DEUTSCHE INDIA PVT. LTD.(EARLIER KNOWN AS 'DBOI GLOBAL SERVICES PVT. LTD.),MUMBAI vs. ACIT-1(3)(1), MUMBAI

In the result, the appeal by the assessee is partly allowed for 16

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

depreciation and development rebate.  Section 35 grants deduction on expenditure for scientific research and knowledge extension in natural and applied sciences under agriculture, animal husbandry and fisheries. Payment to approved universities/research institutions orcompany also qualifies for deduction. In-house R&D is eligible for deduction, under this section.  Section 35CCD provides deduction for skill development projects, which constitute the flagship

ICICI SECURITIES LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI -4, MUMBAI

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

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

80G, provided the statutory conditions thereof are satisfied. The Assessing Officer, having examined the claim and allowed the deduction, had taken a plausible and legally sustainable view. 31. In such circumstances, the learned Principal Commissioner could not have invoked section 263 merely because he held a different opinion on the matter. Substitution of one plausible view by another is impermissible

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1, THANE, ASHAR IT PART, WAGLE INDUSTRIAL ESTATE, THANE WEST vs. MAHYCO MONSANTO BIOTECH (INDIA) PRIVATE LIMITED, SANDOZBAUGH SO THANE

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

depreciation and development rebate.\n• Section 35 grants deduction on expenditure for scientific research and knowledge extension in\nnatural and applied sciences under agriculture, animal husbandry and fisheries. Payment to approved\nuniversities/research institutions or A. Y : 2016 - 17 company also qualifies for deduction. In-house\nR&D is eligible for deduction, under this section. • Section 35CCD provides deduction for skill

ACIT-6(1)(1), MUMBAI, MUMBAI vs. ADITYA BIRLA SUN LIFE AMC LTD., MUMBAI

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

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailaditya Birla Sun Life Amc Ltd., Tower 1, Jupiter Mill Compound, 17Th Floor, One World Center, 841, Senapati Bapat Marg, ............... Appellant Mumbai - 400013 Pan : Aaacb6134D V/S

depreciation and development rebate.  Section 35 grants deduction on expenditure for scientific research and knowledge extension in natural and applied sciences under agriculture, animal husbandry and fisheries. Payment to approved universities/research institutions or company also qualifies for deduction.  In-house R&D is eligible for deduction, under this section.  Section 35CCD provides deduction for skill development projects, which constitute

GOLDMAN SACHS (INDIA) SECURITEIS PRIVATE LIMITED,MUMBAI vs. ADD/JT/DY/ASST/CIT/ITO/NFAC, DELHI

80G of the Act was denied by the Revenue\non a similar basis as in the present case. While deciding the issue in favour of\nthe taxpayer, the coordinate bench of the Tribunal, vide order dated\n29/04/2020, observed as follows:-\"We have perused submissions advanced by both sides in light ofrecords\nplaced before us.\n10. Section 135 of Companies

ACIT CC 4 3, MUMBAI, MUMBAI vs. MAERSK LINE INDIA PRIVATE LIMITED, MUMBAI

In the result, the appeal filed by the Revenue is allowed for statistical\npurposes

80G of the Act was denied by the\nRevenue on a similar basis as in the present case. While deciding the issue\nin favour of the taxpayer, the coordinate bench of the Tribunal, vide order\ndated 29.04.2020, observed as follows:\n\"We have perused submissions advanced by both sides in light of records\nplaced before us.\n10. Section

ACIT, CIRCLE - 3 3 1, MUMBAI vs. JAMNAGAR UTILITIES AND POWER PVT LTD, MUMBAI

In the result, both the appeals of the Revenue are allowed\npartly

depreciation and development rebate.\nSection 35 grants deduction on expenditure for scientific research\nand knowledge extension in natural and applied sciences under\nagriculture, animal husbandry and fisheries. Payment to approved\nuniversities/research institutions or company also qualifies for\ndeduction. In-house R&D is eligible for deduction, under this section.\nSection 35CCD provides deduction for skill development projects,\nwhich constitute

ACIT, CIRCLE - 3 3 1, MUMBAI vs. JAMNAGAR UTILITIES AND POWER PVT LTD, MUMBAI

In the result, both the appeals of the Revenue are allowed\npartly

depreciation and development rebate.\nSection 35 grants deduction on expenditure for scientific research\nand knowledge extension in natural and applied sciences under\nagriculture, animal husbandry and fisheries. Payment to approved\nuniversities/research institutions or company also qualifies for\ndeduction. In-house R&D is eligible for deduction, under this Section.\nSection 35CCD provides deduction for skill development projects,\nwhich constitute

ABM KNOWLEDGEWARE LIMITED,MUMBAI vs. ASSESSING OFFICER CIRCLE 4(1)(1), MUMBAI

In the result, the appeal filed by the assessee stands partly\nallowed

80G by observing as under:\n11. Section 135 of Companies Act, 2013 requires companies with CSR\nobligations, with effect from 01/04/2014. Finance (No.2) Act,\n2014 inserted new Explanation 2 to sub- section (1) of section 37, so as\nto clarify that for purposes of sub- section (1) of section 37, any\nexpenditure incurred by an assessee on the activities relating

ADITYA BIRLA SUN LIFE AMC LIMITED,MUMBAI vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE (NFAC), DELHI

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

depreciation and development rebate.\n• Section 35 grants deduction on expenditure for scientific research and\nknowledge extension in natural and applied sciences under agriculture, animal\nhusbandry and fisheries. Payment to approved universities/research institutions or\ncompany also qualifies for deduction.\n• In-house R&D is eligible for deduction, under this section.\n• Section 35CCD provides deduction for skill development projects

JOINT COMMISSIONER OF INCOME TAX OSD IN SITU CIRCLE 131, MUMBAI vs. TATA CAPITAL HOUSING FINANCE LIMITED, MUMBAI

In the result, both the appeals of the Revenue are\ndismissed

depreciation and development rebate.\n• Section 35 grants deduction on expenditure for scientific research and knowledge\nextension in natural and applied sciences under agriculture, animal husbandry and\nfisheries. Payment to approved universities/research institutions or company also\nqualifies for deduction. In-house R&D is eligible for deduction, under this section.\nJamnagar Utilities and Power Pvt. Ltd Section 35CCD •provides deduction

JOINT COMMISSIONER OF INCOME TAX OSD IN SITU CIRCLE 131 , MUMBAI vs. TATA CAPITAL HOUSING FINANCE LIMITED, MUMBAI

In the result, both the appeals of the Revenue are\ndismissed

depreciation and development rebate.\n• Section 35 grants deduction on expenditure for scientific research and knowledge\nextension in natural and applied sciences under agriculture, animal husbandry and\nfisheries. Payment to approved universities/research institutions or company also\nqualifies for deduction. In-house R&D is eligible for deduction, under this section.\nJamnagar Utilities and Power Pvt. Ltd Section 35CCD •provides deduction

SYNERGIA LIFESCIENCES PVT LTD,MUMBAI vs. DCIT-ASSESSMENT UNIT, MUMBAI

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

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

depreciation and development rebate.  Section 35 grants deduction on expenditure for scientific research and knowledge extension in natural and applied sciences under agriculture, animal husbandry and fisheries. Payment to approved universities/ research institutions or company also qualifies for deduction. In-house R&D is eligible for deduction, under this section.  Section 35CCD provides deduction for skill development projects, which constitute

ACIT-3 3 1, MUMBAI vs. JAMNAGAR UTILITIES AND POWER PRIVATE LIMITED, MUMBAI

In the result, the appeal of the Revenue and the C

80G relating to donations which is part of\nCorporate Social Responsibility in the case of M/s FNF India Pvt.\nLtd., v. ACIT (ITA. No. 1565/Bang/2019 dated 05.01.2021). The\nrelevant findings of the Bangalore Bench are reproduced below: -\n"9. After hearing both the parties, we find that similar issue came up\nfor consideration before this Tribunal in ITA No. 1693/Bang/2019

B. ARUNKUMAR CAPITAL & CREDIT SERVICES PVT LTD ,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX 3, MUMBAI

In the result the appeal filed by the assessee stands partly\nallowed

80G by observing as under:\n11. Section 135 of Companies Act, 2013 requires companies with CSR\nobligations, with effect from 01/04/2014. Finance (No.2) Act,\n2014 inserted new Explanation 2 to sub- section (1) of section 37, so as\nto clarify that for purposes of sub- section (1) of section 37, any\nexpenditure incurred by an assessee on the activities relating

RELIANCE RETAIL LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 8(1)(1), MUMBAI

In the result, the appeal filed by the Revenue is dismissed,\nwhereas the appeal filed by the assessee is partly allowed

80G would defeat the intent of Explanation 2 to section\n37(1) of the Act. Accordingly, deduction of Rs. 10,53,00,000/-\nwas disallowed.\nii. Restriction of deduction under section 80JJAA\nThe\nassessee\nclaimed deduction under section 80JJAA\namounting to Rs. 12,31,53,732/- which included deduction\npertaining to earlier assessment years. The Assessing Officer held\nthat deduction

ASST. COMMISSIONER OF INCOME TAX, MUMBAI vs. RELIANCE RETAIL LIMITED, MUMBAI

In the result, the appeal filed by the Revenue is dismissed, whereas the appeal filed by the assessee is partly allowed

Bench: SHRI SAKTIJIT DEY (Vice President), SHRI MAKARAND VASANT MAHADEOKAR (Accountant Member)

80G would defeat the intent of Explanation 2 to section 37(1) of the Act. Accordingly, deduction of Rs. 10,53,00,000/- was disallowed. ii. Restriction of deduction under section 80JJAA The assessee claimed deduction under section 80JJAA amounting to Rs. 12,31,53,732/- which included deduction pertaining to earlier assessment years. The Assessing Officer held that deduction

ACIT 3 3 1, MUMBAI, MUMBAI vs. JAMNAGAR UTILITIES AND POWER PVT. LTD., MUMBAI

In the result, both the appeal of the Revenue and the Cross-\nobjection of the assessee are dismissed

depreciation and development\nrebate.\nSection 35 grants deduction on expenditure for scientific research\nand knowledge extension in natural and applied sciences under\nagriculture, animal husbandry and fisheries. Payment to approved\nuniversities/research institutions or company also qualifies for\ndeduction. In-house R&D is eligible for deduction, under this section.\nSection 35CCD provides deduction for skill development projects,\nwhich constitute

GLITCH MEDIA PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - 1(3)(1), MUMBAI

In the result the appeal filed by the assessee stands partly\nallowed

80G by observing as under:\n11. Section 135 of Companies Act, 2013 requires companies with CSR\nobligations, with effect from 01/04/2014. Finance (No.2) Act,\n2014 inserted new Explanation 2 to sub- section (1) of section 37, so as\nto clarify that for purposes of sub- section (1) of section 37, any\nexpenditure incurred by an assessee on the activities relating