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

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 and in law the Ld.CIT

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

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

In the result, the ITA No

801A(9) restricts only allowability of deduction and not "computation of deduction". 80. The ld CIT(A) has expressed the view that the assessee has adopted two different parameters for computing deductions u/s 10AA ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 2014-15 & 2015-16 Page 15 of 105 and u/s 80IB(9) of the Income

RELIANCE INDUSTRIES LIMITED,MUMBAI vs. ACIT , MUMBAI

In the result, the ITA No

801A(9) restricts only allowability of deduction and not "computation of deduction". 80. The ld CIT(A) has expressed the view that the assessee has adopted two different parameters for computing deductions u/s 10AA ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 2014-15 & 2015-16 Page 15 of 105 and u/s 80IB(9) of the Income

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

In the result, the ITA No

801A(9) restricts only allowability of deduction and not "computation of deduction". 80. The ld CIT(A) has expressed the view that the assessee has adopted two different parameters for computing deductions u/s 10AA ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 2014-15 & 2015-16 Page 15 of 105 and u/s 80IB(9) of the Income

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

Appeals are partly allowed

disallowance be deleted. 10.1. Ground No. VII pertains to reduction on claim under Section 80HHC of the Act by reducing 90% of entire other income by way of interest and miscellaneous income. The claim of the Assessee is that the Assessing Officer erred in reduced 90% of the entire other income of INR 11,84,18,570/- while computing deduction

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

Appeals are partly allowed

disallowance be deleted. 10.1. Ground No. VII pertains to reduction on claim under Section 80HHC of the Act by reducing 90% of entire other income by way of interest and miscellaneous income. The claim of the Assessee is that the Assessing Officer erred in reduced 90% of the entire other income of INR 11,84,18,570/- while computing deduction

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

9. With regard to disallowance under section 14A being added to the book profits under section 115JB of the Act, the ld. AR submitted that this issue has also been considered by the decision of Co-ordinate Bench in assessee's own case for AY 20110-11 (supra) where it has been held that – “7. We find merit

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

9. With regard to disallowance under section 14A being added to the book profits under section 115JB of the Act, the ld. AR submitted that this issue has also been considered by the decision of Co-ordinate Bench in assessee's own case for AY 20110-11 (supra) where it has been held that – “7. We find merit

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

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- Addition of Rs 92,75,000 disallowed under section 14A\nwhile computing book profits under section 115JB of the Act\n7. On the facts

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- Addition of Rs 92,75,000 disallowed under section 14A\nwhile computing book profits under section 115JB of the Act\n7. On the facts

DY. COMMISSIONER OF INCOME TAX 5(2)(1), MUMBAI, MUMBAI vs. JSW STEEL COATED PRODUCTS LIMITED, MUMBAI

In the result, appeal of the

Bench: Shri Pawan Singh & Shri Girish Agrawal

801A(8) market value means (1) the price that such goods or services would ordinarily fetch in the open market", what is to be seen and tested with comparable is the price that the electricity generated by the eligible unit would ordinarily fetch in the open market if sold and not the rate at which non-eligible unit could procure

DCIT-5(2)(1),MUMBAI, AAYAKAR BHAVAN vs. JSW STEEL COATED PRODUCTS LIMITED, MUMBAI

In the result, appeal of the

Bench: Shri Pawan Singh & Shri Girish Agrawal

801A(8) market value means (1) the price that such goods or services would ordinarily fetch in the open market", what is to be seen and tested with comparable is the price that the electricity generated by the eligible unit would ordinarily fetch in the open market if sold and not the rate at which non-eligible unit could procure

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

Appeal is dismissed

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 u/s. 80IA of the Act of Rs. 48,79,600/- disallowed on account of common expenses relying on the decision

MAHINDRA & MAHINDRA LTD,MUMBAI vs. ADDL CIT RG 2(2), MUMBAI

In the result, appeal by the assessee is partly allowed

Bench: Shri Shamim Yahya & Shri Ram Lal Negi

801A(10) r.w. provision of Section 80IC(7) are applicable in this case and the assessee has shown excessive than normal profits in Rudrapur unit. 46. The AO has examined the unit wise accounts and found that Rudrapur unit has net profit margin of 20.80% whereas the company has overall profit margin of 7.75%, if income from other sources

DCIT CENT. CIR -8(1) , MUMBAI vs. M/S. ALLCARGO LOGISTIC LTD, MUMBAI

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

Bench: Shri Baskaran Br & Shir Pavan Kumar Gadaledcit C.Cir 8(1), Vs. All Cargo Logistic Ltd Room No. 656, 6Th Floor, 6Th Floor, Avvashya Aayakar Bhavan, House, Cst Road, Mk Road, Kalina, Santacruz (E), Mumbai – 400020. Mumbai – 400098. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacca2894D Appellant .. Respondent Appellant By : Mr.Manoj Kumar Sinha.Dr Respondent By : Mr.Madhur Agrawal, Mr Fenil Bhatt & Mr. Chimanlal Dangi.Ar Date Of Hearing 10.01.2023 Date Of Pronouncement 20.02.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-50, Mumbai, Passed U/S 250 Of The Act. The Revenue Has Raised The Fallowing Grounds Of Appeal:

801A(4)(i) of the Act is with reference to the transferee enterprise and not with reference to the transferor enterprise and the same is evident as said words "on its behalf" have been used after the words "...such infrastructure facility (hereafter referred to in this section as the transferor enterprise) to another enterprise (hereafter in this section referred