TATA AIG GENERAL INSURANCE COMAPANY LTD,MUMBAI vs. ASST CIT 2(3), MUMBAI

In the result, the appeal of the assessee is allowed

depreciation amounting to Rs 10,76,38,455 made in accordance with the provisions of section 32 of the Act. The Appellant craves leave to add, alter, vary, omit, substitute or amend the grounds of appeal, at any time before or at, the time of hearing of the appeal, so as to enable the Hon'ble Income-tax Appellate Tribunal

TELEPERFORMANCE GLOBAL SERVICES P. LTD.,MUMBAI vs. THE ADDL/JT/DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT DENTRE,, DELHI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Us, First We Would Like To Address Ground No.2 Wherein The Assessee Has Submitted That The Order Of The Ld. Tpo U/S.92Ca(3) Of The Act Dated 01/11/2019 Is Barred By Limitation & Hence, Invalid In Law.

depreciation on intangible asset of Rs.90,65,75,040/-; and disallowance u/s.14A of the Act of Rs.7,84,950/-. The assessee preferred objections before the ld. DRP. The ld. DRP issued directions u/s.144C(5) of the Act on 20/03/2021. Pursuant to the directions of the ld. DRP, the ld. AO passed the final assessment order u/s.143(3) r.w.s. 144C

PIRAMAL ENTERPRISES LIMITED,MUMBAI vs. ADDITIONAL COMMISSIONER OF INCOME TAX-7(1), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

6) restricts the DRP to consideration of the draft order and the objections filed by the Assessee along with connected evidence, report, records, and enquiries. 9. It is only in sub-section (8) where the power of enhancement is granted to the DRP, that the scope of the variations as proposed under section 144C(1) stand expanded. The interests

STRIDES ARCOLAB LTD,NAVI MUMBAI vs. DCIT CIR 10(3),

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.2877/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2009-10) Strides Shasun Limited Dcit Cir. 15(3)(2) (Formerly Known As R. No. 451, 4Th Floor, Strides Arcolab Limited) बिधम/ Aayakar Bhavan, M. K. 201, Devavrata, Sector 17, Road, Mumbai-400 020 Vs. Vashi, Navi Mumbai – 400 703 स्थायीलेखासं./जीआइआरसं./ Pan No. Aadcs8104P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Percy Pardiwala/ Shri Ketan Ved /Shri Ninad Patade, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Ms. Vatsalaa Jha, Ld. Dr सुनवाईकीतारीख/ : 18.01.2023 Date Of Hearing घोषणाकीतारीख / : 28.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla : The Aforesaid Appeal Has Been Filed By Assessee Against The Order Dated 26.02.2014 Passed U/S 143(3) R.W.S. 144C(13) In 2

depreciation from the book profits • increasing the book profits by the amount of disallowance made u/s. 14A. 13. Levy of the interest u/s. 234B of the Act. 14. Levy of the interest u/s. 234D of the Act. 15. Credit for TDS considered short by Rs. 45,06,609/- 16. Credit for tax paid on self-assessment not granted

ATOS INDIA PRIVATE LTD,MUMBAI vs. ACIT 14 (1) (1) , MUMBAI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleatos India Private Limited V. Acit – 14(1)(1) Unit No. 1401, 14Th Floor Rom No. 481, 4Th Floor Supremus “E" Wing Aayakar Bhavan M.K. Road, Mumbai - 400020 I Think Techno Campus Kanjurmarg (E), Mumbai - 400042 Pan: Aaaco2461J (Appellant) (Respondent) Assessee Represented By : Ms. Chandni Shah & Ms. Riddi Maru Department Represented By : Shri Vachaspati Tripathi

depreciation under section 32 of the Act. 5. On the facts and in the circumstances of the case and in law, the Ld. AO has erred in taxing provisions for doubtful debts and advances written back during the year amounting to INR 5,36,79,888 even when the Hon'ble DRP had principally agreed that provisions which were disallowed

SHELL INDIA MARKETS PVT. LTD.,MUMBAI vs. ACIT (LTU) - 2, MUMBAI

In the result, appeal by assessee is allowed

depreciation claimed on Goodwill arising on merger 11 Ground No. 41 to 42: Disallowance of Repairs & Maintenance expenditure 12 Ground No. 43 to 45: Disallowance of Repairs & Maintenance expenditure 10. The Revenue Department has also filed an appeal against the final assessment vide ITA No. 3016/Mum/2016 and the grounds of appeal are as under:- Sr. Particulars No. TRANSFER PRICING GROUNDS

ACIT, (LTU)-2, MUMBAI vs. SHELL INDIA MARKETS PVT. LTD., MUMBAI

In the result, appeal by assessee is allowed

depreciation claimed on Goodwill arising on merger 11 Ground No. 41 to 42: Disallowance of Repairs & Maintenance expenditure 12 Ground No. 43 to 45: Disallowance of Repairs & Maintenance expenditure 10. The Revenue Department has also filed an appeal against the final assessment vide ITA No. 3016/Mum/2016 and the grounds of appeal are as under:- Sr. Particulars No. TRANSFER PRICING GROUNDS

DUN & BRADSTREET INFORMATION SERVICES INDIA P. LTD,MUMBAI vs. CIT 8, MUMBAI

In the result, the appeal filed by the assessee is allowed

Bench: Shri B. R. Baskaran, Am & Shri Sandeep Gosain, Jm Dun & Bradstreet Information Vs. The Commissioner Of Services India Pvt. Ltd., Icc Income Tax, Chambers, 98, Saki Vihar Road, Aayakar Bhavan, Powai, Mumbai 400 072 M. K. Road, Mumbai Pan: Aaacd P Appellant .. Respondent

depreciation of Rs.19,968,604 both for the purpose of deduction under Section 10A of the Act as well as for t he purpose of computing Capital Gains in terms of Section 50B of the Act. 6. The CIT’s direction regarding reduction under Section 10A of the Act are, in any event, illegal and contrary to the principles

FRANKLIN TEMPLETON INTERNATIONAL SERVICES (INDIA) P.LTD,MUMBAI vs. DCIT CIR 6(3)(1), MUMBAI

c)\nof the Act.\nThe Appellant prays that the penalty proceedings be dropped in the\nmatter.\nGround 5 - Levy of interest under section 234B of the Act\n5.1. On the facts and in the circumstances of the case, the learned AO\nhas erred in charging interest of Rs. 2,81,17,008.\nThe Appellant prays that the AO be directed

GENERAL ELECTRIC INTERNATIONAL INC.,GURGAON vs. DCIT, INTERNATIONAL TAXATION CIRCLE 2(3)(2), MUMBAI

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

144C(3) of Act is void ab initio, at nullity and bad in law. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the Learned Assessing Officer ('Ld. AO') in levying a penalty of INR 30,57,730 under section 271(1)(c

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

144C(13) read with section 254 of the Act denying the claim of depreciation on goodwill. the claim of depreciation on goodwill. 5. Before us the ld. Counsel of the assessee submitted Before us the ld. Counsel of the assessee submitted Before us the ld. Counsel of the assessee submitted that AO himself has accepted the Goodwill himself has accepted

SI GROUP-INDIA LTD,NAVI MUMBAI vs. DCIT -LTU, MUMBAI

In the result, appeal of the assessee is allowed on additional grounds

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Blem/S. Si Group India Limited V. Dy. Commissioner Of Income-Tax Plot No: D-2/I, Ttc Industrial Area Large Taxpayer Unit 29Th Floor, World Trade Centre No.1 Opp. Juinagar Railway Station Cuffe Parade, Mumbai – 400 005 Thane-Belapur Road, Turbhe Navi Mumbai – 400 705 Pan: Aaach7323L (Appellant) (Respondent) Assessee By : Shri Ajit Kumar Jain & Shri Siddhesh Chaugule Department By : Shri Manish Kumar Singh

c)(1) of the Act submits that if the Assessing Officer proposes any variation of income or loss returned by the assessee he should propose only in the draft assessment order and as per section 144C(5) of the Act the DRP may confirm, reduce or enhance the variation proposed in the draft assessment order and on receiving the directions

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

6 - Deduction for non-compete fee payment\n6.1 On the facts and in the circumstances of the case and in law, the Hon'ble\nDRP and the learned DCIT ought to have allowed full deduction of Rs.\n7,00,00,000 as per the second proviso to section 40(a)(ia) of the IT Act and\nnot just a proportion

TATA COMMUNICATIONS LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

144C(13) of the Act. Post passing of final assessment order, ld. PCIT called for and examined the assessment records and while doing so, he found that in the year under consideration, the assessee has sold certain depreciable assets which has resulted in capital gain. He observed, as per section 50 of the Act, gain derived from sale of depreciable

WNS GLOBAL SERVICES PRIVATE LIMITED,MUMBAI vs. ASESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI, NEW DELHI

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarwns Global Services Private Vs Assessment Unit, National Faceless Limited, Mumbai Assessment Centre, New Delhi Pl-10/11, Gate No.4, Godrej- Boyce Complex, Pirojshanagar, L.B.S.Marg, Vikhroli (West), Mumbai-400 079 Pan: Aaacw2598L Appellant Respondent

c) without appreciating the fact that there is no bar on the Appellant to claim deduction under Section 80G of the Act in respect of eligible donations made towards CSR expenditure d) without appreciating the fact that the amount grouped under CSR contributions has been paid by the Appellant on voluntary basis, and hence the same is eligible

LUPIN LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX - 3, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2019-20 Lupin Limited, Principal Commissioner Of 3Rd Floor, Kalpataru Inspire, Income Tax-3, Off Western Express Highway, Vs. Room No. 612, 6Th Floor, Santacruz (East), Aayakar Bhavan, Mumbai-400055. Maharshi Karve Road, Pan : Aaacl1069K Mumbai-400020. (Appellant) (Respondent) Assessee By : Shri Rajan Vora & Shri Pranay Gandhi Revenue By : Shri Rajesh Kumar Yadav, Cit-Dr

6)(c) of the Act, which is defined under section 41 of the Act, as applicable during this year. "Moneys payable," as defined in section 41, explanation 4 of the Act for sub-section (3), refers to: (a) insurance, salvage, or compensation payments for any building, machinery, plant, or furniture; (b) the sale price if such property is sold

DCIT CC 8(3)(ERSTWHILE DCIT,CC-46, MUMBAI vs. JSW STEELS LTD, MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

144C(3) r.w. 153A r.w.s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') on 30.05.2014 is barred by limitation under the provisions of the Act, and the same is void ab initio.” 2. “On facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in not appreciating that

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

144C(3) r.w. 153A r.w.s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') on 30.05.2014 is barred by limitation under the provisions of the Act, and the same is void ab initio.” 2. “On facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in not appreciating that

JSW STEEL LIMITED,MUMBAI vs. ACIT,CC-46, MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

144C(3) r.w. 153A r.w.s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') on 30.05.2014 is barred by limitation under the provisions of the Act, and the same is void ab initio.” 2. “On facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in not appreciating that