M/S. ATUL PROJECTS INDIA PVT LTD.,,MUMBAI vs. DCIT- 9(1)(2), ( NOW JURIDICTION WITH DC CC-2(4), MUMBAI

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Disallowance of deduction under section 80IB(10): 20. The assessee has developed a building in SRA project named “Blue Mountain”. The profits of the project have been offered to tax from Assessment Year 2013-14 onwards based on sale of flats in the respective assessment years. During the course of assessment proceedings, the Assessing Officer noticed that the assessee

M/S. ATUL PROJECTS INDIA PVT LTD.,,MIMBAI vs. DCIT- 9(1)(2), ( NOW JURIDICTION WITH DC CC-2(4), MUMBAI

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Disallowance of deduction under section 80IB(10): 20. The assessee has developed a building in SRA project named “Blue Mountain”. The profits of the project have been offered to tax from Assessment Year 2013-14 onwards based on sale of flats in the respective assessment years. During the course of assessment proceedings, the Assessing Officer noticed that the assessee

M/S. ATUL PROJECTS INDIA PVT LTD.,,MUMBAI vs. DCIT- 9(1)(2), ( NOW JURIDICTION WITH DC CC-2(4), MUMBAI

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Disallowance of deduction under section 80IB(10): 20. The assessee has developed a building in SRA project named “Blue Mountain”. The profits of the project have been offered to tax from Assessment Year 2013-14 onwards based on sale of flats in the respective assessment years. During the course of assessment proceedings, the Assessing Officer noticed that the assessee

M/S. ATUL PROJECTS INDIA P LTD,MUMBAI vs. DCIT- 9(1)(2) (NOW JURIDICTION WITH DC CC 2(4)), MUMBAI

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Disallowance of deduction under section 80IB(10): 20. The assessee has developed a building in SRA project named “Blue Mountain”. The profits of the project have been offered to tax from Assessment Year 2013-14 onwards based on sale of flats in the respective assessment years. During the course of assessment proceedings, the Assessing Officer noticed that the assessee

INNO vs. OURCE SERVICES PRIVATE LIMITED,MUMBAIVS.DCIT, 14(1)(1), MUMBAI

In the result, the appeal of the assessee is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2021-22 Innovsource Services Pvt. Ltd., Dcit, 14(1)(1), 501, Jolly Board Tower 1, I-Think Aayakar Bhavan, Maharshi Karve Vs. Techno Campus Kanjurmarg-East, Road, New Marine Lines, Mumbai-400042. Churchgate, Mumbai-400020. Pan No. Aaeci 0979 D Appellant Respondent

2) of the Act. 5.5 It is correct that section 80JJAA is not a profit linked 5.5 It is correct that section 80JJAA is not a profit linked 5.5 It is correct that section 80JJAA is not a profit linked deduction and is linked with expenditure. The sections uses and is linked with expenditure. The sections uses and is linked

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

disallowance of deduction u/s 80IA of Rs.2.17.27.798/- made in the assessment order. Accordingly, Ground No 2 is hereby Allowed. 3.11. We further find that the similar issue had arose before this Tribunal in the case of Ambuja Cements Ltd vs. Addl. CIT in ITA No.2384 & 3475/Mum/2019 and 1241/Mum/2018

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

disallowance of deduction u/s 80IA of Rs.2.17.27.798/- made in the assessment order. Accordingly, Ground No 2 is hereby Allowed. 3.11. We further find that the similar issue had arose before this Tribunal in the case of Ambuja Cements Ltd vs. Addl. CIT in ITA No.2384 & 3475/Mum/2019 and 1241/Mum/2018

GEECEE VENTURES LIMITED ,MUMBAI vs. DCIT, CIRCLE 2(1)(1), MUMBAI

The appeal is allowed for statistical purposes

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

2) of the Act on 22/02/2019 was bad in law. In any case, no prejudice has been caused to the Revenue, since the CIT(A) has directed the Assessing Officer to verify the deduction claimed under Section 80IA of the Act and allow the same after examination. As regards claim of deduction under Section 80IA of the Act on merits

ACIT-2(1)(1), MUMBAI vs. GEECEE VENTURES LIMITED, MUMBAI

The appeal is allowed for statistical purposes

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

2) of the Act on 22/02/2019 was bad in law. In any case, no prejudice has been caused to the Revenue, since the CIT(A) has directed the Assessing Officer to verify the deduction claimed under Section 80IA of the Act and allow the same after examination. As regards claim of deduction under Section 80IA of the Act on merits

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

In the result, C.O. filed by assessee is\ndismissed as infructuous

2 of Section 9 states that every person, who has\nconstructed a Captive Generating Plant and maintains and operates such plant shall\nhave the right to open access for the purpose of carrying electricity from his Captive\nGenerating Plant to the destination of his use. Section 42 of the Act deals with\nduties of the distribution licensees and open access

STERLING COURT F WING CO OP HOUSING SOCIETY LIMITED ,MUMBAI vs. INCOME TAX OFFICER WARD 31(2)(1), MUMBAI

sections": [ "154", "143(1)", "80P(2)(d)", "80P", "139(1)", "80A(5)", "80AC", "80IA", "80IB", "80IAB", "80IC", "80ID", "80IE", "143(1)(a)(v)" ], "issues": "Whether the disallowance

DCIT (LTU)-1, MUMBAI vs. ADITYA BIRLA NUVO LTD, MUMBAI

disallowance of deduction u/s 80IA of Rs.2.17.27.798/- made in\nthe assessment order. Accordingly, Ground No 2 is hereby Allowed.\n16\nITA No. 5848 & 5935/Mum/2017\nAditya Birla Nuvo Limited\n3.11. We further find that the similar issue had arose before this Tribunal\nin the case of Ambuja Cements Ltd vs. Addl. CIT in ITA No.2384 &\n3475/Mum/2019 and 1241/Mum/2018

STERLING COURT F WING CO -OP. HOUSING SOCIETY LIMITED ,MUMBAI vs. INCOME TAX OFFICER WARD 31(2)(1), MUMBAI

Accordingly\nallowed, in terms of our aforesaid observations.\n16. In combined result, all the three appeals of assessee are allowed in terms\nof our aforesaid observations

2,66,556/-. Being aggrieved with such disallowance, assessee\npreferred to file an application for rectification under section 154 of the Act\nbefore the Jurisdictional AO (JAO), but JAO rejected the request of assessee\nvide order u/s 154 dated 28.04.2023, stating that there is no mistake apparent on\nrecord.\n5.\nAggrieved with the aforesaid rectification order, assessee preferred an\nappeal

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

2 of Section 9 states that every person, who has constructed a Captive Generating Plant and maintains and operates such plant shall have the right to open access for the purpose of carrying electricity from his Captive Generating Plant to the destination of his use. Section 42 of the Act deals with duties of the distribution licensees and open access

DCIT, CIRCLE-1, , KALYAN vs. M/S ASB INTERNATIONAL PVT LTD, MUMBAI

In the result the appeal of the revenue stand dismissed

Bench: Amarjit Singh & Shri Sandip Singh Karhaildcit, C-1,Kalyan Vs. M/S. Asb International 1St Floor, Mohan Plaza, Pvt. Ltd. Mayale Naar, E9, E44, Addl. Kalyan(W)- 421301 Ambernath, Industrial Area, Anand Nagar, Ambernath Thane-421506 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaaca8424F Appellant .. Respondent C.O. No. 65/Mum/2023 (A.Y. 2009-10)

80A and section 80AB which was in Chapter VI- A which do not appear in Chapter III. The fact that even after its recast, the relief has been retained in Chapter III indicates that the intention of Parliament it is to be regarded as an exemption and not a deduction. The Act of Parliament in consciously retaining this section

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ADDL.COMMR.OF INCOME TAX, SPL. RG.32, MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

2) and 120(4)(b) legal requirements as envisaged u/s. 120(1), 120(2) and 120(4)(b) legal requirements as envisaged u/s. 120(1), 120(2) and 120(4)(b) of the I.T. Act. were satisfied of the I.T. Act. were satisfied and jurisdiction was conferred on and jurisdiction was conferred on the Addl./Jt. CIT to exercise

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ACIT RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

2) and 120(4)(b) legal requirements as envisaged u/s. 120(1), 120(2) and 120(4)(b) legal requirements as envisaged u/s. 120(1), 120(2) and 120(4)(b) of the I.T. Act. were satisfied of the I.T. Act. were satisfied and jurisdiction was conferred on and jurisdiction was conferred on the Addl./Jt. CIT to exercise

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ACIT(OSD) RANGE 3(2), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

2) and 120(4)(b) legal requirements as envisaged u/s. 120(1), 120(2) and 120(4)(b) legal requirements as envisaged u/s. 120(1), 120(2) and 120(4)(b) of the I.T. Act. were satisfied of the I.T. Act. were satisfied and jurisdiction was conferred on and jurisdiction was conferred on the Addl./Jt. CIT to exercise