PEOPLE INERACTIVE (I) P.LTD,MUMBAI vs. PR CIT 7, MUMBAI

The appeals of the assessee are allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

2) of section 33, sub-section (4) of section 35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduction; (ii) no loss referred to in sub-section (1) of section 72 or sub- section (1) or sub-section

ASST CIT CIR 1, KALYAN vs. ASB INTERNATIONAL P. LTD, AMBERNATH

In the result, appeals filed by the Revenue in ITA No

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.7034/Mum/2013 & 7035/Mum/2013 ("नधा"रण वष" / Assessment Years : 2004-05 & 2006-07) Asstt. Commissioner Of M/S Asb International बनाम/ Income Tax – Circle 1, Pvt. Ltd., V. Kalyan, E-9, Addl Ambernath Indl. 1St Floor,, Area, Mohan Plaza, Midc Anand Nagar, Wayale Nagar, Ambernath. Khadakpada, Kalyan. "थायी लेखा सं./Pan :Aaaca8424F .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

depreciation and losses of the unit, the income which is not eligible for deduction under section 10A of the Act cannot be set off against the current profit of the eligible unit for computing the deduction under section 10A of the I.T. Act.” 7. The Hon'ble High Court held as under: “2. The Assessing Officer, during the course

DCIT, CIRCLE-1, , KALYAN vs. M/S ASB INTERNATIONAL PVT LTD, MUMBAI

In the result the appeal of the revenue stand dismissed

Bench: Amarjit Singh & Shri Sandip Singh Karhaildcit, C-1,Kalyan Vs. M/S. Asb International 1St Floor, Mohan Plaza, Pvt. Ltd. Mayale Naar, E9, E44, Addl. Kalyan(W)- 421301 Ambernath, Industrial Area, Anand Nagar, Ambernath Thane-421506 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaaca8424F Appellant .. Respondent C.O. No. 65/Mum/2023 (A.Y. 2009-10)

depreciation and losses of the unit, the income P a g e | 10 ITA No. 1541/Mum/2023 & CO No. 65/Mum/2023 AY 2009-10 ASSB International Pvt. Ltd. which is not eligible for deduction under section 10A of the Act cannot be set off against the current profit of the eligible unit for computing the deduction under section 10A

UNION BANK OF INDIA,MUMBAI vs. DCIT LTU (2), MUMBAI

10A thereof, provides for the procedure to be followed\nby every corresponding new bank for the purposes of holding its\nannual general meeting.\nThus, the said Act deals with various other procedural aspects\nwhich will apply only to a corresponding new bank. Reference\nhas been made to these provisions to show that the aspects\nrelating to maintenance of books

CENTRAL BANK OF INDIA,MUMBAI vs. ACIT - 2(1)(2), MUMBAI

10A thereof, provides for the procedure to be followed\nby every corresponding new bank for the purposes of holding its\nannual general meeting.\nThus, the said Act deals with various other procedural aspects\nwhich will apply only to a corresponding new bank. Reference\nhas been made to these provisions to show that the aspects\nrelating to maintenance of books

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

depreciation\nof towers owned by it, site rentals for towers of other telecommunication\ncompanies used by it, power and fuel costs, security, repairs and maintenance\nexpenses, etc. Thus, it was submitted that these costs were being incurred by\nthe assessee in earlier years, and were reduced in the year under\nconsideration since M/s. Indus Towers Ltd. took over the running

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

depreciation\nof towers owned by it, site rentals for towers of other telecommunication\ncompanies used by it, power and fuel costs, security, repairs and maintenance\nexpenses, etc. Thus, it was submitted that these costs were being incurred by\nthe assessee in earlier years, and were reduced in the year under\nconsideration since M/s. Indus Towers Ltd. took over the running

DCIT 10(3)(2), MUMBAI vs. PHOENIX MECANO (I) PLTD, MUMBAI

In the result, appeal of the Revenue is allowed

Bench: Shri Joginder Singh, Assessment Year:2011-12

IA or for that matter akin to sub-section (6) of Section 80-I has not been introduced by the Legislature when it enacted Section 10B. The fact that unabsorbed depreciation can be carried forward to a subsequent year does not militate against the entitlement of the assessee to set off a loss which is sustained by an eligible unit

DCIT-2(3), MUMBAI vs. M/S. ZENSAR TECHNOLOGIES LTD., MUMBAI

In the result, the appeal is partly allowed

Bench: Amit Shukla () & Ms. Padmavathy S. ()

IA of the Act by treating ‘eligible business’ as the ‘only source of income’.” 25 ITA 5653/Mum/2009 M/s Zensar Technologies Ltd 21. We notice that sub-section (3) of section 80HHE which deals with the manner of computation of eligible deduction states that for the purpose of deduction “Profits derived from the business” shall be considered and that sub section

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 ()

depreciation under section 40(a)(i) / 40(a)(ia) of the Act. g) Without prejudice to the above, the learned AO further erred in not allowing deduction under section 10A of the Act for disallowance considered under section 40(a)(i) / 40(a)(ia) of the Act. 11. That the learned AO erred in consequently levying interest under section 234B

THERMO FISHER SCIENTIFIC INDIA P. LTD,MUMBAI vs. DCIT 15(3)(1), MUMBAI

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

ia) of the IT Act and\nnot just a proportion of the said amount as deductible revenue expenditure\nsince the payees have discharged their tax liability on the non-compete fee\npaid by the Appellant by furnishing their return of income during the subject\nyear.\n7. Ground 7 - Allowance of brought forward unabsorbed depreciation\nof AY 2008-09\n7.1

SUREPREP (INDIA) P.LTD,MUMBAI vs. ITO WD 8(3)(2), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.2243/मुं/2013 (िन.व.2009-10) आअसं.5523/मुं/2013 (िन.व.2010-11) आअसं.5855/मुं/2014 (िन.व.2011-12) M/S. Sureprep (India) Private Limited, 4Th Floor, Dhantak Plaza, Makwana Road, Marol, Andheri(E), Mumbai – 400 034. Pan: Aahcs-9039-H ...... अपीलाथ" /Appellant बनाम Vs. The Income Tax Officer, Ward 8(3)(2), 2Nd Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Dalpat Shah & Ms. Arti Shah "ितवादी "ारा/Respondent By : Ms. Samrudhi Dhananjay Hande & Shri P.D. Chougule सुनवाई क" ितिथ/ Date Of Hearing : 25/08/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 03/11/2023 आदेश आदेश/ Order आदेश आदेश Per Vikas Awasthy, Jm: These Three Appeals By The Assessee For Assessment Years 2009-10, 2010-11 & 2011-12 Are Taken Up Together For Adjudication As The Issues Involved In These Appeals Are Identical. The Appeal Of Assessee For Assessment Year 2009-10 Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-18, Mumbai [ In Short ‘The Cit(A)’ ], Dated 02/01/2013

2. The learned Commissioner of Income Tax (Appeals), has erred in law and on facts of the case in confirming the action of the learned Income Tax officer in holding that unabsorbed depreciation of preceding years are liable to be treated as current years depreciation and accordingly same is required to be set off against the profits of the undertaking

SUREPREP (INDIA)P.LTD,MUMBAI vs. ITO 8(3)(2), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.2243/मुं/2013 (िन.व.2009-10) आअसं.5523/मुं/2013 (िन.व.2010-11) आअसं.5855/मुं/2014 (िन.व.2011-12) M/S. Sureprep (India) Private Limited, 4Th Floor, Dhantak Plaza, Makwana Road, Marol, Andheri(E), Mumbai – 400 034. Pan: Aahcs-9039-H ...... अपीलाथ" /Appellant बनाम Vs. The Income Tax Officer, Ward 8(3)(2), 2Nd Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Dalpat Shah & Ms. Arti Shah "ितवादी "ारा/Respondent By : Ms. Samrudhi Dhananjay Hande & Shri P.D. Chougule सुनवाई क" ितिथ/ Date Of Hearing : 25/08/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 03/11/2023 आदेश आदेश/ Order आदेश आदेश Per Vikas Awasthy, Jm: These Three Appeals By The Assessee For Assessment Years 2009-10, 2010-11 & 2011-12 Are Taken Up Together For Adjudication As The Issues Involved In These Appeals Are Identical. The Appeal Of Assessee For Assessment Year 2009-10 Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-18, Mumbai [ In Short ‘The Cit(A)’ ], Dated 02/01/2013

2. The learned Commissioner of Income Tax (Appeals), has erred in law and on facts of the case in confirming the action of the learned Income Tax officer in holding that unabsorbed depreciation of preceding years are liable to be treated as current years depreciation and accordingly same is required to be set off against the profits of the undertaking

SUREPREP (INDIA) P.LTD,MUMBAI vs. ITO RG 8(3)(2), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.2243/मुं/2013 (िन.व.2009-10) आअसं.5523/मुं/2013 (िन.व.2010-11) आअसं.5855/मुं/2014 (िन.व.2011-12) M/S. Sureprep (India) Private Limited, 4Th Floor, Dhantak Plaza, Makwana Road, Marol, Andheri(E), Mumbai – 400 034. Pan: Aahcs-9039-H ...... अपीलाथ" /Appellant बनाम Vs. The Income Tax Officer, Ward 8(3)(2), 2Nd Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Dalpat Shah & Ms. Arti Shah "ितवादी "ारा/Respondent By : Ms. Samrudhi Dhananjay Hande & Shri P.D. Chougule सुनवाई क" ितिथ/ Date Of Hearing : 25/08/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 03/11/2023 आदेश आदेश/ Order आदेश आदेश Per Vikas Awasthy, Jm: These Three Appeals By The Assessee For Assessment Years 2009-10, 2010-11 & 2011-12 Are Taken Up Together For Adjudication As The Issues Involved In These Appeals Are Identical. The Appeal Of Assessee For Assessment Year 2009-10 Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-18, Mumbai [ In Short ‘The Cit(A)’ ], Dated 02/01/2013

2. The learned Commissioner of Income Tax (Appeals), has erred in law and on facts of the case in confirming the action of the learned Income Tax officer in holding that unabsorbed depreciation of preceding years are liable to be treated as current years depreciation and accordingly same is required to be set off against the profits of the undertaking

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

ia) ignoring the fact that appeal against this issue in earlier years is pending in Bombay High Court." 6. "On the facts and in the circumstances of the case in law, the Ld. CIT(A) erred in deleting the disallowance u/s. 10A in computation of book profit u/s 115JB ignoring the fact that the decision of deleting the disallowance

MOUNT MARY NAGARI CO OP CREDIT SOCIETY LIMITED ,MUMBAI vs. INCOME TAX OFFICER WARD 23(2)(3), MUMBAI, MUMBAI

In the result, the appeal preferred by the assessee is allowed for\nstatistical purposes

2)(a)(i) of the Act, having regard to the\nmode of business of the assessee.\n8. The provision of Section 80A(5) speaks that where the assessee fails\nto make a claim for his return of income for any deduction under Section\n10A or Section 10AA or Section 10B or Section 10BA or under any\nprovision of this chapter

HINDUSTAN UNILEVER LTD,MUMBAI vs. ITO CIR 1(1)(4), MUMBAI

In the result, both the appeal of the assessee and the revenue are partly allowed

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

depreciation of tea unit in Dharwad for the purpose of section 80IB. Allocation of research & Development expenses and interest expenses and while determining the profits for the purpose of deduction under section 80IB – Ground No.5 & 6 14. The Assessing Officer during the course of assessment held that the outcome of the research expenditure is futuristic in nature in the manufacturing

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

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

ia) – Ground 7  Allowing foreign tax credit in respect of income pertaining to section 10A/10AA eligible units in India – Ground 8  Restricting the TP adjustment made on account of provision of softwares and consultancy services by relying on CIT(A)‟s order in assessee‟s case – Ground 9  Provision of performance guarantee and lease guarantee Ground 10  Deleting the adjustment