ITO 2(2)(4), MUMBAI vs. MOBIAPPS INDIA P.LTD, MUMBAI

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2008-09 Income Tax Officer-2(2)(4), M/S Mobiapps India Pvt. Ltd. Room No.542, 5Th Floor, 7/10, Borawala Building, बनाम/ Aayakar Bhavan, Horniman Circle, Fort, Vs. M.K. Road, Mumbai-400001 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaccm3613L

depreciation for each of the relevant assessment year. (7) The provisions of sub-section (8) and sub-section (10) of section 80-IA shall, so far as may be, apply in relation to the undertaking referred to in this section as they apply for the purposes of the undertaking referred to in section 80-IA.” 7. Section 10A was further

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

depreciation of 10A Units or non 10A Units can be set off against the profits of another 10A Units of the assessee. 4. At the very outset, Section 10A of the Act as it existed prior to its amendment by the Finance Act of 2000 with effect from 1.04.2001; subsequent to the aforesaid amendment and the provisions of Section 10A

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

depreciation of 10A Units or non 10A Units can be set off against the profits of another 10A Units of the assessee. 4. At the very outset, Section 10A of the Act as it existed prior to its amendment by the Finance Act of 2000 with effect from 1.04.2001; subsequent to the aforesaid amendment and the provisions of Section 10A

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

WNS GLOBAL SERVICES P.LTD,MUMBAI vs. ASST CIT 10(2), MUMBAI

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

Bench: Shri M.Balaganesh & Shri Amarjit Singhwns Global Services Pvt. Ltd., Vs. Asst. Commissioner Of Gate No.4, Godrej & Boyce Income Tax- 10(2) Complex, Mumbai Pirojshanagar, Vikhroli (W) Mumbai – 400 079 Pan/Gir No.Aaacw2598L (Appellant) .. (Respondent)

depreciation of Rs. 25,765,238 claimed on intangible assets acquired by the Appellant Company. 3. Without prejudice to ground no. 2 above, on the facts and circumstances of the case and in law, it is prayed that the learned AO be directed to allow deduction under Section 10A

BA CONTINUUM INDIA P.LTD ( SINCE MERGED WOTJ BA COTINUUM SOLUTIONS P. LTD ),MUMBAI vs. ITO WD 9(1)(2), MUMBAI

In the result, the appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2006-07 Ba Continuum India Private Ito, Ward 9(1)(2), Limited (Since Merged With Ba Room No. 226, Vs. Continuum Solutions Pvt. Ltd.), Aayakar Bhavan, Mk Road, Building No. 5, K. Raheja Mind Mumbai-20. Space, Hitech City, Madhapur, Hyderabad-500081. Pan No. Aaccc 3062 D Appellant Respondent

10A of the Income-tax Act, 1961 ('Act') on the standalone BA Continuum India Pvt. Ltd. 2 business profits of the year before adjustment of the business profits of the year before adjustment of the business profits of the year before adjustment of the brought forward business losses and unabsorbed brought forward business losses and unabsorbed brought forward business losses

LARSEN & TOUBRO INFOTECH LTD,MUMBAI vs. ADDL CIT RG 2(2), MUMBAI

Section 10A of the Act, depreciation of INR 3,78,978/- - Additional depreciation of INR 3,78,978/- was to be allowed

J.P MORGAN SERVICES INDIA P.LTD,MUMBAI vs. DCIT CIR 8(2), MUMBAI

In the result, appeal filed by the assessee is treated as partly allowed

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2008-09 J.P. Morgan Services India P. Dcit 8(2) Ltd., Aayakar Bhavan, बनाम/ Prism Tower, Level No.9 To M.K. Rd Vs. 11, Link Rd, Mindspace, Mumbai-400020 Malad (W) Mumbai-400064 (Assessee) (Revenue) P.A. No.Aabcd0503B

3. On the facts, in law and in the circumstances of the case, the DCIT erred in holding that unabsorbed depreciation of rs.19,89,361 has emanated from exempt unit and accordingly set off of the same against the taxable income computed after allowing exemption under section 10A

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

3. Vide Finance Act, 2000 sections 10A and 10B of the Act were substituted. Section 10A as substituted by Finance Act, 2000 reads as under: "10A. (1) Subject to the provisions of this section, a deduction of such profits and gains as are derived by an undertaking from the export of articles or things or computer software for a period

CAPGEMINI INDIA P.LTD,MUMBAI vs. ITO RG 10(2), MUMBAI

In the result, appeal of the assessee stands partly allowed

Bench: Shri B R Baskaran & Shri Amit Shukla

depreciation. However, subsequently, s. 10(6) was amended by Finance Act 2003 with effect from asst. yr. 2001-02 and such restriction was withdrawn which was consistent with the new scheme of s. 10A which is a deduction provision and not exemption provision from asst. yr. 2001-02. Therefore the loss from s. 10A unit has to be adjusted against

ASST. CIT CC 5 (1), MUMBAI vs. M/S DATAMATICS BUSINESS SOLUTIONS LTD., MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahman

depreciation and losses of a non-10A unit. The relevant extract is reproduced as under: "The submission of the Revenue placed its reliance on the literal reading of Section 10A under which a deduction of such profits and gains as are derived by an undertaking from the export of articles or things or computer software for a period of tell

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) ..

depreciation on motor cars to the tune of Rs.23,37,650/- without appreciating the facts of the case" 3. The appellant prays that the order of the CIT(A) on the above ground to be set aside and that of the ITO/ACIT/DCIT be restored" 3. The ground raised by the assessee in cross-objection is as under

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

Section 10A of the "Act should be allowed, after setting off the 3 WNS Global Services Private Limited losses of certain STP/ SEZ units against the profits of the STP/ SEZ units of the Appellant. 7. The learned AO/Hon'ble DRP erred in disallowing depreciation

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

Section 10A of the "Act should be allowed, after setting off the 3 WNS Global Services Private Limited losses of certain STP/ SEZ units against the profits of the STP/ SEZ units of the Appellant. 7. The learned AO/Hon'ble DRP erred in disallowing depreciation

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

depreciation\npertaining to the assessment year 2009-10 for carry forward and set off in\nthe year under consideration. As a result, ground no.8.1, raised in assessee's\nappeal, is allowed for statistical purposes.\nITA No.2458/Mum/2015 (A.Y. 2010-11)\n23\n24. Grounds no.8.2-8.4 were not pressed during the hearing. Accordingly,\nthe same are dismissed as not pressed.\n25. The issue

C.J.JEWELLERIES PRIVATE LIMTED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME 5(1)(2), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri G. Manjunatha & Shri Ram Lal Negic.J.Jewelleries Pvt.Ltd. Vs. Dcit-5(1)(2) Room No.568, 5Th Floor 401, Block, Seepz, Midc Andheri (East) Aaykar Bhawan Mumbai-400 096 M.K.Road Mumbai-400 020 Pan/Gir No.Aaccc3607N Appellant) .. Respondent)

depreciation while computing income of the eligible unit for the purpose of deduction under section 10A.” 3. The Assessing Officer

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

Section 10A(7) r.w.s. 801 A(8) and (10) of the IT Act, 1961. 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

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

Section 10A(7) r.w.s. 801 A(8) and (10) of the IT Act, 1961. 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

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

Section 10A(7) r.w.s. 801 A(8) and (10) of the IT Act, 1961. 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