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

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

5) This Section applies to donations to any institution or fund\nreferred to in Sub clause (iv) of clause (a) of Subsection (2), only if it is established in India for a\ncharitable purpose and if it fulfills the following condition namely...\".\n12.2 Based on the above, it was submitted that as per section 80G of the act,\ndeduction

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

5,96,20,000 under section\n80G of the Act on account of donations amounting to INR 11,92,40,000 paid\nto the entities eligible for deduction under section 80G(1)(ii) of the Act and\naccordingly, the deduction for 50% of the qualifying amount was claimed\nunder section 80G of the Act. In support of the aforesaid submission

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

5, raised in Revenue's appeal, pertain to the deletion\nof disallowance made under section 40(a)(i) and section 40(a)(ia) of the\nAct.\n4.\nWe have considered the submissions for both sides and perused the\nmaterial available on record. The brief facts of the case are that the\nassessee's primary activity is to provide shipping agency

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

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

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

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

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

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