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

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Thermo Fisher Scientific India Dy. Cit-15(3)(1), Pvt. Ltd., Room No. 360, Aayakar Vs. 403-404, ‘B’ Wing, Delphi, Bhavan, New Marine Lines, Hiranandani Business Park, Mumbai-400020. Mumbai-400076. Pan No. Aabct 3207 A Appellant Respondent

depreciable asset under section 32(1)(ii) of the Act section 32(1)(ii) of the Act. Even otherwise, this issue is concluded Even otherwise, this issue is concluded by the decision of the Hon'ble Supreme Court in Smifs Securities by the decision of the Hon'ble Supreme Court in Smifs Securities by the decision

KETAN BROTHERS DIAMONDS EXPORTS ,MUMBAI vs. ACIT 23(2) /ACIT 23(1) , MUMBAI

In the result, appeal by the assessee is allowed for statistical purpose

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

depreciation on motor car.” 3. The first issue arising in present appeal is pertaining to disallowance of Rs.32,140, on account of alleged delay in payment towards employee’s contribution to Provident Fund (P.F.) under section 36(1)(va) r/w section 2(24) of the Act, by the Centralized Processing Centre, Bengaluru, while processing the income tax return under section

NAVNIDHI STEEL AND ENGG CO. P.LTD,MUMBAI vs. DCIT 5(2)(1), MUMBAI

The appeal of the assessee is dismissed

Bench: Shri Joginder Singh, Assessment Year: 2007-08

depreciation allowance has been computed. Explanation 2.—Production before the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not neces-sarily amount to disclosure within the meaning of this section." 16. Section 147 authorises and permits the Assessing Officer to assess or reassess income

SHREE PUSHKAR FOUNDATION,MUMBAI vs. INCOME TAX OFFICER (EXEMPTION)-WARD 2(30, MUMBAI

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

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2021-22 Shree Pushkar Foundation, Ito (Exemption) – Ward 2(3), 301/302, 3Rd Floor, Cumbala Hill Tele Exchange Atlanta Centre, Vs. (Mtnl), Peddar Rd, Tardeo, Near Udyog Bhavan, Mumbai-400026. Sonawala Road, Goregaon East, Mumbai-400063. Pan No. Aawts 2303 N Appellant Respondent

143(1) of the Act and therefore, the decisions relied upon by the assessee were not applicable over the facts of the case. upon by the assessee were not applicable over the facts of the case. upon by the assessee were not applicable over the facts of the case. Shree Pushkar Foundation Shree Pu 4 4. We have heard rival

MANOHAR MANAK ALLOYS P.LTD,MUMBAI vs. ACIT 4(2), MUMBAI

Appeal is allowed

143(3) of the Act on 30.03.1998. Subsequently, reassessment proceeding were initiated in respect of three issues viz., (i) the expenses claimed for share issue, (ii) bad and doubtful debts and, (iii) excess depreciation on gas cylinders and goods containers. The reassessment order was passed on 28.03.2002. Subsequently, 12 Assessment Years: 2017-18 on 29.03.2004, order under Section

DOW CHEMICAL INTERNATIONAL PRIVATE LIMITED,THANE vs. DEPUTY COMMISSIONER OF INCOME TAX - 14(1)(2), MUMBAI

depreciation.", "result": "Allowed", "sections": [ "Section 32(1)(ii) of the Income Tax Act, 1961", "Explanation 3 to Section 32(1) of the Income Tax Act, 1961", "Section 143

RATNAGIRI STAINLESS P. LTD,MUMBAI vs. ITO 5(3)(1), MUMBAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 4463/Mum/2016 ("नधा"रण वष" / Assessment Year : 2009-10) M/S Ratnagiri Stainless Pvt. Income Tax Officer 5(3)(1), बनाम/ Ltd., Mumbai. V. 21/23, Laxmi Niwas, 2 Nd Parsiwada Lane, Opp V.P. Road Police Station, Mumbai – 400 004. "थायी लेखा सं./Pan : Aadcr2993P (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

ii) loss carried forward, deduction allowance or relief, which was prima facie admissible on the basis of information available in the return but not claimed in the return and similarly (iii) those claims which were on the basis of the information available in the return, prima facie inadmissible, were to be rectified/allowed/disallowed. What was permissible was correction of errors apparent

SURESH L. SATYANI,MUMBAI vs. ITO 23(3)(4), MUMBAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri C.N. Prasad & Shri Ramit Kochar

ii) loss carried forward, deduction allowance or relief, which was prima facie admissible on the basis of information available in the return but not claimed in the return and similarly (iii) those claims which were on the basis of the information available in the return, prima facie inadmissible, ITA 3452/Mum/2016 24 were to be rectified/allowed/disallowed. What was permissible was correction

DSP FINANCE PRIVATE LIMITED ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX -39(1)(1), MUMBAI

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2020-21 Dsp Finance Pvt. Ltd., Dy. Director Of Income-Tax, Cpc, 11Th Floor, Mafatlal Centre Nariman Bengaluru-560500. Vs. Point, Nariman Point, Dy. Cit-3(1)(1), Mumbai-400021. Aayakar Bhavan, Mumbai-400020. Pan No. Aaacd 3069 K Appellant Respondent

ii) To delete the disallowance of depreciation amounting to Rs. 1,78,20,507 /; and to modify the a amounting to Rs. 1,78,20,507 /; and to modify the a amounting to Rs. 1,78,20,507 /; and to modify the assessment in accordance with the provisions of the Act accordance with the provisions

CALIBEHR BUSINESS SUPPORT SERVICES PVT LTD.,,MUMBAI vs. ASST DIRECTOR OF INCOME TAX, CPC/ ASST COMM OF INCOME TAX CIRCLE-1(2)(1), BANGALOR

In the result, appeal of the assessee for assessment year 2019 – 20 is partly allowed

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am

1 April 2017. The learned authorized representative submitted that the AO may be directed to grant credit of such TDS and set of the unabsorbed depreciation. 20. With respect to the additional ground of appeal for deduction under section 80 JJA of the act, assessee submitted that assessee is eligible for deduction of ₹ 9,10,21,434 which was originally

CALIBEHR BUSINESS SUPPORT SERVICES PRIVATE LIMITED,MUMBAI vs. ASSESSING OFFICER, NATIONAL E-ASSESSEMENT CENTRE , DELHI

In the result, appeal of the assessee for assessment year 2019 – 20 is partly allowed

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am

1 April 2017. The learned authorized representative submitted that the AO may be directed to grant credit of such TDS and set of the unabsorbed depreciation. 20. With respect to the additional ground of appeal for deduction under section 80 JJA of the act, assessee submitted that assessee is eligible for deduction of ₹ 9,10,21,434 which was originally

CALIBEHR BUSINESS SUPPORT SERVICES PVT LTD.,,MUMBAI vs. ASST DIRECTOR OF INCOME TAX, CPC/ ASST COMM OF INCOME TAX CIRCLE-1(2)(1), BANGALOR

In the result, appeal of the assessee for assessment year 2019 – 20 is partly allowed

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am

1 April 2017. The learned authorized representative submitted that the AO may be directed to grant credit of such TDS and set of the unabsorbed depreciation. 20. With respect to the additional ground of appeal for deduction under section 80 JJA of the act, assessee submitted that assessee is eligible for deduction of ₹ 9,10,21,434 which was originally

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

Section 143(1)(a)." 6.1 In this case, no scrutiny assessment was framed and the return of income was routinely processed u/s.143(l) of the Act. Having regard to the facts and circumstances of the case and in the light of the decision of Hon'bIe Delhi High Court cited above, ground no.1 of appeal is hereby dismissed. As regards

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

Section 143(1)(a)." 6.1 In this case, no scrutiny assessment was framed and the return of income was routinely processed u/s.143(l) of the Act. Having regard to the facts and circumstances of the case and in the light of the decision of Hon'bIe Delhi High Court cited above, ground no.1 of appeal is hereby dismissed. As regards

BERMACO ENERGY SYSTEMS LTD,NAVI MUMBAI vs. DCIT CC 47, MUMBAI

In the result, appeal for A

Section 143(1)(a)." 6.1 In this case, no scrutiny assessment was framed and the return of income was routinely processed u/s.143(l) of the Act. Having regard to the facts and circumstances of the case and in the light of the decision of Hon'bIe Delhi High Court cited above, ground no.1 of appeal is hereby dismissed. As regards

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 etc. commencing from the year 2001-02 on completion of the period of tax holiday also virtually works as a deduction which has to be worked out at a future point of time, namely, after the expiry of period of tax holiday. The absence of any reference to deduction under Section 10A in Chapter

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 etc. commencing from the year 2001-02 on completion of the period of tax holiday also virtually works as a deduction which has to be worked out at a future point of time, namely, after the expiry of period of tax holiday. The absence of any reference to deduction under Section 10A in Chapter

RISHABH METALS AND CHEMICALS PVT. LTD.,MUMBAI vs. CPC, DCIT -CIR 1(3)(1), MUMBAI

In the result, appeal of the Assesses is partly allowed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blerishabh Metals & Chemicals V. Dcit-Circle -1(3)(1) Private Limited Aayakar Bhavan, M.K. Road 4Th Floor, Eross Theatre Bldg Mumbai - 400020 Jt Road, Churchgate Mumbai - 400020 Pan: Aaacr2214E (Appellant) (Respondent) Assessee Represented By : None Department Represented By : Shri P.D. Chougule

depreciation). Each of these deductions has its contours, depending upon the expressions used, and the conditions that are to be met. It is therefore necessary to bear in mind that specific enumeration of deductions, dependent upon fulfillment of particular conditions, would qualify as allowable deductions: failure by the assessee to comply with those conditions would render the claim vulnerable