YES BANK LTD.,MUMBAI vs. DCIT 2(2)(2), MUMBAI

In the result, appeal filed by the learned assessing officer in ITA number 3238/M/2018 for assessment year 2013 –

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

Section 35D (2) (c) of the act grants deduction of expenditure incurred in relation to expenditure on public subscription of shares. The facts are not coming out that whether the allotment of shares to QIP is made in public subscription or in private placement. In earlier year i.e. assessment year 2011 – 12, we have set-aside the whole issue back

YES BANK LIMITED,MUMBAI vs. DCIT 2 (2)(2), MUMBAI

In the result, appeal filed by the learned assessing officer in ITA number 3238/M/2018 for assessment year 2013 –

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

Section 35D (2) (c) of the act grants deduction of expenditure incurred in relation to expenditure on public subscription of shares. The facts are not coming out that whether the allotment of shares to QIP is made in public subscription or in private placement. In earlier year i.e. assessment year 2011 – 12, we have set-aside the whole issue back

DCIT- 2(2)(2), MUMBAI vs. YES BANK LTD., MUMBAI

In the result, appeal filed by the learned assessing officer in ITA number 3238/M/2018 for assessment year 2013 –

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

Section 35D (2) (c) of the act grants deduction of expenditure incurred in relation to expenditure on public subscription of shares. The facts are not coming out that whether the allotment of shares to QIP is made in public subscription or in private placement. In earlier year i.e. assessment year 2011 – 12, we have set-aside the whole issue back

DCIT 2(2)(2), MUMBAI vs. YES BANK LTD., MUMBAI

In the result, appeal filed by the learned assessing officer in ITA number 3238/M/2018 for assessment year 2013 –

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

Section 35D (2) (c) of the act grants deduction of expenditure incurred in relation to expenditure on public subscription of shares. The facts are not coming out that whether the allotment of shares to QIP is made in public subscription or in private placement. In earlier year i.e. assessment year 2011 – 12, we have set-aside the whole issue back

DCIT- 2(2)(2), MUMBAI vs. YES BANK LTD., MUMBAI

In the result, appeal filed by the learned assessing officer in ITA number 3238/M/2018 for assessment year 2013 –

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

Section 35D (2) (c) of the act grants deduction of expenditure incurred in relation to expenditure on public subscription of shares. The facts are not coming out that whether the allotment of shares to QIP is made in public subscription or in private placement. In earlier year i.e. assessment year 2011 – 12, we have set-aside the whole issue back

YES BANK LIMITED,MUMBAI vs. DCIT - 2(2)(2), MUMBAI

In the result, appeal filed by the learned assessing officer in ITA number 3238/M/2018 for assessment year 2013 –

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

Section 35D (2) (c) of the act grants deduction of expenditure incurred in relation to expenditure on public subscription of shares. The facts are not coming out that whether the allotment of shares to QIP is made in public subscription or in private placement. In earlier year i.e. assessment year 2011 – 12, we have set-aside the whole issue back

TRENT LTD,MUMBAI vs. ADDL. C.I.T.-2(3), MUMBAI

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Trent Ltd., V. Add. Cit – 2(3) Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent) Addl. Cit – 2(3) V. M/S. Trent Ltd., Room No. 556, 5Th Floor Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai - 400 020 Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent) M/S. Trent Ltd., V. Dy. Cit – 2(3) Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent)

depreciation on non-compete fees. This ground is allowed. 10. Ground No. 2 of grounds of appeal is relating to disallowance made u/s. 14A of the Act. 11. Briefly stated the facts are Assessing Officer while completing the assessment noticed that assessee has earned exempt income of ₹.11,05,15,050/- and in the computation of income assessee made suomoto

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

Bench: Shri Joginder Singh & Shri Ramit Kochar

depreciation and unabsorbed investment allowance for limited period in case of certain domestic companies. Section 35 deals with expenditure on scientific research, section 35AB deals with expenditure on know-how and section 35ABB deals with expenditure for obtaining licence to operate telecommunication services. Section 35AC deals with expenditure on eligible projects or schemes and section 35AD deals with deduction

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

Bench: Shri Joginder Singh & Shri Ramit Kochar

depreciation and unabsorbed investment allowance for limited period in case of certain domestic companies. Section 35 deals with expenditure on scientific research, section 35AB deals with expenditure on know-how and section 35ABB deals with expenditure for obtaining licence to operate telecommunication services. Section 35AC deals with expenditure on eligible projects or schemes and section 35AD deals with deduction

BAJAJ HOLDINGS & INVESTMENTS LTD ( FORMERLY KNOWN AS BAJAJ AUTO LTD),MUMBAI vs. ADDL CIT RG 3(1), MUMBAI

The appeals are partly allowed

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

c) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in saying that unabsorbed depreciation of earlier years before the first year of claim, which has already been absorbed, could be notionally carried forward and taken into consideration for computation of deduction under section 80-IA ? 12.6. Answering the above question

ACIT 4(2)(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response

DCIT 4(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response

ACIT 4(2)(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response

ACIT 4(2)(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. DCIT 4(2), MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. DCIT 4(2)(2), MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. ADDL CIT 4(2), MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. ACIT 4(2)(2), MUMBAI

Appeals are disposed off accordingly

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

C. Mody 1,25,000 Page no 24-10 Mitali M. Seth 1,51,000 Page nos 24-11 and 24-12 Shweta Singh 1,00,000 Page no 24-13 Total 3,76,000 24.7.2 Refer point no 6 of xxx on page nos 101 to 104 of letter dater 6th August, 2014 of RSK in response