GATI KINTETSU EXPRESS PRIVATE LIMITED,MUMBAI vs. DY.COMMISSIONER OF INCOME , CIRLCE 14(1)(2)TAX, MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

1 to 308. 9. Regarding the first issue of disallowance of Regarding the first issue of disallowance of Regarding the first issue of disallowance of depreciation claimed on intangible claimed on intangible/ goodwill by the Assessing Officer, dwill by the Assessing Officer, the facts in brief are that the assessee entered into a business transfer are that the assessee entered

GATI KINTETSU EXPRESS PRIVATE LIMITED ,MAHARASHTRA AND MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MAHARASHTRA AND MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

1 to 308. 9. Regarding the first issue of disallowance of Regarding the first issue of disallowance of Regarding the first issue of disallowance of depreciation claimed on intangible claimed on intangible/ goodwill by the Assessing Officer, dwill by the Assessing Officer, the facts in brief are that the assessee entered into a business transfer are that the assessee entered

GATI KINTETSU EXPRESS PRIVATE LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

1 to 308. 9. Regarding the first issue of disallowance of Regarding the first issue of disallowance of Regarding the first issue of disallowance of depreciation claimed on intangible claimed on intangible/ goodwill by the Assessing Officer, dwill by the Assessing Officer, the facts in brief are that the assessee entered into a business transfer are that the assessee entered

GATI KINTETSU EXPRESS PRIVATE LIMITED ,MAHARASHTRA AND MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI, MAHARASHTRA AND MUMBAI

In the result, In the result, appeal for AY 2013-14 is allowed partly for 14 is allowed partly for statistical purposes, purposes, appeal for AY 2014-15 is partly allowed, is partly allowed, appeal...

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

1 to 308. 9. Regarding the first issue of disallowance of Regarding the first issue of disallowance of Regarding the first issue of disallowance of depreciation claimed on intangible claimed on intangible/ goodwill by the Assessing Officer, dwill by the Assessing Officer, the facts in brief are that the assessee entered into a business transfer are that the assessee entered

THERMO FISHER SCIENTIFIC INDIA PVT LTD. ,MUMBAI vs. DCIT-15(3)(1), MUMBAI

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Thermo Fisher Scientific India Dy. Cit-15(3)(1), Pvt. Ltd., Room No. 360, Aayakar Vs. 403-404, ‘B’ Wing, Delphi, Bhavan, New Marine Lines, Hiranandani Business Park, Mumbai-400020. Mumbai-400076. Pan No. Aabct 3207 A Appellant Respondent

1)G of the Act. Accordingly, the depreciation allowable to the assessee on Goodwill should have been o (zero). assessee on Goodwill should have been o (zero). 5. A homogeneous reading of the provisions of sections 2(1B). 32 A homogeneous reading of the provisions of sections 2(1B). 32 A homogeneous reading of the provisions of sections

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

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

Disallowance of deduction under section 36(1)(viii) – Ground No.5 in assessee's appeal 26. For the year under consideration the assessee has claimed deduction under section 36(1)(viii) to the tune of Rs. 43,41,10,331/- based on the following computation: Deduction u/s 36(1)(viii) Amount for AY 2011-12 Profits and Gains of business before

STATE BANK OF MYSORE,BANGALORE vs. JCIT, BANGALORE

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

Disallowance of deduction under section 36(1)(viii) – Ground No.5 in assessee's appeal 26. For the year under consideration the assessee has claimed deduction under section 36(1)(viii) to the tune of Rs. 43,41,10,331/- based on the following computation: Deduction u/s 36(1)(viii) Amount for AY 2011-12 Profits and Gains of business before

PFIZER LTD,MUMBAI vs. DCIT - 14(2) (2), MUMBAI

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

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm M/S Pfizer Limited The Capital, 1802/1901, Acit-14(2)(2) Plot No.C-70, G-Block, 461, 4T H Floor, Aaykar Bhavan Bandra Kurla Complex, Vs. Mumbai-400 020 Bandra (East), Mumbai-400 051 (Appellant) (Respondent) Pan No. Aaacp3334M

disallowing the aforesaid claim of ITA No.2108, 2132/Mum/2018 & CO 110/Mum/2019; A.Y. 2014-15 depreciation by invoking the erstwhile fifth of proviso to section 32 (1

ACIT - 14(2) (2), MUMBAI vs. PFIZER LTD, MUMBAI

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

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm M/S Pfizer Limited The Capital, 1802/1901, Acit-14(2)(2) Plot No.C-70, G-Block, 461, 4T H Floor, Aaykar Bhavan Bandra Kurla Complex, Vs. Mumbai-400 020 Bandra (East), Mumbai-400 051 (Appellant) (Respondent) Pan No. Aaacp3334M

disallowing the aforesaid claim of ITA No.2108, 2132/Mum/2018 & CO 110/Mum/2019; A.Y. 2014-15 depreciation by invoking the erstwhile fifth of proviso to section 32 (1

T K STEEL ROLLING MILLS PRIVATE LIMITED,MUMBAI vs. DCIT, CPC, , BANGALURU

In the result, all the appeals are allowed in the terms indicated above

32(1) Mumbai ………………….…… Respondent Appearances by: None for the appellant Dr. Pratap Narayan Sharma for the respondent Date of concluding the hearing : June 30, 2022 Date of pronouncement the order : June 30, 2022 ITA Nos.: 845,846,865, 891,892, 910,911, 914, 915, 993,994,1003, 1063,1076,1122, 1150/Mum/2022 Assessment Years: 2017-18,2018-19, 2019-20 Page

SURANA MOTORS PRIVATE LIMITED ,MUMBAI vs. DY CIT, CPC, BANGALORE

In the result, all the appeals are allowed in the terms indicated above

32(1) Mumbai ………………….…… Respondent Appearances by: None for the appellant Dr. Pratap Narayan Sharma for the respondent Date of concluding the hearing : June 30, 2022 Date of pronouncement the order : June 30, 2022 ITA Nos.: 845,846,865, 891,892, 910,911, 914, 915, 993,994,1003, 1063,1076,1122, 1150/Mum/2022 Assessment Years: 2017-18,2018-19, 2019-20 Page

MASTER POLISHERS PRIVATE LIMITED,MUMBAI vs. DCIT, CPC, MUMBAI

In the result, all the appeals are allowed in the terms indicated above

32(1) Mumbai ………………….…… Respondent Appearances by: None for the appellant Dr. Pratap Narayan Sharma for the respondent Date of concluding the hearing : June 30, 2022 Date of pronouncement the order : June 30, 2022 ITA Nos.: 845,846,865, 891,892, 910,911, 914, 915, 993,994,1003, 1063,1076,1122, 1150/Mum/2022 Assessment Years: 2017-18,2018-19, 2019-20 Page

NILESH V. METHA,MUMBAI vs. DCIT 32(1),MUMBAI, MUMBAI

In the result, all the appeals are allowed in the terms indicated above

32(1) Mumbai ………………….…… Respondent Appearances by: None for the appellant Dr. Pratap Narayan Sharma for the respondent Date of concluding the hearing : June 30, 2022 Date of pronouncement the order : June 30, 2022 ITA Nos.: 845,846,865, 891,892, 910,911, 914, 915, 993,994,1003, 1063,1076,1122, 1150/Mum/2022 Assessment Years: 2017-18,2018-19, 2019-20 Page

STG REFRACTORY SERVICES PVT. LTD.,,MUMBAI-400042 vs. DY COMMISSIONER OF INCOME TAX , CENTRAL PROCESSING CENTRE, KARNATAKA-560500

In the result, all the appeals are allowed in the terms indicated above

32(1) Mumbai ………………….…… Respondent Appearances by: None for the appellant Dr. Pratap Narayan Sharma for the respondent Date of concluding the hearing : June 30, 2022 Date of pronouncement the order : June 30, 2022 ITA Nos.: 845,846,865, 891,892, 910,911, 914, 915, 993,994,1003, 1063,1076,1122, 1150/Mum/2022 Assessment Years: 2017-18,2018-19, 2019-20 Page

T K STEEL ROLLING MILLS PRIVATE LIMITED,MUMBAI vs. DCIT, CPC, BANGALURU, BANGALURU

In the result, all the appeals are allowed in the terms indicated above

32(1) Mumbai ………………….…… Respondent Appearances by: None for the appellant Dr. Pratap Narayan Sharma for the respondent Date of concluding the hearing : June 30, 2022 Date of pronouncement the order : June 30, 2022 ITA Nos.: 845,846,865, 891,892, 910,911, 914, 915, 993,994,1003, 1063,1076,1122, 1150/Mum/2022 Assessment Years: 2017-18,2018-19, 2019-20 Page

M/S VAISHALI PHARMA LIMITED ,MUMBAI vs. DY CIT CPC, BANGALURU

In the result, all the appeals are allowed in the terms indicated above

32(1) Mumbai ………………….…… Respondent Appearances by: None for the appellant Dr. Pratap Narayan Sharma for the respondent Date of concluding the hearing : June 30, 2022 Date of pronouncement the order : June 30, 2022 ITA Nos.: 845,846,865, 891,892, 910,911, 914, 915, 993,994,1003, 1063,1076,1122, 1150/Mum/2022 Assessment Years: 2017-18,2018-19, 2019-20 Page

STATE BANK OF INDIA,MUMBAI vs. ADDL CIT RG 2(2), MUMBAI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed, as indicated above

Bench: Sri Mahavir Singh, Vp & Sri G Manjunatha, Am आयकर अपील सुं./ Ita No. 3644/Mum/2016 (ननर्ाारण वर्ा / Assessment Year 2008-09) State Bank Of India The Dy. Commissioner Of 3Rd Floor, Corporate Centre Income Tax, Circle -2(2)(1) बनाम/ Madam Cama Road Mumbai Vs. Nariman Point Mumbai-400021 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaacs8577K

disallowance of provision towards gratuity which was squarely covered by the provision of section 40A(7) of the Act. Further, it is clarified that section 40A(9) of the Act will not be applicable since the provision is not towards contribution to any pension fund. We are of the view that sections 36(1)(iv) and 36(1

ACIT, MUMBAI vs. K RAHEJA CORP PRIVATE LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2020-21

section 14A @ 1% 1,45,31,436 1,45,31,436 of investments of investments Add: Direct Expenditure Add: Direct Expenditure 740 Disallowance u/s. 14A Disallowance u/s. 14A 1,45,32

ANDHRA PRADESH EXPRESSWAY LIMITED,MUMBAI CITY vs. INCOME TAX OFFICER, WARD 1(1)(1), MUMBAI

In the result, appeals of the assessee are partly allowed and appeals of the revenue are dismissed

section 32(1(ii)? And, if not, whether the same being Revenue expenditure is liable to be amortized over the period of concession? 10. And thereafter, the Ld. Special Bench re-framed the question in consonance with the fact of the case and framed the question as under: - “Whether on the facts and in the circumstances of the case