DCIT-1(2)1, MUMBAI., MUMBAI vs. PATIL CONSTRUCTION AND INFRASTRUCTURE LTD, MUMBAI

In the result In the result, all the three appeals filed by the revenue s filed by the revenue are dismissed

Bench: Shri Sandeep Gosain, Hon’Ble & Ms. Padmavathy S., Hon’Ble

section 801A 801A 801A stipulates stipulates stipulates development development development or or or maintenance of infrastructure facility." maintenance of infrastructure facility." 5. "Whether on the facts and in the circumstances of the case 5. "Whether on the facts and in the circumstances of the case 5. "Whether on the facts and in the circumstances of the case

RELIANCE INDUSTRIES LTD.,MUMBAI vs. ASSTT. CIT-CC-3(4), MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Pramod Kumar, Vice Preside & Shri Sandeep Singh Karhail

disallowance of interest payment when thin capitalization rule is not in force, which is in no way connected to the facts and issue of the instant case? - (Included in 7) 7.3 Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is correct in deleting the of capital loss by stating that General Anti

ACIT -3(4) , MUMBAI vs. RELIANCE INDUSTRIES LTD, MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Pramod Kumar, Vice Preside & Shri Sandeep Singh Karhail

disallowance of interest payment when thin capitalization rule is not in force, which is in no way connected to the facts and issue of the instant case? - (Included in 7) 7.3 Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is correct in deleting the of capital loss by stating that General Anti

VODAFONE WEST LIMITED,(FORMERLY KNOWN AS VODAFONE ESSAR GUJARAT LIMITED),AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

801A of the Act on the following:\n6.1 Served from India Scheme (SFIS) income of Rs 3,31,38,860\n6.2 Rs 92,75,000 disallowed under section 14A of the Act\nGround no 7

THE DY CIT, CIRCLE-4(1)(2),, AHMEDABAD vs. VODAFONE WEST LIMITED,, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

801A of the Act on the following:\n6.1 Served from India Scheme (SFIS) income of Rs 3,31,38,860\n6.2 Rs 92,75,000 disallowed under section 14A of the Act\nGround no 7

SINDHU RESETTLEMENT CORPORATION LIMITED ,MUMBAI vs. THE DCIT, CIRCLE - 2(3)(1), MUMBAI, MUMBAI

In the result, the appeal by the assessee is allowed

Bench: Shri. Om Prakash Kant & Shri. Sandeep Singh Karhail

disallowance of deduction claimed under section 80-IA of the Act on the basis that the assessee failed to 2 AY 2022-23 Sindhu Resettlement Corporation Ltd. furnish the audit report in Form no.10CCB within the stipulated date mentioned in the Act. Being aggrieved, the assessee is in appeal before us. 5. During the hearing, the learned Authorised Representative (“learned

GRASIM INDUSTRIES LIMITED (AS A SUCCESSOR TO ADITYA BIRLA NUVO LTD),MUMBAI vs. ADDL CIT LTU, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

7. We find merit in the contentions of the ld. Authorized Representative for the assessee. For the purpose of computation of book profits under section115JB, disallowance made under section 14A r.w.r. 8D cannot be added. The Hon'ble Jurisdictional High Court in the case of CIT vs. Bengal Finance & Investment Pvt. Ltd.(supra) while answering the observed

ASST CIT (LTU) 1, MUMBAI vs. GRASIM INDUSTRIES LIMITED (AS A SUCCESSOR TO ADITYA BIRLA NUVO LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

7. We find merit in the contentions of the ld. Authorized Representative for the assessee. For the purpose of computation of book profits under section115JB, disallowance made under section 14A r.w.r. 8D cannot be added. The Hon'ble Jurisdictional High Court in the case of CIT vs. Bengal Finance & Investment Pvt. Ltd.(supra) while answering the observed

JT. COMM OF INCOME TAX (OSD) , CC - 7(2), MUMBAI vs. M/S. RAJAMUNDRY EXPRESSWAY PVT. LTD, MUMBAI

In the result, the appeal of the revenue is dismissed

Bench: Us :-

Section 801A by Finance Act, 2007 clearly states that in a case where a person makes the investment, and himself executes the development work, only then he will be eligible for tax benefit u/s. 80IA of the Act. 3. On the facts and the circumstances of the case and in law, the Ld.CIT(A) erred in allowing the entire claim

DCIT 6(2)(1), MUMBAI vs. M/S CHARAK PHARMA P. LTD, MUMBAI

In the result, findings of the Ld

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

disallowance under section 80IC(7) r.w.s. 801A(8) without appreciating the fact that the disallowance was worked out by apportioning

DCIT 6(2)(1), MUMBAI vs. CHARAK PHARMA P.LTD, MUMBAI

In the result, findings of the Ld

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

disallowance under section 80IC(7) r.w.s. 801A(8) without appreciating the fact that the disallowance was worked out by apportioning

ACIT 6(2)(1), MUMBAI vs. CHARAK PHARMA P.LTD, MUMBAI

In the result, findings of the Ld

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

disallowance under section 80IC(7) r.w.s. 801A(8) without appreciating the fact that the disallowance was worked out by apportioning

ASST CIT 15(3)(1), MUMBAI vs. ZYDUS NYCOMED HEALTHCARE P. LTD, NAVI MUMBAI

In the result, appeal filed by the revenue is hereby dismissed

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.3336/Mum/2016 (निर्धारण वर्ा / Assessment Years: 2009-10) Acit 15(3)(1) बिधम/ M/S. Zydus Nycomed Room No.451, 4Th Floor, Healthcare Pvt. Ltd. Vs. C-4 Mid, Vill. Pawane, Aaykar Bhavan, Maharshi Thane Belapur Road, Vashi, Karve Road, Mumbai- Navi Mumbai-400705. 400020. आयकर अपील सं/ I.T.A. Nos.4670/Mum/2016 (निर्धारण वर्ा / Assessment Years: 2011-12) बिधम/ Dcit-15(3)(1) M/S. Zydus Nycomed Room No. 451, 4Th Floor, Healthcare Pvt. Ltd. Vs. C-4 Mid, Vill. Pawane, Aayakar Bhavan,Maharshi Thane Belapur Road, Vashi, Karve Road, Mumbai- Navi Mumbai-400705. 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacz0736D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Manjunatha Swamy (Dr) Assessee By: Shri B. V. Jhaveri (Ar) सुनवाई की तारीख / Date Of Hearing: 01/08/2019 घोषणा की तारीख /Date Of Pronouncement: 28/08/2019 आदेश / O R D E R Per Amarjit Singh (Jm): The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals)-24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2009- 10 & 2011-12. I.T.A. Nos.3336/Mum/2016 4670/Mum/2016 A.Y. 2009-10 & 2011-12

7) rw.s 801A(8) and 801A(10) to bring home the point that he had the powers to adopt the amount of profits as may be reasonably deemed to have been derived in case he found that the business transactions were arranged with other parties so as to produce more than ordinary profits. Apart from the above, Ld. AO referred

DCIT-CENTRAL CIRCLE-1(4), MUMBAI, MUMBAI vs. NAVKAR CORPORATION LIMITED, NAVI MUMBAI

In the result, we affirm the order of the Ld

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

section 801A(4)(i) of the Act amounting to Rs.266,13,62,345/- The tax on Book Profit being higher than the tax payable on the total income, tax u/s 115JB was paid for taxation amounting to Rs. 128,54,71,778/-. 4. In so far as the disallowance of deduction u/s.80IA(4)(i) which has been raised

ESSEL MINING & INDUSTRIES LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 1(4), MUMBAI

Appeal is dismissed

7. On the facts and the circumstances of the case and in law the Ld. CIT(A) has erred in allowing deduction u/s. 801A of the Act of Rs. 48,79,600/- disallowed on account of common expenses. 8. On the facts and the circumstances of the case and in law the Ld. CIT(A) has erred in allowing deduction

RELIANCE INDUSTRIES LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX LARGE TAXPAYER UNIT-2, MUMBAI

In the result, the ITA No

7), has to be allowed at Rs.6832,18,56,826/- and in view of the scheme and provisions of the Act, no deduction can be allowed to the assessee u,/s80IB of the Act. Therefore, claim of deduction u/s.80IB of the Act of Rs.698,07,88,519/- disallowed and the same is added back to the income of the assessee

RELIANCE INDUSTRIES LIMITED,MUMBAI vs. ACIT , MUMBAI

In the result, the ITA No

7), has to be allowed at Rs.6832,18,56,826/- and in view of the scheme and provisions of the Act, no deduction can be allowed to the assessee u,/s80IB of the Act. Therefore, claim of deduction u/s.80IB of the Act of Rs.698,07,88,519/- disallowed and the same is added back to the income of the assessee

DCIT (LTU)-2, MUMBAI vs. M/S RELIANCE INDUSTRIES LTD., MUMBAI

In the result, the ITA No

7), has to be allowed at Rs.6832,18,56,826/- and in view of the scheme and provisions of the Act, no deduction can be allowed to the assessee u,/s80IB of the Act. Therefore, claim of deduction u/s.80IB of the Act of Rs.698,07,88,519/- disallowed and the same is added back to the income of the assessee