DCIT-2(3), MUMBAI vs. M/S. ZENSAR TECHNOLOGIES LTD., MUMBAI

In the result, the appeal is partly allowed

Bench: Amit Shukla () & Ms. Padmavathy S. ()

80A clearly states that in computing the total income of an assessee, there shall be allowed from his “gross total income”, the deductions specified in sections 80C to 80U. We are, therefore, of the considered view that the ratio laid down by the Hon’ble Supreme Court in Reliance Energy (supra) is clearly applicable to Assessee’s case also

ACIT CC-6(1), MUMBAI, BKC, MUMBAI vs. PRISM JOHNSON LIMITED , MUMBAI

In the result, appeal of the revenue is dismissed

68,50,208/-. Adding same to the total\nrevenue to be charged for railway freight Rs.6,11,22,022/-. The AO\ncomputed the total revenue at Rs.10,79,72,230/- and the deduction u/s\n80IA of the Act was computed thereof.\n12. The assessee strongly contested this before the ld. CIT(A) and\nreiterated its claim of deduction on cost

DCIT-3(2)(1), MUMBAI vs. SYNTEL PRIVATE LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2016-17 Dcit-3(2)(1), Syntel Private Limited, Room No. 608, 6Th Floor, Unit No. 112 Sdf Iv, Seepz Aayakar Bhavan, M.K. Road, Vs. Andheri East Mumbai-400096. Mumbai-400020. Pan No. Aaacs 8305 D Appellant Respondent

80A(5) and this deduction is allowable subject to satisfaction of conditions mentioned in provisions of section 10AA. to satisfaction of conditions mentioned in provisions of section 10AA. to satisfaction of conditions mentioned in provisions of section 10AA. 2. Briefly stated, facts of the case are that the assessee is a Briefly stated, facts of the case

M/S. LAXMI ORGANIC INDUSTRIES LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2)(1), MUMBAI

In the result, appeal of the assessee is partly allowed

80A(6), there is, in effect, no change in the\nlegal position so far as the transfer price of the electricity from eligible\nunits to ineligible units is concerned since the connotations of 'arm's\nlength price of the electricity inherently include market price of the\nelectricity, and the 'market price of the electricity has been conclusively\ndefined

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

In the result, the ITA No

section 35(2AB) in respect of research and development expenditure by observing as follows: ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 2014-15 & 2015-16 Page 33 of 105 21.1 On perusal of the computation of income statement, it is seen that during the year under consideration the assesse company has claimed weighted deduction under section

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

In the result, the ITA No

section 35(2AB) in respect of research and development expenditure by observing as follows: ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 2014-15 & 2015-16 Page 33 of 105 21.1 On perusal of the computation of income statement, it is seen that during the year under consideration the assesse company has claimed weighted deduction under section

RELIANCE INDUSTRIES LIMITED,MUMBAI vs. ACIT , MUMBAI

In the result, the ITA No

section 35(2AB) in respect of research and development expenditure by observing as follows: ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 2014-15 & 2015-16 Page 33 of 105 21.1 On perusal of the computation of income statement, it is seen that during the year under consideration the assesse company has claimed weighted deduction under section

M/S. INDAGRO FOODS LTD.,MUMBAI vs. ACIT - (OSD) 2(1), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Shri N.K. Pradhan

80A(2) in part A of Chapter VI-A, the aggregate amount of deduction allowed under Chapter VI-A shall not exceed the gross total income. Thus, the overall deduction allowed under Chapter VI-A cannot exceed the gross total income. However, on noticing that several under- takings were availing deductions under Chapter VI-A within the overall limit

ASST CIT CIR 23, MUMBAI vs. OBEROI REALITY LTD, MUMBAI

Appeal of the Revenue is dismissed and cross- objection of filed by the assessee is allowed

Bench: Shri G.S.Pannu & Shri Pawan Singhthe Asstt. Commissioner Of Income Tax,Cir.23, Room No.409, 4Th Floor, Aaykar Bhavan, Mk Road, Mumbai 400 002 ... Appellant

80A did not provide for any such restriction and allowed the claim of the assessee for deduction u/s 80-O of the Act to the extent of gross total income. The Hon’ble Bombay High Court affirmed the view of the Tribunal by specifically noting the definition of ‘gross total income’ contained

ASST CIT (LTU) 2, MUMBAI vs. RELIANCE INDUSTRIES LTD, MUMBAI

Bench: S/Shri B.R.Baskaran (Am) & Amarjit Singh (Jm)

sections, the same profits shall not be allowed as a deduction under any other provision of this Act for the same assessment year and that in any case the deduction shall not exceed the profits and gains of the eligible undertaking or unit or enterprise or business, as the case may be. Even if Section 10A/Section

ACIT 7(2)(2), MUMBAI vs. NIYANAND INRASTRUCTURE LTD, MUMBAI

In the result, the appeal of the Revenue as well as Cross

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Acit, 7(2)(2), R. No. 623, 6 Th Nityanand Infrastructure Floor, Aayakar Bhavan, M.K. Ltd., Opp Abhudaya Nagar Vs. Rd, Mumbai Post Office, G.D. Ambedkar Marg, Mumbai -400033 (Appellant) .. Respondent) स्थायी लेखा िं./Pan No. Aaacn1981E Co No. 266/Mum/2018 (Arising In Ita No. 2255/Mum/2017 For Ay 2009-10) Nityanand Infrastructure Ltd., Acit, 7(2)(2), R. No. 623, 6Th Floor, Aayakar Bhavan, Opp Abhudaya Nagar Post Vs. Office, G.D. Ambedkar Marg, M.K. Rd, Mumbai Mumbai -400033 (Appellant) .. Respondent) अपीलाथी की ओर े / Appellant By : Sh. Vachashpati Tripathi, Dr प्रत्यथी की ओर े / Respondent By : Sh. Dr. K. Shivram, Sr. Adv Sh. Rahul K. Hakani, ुनवाई की तारीख / Date Of Hearing: 01-07-2019 घोषणा की तारीख / Date Of Pronouncement : 19-07-2019

68 of the Act for making this addition of the sum of ₹ 2,95,10,000/-. Aggrieved assessee preferred appeal before the CIT(A). 5 CO No. 266/Mum/2018 7. The CIT(A) confirmed the assumption of jurisdiction by the AO on reopening under section 147 read with section 148 of the Act but deleted the additions on merits

M/S. AMEYA BUILDERS & PROPERTY DEVELOPERS,MUMBAI vs. ASSTT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3, THANE

80A(5) of the Act the benefit of enhanced deduction u/s 80IB(10) is not permitted if the assessee fails to make a claim in its return of income for any deduction. 5. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has failed to consider the decision

ASSTT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3, THANE vs. M/S. AMEYA BUILDERS & PROPERTY DEVELOPERS, MUMBAI

80A(5) of the Act the benefit of enhanced deduction u/s 80IB(10) is not permitted if the assessee fails to make a claim in its return of income for any deduction. 5. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has failed to consider the decision

THE TATA POWER CO. LTD,MUMBAI vs. ITO RG 2(1)(1), MUMBAI

In the result, the appeal filed by the assessee company in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3078/Mum/2009 ("नधा"रण वष" / Assessment Year : 2002-03) The Tata Power Co. Ltd, The Asst. Commissioner Of बनाम/ Corporate Center, Block ‘B, Income Tax- Circle V. 5 Th Floor, 2(3),Aayakar Bhavan, 34, Sant Tukaram Road, Maharshi Karve Road, Carnac Bunder, Mumbai – 400 020. Mumbai – 400 009. "थायी लेखा सं./Pan : Aaact0054A (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

68,25,97,659/- was granted u/s 80IA of the Act , which included a deduction of Rs. 20,39,98,805/- u/s 80IA of the Act in respect of Jojobera 67.5 MW power generating unit. The difference between the amount of deduction claimed in respect of Jojobera 67.5 MW power generating undertaking

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

section existed upto 31-3-1988 and was deleted thereafter): "(iia) in the case of any new machinery or plant (other than ships and aircraft) which has been installed after the 31st day of March, 1980 but before the 1st day of April, 1985, a further sum equal to one-half of the amount admissible under clause (ii) (exclusive

ACC LIMITED (FORMERLY KNOWN AS THE ASSOCIATED CEMENT COMPANIES LTD.),MUMBAI vs. ADDLL. CIT ,RG. 1(1), MUMBAI

In the result, appeal filed by assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

section existed upto 31-3-1988 and was deleted thereafter): "(iia) in the case of any new machinery or plant (other than ships and aircraft) which has been installed after the 31st day of March, 1980 but before the 1st day of April, 1985, a further sum equal to one-half of the amount admissible under clause (ii) (exclusive

KBS CREATION LTD ,MUMBAI vs. DY COMM. OF INCOME TAX -CIRCLE 24(1), MUMBAI

In the result, the concise ground of appeal of the assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

68,810/- instead of assessed income of INR 56,80,38,778/-. The appellant craves leave to add, alter, vary, omit, substitute or amend the above ground of appeal at any time before or at the time of hearing of the appeal, so as to enable the learned Commissioner (Appeals) to decide the appals according to law. The appellant craves

ACIT 2(3), MUMBAI vs. TECH MAHINDRA ( R &D SERVICES) LTD (NOW MERGED WITH TECH MAHINDRA LTD), MUMBAI

The appeal of the assessee is allowed

80A(1) stipulates that in computing the total income of an assessee, there shall be allowed from his gross total income, in accordance with and subject to the provisions of the Chapter, the deductions specified in sections 80C to 80U . Section 80B(5) defines for the purposes of Chapter VI-A “gross total income” to mean the total