JCIT CENT. CIR. - 1(4), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

The appeal of the Revenue is dismissed whereas appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Grasim Industries Limited, The Dcit Cc-1(4), Corporate Finance Division, Room No. 902, 9Th Floor, Old Vs. A-2, Aditya Birla Centre, S.K. Cgo Building, M.K. Road, Ahire Marg, Worli, Mumbai-400020. Mumbai-400030. Pan No. Aaacg 4464 B Appellant Respondent Assessment Year: 2010-11 Jcit (Osd), Central Circle- Grasim Industries Limited, 1(4), A-Wing, 2Nd Floor, Aditya Room No. 902, Pratishtha Vs. Birla Centre, S.K. Ahire Bhavan, 9Th Floor, Old Cgo Marg, Worli, Building Annexe, Mumbai-400030. Mumbai-400020. Pan No. Aaacg 4464 B Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Chaitanya Joshi Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 03/04/2024 : Date Of Pronouncement 29/04/2024

depreciation in view of the decision of the Hon’ble Supreme Court in the case of CIT view of the decision of the Hon’ble Supreme Court in the case of CIT view of the decision of the Hon’ble Supreme Court in the case of CIT v. Continental Warehousing Corporation v. Continental Warehousing Corporation (supra). In the grounds

ATOS INDIA P.LTD,MUMBAI vs. DCIT RG 14(1)(1), MUMBAI

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

Bench: Shri G. S. Pannu & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 1795/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2012-13) Dcit-14(1)1), Atos India Pvt. Ltd., Aayakar Bhavan Godrej & Boyce Complex, बनाम/ Mumbai Plant 5, Pirojshanagar, Vs. Lbs Marg, Vikhroli (West), Mumbai-400079 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaaco2461J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Dhanesh Bafna /Chandni Sha /Riddhi Maru /Kinjal Patel, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Dr. Yogesh Kamat, Ld. Dr सुनवधईकीतधरीख/ 01.06.2022 & : 25.01.2023 Date Of Hearing घोर्णधकीतधरीख / : 23.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: 1. The Aforesaid Appeal Has Been Filed By The Assessee Against The Final Assessment Order Passed U/S 143(3) R.W.S. 144C(13) In 2

depreciation on 2,92,19,122 goodwill 5. Disallowance for provision for project 17,16,22,641 risk 6. Disallowance under section 40(a) on 16,65,932 account of non-deduction of TDS on software purchase 7. Disallowance under section 40(a) due 64,45,907 to non-deduction of TDS of Foreign Parties 4 I.T.A. No. 1795/Mum/2017 Atos

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

In the result, the appeal of the assessee is allowed

section 153 of the Act. Additional Ground No.3 3. The learned CIT(A) erred in confirming the action of the learned AO of not allowing the claim of depreciation

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.

153 of the Act would also be barred by limitation. For the sake of convenience, the original ground No.2 raised by the assessee is reproduced hereunder:- “2. Re: Validity of the Order: 2.1 On the facts and in circumstances of the case and in law, the impugned transfer pricing order under section 92CA(3) dated 1 November 2019 is barred

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

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

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

ITO 1(2)(3), MUMBAI vs. M PALLONJI ENERPRISES P. LTD, MUMBAI

In the result, the appeal of the In the result, the appeal of the Revenue is dismissed whereas dismissed whereas cross objection of the assessee is allowed

Bench: Shri Amit Shukla () & Shri Om Prakash Kant () Assessment Year: 2009-10 Ito-1(2)(3), M/S M Pallonji Enterprises Pvt. Ltd., R. No. 527, 5Th Floor, Aayakar 46/A, Cawasji Patel Street, Fort, Bhavan, M.K. Road, Vs. Mumbai-400020. Mumbai-400020. Pan No. Aafcm 3357 A Appellant Respondent

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in Sections 148 assessment year concerned (hereafter in this section and in Sections 148 assessment year concerned (hereafter in this section and in Sections 148 to 153

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

SHRI AMIT MANGILAL JAIN,MUMBAI vs. ACIT, - 33(1), MUMBAI

In the result, both the above appeals are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Sections 148 to 153, assess or reassess such income or recompute the loss or the depreciation allowance or any other

DCIT(CC)-8(3), MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment\nyears under consideration stands partly allowed and cross\nappeals filed by the assessee stands dismissed

depreciation claim of Rs.\n2,65,32,914/-, whereas no work executed by M/s. Grenach\nInfrastructure Equipments & Projects Ltd. (now known as Sancia\nGlobal Infraprojects Ltd.)?\n15. The appellant craves leave to amend or alter any ground or add a\nnew ground which may be necessary.\"\nBrief facts of the case are as under:-\n4.\nAssessee filed its return

ASSISTANT COMMISSIONER OF INCOMETAX, MUMBAI vs. VIACOM18 MEDIA PVT LTD, MUMBAI

Appeals of the assessee are allowed partly for statistical purposes whereas appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

depreciation as they are consequential and statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section 32(2) of the Act 32(2) of the Act Non- grant of opportunity of virtual hearing t of opportunity

VIACOM 18 MEDIA PVT LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-16(1), MUMBAI

Appeals of the assessee are allowed partly for statistical purposes whereas appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

depreciation as they are consequential and statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section 32(2) of the Act 32(2) of the Act Non- grant of opportunity of virtual hearing t of opportunity

VIACOM 18 MEDIA PVT LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-16(1), MUMBAI

Appeals of the assessee are allowed partly for statistical purposes whereas appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

depreciation as they are consequential and statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section 32(2) of the Act 32(2) of the Act Non- grant of opportunity of virtual hearing t of opportunity

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

Section 153 of\nthe Act) is time barred and liable to be quashed;\nClaim for additional depreciation\n1. The AO erred

ABHUBHAI HIRABHAI DESAI,MUMBAI vs. DCIT CIRCLE 19(1), MUMBAI

In the result, the appeal of the assessee is allowed

Sections 148 to 153, assess or\nreassess such income or recompute the loss or the depreciation allowance or any other

DCIT 3.2.1, MUMBAI vs. THE NEW INDIA ASSURANCE CO LIMITED, MUMBAI

depreciation allowance or any\nother allowance, as the case may be, for the assessment\nyear concerned (hereafter in this section and in sections\n148 to 153

THE NEW INDIA ASSURANCE CO. LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX , INCOME TAX OFFICER, NFAC, MUMBAI

Accordingly, in terms of the aforesaid, Ground No. 3 to\n7 raised by the Assessee pertaining to merits of such\nadditions/disallowances are dismissed as having been rendered\ninfructuous

Bench: "CLEAN_TEXT": "IN THE INCOME TAX APPELLATE TRIBUNAL\n\"I\" BENCH, MUMBAI\n\nSHRI VIKRAM SINGH YADAV , ACCOUNTANT MEMBER\nSHRI RAHUL CHAUDHARY (Judicial Member)

depreciation allowance or any\nother allowance, as the case may be, for the assessment\nyear concerned (hereafter in this section and in sections\n148 to 153

THE NEW INDIA ASSURANCE CO. LTD ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -3(2)(2), MUMBAI

depreciation allowance or any\nother allowance, as the case may be, for the assessment\nyear concerned (hereafter in this section and in sections\n148 to 153