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 of 10A Units or non 10A Units can be set off against the profits of another 10A Units of the assessee. 12 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

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)

5, 2003, reads as under ([2003] 263 ITR (St.) 62, 77): "20. Providing for carry forward of business losses and unabsorbed depreciation to units in special economic zones and 100 per cent export oriented units: 20.1 Under the existing provisions of sections 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

sections 10A and 10B has been amended to do away with the restrictions on the carry forward of business losses and unabsorbed depreciation. 20.3 The amendments have been brought into effect retrospectively from 1-4-2001 and have been made applicable to business losses or unabsorbed depreciation arising in the assessment year 2001-02 and subsequent years." 5

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

5 Karnataka in Himata Karnataka in Himata-Singike-Seide Ltd. (2006) 286 IT 255, 286 IT 255, has held that the unabsorbed depreciation or unabsorbed has held that the unabsorbed depreciation or unabsorbed has held that the unabsorbed depreciation or unabsorbed loss in respect of eligible 10A unit or division or undertaking loss in respect of eligible 10A unit

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)

Section 10A of the Act in respect of addition made to the income of Appellant Company on account of disallowance of depreciation on intangible assets. 4. On the facts and circumstances of the case and in law, the learned AO has erred in proposing and the DRP further erred in upholding the disallowance of professional expenses, electricity charges and miscellaneous

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

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

5 M/s. Datamatics Business Solution Ltd. would not arise. Similarly, as per section 72(2), unabsorbed business loss is to be first set off and thereafter unabsorbed depreciation treated as current year's depreciation under section 32(2) is to be set off. As deduction under section 10A

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

depreciation and losses of the unit the income which is not eligible for deduction u/s.10A of the Act cannot be set off against the current profit of the eligible unit for computing the deduction u/s. 10A of the I.T. Act.” 16. The Hon’ble High Court thus held as under: “Section 10A is a provision which is in the nature

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

5 This takes us to the issue of computation of deduction under Section 29. 10A of the Act. The Assessing Officer was of the view that while computing deduction under Section 10A of the Act following should be excluded from export turnover (a) communication charges, (b) expenditure in foreign currency, (c) interest income, and (d) additional depreciation

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. ()

5) of Section 80- IA of the Act is limited to determination of quantum of deduction under sub-section (1) of Section 80-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

UNI DESIGN JEWELLERY PVT LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(2), MUMBAI

depreciation of INR 5,92,38,205/-. It is not the case of Revenue that the facts relevant to the adjudication of the aforesaid claims are not on record. Therefore, the Assessing Officer is directed to adjust/recompute the taxable income of the Appellant after verification of the aforesaid revised claims made by the Appellant. Accordingly, Ground

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 of Rs. 20,43,889/- A.Y. 2010-11 becomes available for adjustment against the income of the eligible unit for the purpose of deduction under section 10A. Accordingly, the income of eligible unit for the purpose of deduction under section 10A is determined at Rs. 24,80,631/-, ad the assesee is eligible for deduction

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

depreciation of preceding assessment years before allowing deduction u/s. 10A of the Act. As per the provisions of section 10A of the Act amended by the Finance Act, 2000 w.e.f. 01/04/2001, deduction u/s. section 10A is to be allowed first and then the process of computation of profit and loss shall begin. In support of his contention, he placed reliance

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

depreciation of preceding assessment years before allowing deduction u/s. 10A of the Act. As per the provisions of section 10A of the Act amended by the Finance Act, 2000 w.e.f. 01/04/2001, deduction u/s. section 10A is to be allowed first and then the process of computation of profit and loss shall begin. In support of his contention, he placed reliance

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

depreciation of preceding assessment years before allowing deduction u/s. 10A of the Act. As per the provisions of section 10A of the Act amended by the Finance Act, 2000 w.e.f. 01/04/2001, deduction u/s. section 10A is to be allowed first and then the process of computation of profit and loss shall begin. In support of his contention, he placed reliance

DCIT 2(3)(1), MUMBAI vs. ZENSAR TECHNOLOGIES LTD, MUMBAI

In the result the appeals filed by the assessee for assessment year 2011-12 and 2012-13 stands partly allowed and the appeal filed by the revenue for the assessment year 2012-13

Bench: Smt. Beena Pillai () & Smt.Renu Jauhri ()

depreciation before giving effect to deduction u/s. 10A. 4.4 On receipt of the draft assessment order the assessee intimated its intention to filed appeal before the Ld.CIT(A). Accordingly the Ld.AO passed the final assessment order on 13/05/2015. Aggrieved by the order of the Ld.AO assessee preferred the appeal before the Ld. CIT(A)-58. 5. The Ld.CIT(A) after