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)

5. After giving thoughtful consideration to the material placed on record and the submissions of the learned Departmental Representative, it is evident that the sole controversy centres upon the allowability of deduction under section 80G in respect of donations made out of CSR funds, which the assessee had already disallowed while computing income under section 37. This precise issue

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

depreciation and development rebate.\n• Section 35 grants deduction on expenditure for scientific research and\nknowledge extension in natural and applied sciences under agriculture,\nanimal 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, which\nconstitute

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

5. The Assessing Officer (“AO”) vide order dated 08/09/2022 passed under section 143(3) read with section 144B of the Act did not agree with the submissions of the assessee and held that under section 80G the „sums paid‟ need to be „donation’ for the purpose of being eligible for deduction under the said section. It was further held that

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

5. We have heard rival submission of the parties and perused the relevant\nmaterial on record. In the case, the assessee debited Rs.8,60,00,000/- on\naccount of CSR while computing total income. However, the assessee claimed\n50% deduction i.e. Rs.4,30,00,000/- u/s 80G of the Act. According to the\nOfficer CSR is statutory liability

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

5. We have heard rival submission of the parties and perused the relevant\nmaterial on record. In the case, the assessee debited Rs.8,60,00,000/- on\naccount of CSR while computing total income. However, the assessee claimed\n50% deduction i.e. Rs.4,30,00,000/- u/s 80G of the Act. According to the\nOfficer CSR is statutory liability

CHAMBER OF INDIAN CHARITABLE TRUSTS,MUMBAI vs. PR CIT/ COMM OF INCOME TAX, MUMBAI

In the result, the appeals filed by the assessee are allowed

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 2168 & 2169/Mum/2021 (निर्धारण वर्ा / Assessment Year:2022-23) Chamber Of Indian बिधम/ Pcit Charitable Trusts Mumbai-400020. Vs. Gala No.328-332, Linkway Estates, New Link Road, Malad (W), Mumbai- 400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaicc9627J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri P. J. Pardiwala & Mr. Sukhsagar Syal. Revenue By: Shri Nihar Samal (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Trust Against The Imposition Of Certain Impugned Conditions In The Orders Passed By The Ld. Cit(E), Mumbai Dated 24.09.2021 & 24.05.2021, Whereby The Ld. Cit(E) Granted Registration U/S 12Ab(1)(A) Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Under Clause (Iii) Of The Second Proviso To Section 80G(5) Of The Act

depreciation on a certain class of asset, or a class of cases, to use the language of section 10(2)(vi), cannot be accepted as a rule made for carrying out the purposes of the Act; indeed, such a rule may be regarded as patently violative of the purposes of the Act, i.e., of section 10(2).” 19. Shri Pardiwala

CHAMBER OF INDIAN CHARITABLE TRUSTS,MUMBAI vs. PR CIT/ COMM OF INCOME TAX, MUMBAI

In the result, the appeals filed by the assessee are allowed

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 2168 & 2169/Mum/2021 (निर्धारण वर्ा / Assessment Year:2022-23) Chamber Of Indian बिधम/ Pcit Charitable Trusts Mumbai-400020. Vs. Gala No.328-332, Linkway Estates, New Link Road, Malad (W), Mumbai- 400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaicc9627J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri P. J. Pardiwala & Mr. Sukhsagar Syal. Revenue By: Shri Nihar Samal (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Trust Against The Imposition Of Certain Impugned Conditions In The Orders Passed By The Ld. Cit(E), Mumbai Dated 24.09.2021 & 24.05.2021, Whereby The Ld. Cit(E) Granted Registration U/S 12Ab(1)(A) Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Under Clause (Iii) Of The Second Proviso To Section 80G(5) Of The Act

depreciation on a certain class of asset, or a class of cases, to use the language of section 10(2)(vi), cannot be accepted as a rule made for carrying out the purposes of the Act; indeed, such a rule may be regarded as patently violative of the purposes of the Act, i.e., of section 10(2).” 19. Shri Pardiwala

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

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

depreciation and development rebate.\n• Section 35 grants deduction on expenditure for scientific research and\nknowledge extension in natural and applied sciences under agriculture,\nanimal 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, which\nconstitute

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

5. We heard the parties and perused the material on records. The\nassessee during the year disallowed a sum of Rs.33,85,00,000 under\nsection 37 of the Act towards the CSR Spend in compliance with section\n135 of the Act. Since the institutions to which the said amounts are\ngiven are registered under section 80G

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

5,99,48,745 by holding that the deduction under section 80G is not allowable with respect to CSR expenditure. 2. On the facts and in circumstances of the case and in law, the Hon'ble Commissioner of Income-tax (Appeal) has erred in not considering the detailed submissions made in the statement of facts filed by the Appellant along

NARKE GREEN FOUNDATION CHARITABLE INSTITUTION,MUMBAI vs. CIT(EXEMPTION) , MUMBAI

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

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

depreciation under section 32(1) (ii-a) of the Act. As per the settled position of law, an assessee claiming exemption has to strictly and literally comply with the exemption provisions. Therefore, the said decision shall not be applicable to the facts of the case on hand, while considering the exemption provisions. Even otherwise, Chapter III and Chapter

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

Bench: Shri Vikram Singh Yadav & Shri Sandeep Singh Karhail

5. The Assessing Officer (“AO”), vide order dated 29.09.2023 passed under section 143(3) of the Act, from the perusal of the Tax Audit Report filed by the assessee for the assessment year 2019-20, observed that the tax auditor has mentioned "NOPAN1234A" in the column meant for mentioning PAN of the payee. Accordingly, since the PAN of the payees

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 of the Act, instead of CSR expenses

OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMTIED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(2), MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

section 23 regarding deemed rental income from vacant premises is not applicable. Based on this finding, ld. CIT(A) deleted the addition made by ld. Assessing Officer. Overseas Infrastructure Alliance (India) Pvt. Ltd. AYs 2011-12, 2015-16 to 2017-18 and 2019-20 to 2022-23 4.18. In the given set of facts and position of law as discussed