expenditure attributable to earning of tax-free income - Section 14A disallowance 4. erred in confirming disallowance under section 14A in respect of expenditure in relation

ACIT CC.8, MUMBAI vs. JINDAL DRUGS LTD,, MUMBAI

In the result, appeals filed by the assessee are allowed in part whereas the appeals filed by the Revenue are dismissed

Bench: Shri R.C. Sharma & Shri Sandeep Gosainassessment Year: - 2005-06 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel 229, Nariman Point, – 8 Aaykar Bhavan, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Appellant Respondent Pan/Gir No. Aaacj1000A Assessment Year: - 2005-06 The Asst. Commissioner Of Vs.` Jindal Drugs Limited Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel – 8 229, Nariman Point, Old Cgo Bldg, Annexe, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Pan/Gir No. Aaacj1000A Appellant Respondent Assessment Year: - 2006-07 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, Income Tax, Central Circel – 8, B&C, Aaykar Bhavan, 229, Nariman Point, M.K. Road, Mumbai – 400 020. Mumbai – 400 021. Pan/Gir No. Aaacj1000A Appellant Respondent

Capital Management Ltd., 117 ITD 169, held that if the investments are made out of own funds no disallowance can be made u/s 14A of the Act.. 2.4 Respectfully following the decisions referred above, we do not find any infirmity in the order of the CIT(A) deleting the disallowance of interest so Page 6 of 39 7 Jindal

ACIT CC-8, MUMBAI vs. JINDAL DRUGS LTD, MUMBAI

In the result, appeals filed by the assessee are allowed in part whereas the appeals filed by the Revenue are dismissed

Bench: Shri R.C. Sharma & Shri Sandeep Gosainassessment Year: - 2005-06 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel 229, Nariman Point, – 8 Aaykar Bhavan, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Appellant Respondent Pan/Gir No. Aaacj1000A Assessment Year: - 2005-06 The Asst. Commissioner Of Vs.` Jindal Drugs Limited Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel – 8 229, Nariman Point, Old Cgo Bldg, Annexe, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Pan/Gir No. Aaacj1000A Appellant Respondent Assessment Year: - 2006-07 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, Income Tax, Central Circel – 8, B&C, Aaykar Bhavan, 229, Nariman Point, M.K. Road, Mumbai – 400 020. Mumbai – 400 021. Pan/Gir No. Aaacj1000A Appellant Respondent

Capital Management Ltd., 117 ITD 169, held that if the investments are made out of own funds no disallowance can be made u/s 14A of the Act.. 2.4 Respectfully following the decisions referred above, we do not find any infirmity in the order of the CIT(A) deleting the disallowance of interest so Page 6 of 39 7 Jindal

JINDAL DRUGS LTD,MUMBAI vs. M/S. ACIT CEN CIR-8, MUMBAI

In the result, appeals filed by the assessee are allowed in part whereas the appeals filed by the Revenue are dismissed

Bench: Shri R.C. Sharma & Shri Sandeep Gosainassessment Year: - 2005-06 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel 229, Nariman Point, – 8 Aaykar Bhavan, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Appellant Respondent Pan/Gir No. Aaacj1000A Assessment Year: - 2005-06 The Asst. Commissioner Of Vs.` Jindal Drugs Limited Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel – 8 229, Nariman Point, Old Cgo Bldg, Annexe, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Pan/Gir No. Aaacj1000A Appellant Respondent Assessment Year: - 2006-07 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, Income Tax, Central Circel – 8, B&C, Aaykar Bhavan, 229, Nariman Point, M.K. Road, Mumbai – 400 020. Mumbai – 400 021. Pan/Gir No. Aaacj1000A Appellant Respondent

Capital Management Ltd., 117 ITD 169, held that if the investments are made out of own funds no disallowance can be made u/s 14A of the Act.. 2.4 Respectfully following the decisions referred above, we do not find any infirmity in the order of the CIT(A) deleting the disallowance of interest so Page 6 of 39 7 Jindal

ACIT CEN CIR-8, MUMBAI vs. M/S. JINDAL DRUGS LTD, MUMBAI

In the result, appeals filed by the assessee are allowed in part whereas the appeals filed by the Revenue are dismissed

Bench: Shri R.C. Sharma & Shri Sandeep Gosainassessment Year: - 2005-06 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel 229, Nariman Point, – 8 Aaykar Bhavan, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Appellant Respondent Pan/Gir No. Aaacj1000A Assessment Year: - 2005-06 The Asst. Commissioner Of Vs.` Jindal Drugs Limited Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel – 8 229, Nariman Point, Old Cgo Bldg, Annexe, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Pan/Gir No. Aaacj1000A Appellant Respondent Assessment Year: - 2006-07 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, Income Tax, Central Circel – 8, B&C, Aaykar Bhavan, 229, Nariman Point, M.K. Road, Mumbai – 400 020. Mumbai – 400 021. Pan/Gir No. Aaacj1000A Appellant Respondent

Capital Management Ltd., 117 ITD 169, held that if the investments are made out of own funds no disallowance can be made u/s 14A of the Act.. 2.4 Respectfully following the decisions referred above, we do not find any infirmity in the order of the CIT(A) deleting the disallowance of interest so Page 6 of 39 7 Jindal

JINDAL DRUGS LTD,MUMBAI vs. ACIT CEN CIR 8, MUMBAI

In the result, appeals filed by the assessee are allowed in part whereas the appeals filed by the Revenue are dismissed

Bench: Shri R.C. Sharma & Shri Sandeep Gosainassessment Year: - 2005-06 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel 229, Nariman Point, – 8 Aaykar Bhavan, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Appellant Respondent Pan/Gir No. Aaacj1000A Assessment Year: - 2005-06 The Asst. Commissioner Of Vs.` Jindal Drugs Limited Bakhtawar, 6Th Floor, B&C, Income Tax, Central Circel – 8 229, Nariman Point, Old Cgo Bldg, Annexe, Mumbai – 400 021. M.K. Road, Mumbai – 400 020. Pan/Gir No. Aaacj1000A Appellant Respondent Assessment Year: - 2006-07 Jindal Drugs Limited Vs. The Asst. Commissioner Of Bakhtawar, 6Th Floor, Income Tax, Central Circel – 8, B&C, Aaykar Bhavan, 229, Nariman Point, M.K. Road, Mumbai – 400 020. Mumbai – 400 021. Pan/Gir No. Aaacj1000A Appellant Respondent

Capital Management Ltd., 117 ITD 169, held that if the investments are made out of own funds no disallowance can be made u/s 14A of the Act.. 2.4 Respectfully following the decisions referred above, we do not find any infirmity in the order of the CIT(A) deleting the disallowance of interest so Page 6 of 39 7 Jindal

M/S. UNITED PHOSPHORUS LTD.,MUMBAI vs. DCIT CENT. CIR. - 38, MUMBAI

In the result, appeal of the revenue is partly allowed

Bench: Shri Amit Shukla & Shri Gagan Goyalm/S. United Phosphorus Limited, Mumbai (Now Known As Uniphos Enterprises Ltd.) Uniphos House, 11-C.D. Marg Opp. Madhu Park Khar (W), Mumbai – 400 052 Pan: Aaacu3440P ...... Appellant Vs. Acit Cc -2 Dy. Commissioner Of Income Tax Central Circle-38 Mumbai ..... Respondent Acit Cc -2 Dy. Commissioner Of Income Tax Central Circle-38 Mumbai ...... Appellant Vs. M/S. United Phosphorus Limited, Mumbai (Now Known As Uniphos Enterprises Ltd.) Uniphos House, 11-C.D. Marg Opp. Madhu Park Khar (W) Mumbai – 400 052 Pan: Aaacu3440P ...... Respondent (Now Known As Uniphos Enterprises Ltd.)

801B and 80HH of the Act was brought out i.e. "profits and gains derived from industrial undertakings" as found in Section 80HH of the Act with "profits and gains derived from any business of an industrial undertakings". In view of the difference in language of the two Sections, this Court held that interest on fixed deposits in the bank would

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(3), MUMBAI vs. M/S SAMSON MARITIME LTD, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

801B of the Act, would also be incorrect. The claim of the assessee falls in this league as it says that if MSA has granted registration, the same is the final word for TTS. 5.2.2.3. The assessee has further tried to argue that the sec 3(41) of MSA has got no relevance as far as TTS is concerned

DY COMMISSIONER OF INCOME TAX (APPEAL)-53, MUMBAI vs. SAMSON MARITIME LIMITED, MUMBAI

In the result, appeals of the Revenue are dismissed and appeals of the assessee are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

801B of the Act, would also be incorrect. The claim of the assessee falls in this league as it says that if MSA has granted registration, the same is the final word for TTS. 5.2.2.3. The assessee has further tried to argue that the sec 3(41) of MSA has got no relevance as far as TTS is concerned