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Ppn Power Generating Company Private ... vs Commissioner Of Income Tax (Appeals) - ... on 3 September, 2020

9. The assessee in its appeal before the CIT[A] contended that the statutory auditors have not made any qualification in the audit report and the noting made in the audit report was misunderstood by the assessing officer to be a qualification by the statutory auditor. Further, the assessee relying on the decision of the Hon'ble Supreme Court in Appolo Tyres Vs. I.T.O., reported in [2002] TIOL - 185 - SC-IT questioned the power of the assessing officer with regard to the computation on book profits in so far as the accounts which are otherwise accepted under the Company Law.
Madras High Court Cites 17 - Cited by 0 - Full Document

Sangu Chakra Hotels Pvt Ltd., Trichy vs Dcit Circle 1, Trichy on 20 August, 2019

8. Ground No.3 challenges the action of the lower authorities by adding back the profits earned on exports and long term capital gains made on sale of land. In the light of the above finding confirming the methodology adopted by the Assessing Officer for computing the amount of exemption u/s.80HHD of the Act, there was :- 7 -: ITA No.2759/2017 no amount available for exemption u/s.80HHD of the Act. Accordingly, no amount can be claimed as deduction while computing book profits u/s.115JB of the Act. Similarly, as regards to the addition of long term capital gains made on sale of land to book profit, action of the lower authorities are supported by the decisions of Hon'ble Supreme Court in the case of Appollo Tyres (supra), Hon'ble Bombay High Court in the case of Veeekaylal Investment Company Pvt. Ltd. (supra) and Hon'ble Karnataka High Court in the case of B and B Infratech Ltd (supra). Accordingly, we do not find any merits in the ground of appeal No.3 raised by the assessee. Hence, ground of appeal No.3 stands dismissed.
Income Tax Appellate Tribunal - Chennai Cites 16 - Cited by 0 - Full Document

Harinagar Sugar Mills Ltd, Mumbai vs Assessee on 8 May, 2015

12. Before us, the Ld. A.R. of the assessee has brought our attention to the decision of the co-ordinate Bench of the Tribunal dated 23.01.2015 in the case of "Aaditya Birla Finance Ltd. Vs. ACIT" ITA No.6630/M/2010 wherein the Tribunal, while relying upon various other decisions of the Tribunal and adopting the same line, has restored the matter to the file of the AO observing that since the matter in the case of Exide Industries Ltd. (supra) was pending before the Hon'ble Supreme Court, the AO to adjudicate the issue afresh in the light of the decision of the Hon'ble Supreme Court as may come in the case of "Exide Industries Ltd." (supra).
Income Tax Appellate Tribunal - Mumbai Cites 8 - Cited by 0 - Full Document
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