2015 (10) TMI 2486

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....pondent: Mr. Ved Jain with Mr. Pranjal Srivastava, Advocates. ORDER Dr. S. Muralidhar, J. 1. These two appeals by the Revenue under Section 260A of the Income Tax Act, 1961 ('Act') are directed against the common order dated 12th February 2015 in ITA Nos. 236/Del/2013 and 883/Del/2013 for the Assessment Year ('AY') 2009-10. 2. The brief facts leading to the filing of the present appeal....

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....e 'brand' and hence, was not eligible for deduction; (ii) profit to the extent of 5% of the total turnover of the Assessee was attributed to the past experience, expertise and knowledge, etc. of the related and connected persons and not to the eligible unit; and (iii) only 12% of the remaining income, after making adjustments, was to be considered as eligible for deduction under Section 80-IC of t....

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.... (i) for the preceding AY 2008-09 also the reduction attributable to the brand had been restricted to 10% by the AO and had been deleted by the ITAT. In the absence of any distinguishing feature having been brought out by the Revenue, the ITAT held that no deduction could be made from the eligible profits on account of the 'brand'. 6. As regards issue (ii), the ITAT approved the view of....

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....ssessee can include the name of its branches and head office (i.e., other than the Haridwar Unit) for the purpose of deduction under Section 80-IC. The Court also issued notice in the companion ITA No. 628 of 2015 and directed it to be listed along with ITA 540 of 2015. 8. This Court has heard the submissions of learned counsel for the parties. Learned counsel for the Assessee placed before the....