AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2025 (11) TMI 1147
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....n to same assessee and involve common issues, they were heard together and are disposed of by this common order for the sake of convenience and brevity. 3. Representatives of both the sides were heard at length. Case records carefully perused. Relevant documentary evidence brought on record duly considered in light of Rule 18(6) of the ITAT Rules. 4. At the very outset, the ld. counsel for the assessee vehemently submitted that ground 1 with respect to the issue of eligibility of benefit u/s 10AA of the Income-tax Act, 1961 [the Act, for short] in all the A. Ys under consideration is squarely covered in favor of the assessee and against the Revenue by the decision of the co-ordinate bench in assessee's own case in earlier assessme....
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.... 4.12. It is pertinent to mention that as per the provisions of sub-section (4)(iii) of section 10AA unit should not formed by the transfer to a new business of machinery or plant previously used for any purposes. But in the instant case as per note 2.24 of the Audited Financials the asset (computed) of value of Rs.40,72,127/- were transferred to the assessee company from an existing business of a company named AXA Business service Ltd. Thus, it is clear that the assessee company violated the conditions laid down for claiming deduction u/s 10AA. 5.4. The AO is of the view that fixed assets valuing to Rs. 40,72,127/- were transferred to the appellant from an existing Page | 4 business entity- M/s AXA Business Service Ltd. The ....
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....tification of compliance of all the conditions laid down for this purpose. In response to the same the assessee has submitted its reply vide letter dated 28.03.2016 stated that. "The assessee company fulfills all the requisite conditions mentioned under section 10AA of the Act for the purpose of claiming exemption. Sub-section (4) to section 10AA list out following conditions to be eligible to claim exemption. Clause of section 10AA(4) Summary of section Our submissions Reference It has begun to provide services during the previous year relevant to the assessment year commencing on or after April, 01 2006 in any SEZ The assessee company has begun its operations during the year under consideration from....
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....en then the value would be lower than 50%. This finding is not controverted by the Revenue. Therefore, we do not find any merit in the appeal of the Revenue, the same is hereby dismissed. Grounds raised by the Revenue are accordingly, dismissed. 9. In the result, the appeal of the Revenue is dismissed." "8. In view of the finding of Ld. CIT(A), even if it is assumed that existing plant & machinery was used at Chennai SEZ or Commercial SEZ even then the value would be lower than 50%. This finding is not controverted by the Revenue. Therefore, we do not find any merit in the appeal of the Revenue, the same is hereby dismissed. Grounds raised by the Revenue are accordingly, dismissed. 9. In the result, the appeal of ....
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....n the decision of ITAT Delhi "B" Bench in the case of Cheil India (P.) Ltd. Vs. Deputy Commissioner of Income-tax ITA NO. 29 (Delhi) OF 2024[A.Y - 2020-21] Dated 28/10/2024. 11. Per contra, the ld DR relied heavily on the orders of the AO. 12. We have heard the rival submissions and have perused the relevant material on record. We find that the issue of allowability of CSR expense as donation u/s 80G is squarely covered in favour of the assessee and against the Revenue by the order of the co-ordinate bench. There are however, certain conditions enumerated in section 80G of the Act which are to be fulfilled before deduction are claimed and allowed. The co- ordinate Delhi bench in ITA No. 5643/DEL/2010 order dated 22.04.2019, in the cas....