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Annexure XIV Continued… - Edelweiss

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SCPL has filed an appeal no. 1880/Mum-2010) dated March 10, ,2010 before the ITAT, Mumbai against the<br />

CIT Appeal, Mumbai order dated December 21, 2009. The CIT Appeals has upheld the additions made by the<br />

assessing officer i.e. ` 40 million of expenditure on technical know how; ` 9.09 million of depreciation<br />

disallowance; ` 4.63 million of expenditure on repair and maintenance on road and bridges treated as capital<br />

expenditure and ` 9.3 million expenditure on lease rent treated as prior period. SCPL was in appeal before the<br />

CIT Appeals against the assessment order dated December 27, 2006 passed by Deputy Commissioner of<br />

Income Tax, Circle 1(3), Mumbai.<br />

13. SCPL v. Deputy Commissioner of Income Tax, Circle 1(3), Mumbai before the ITAT for the A.Y. 2005-<br />

2006<br />

SCPL has filed an appeal no. 1881/Mum-2010 dated March 10,2010 before the ITAT, Mumbai against the CIT<br />

Appeals Mumbai order dated December 21, 2009 wherein the CIT Appeals upheld the additions ` 8.48 million<br />

being disallowance of depreciation, ` 4.82 million of expenditure on repair and maintenance on road and<br />

bridges treated as capital expenditure; ` 39.2 million disallowance of non-compete fee. SCPL was in appeal<br />

before CIT Appeals against the assessment order dated December 28,2007 passed by the Deputy<br />

Commissioner of Income Tax,Circle1(3), Mumbai. The amount involved in the appeal is ` 10.87 million<br />

which has already been adjusted against refunds due to SCPL. The appeal is currently pending before ITAT.<br />

14. SCPL v. Deputy Commissioner of Income Tax, Circle 1(3), Mumbai before the CIT Appeals for the<br />

A.Y. 2006-2007<br />

SCPL has filed an appeal dated January 13, 2009 before CIT Appeals – XXI, Mumbai against the assessment<br />

order dated December 24, 2008 passed by Assistant Commissioner of Income Tax – Circle 1(3), Mumbai<br />

wherein the assessing officer has disallowed ` 2.84 million being depreciation disallowance and ` 4.80 million<br />

of expenditure on repair and maintenance on road and bridges treated as capital expenditure. As a result of<br />

assessment order, a demand of ` 14.92 million was raised which has already been adjusted against refunds due<br />

to SCPL. The amount involved in the appeal is ` 14.92 million and matter is currently pending.<br />

15. SCPL v. Deputy Commissioner of Income Tax, Circle 1(3), Mumbai before the CIT Appeals for the<br />

A.Y. 2007-2008<br />

SCPL has filed an appeal dated January 14, 2010 before CIT (Appeals) – XXI, Mumbai against the assessment<br />

order dated December 14, 2009 passed by Assistant Commissioner of Income Tax – Circle 1(3), Mumbai<br />

where in the assessing officer has made disallowances i.e. ` 1.5 million towards donations; ` 1.95 million<br />

towards disallowance of depreciation; ` 4.71 million of expenditure on repair and maintenance on road and<br />

bridges treated as capital expenditure and ` 0.8 million towards late deposit of provident fund. As a result of<br />

assessment order, a demand of ` 0.89 million was raised, which has already been adjusted against refunds due<br />

to SCPL. The amount involved in the appeal is ` 0.89 million and matter is currently pending.<br />

16. Appeal before the Commissioner of Income Tax for the A.Y. 2008-09<br />

SCPL has filed an appeal dated January 17, 2011 before CIT Appeals – 2, Mumbai against the assessment<br />

order dated December 20, 2010 passed by Assistant Commissioner of Income Tax – Circle 1(3), Mumbai<br />

wherein the assessing officer has made disallowances i.e. ` 2.94 million of expenditure on repair and<br />

maintenance on road and bridges treated as capital expenditure; ` 0.86 million towards late deposit of<br />

provident fund, disallowance of depreciation of ` 3.1 million and ` 8.64 million towards expenditure paid for<br />

loading and under loading. The amount involved in the appeal is ` 2.60 million and the matter is currently<br />

pending.<br />

Service Tax<br />

Chief Commissioner Excise, Raipur (“CCE”) v. SCPL before CESTAT<br />

CCE filed an appeal no. ST/1281/2010-CU (DB) against the order dated March 11, 2010 passed by the<br />

Commissioner (Appeals), wherein the Commissioner (Appeals) dropped the service tax demand on SCPL for<br />

the period July to September 2006 and waived off the penalty amounting to 0.72 million imposed on SCPL<br />

under section 78 of the Finance Act. The appeal is currently pending before the CESTAT<br />

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