2015 (5) TMI 186 - ITAT DELHI
DCIT, Circle 6(1), New Delhi Versus Messe Dusseldorf India (P) Ltd.
Claim of brought forward of unabsorbed depreciation - change in shareholding - applicability of restriction u/s 79 - Carry forward losses already exhausted - Held that - Assessee is not carrying forward and setting off any loss but has unabsorbed dep.....
2015 (3) TMI 535 - ITAT BANGALORE
Dy. Commissioner of Income Tax, Circle 12(4), Bangalore. Versus M/s. Tejas Networks Limited
Product Development Expenditure disallowed - CIT(A) sustained the disallowance as the expenditure resulted in the acquisition of rights in or arising out of scientific research - Held that - The expenditure that is sought to be excluded u/s.43(4)(ii).....
2014 (12) TMI 600 - ITAT DELHI
Yum Restaurants (India) Pvt. Ltd. Versus ITO Ward-18(4), New Delhi
Transfer pricing adjustment - Disallowance of excessive AMP expenses - Advertisement Marketing and Sales Promotion - assessee has a license arrangement with YRAPL for operation of various KFC and PH outlets in India Held that - In LG. Electronics Ind.....
2015 (1) TMI 826 - GUJARAT HIGH COURT
DY. CIT. (ASSTT.) Versus CHEMSTAR ORGANICS (INDIA) PVT. LTD.
Set off of business losses - selection of effective date of amalgamation - Held that - In view of the provisions Section 79 of the Income Tax Act, we are of the considered opinion that the Tribunal was right in confirming the order of the CIT(A)to al.....
2013 (8) TMI 409 - ITAT AHMEDABAD
GE India Industrial Pvt. Versus Deputy Commission Income-tax
Allowance of carry forward of loss on account of provisions of section 79 of the Income Tax Act Held that - Issue of carry forward would depend upon the finality of order for earlier years as it would have bearing on the year under appeal Issue is re.....
2013 (1) TMI 187 - DELHI HIGH COURT
COMMISSIONER OF INCOME TAX Versus SELECT HOLIDAY RESORTS PVT LTD.
Disallowance u/s 14A - assessee contested that as almost 99 of the assessee s income and activity pertains to tax free income/interest generated in these circumstances the quantum of disallowance i.e. 33 of the total expense was inadequate - Held tha.....
2012 (8) TMI 804 - DELHI HIGH COURT
CIT Versus S NET FREIGHT INDIA PVT LTD
Entitlement to carry forward losses from the previous year 2001-02 and 2002-03 u/s 79 - whether the company-investors came within the description of those owning not less than 51 of the voting power beneficially through the two individual shareholder.....
2012 (11) TMI 623 - ITAT AGRA
Peoples Heritage Hospital Ltd. Versus Deputy Commissioner of Income-tax, Circle 1(4), Agra
Set off & Carry forward business loss - change in share holding - inclusion of share application money for determination of percentage of share holding - Held that - Share holding of the Company has changed by more than 51 and management and cont.....
2012 (8) TMI 557 - ITAT, MUMBAI
M/s. Tata Petrodyne Ltd., Versus The Assistant Commissioner of Income Tax, Range-16,
Brought forward business loss - benefit denied applying provisions of S79 - change in shareholding - Held that - Perusal of records shows that the shares of the Tata Industries Ltd. have been transferred to Tata Power Co. Ltd. Both the companies are .....
2012 (8) TMI 771 - ITAT, PUNE
M/s. Copper Semis Pvt. Ltd., Versus Income Tax Officer, Ward 2(3), Nashik
Set off of brought forward business loss and unabsorbed depreciation - denial - invocation of provisions of Section 79 - change in shareholding - shares of the company carrying more than 51 of the voting power were beneficially held by the new shareh.....
2012 (6) TMI 211 - ITAT MUMBAI
Tainwala Trading and Investments Co. Ltd. Versus Assistant Commissioner of Income-tax, OSD-8
Set off of business loss - denial on ground of change in shareholding of the company - losses of AY 98-99 purported to set off against income of AY 2006-07 - assessee contended that A.O. was not competent to forbid the set off of the brought toward b.....
2012 (3) TMI 56 - ITAT JAIPUR
Income Tax Officer, Versus M/s. Dechem Plastic
Business Income Set off against Brought forward loss - Change in shareholding pattern loss not allowed - Held That - Share transfer by uncle to nephew is not covered by proviso to Section 79, AO justified in not allowing the set of of less of Rs.2,52.....
2011 (10) TMI 46 - ITAT, Delhi
Income Tax Officer Versus M/s. S-Net Freight (India) P. Ltd.
Temporary erection had been done in the office premises taken on lease - Depreciation on leasehold building - CIT(A) directed the AO to allow 100 depreciation - Transfer of shares - Applicability of section 79 - Held that - In the present case, as ob.....
2011 (8) TMI 620 - ITAT DELHI
Wrigley India (P.) Ltd. Versus Additional Commissioner of Income-tax, Range 18
Deduction u/s 80IB - applicability of Eleventh Schedule - held that - With regard to revenue s claim that assessee is producing articles or things specified in Eleventh Schedule, we hold that units set up in backward states specified in Eighth Schedu.....
2011 (5) TMI 589 - ITAT, MUMBAI
Meredith Traders (P.) Ltd. Versus Income-tax Officer, 2(2) (3)
Carry forward and set off of losses - Revision - Rectification of mistakes - Held that - If it is a company in which the public are not substantially interested, then section 79 would apply - Although the assessee company was originally registered as.....