TCS-E-SERVE LTD ( EARLIER KNOWN AS E-SEREVE INTERNAIONTAL LTD),MUMBAI vs. DCIT RG 9(1), MUMBAI

Appeal stand dismissed since the only issue in revenue’s appeal is deduction u/s 10A

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.5089/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 2. आयकरअपील सं./ I.T.A. No.5090/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) Tata Consultancy Services Limited Dcit- 9(1) / 9(3) (Upon Merger Of Tcs E-Serve Ltd Aaykar Bhawan बिाम With Tata Consultancy Services Ltd) M.K.Road / Vs. 9Th Floor, Nirmal Building Mumbai-400 020 Nariman Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-4480-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & 3. आयकरअपील सं./ I.T.A. No.4928/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 4. आयकरअपील सं./ I.T.A. No.4929/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) & 5. आयकरअपील सं./ I.T.A. No.5478/Mum/2014 (धििाारण वर्ा / Assessment Year: 2010-11) & 6. आयकरअपील सं./ I.T.A. No.7446/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 7. आयकरअपील सं./ I.T.A. No.7447/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) Acit, Range-9(3) / Circle-9(3) Tata Consultancy Services Limited Aaykar Bhawan, M.K.Road (Upon Merger Of Tcs E-Serve Ltd बिाम Mumbai-400 020 With Tata Consultancy Services Ltd) / Vs. 9Th Floor, Nirmal Building Nariman Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-4480-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

Section 234D with effect from 01/06/2003. Respectfully following the same, we would hold that the provisions of Sec.234D would apply to the assessee. The interest would run from the date of grant of refund u/s 143(1). Similar view has been taken by Tribunal in revenue’s appeal ITA No.3927/Mum/2010 for AY 2002-03 (para-66). Accordingly, Ground No.3

J B ADVANI AND COMPANY PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

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

Bench: Shri Pavan Kumar Gadalej.B Advani & Company Vs. Acit, Circle 2(2)(1), Pvt Ltd.,Ador House, 4Th Aayakar Bhavan, Floor, 6 K, Dubashmarg, Mumbai-400021. Kalghoda,Liongate,Fort, Mumbai-400001. Pan/Gir No. : Aaacj1966D Appellant .. Respondent

234D of the Act. Ground No. 3: The CIT(A) erred in not giving appropriate directions for computing the interest correctly under section 244A of the Act. Each one of the above grounds of appeal is without prejudice to the other. The appellant reserves the right to add, alter, amend, vary, omit or substitute the above grounds of appeal

UNIPHOS ENTERPRISES LTD ( FORMERLY KNOWN AS UNITED PHOSPHORUS LTD),MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

234D be charged. The assessee succeeded in alternative plea. In the result, this ground in C.O. of assessee of appeal is allowed for statistical purpose. Now turning to additional grounds of appeal raised by the assessee. 34. Additional Ground No.1 relates to the computation of deduction under section 80HHC for the purpose of book profit under section 115JA

ASST CIT CC 38, MUMBAI vs. UNIPHOS ENTERPRISES LTD, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

234D be charged. The assessee succeeded in alternative plea. In the result, this ground in C.O. of assessee of appeal is allowed for statistical purpose. Now turning to additional grounds of appeal raised by the assessee. 34. Additional Ground No.1 relates to the computation of deduction under section 80HHC for the purpose of book profit under section 115JA

ADDL CIT CEN RG IX, MUMBAI vs. UNIPHOS ENTERPRISES LTD ( FORMLERY KNOWN AS UNITED PHOSPHORUS LTD), MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

234D be charged. The assessee succeeded in alternative plea. In the result, this ground in C.O. of assessee of appeal is allowed for statistical purpose. Now turning to additional grounds of appeal raised by the assessee. 34. Additional Ground No.1 relates to the computation of deduction under section 80HHC for the purpose of book profit under section 115JA

THE ACIT CC-38, MUMBAI vs. M/S. UNITED PHOSPHOROUS LTD, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

234D be charged. The assessee succeeded in alternative plea. In the result, this ground in C.O. of assessee of appeal is allowed for statistical purpose. Now turning to additional grounds of appeal raised by the assessee. 34. Additional Ground No.1 relates to the computation of deduction under section 80HHC for the purpose of book profit under section 115JA

M/S. UNITED PHOSPHORUS LTD(NOW KNOWN AS UNIPHOS ENTERPRISES LTD),MUMBAI vs. THE DCIT CEN CIR-38, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

234D be charged. The assessee succeeded in alternative plea. In the result, this ground in C.O. of assessee of appeal is allowed for statistical purpose. Now turning to additional grounds of appeal raised by the assessee. 34. Additional Ground No.1 relates to the computation of deduction under section 80HHC for the purpose of book profit under section 115JA

UNIPHOS ENTERPRISES LTD,MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

234D be charged. The\nassessee succeeded in alternative plea. In the result, this ground in C.O. of\nassessee of appeal is allowed for statistical purpose. Now turning to additional\ngrounds of appeal raised by the assessee.\n34. Additional Ground No.1 relates to the computation of deduction under section\n80HHC for the purpose of book profit under section 115JA

HUHTAMAKI INDIA LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME-TAX - 6, MUMBAI

section 28\n2\nExcess allowance of ‘Other Expenses’being net\nloss on disposal of current investment, which\nought to have been added back as capital\nexpenditure\n3,42,36,417/-\n3\nExcess allowance of depreciation on Plant &\nMachinery (Block-I)\n1,24,69,269/-\n4\nShort levy of interest u/s 234D

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

In the result, appeals filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

Section 153 of the Act) is time barred and liable to be quashed; Claim for additional depreciation 1. The AO erred in not allowing depreciation of Rs. 7,17,193 on the written down value of assets being items included to block of assets of Computer, Plant and Machinery, Building consequent to disallowance of revenue expenditure in the assessment orders

VODAFONE INDIA LTD,MUMBAI vs. DCIT 8(3)(2), MUMBAI

Appeal are allowed for statistical purposes

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

depreciation claimed by the Appellant under section 32(1) of the Act on the one-time expenditure incurred by the Appellant on acquisition of 36 spectrum amounting to INK 4,08,01,38,956. 3.2. On the facts and in the circumstances of the case and in law, while the learned DRP/AO has clearly held that one-time expenditure incurred

DCIT 14(3)(1), MUMBAI vs. THIRVANTHAPURAM ROAD DEVELOPMENT COMPANY LTD, MUMBAI

Appeal of the assessee is disposed of in terms of the order in ITA

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2010-11 Thiruvananthapuram Road Dcit-14(3)(1), Development Company Ltd. बनाम/ (Earlier Dcit-10(1), The Il & Fs Financial Centre, Room No.455, 4Th Floor, Vs. Plot No.C-22, Aayakar Bhavan, G Block, Bandra Kurla M. K. Road, Complex, Bandra (East), Mumbai-400020 Mumbai-400051 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aacct0547J Assessment Year: 2010-11 Dcit-14(3)(1), Thiruvananthapuram Road (Earlier Dcit-10(1), Development Company Ltd. बनाम/ Room No.455, 4Th Floor, The Il & Fs Financial Vs. Aayakar Bhavan, Centre, Plot No.C-22, M. K. Road, G Block, Bandra Kurla Mumbai-400020 Complex, Bandra (East), Mumbai-400051 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aacct0547J

section 32 of the Act held as under:- “'10. Depreciation is the monetary equivalent of the wear and tear suffered by a capital asset that is set aside to facilitate its replacement when the asset becomes dys- functional. In P.K. Badiani v. Commissioner of Income tax, Bombay, this Court has observed that allowance for depreciation is to replace the value

THIRUVANANTHAPURAM ROAD DEVELOPMENT CO. LTD,ORRISSA vs. DCIT 14(3)(1), MUMBAI

Appeal of the assessee is disposed of in terms of the order in ITA

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2010-11 Thiruvananthapuram Road Dcit-14(3)(1), Development Company Ltd. बनाम/ (Earlier Dcit-10(1), The Il & Fs Financial Centre, Room No.455, 4Th Floor, Vs. Plot No.C-22, Aayakar Bhavan, G Block, Bandra Kurla M. K. Road, Complex, Bandra (East), Mumbai-400020 Mumbai-400051 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aacct0547J Assessment Year: 2010-11 Dcit-14(3)(1), Thiruvananthapuram Road (Earlier Dcit-10(1), Development Company Ltd. बनाम/ Room No.455, 4Th Floor, The Il & Fs Financial Vs. Aayakar Bhavan, Centre, Plot No.C-22, M. K. Road, G Block, Bandra Kurla Mumbai-400020 Complex, Bandra (East), Mumbai-400051 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aacct0547J

section 32 of the Act held as under:- “'10. Depreciation is the monetary equivalent of the wear and tear suffered by a capital asset that is set aside to facilitate its replacement when the asset becomes dys- functional. In P.K. Badiani v. Commissioner of Income tax, Bombay, this Court has observed that allowance for depreciation is to replace the value

INDIA MEDTRONIC P.LTD,MUMBAI vs. ASST CIT 10(1)(1), MUMBAI

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

Bench: Shri Mahavir Singh & Shri Rajesh Kumarit(Tp)A No.2160/Mum/2017 Assessment Year : 2012-13 India Meditronic Pvt. Ltd., Acit 10(1)(1) 1241 Solitaire Corporate Park, Mumbai Vs. Bldg. No.12, 4Th Floor, Andheri Ghatkopar Link Road, Andheri (East), Mumbai 400 093

234D of the Ac. Levy of penalty under section 271(1)(c) of the Act 46. erred in initiating penalty under section 271 (1 )(c) of the Act; The Appellant craves, to consider each of the above grounds of appeal without prejudice to each other and craves leave to add, alter, delete or modify all or any of the above

JOHNSON AND JOHNSON PRIVATE LIMITED (AS SUCCESSOR OF NR JET ENTERPRISES PVT. LTD.),MUMBAI vs. CIT(APPEALS) NFAC, DELHI

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

depreciation on the block of assets, which includes intangible\nassets in the present case. Therefore, the other two conditions for the\napplicability of the provisions of section 50 of the Act are not satisfied in the\npresent case. Thus, in view of the facts and circumstances of the present case\nand legal position as noted above

M/S. BUDHRANI FINANCE P. LTD vs. THE ITO WD-3(1)(2),

In the result, both the revenue‟s appeals are dismissed and the assessee‟s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Ashwani Taneja: (A.Y : 2001-02) Budhrani Finance Ltd., Vs Dcit, 94, Maker Chambers-Vi, Nariman Central Circle - 30, Point, Mumbai 400 021. Mumbai (Respondent) Pan : Aaacb2504R (Appellant) : (A.Y : 2001-02)

234D of the Act, your appellant prays that the assessing officer be directed to levy interest only w.e.f. from 1st June, 2003, being the date from which the said section was introduced.” 3. Ground no. 1 : In this ground, the assessee has challenged the action of the lower authorities in not allowing depreciation

THE DY CIT RG 3(1), MUMBAI vs. M/S. BUDHRANI FINANCE LTD., MUMBAI

In the result, both the revenue‟s appeals are dismissed and the assessee‟s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Ashwani Taneja: (A.Y : 2001-02) Budhrani Finance Ltd., Vs Dcit, 94, Maker Chambers-Vi, Nariman Central Circle - 30, Point, Mumbai 400 021. Mumbai (Respondent) Pan : Aaacb2504R (Appellant) : (A.Y : 2001-02)

234D of the Act, your appellant prays that the assessing officer be directed to levy interest only w.e.f. from 1st June, 2003, being the date from which the said section was introduced.” 3. Ground no. 1 : In this ground, the assessee has challenged the action of the lower authorities in not allowing depreciation

DCIT CIR 3(1), MUMBAI vs. BUDHRANI FINANCE LTD, MUMBAI

In the result, both the revenue‟s appeals are dismissed and the assessee‟s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Ashwani Taneja: (A.Y : 2001-02) Budhrani Finance Ltd., Vs Dcit, 94, Maker Chambers-Vi, Nariman Central Circle - 30, Point, Mumbai 400 021. Mumbai (Respondent) Pan : Aaacb2504R (Appellant) : (A.Y : 2001-02)

234D of the Act, your appellant prays that the assessing officer be directed to levy interest only w.e.f. from 1st June, 2003, being the date from which the said section was introduced.” 3. Ground no. 1 : In this ground, the assessee has challenged the action of the lower authorities in not allowing depreciation