WNS GLOBAL SERVICES P.LTD,MUMBAI vs. ASST CIT 10(2), MUMBAI

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

Bench: Shri M.Balaganesh & Shri Amarjit Singhwns Global Services Pvt. Ltd., Vs. Asst. Commissioner Of Gate No.4, Godrej & Boyce Income Tax- 10(2) Complex, Mumbai Pirojshanagar, Vikhroli (W) Mumbai – 400 079 Pan/Gir No.Aaacw2598L (Appellant) .. (Respondent)

9, the Department has challenged the decision of the learned Commissioner (Appeals) in allowing assessee's claim of depreciation on intangibles representing acquisition of business contract. 36. Brief facts are, during the assessment proceedings, the Assessing Officer while examining assessee's claim of depreciation noticed that the assessee by virtue of an agreement executed on 13th January 2004, with

TATA AIG GENERAL INSURANCE CO. LTD.,MUMBAI vs. DY CIT - 8(3)(1), MUMBAI

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

section as a whole. This direction, in our considered opinion, would make computation provisions mentioned in Rule 5 of the first schedule of the Income Tax Act workable. In view of the above observations, we direct the ld. AO to grant allowance of depreciation u/s.32 of the Act for the year under consideration. Needless to mention that

DY..C.I.T., BANGALORE vs. M/S STATE BANK OF MYSORE, BANGALORE

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

depreciation on Automated Tailor Machine (ATM) and 3 other computer peripherals by reclassifying as Plant & Machinery Disallowance of certain liabilities by treating as contingent liability 4 Disallowance of deduction under section 36(1)(viii) 5 Disallowance of unamortized incremental payment / contribution to 6 approved gratuity fund and payment/contribution to approved pension fund Disallowance of contribution to retired employees medical benefit

STATE BANK OF MYSORE,BANGALORE vs. JCIT, BANGALORE

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

depreciation on Automated Tailor Machine (ATM) and 3 other computer peripherals by reclassifying as Plant & Machinery Disallowance of certain liabilities by treating as contingent liability 4 Disallowance of deduction under section 36(1)(viii) 5 Disallowance of unamortized incremental payment / contribution to 6 approved gratuity fund and payment/contribution to approved pension fund Disallowance of contribution to retired employees medical benefit

M/S. GLOBAL CRICKET CORPORATION PTE. LTD.,MUMBAI vs. DDIT IT-3(1), MUMBAI

Appeal of the Revenue is dismissed, and cross-objection by the Assessee are disposed off as infructuous

Section 2(ff) of ICA defines „communication to the public‟ to, inter alia, mean making any work available for being seen or heard or otherwise enjoyed by the public by any means of display or diffusion. Term „Broadcast‟ is defined in Section 2(dd) to mean communication to public by means of wireless diffusion or by wire and includes

M/S. GLOBAL CRICKET CORPORATION PTE. LTD.,MUMBAI vs. ADIT (INT. TAXATION) - 3(1), MUMBAI

Appeal of the Revenue is dismissed, and cross-objection by the Assessee are disposed off as infructuous

Section 2(ff) of ICA defines „communication to the public‟ to, inter alia, mean making any work available for being seen or heard or otherwise enjoyed by the public by any means of display or diffusion. Term „Broadcast‟ is defined in Section 2(dd) to mean communication to public by means of wireless diffusion or by wire and includes

ADIT (IT)-3(1), MUMBAI vs. M/S. GLOBAL CRICKET CORPORATION PTE. LTD., MUMBAI

Appeal of the Revenue is dismissed, and cross-objection by the Assessee are disposed off as infructuous

Section 2(ff) of ICA defines „communication to the public‟ to, inter alia, mean making any work available for being seen or heard or otherwise enjoyed by the public by any means of display or diffusion. Term „Broadcast‟ is defined in Section 2(dd) to mean communication to public by means of wireless diffusion or by wire and includes

WNS GLOBAL SERVICES P. LTD,MUMBAI vs. DCIT CIR 14(3)(1), MUMBAI

In the result, the appeals are partly allowed

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiita No.2257/Mum/2017 Assessment Year : 2012 -13 Ita No.1955/Mum/2016 Assessment Year : 2011 -12

section 10A of the Act) should be computed without considering the gain from forex derivative contracts. 9. The learned AO erred in not setting off brought forward business losses and unabsorbed depreciation

WNS GLOBAL SERVICES P.LTD,MUMBAI vs. DCIT CIR 14(3)(1), MUMBAI

In the result, the appeals are partly allowed

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiita No.2257/Mum/2017 Assessment Year : 2012 -13 Ita No.1955/Mum/2016 Assessment Year : 2011 -12

section 10A of the Act) should be computed without considering the gain from forex derivative contracts. 9. The learned AO erred in not setting off brought forward business losses and unabsorbed depreciation

TATA COMMUNICATIONS LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

depreciable asset, however, while granting exemption under Section 54E of the Act, which is applicable for Long term capital gains, the jurisdictional High Court has held that for the purpose of exemption under Section 54E of the Act, it has to be treated as Long term capital gains. 9

SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

depreciable asset and assessee has neither challenged the applicability of Section 50 of the Act nor has it challenged the income determined in accordance with the Section 50. The issue before us is, whether the rate of tax which is to be determined u/s.112 of the Act shall be applicable if asset is a long term capital asset held

PROCTER & GAMGLE HYGIENE& HEALTHCARE ,LTD,MUMBAI vs. ACIT CIR 7(1), MUMBAI

Appeals are partly allowed

Depreciation of Head Office (INR 12,65,20,024/-) and Interest Expenses (INR 85,97,604/-). Accordingly, we set aside the reallocation of expenses made by the Assessing Officer and direct the Assessing Officer recomputed deduction under Section 80IB of the Act accordingly. 9

ADDL CIT RG 7(1), MUMBAI vs. PROCTOR & GAMBLE HYGIENE & HEALTHCARE LTD, MUMBAI

Appeals are partly allowed

Depreciation of Head Office (INR 12,65,20,024/-) and Interest Expenses (INR 85,97,604/-). Accordingly, we set aside the reallocation of expenses made by the Assessing Officer and direct the Assessing Officer recomputed deduction under Section 80IB of the Act accordingly. 9

ALLIED PHOTOGRAPHICS INDIA LIMITED ,CHURCHGATE vs. NATIONAL FACELESS ASSESSMENT CENTER, DELHI

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

depreciation was made ‘on the basis of factual inaccuracies provided by the assessee’. To attract levy of penalty under Section 270A(8) of the Act, the under-reporting should be in consequence of misreporting as defined in Section 270A(9

HINDUSTAN UNILEVER LTD,MUMBAI vs. ITO CIR 1(1)(4), MUMBAI

In the result, both the appeal of the assessee and the revenue are partly allowed

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

depreciation of tea unit in Dharwad for the purpose of section 80IB. Allocation of research & Development expenses and interest expenses and while determining the profits for the purpose of deduction under section 80IB – Ground No.5 & 6 14. The Assessing Officer during the course of assessment held that the outcome of the research expenditure is futuristic in nature in the manufacturing

VODAFONE IDEA LIMITED (FORMERLY IDEA CELLULAR LTD),MUMBAI vs. DCIT - 14(2)(1), MUMBAI

Depreciation @25%\n276,91,10,706/-\nvi) Disallowance of Abandoned\nproject/site expenses-as discussed in\npara-9\nIn Rs.\n127,32,60,974/-\n57,10,82,414/-\n625,62,21,192/-\n62,41,66,807/-\n15,03,41,540/-\n830,73,32,120/-\n85,70,422/-\n(vii) Disallowance of club entrance\nfees--as discussed in para

DCIT - 14(2)(1), MUMBAI vs. IDEA CELLULAR LTD., MUMBAI

Depreciation @25%\n276,91,10,706/-\nvi) Disallowance of Abandoned\nproject/site expenses-as discussed in\npara-9\nIn Rs.\n127,32,60,974/-\n57,10,82,414/-\n625,62,21,192/-\n62,41,66,807/-\n15,03,41,540/-\n830,73,32,120/-\n85,70,422/-\n(vii) Disallowance of club entrance\nfees--as discussed in para

ACIT(LTU-1), MUMBAI vs. M/S. TCS LTD, MUMBAI

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

9(I)(vi) of the Income-tax Act, 1961 thereby making it incumbent upon all such persons to deduct tax at source and pay such tax deductible at source under section. 195 of the Act; Held, (i) that in all these cases, the licence" that was granted under the enduser licence agreement, was not a licence in terms of section

TATA CONSULTANCY SERRVICES LIMITED,MUMBAI vs. DCIT-1, MUMBAI

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

9(I)(vi) of the Income-tax Act, 1961 thereby making it incumbent upon all such persons to deduct tax at source and pay such tax deductible at source under section. 195 of the Act; Held, (i) that in all these cases, the licence" that was granted under the enduser licence agreement, was not a licence in terms of section