GATI KINTETSU EXPRESS PRIVATE LIMITED ,MAHARASHTRA AND MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MAHARASHTRA AND MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of accounts of the assessee under the BTA between the assessee and accounts of the assessee under the BTA between the assessee and accounts

GATI KINTETSU EXPRESS PRIVATE LIMITED ,MAHARASHTRA AND MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MAHARASHTRA AND MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of accounts of the assessee under the BTA between the assessee and accounts of the assessee under the BTA between the assessee and accounts

GATI KINTETSU EXPRESS PRIVATE LIMITED,MUMBAI vs. DY.COMMISSIONER OF INCOME , CIRLCE 14(1)(2)TAX, MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of depreciation on the amount of the goodwill recorded in the books of accounts of the assessee under the BTA between the assessee and accounts of the assessee under the BTA between the assessee and accounts

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

58,800\n14. Accordingly, in the return of income, the assessee based on the report\nfrom the independent valuer had claimed depreciation at the rate of 25%\napplicable to the block of intangible assets under section

DOW CHEMICALS INTERNATIONAL PRIVATE LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TA-14(1)(2), MUMBAI

In the result, the appeal by the assessee for the

58,800\n14. Accordingly, in the return of income, the assessee based on the report\nfrom the independent valuer had claimed depreciation at the rate of 25%\napplicable to the block of intangible assets under section

KOVALAM RESORT PRIVATE LIMTIED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 2(1)(1), MUMBAI

In the result, the appeal of the assessee for Assessment Year

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar1. Ita No. 6580/Mum/2025 (Assessment Year: 2012-13) 2. Ita No. 6578/Mum/2025 (Assessment Year: 2013-14) & 3. Ita No. 6579/Mum/2025 (Assessment Year: 2014-15) Kovalam Resort Private Dcit 2(1)(1), Limited 561, Aayakar The Leela, Sahar, Andheri Vs. Bhavan, M. K. East, Mumbai-400 059 Road, Mumbai- 400 020 Pan/Gir No. Aaeck4804H (Applicant) (Respondent) Assessee By Shri Dharan Gandi & Shri Ravi Gupta, Ld. Ars Revenue By Shri Ritesh Misra, Ld. Dr Date Of Hearing 22.01.2026 Date Of Pronouncement 30.01.2026

section 143(3) vide order dated 30.03.2015. 5. During the course of assessment proceedings, it was noticed that the assessee had acquired Hotel Leela, Kovalam as a going concern under slump sale from M/s Hotel Leela Ventures Ltd. The assessee claimed depreciation aggregating to Rs. 25,86,15,073/- on the assets so acquired. The Assessing Officer then examined

KOVALAM RESORT PRIVATE LIMITED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 2(1)(1), MUMBAI

In the result, the appeal of the assessee for Assessment Year

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar1. Ita No. 6580/Mum/2025 (Assessment Year: 2012-13) 2. Ita No. 6578/Mum/2025 (Assessment Year: 2013-14) & 3. Ita No. 6579/Mum/2025 (Assessment Year: 2014-15) Kovalam Resort Private Dcit 2(1)(1), Limited 561, Aayakar The Leela, Sahar, Andheri Vs. Bhavan, M. K. East, Mumbai-400 059 Road, Mumbai- 400 020 Pan/Gir No. Aaeck4804H (Applicant) (Respondent) Assessee By Shri Dharan Gandi & Shri Ravi Gupta, Ld. Ars Revenue By Shri Ritesh Misra, Ld. Dr Date Of Hearing 22.01.2026 Date Of Pronouncement 30.01.2026

section 143(3) vide order dated 30.03.2015. 5. During the course of assessment proceedings, it was noticed that the assessee had acquired Hotel Leela, Kovalam as a going concern under slump sale from M/s Hotel Leela Ventures Ltd. The assessee claimed depreciation aggregating to Rs. 25,86,15,073/- on the assets so acquired. The Assessing Officer then examined

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

58,371 Add: Value of Goodwill acquired from CTPL in AY 2009- Add: Value of Goodwill acquired from CTPL in AY 2009 - 28,92,48.395 10 Total value of Goodwill eligible for depreciation for AY 85,13,06,766 Total value of Goodwill eligible for depreciation for AY Total value of Goodwill eligible for depreciation for AY 2009-10 Less

HUNTSMAN INTERNATIONAL (INDIA) P.LTD,MUMBAI vs. DCIT 10(1)(1), MUMBAI

The appeal of the assessee is partly allowed, that of Revenue is dismissed

Bench: Shri G.S.Pannu & Shri Amarjit Singhm/S.Huntsman International (India) Private Limited, B-Wing, Lighthall, Hiranandani Business Park, Saki Vihar Road, Mumbai 400 072 Pan: Aaach9149J ...... Appellant Vs. The Dcit, 10(1)(1), Mumbai. .... Respondent The Dcit, 10(1)(1), Mumbai. ..... Appellant

section 32(1 )(ii) of the Income-tax Act, 1961 of Rs. 3,85,14,551 on intangible assets as against depreciation of Rs. 4,34,58

IDEA CELLULAR LTD,MUMBAI vs. PR. CIT 14, MUMBAI

In the result, the appeal of assessee is allowed

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am Idea Cellular Limited Principal Commissioner Of 10Th Floor, Birla Centurion, Income Tax-14, Century Mills Compound, 469, Aayakar Bhavan, M.K. Vs. Pandurang Budhkar Marg, Marg, Worli, Mumbai-400 030 Mumbai-400 020 Appellant .. Respondent Pan No. Aaacb2100P

58,038/- allowing TDS credit of Rs. 1,67,70,59,052/-. The Pr.CIT, subsequently, issued show cause notice on two issues for revision of assessment under section 263 of the Act. The show cause notice was issued on the following two issues:- i) The claim of depreciation

SHIVNARAYAN NEMANI SHARES & STOCK BROKERS P. LTD.,MUMBAI vs. D.C.I.T. CIRCLE 4(2), MUMBAI

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm (Hearing Through Video Conferencing Mode) आयकर अपील सं/ I.T.A. No. 2522/Mum/2012 (निर्धारण वर्ा / Assessment Year: 2008-09) M/S. Shivnarayan Nemani बिधम/ Dcit, Circle-4(2) Shares & Stock Brokers P. Mumbai Vs. Ltd. 9/43, Bhupen Chambers, 2Nd Floor, Dalal Street Mumbai- 400023. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs3296C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mayank Chauhan (Ar) Revenue By: Shri Rohit Kumar (Dr) सुनवाई की तारीख / Date Of Hearing: 07/09/2021 घोषणा की तारीख /Date Of Pronouncement: 08/10/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 20.01.2012 Passed By The Commissioner Of Income Tax (Appeals)-09, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2008-09. 2. The Assessee Has Raised The Following Grounds: - “1(A). On The Facts & In The Circumstances Of The Case & In Law, The Learned Commissioner Of Income-Tax(Appeals) Erred In Confirming The Disallowance Of Additional Amount Of Rs.2,98,258/- Under The Provisions Of Section 14A R.W.R. 8D Of The Income Tax Rules

58,615/-. After deducting the disallowance by assessee to the tune of Rs.60,357/- an amount of Rs.2,98,258/- was added to the income of the assessee. The assessee has also incurred the expenses on leaseline amounting to Rs.26,938/-. The same was disallowed in view of the provisions u/s 40a(ia) of the Act and added

THE SUPREME INDUSTRIES LIMITED,MUMBAI vs. ACIT LTU, MUMBAI

In the result, Revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Shri Shamim Yahya & Shri Pawan Singh: A.Y : 2009-10

58,000/- for taxation nor reduced the amount from the block of assets for income tax purposes and thus had claimed depreciation under Section

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

58,11,556/-. On appeal before Commissioner (Appeals) the assessee was allowed depreciation on the basis of decision of Tribunal in case of Mumbai Tribunal in West Gujarat Expressway Ltd. dated 27th February, 2013. Hence, aggrieved, the Revenue has filed the present appeal under section

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

58,11,556/-. On appeal before Commissioner (Appeals) the assessee was allowed depreciation on the basis of decision of Tribunal in case of Mumbai Tribunal in West Gujarat Expressway Ltd. dated 27th February, 2013. Hence, aggrieved, the Revenue has filed the present appeal under section

FAYZ E HUSAYNI TRUST,MUMBAI vs. NATIONAL FACELESS APPEAL CENTRE (NAFC) DELHI , MUMBAI

In the result, appeal filed by the assessee is allowed

section 142(1)\nof the Act dated 28.11.2019, the assessee was asked to explain why the\nclaim of depreciation should not be disallowed. In response assessee\nsubmitted reply vide letter dated 03.12.2019, the same is reproduced\nbelow: -\n\"During the year under consideration the Assessee Trust has\nclaimed depreciation of Rs. 28,58

DCIT - 9(1)(2), MUMBAI vs. ATLANTA INFRA ASSETS LTD., MUMBAI

In the result, appeals of assessee and Revenue are allowed in part in terms indicated hereinabove

Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm Dy. Commisioner Of Income Vs. M/S. Atlanta Infra Assets Limited Tax – 9(1)(2) 101, Shree Amba Shanti Room No.260A, Chambers Mumbai Andheri Kurla Road Andheri (E), Mumbai – 400 059 Pan/Gir No. Aaccb7416Q Appellant) .. Respondent) Co No.19/Mum/2018 M/S. Atlanta Infra Assets Limited Vs. Dy. Commissioner Of Income 101, Shree Amba Shanti Chambers Tax – 9(1)(2) Andheri Kurla Road Room No.260A, Andheri (E), Mumbai – 400 059 Mumbai Pan/Gir No. Aaccb7416Q Appellant) .. Respondent) Revenue By Shri H.N. Singh Assessee By Shri Vijay Mehta Date Of Hearing 13/06/2018 Date Of Pronouncement 30/07/2018

depreciation on BOT Rights of Nagpur-Kondhali Section Road of Rs.95,41,58,755/- and Reducing grant aggregating to Rs.53.68

VALECHA BADWANI SENDHWA TOLLWAYS LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX - 11, MUMBAI

In the result, the grounds of appeal raised by assessee are allowed

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singhvalecha Badwani Sendhwa Pcit-11 Tollways Ltd. 4Th Floor, R.No. 417, Aayakar Bhavan, Valecha Chambers, Andheri M.K. Road, Mumbai-400020. New Link Road, Andheri (W), Vs. Mumbai-400053. Pan: Aadcv6105B Appellant Respondent Valecha Lm Tools Pvt. Ltd. Pcit-11 4Th Floor, Valecha Chambers, R.No. 417, Aayakar Bhavan, Andheri New Link Road, M.K. Road, Mumbai-400020. Andheri (W), Vs. Mumbai-400053. Pan: Aadcv2787M Appellant Respondent : Shri Sumant Chadha With Appellant By Mr. Jitendra Trivedi (Ar) Respondent By : Shri S.K. Poddar (Cit-Dr) Date Of Hearing : 01.04.2019 Date Of Pronouncement : 23.04.2019

58 SOT 147/33 taxmann.com 499 (Pune - Trib.) has held in clear terms that the claim of the assessee for depreciation on "licence to collect toll" being an 'intangible asset' falling within the scope of section

MUMBAI NASIK EXPRESSWAY LTD,MUMBAI vs. PR CIT (C) 4, MUMBAI

In the result, the appeal of assessee is allowed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

depreciation in terms of circular No.9 of 2014 issued by the CBDT, which has rendered the impugned assessment order passed u/s. 143(3) of the I.T. Act erroneous, in so far as it is prejudicial to the 6 interests of revenue, in terms of explanation 2 to section 263 of the I.T. Act. 1.6] In view of the above