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

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

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

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

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

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

ABHAY ISPAT (INDIA) PRIVATE LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX OFFICER, MUMBAI - 6, MUMBAI

In the result, the appeal by the assessee is allowed

80G of the Act was objected to on a similar basis as in the present\ncase. While deciding the issue in favour of the taxpayer, the Bangalore Bench\nof the Tribunal, vide order dated 29/04/2020, observed as follows:\n\"We have perused submissions advanced by both sides in light of records\nplaced before us.\n10. Section 135 of Companies

ASSISTANT COMMISSIONER OF INCOME TAX-3(4),MUMBAI, MUMBAI vs. LUBRIZOL INDIA PVT LTD, THANE

In the result, the appeal of the revenue bearing ITA No

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjeeassistant Commissioner Of Vs Lubrizol India Pvt Ltd Income-Tax-3(4), Mumbai 9/3, Lubrizol India Private Limited- 5Th Room No.559, Floor, Plant, Thane Belapur Road, Turbhe Aayakar Bhavan, Churchgate Naka, Turbhe, Navi Mumbai, Thane- Mumbai-400 020 400 705 Pan: Aaacl0126H Appellant Respondent

depreciation amount to Rs.2,23,91,990/-. Further, the assessee claimed CSR expenses amount to Rs.1,.74,33,448/- U/s 37 of the Act and which was disallowed in the return of income. But the assessee claimed 50% of the expenses which comes to Rs.87,16,724/- under section 80G

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

Bench: Shri Vikram Singh Yadav & 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

AXIS FINANCE LIMITED ,MUMBAI vs. DCIT 6(1)2, MUMBAI

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

Bench: Shri Sandeep Gosain & Shri Prabhash Shankaraxis Finance Limited, V/S. Deputy Commissioner Of Ground Floor Axis House, C-2 बनाम Income Tax– 6(1)(2), Wadia, International Center, Aayakar Bhawan, Mumbai P.B. Marg Worli, Prabhadevi, –400020, Maharashtra Mumbai–400 025, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaack3010F Appellant/अपीलार्थी .. Respondent/प्रतिवादी

section 45-IA of the Reserve Bank of India (‘RBI’) Act. The assessment order was passed determining total income at Rs.3,685,014,602/- by making disallowance/ addition of Rs 2,99,74,374/- and Rs 81,89,708/- in respect of CSR expenses and excess depreciation respectively. The assessee in the above grounds has agitated disallowance of CSR expenses

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

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar

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

WNS GLOBAL SERVICES PRIVATE LIMITED,MUMBAI vs. ASESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI, NEW DELHI

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarwns Global Services Private Vs Assessment Unit, National Faceless Limited, Mumbai Assessment Centre, New Delhi Pl-10/11, Gate No.4, Godrej- Boyce Complex, Pirojshanagar, L.B.S.Marg, Vikhroli (West), Mumbai-400 079 Pan: Aaacw2598L Appellant Respondent

depreciation claimed on intangible assets, namely customer contracts, customer relationships, and non-compete fees, is allowable under Section 32(1)(ii) of the Act. The impugned disallowance sustained by the Assessing Officer is hereby deleted. Accordingly, Ground no. 9 of the assessee’s appeal is allowed. Ground no. 10 : Deduction under section 80G