2016) 383 ITR 490 (Kar); HDFC Bank Ltd Vs. DCIT & Others (2016) 383 ITR 529 (Bom); CIT v. Modi Rubber Ltd.

372 ITR 425High Court2015#20766 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2019.

Judgments citing 2016) 383 ITR 490 (Kar); HDFC Bank Ltd Vs. DCIT & Others (2016) 383 ITR 529 (Bom); CIT v. Modi Rubber Ltd.

ACIT, NEW DELHI vs. M/S. GODAVARI SHILPKALA HOSPITALITY PVT. LTD., NEW DELHI

In the result, the appeal filed by the Revenue is therefore dismissed

ITA 4249/DEL/2016[2012-13]Status: DisposedITAT Delhi28 Aug 2019AY 2012-13

Bench: Shri Prashant Maharishi & Shri K. Narasimha Chary

For Appellant: Shri Amit Katoch, Senior DRFor Respondent: Shri Ajay Wadhwa, Advocate

Section 14ASection 194Section 37(1)

…on’ble Apex Court in Taparia Tools Ltd. vs. JCIT – (2015) 372 ITR 605 held that an expense which is revenue in nature can be claimed as deduction 4 ITA No.4249/Del./2016 u/s 37(1) of the Act regardless of the treatment given by the assessee in their (2015) 372 ITR 425; CIT vs. Modi Industries (1993) 200 ITR 341 (Delhi); CIT vs. Relaxo Footwears Ltd. (2007) 293 ITR 231 (Delhi); Jay Engineering Works Ltd. vs. CIT (2007) 212 CTR 562 (Delhi); and CIT vs. Gaja Advisors (P.) Ltd. (2014) 367 ITR 726 (Delhi), ld. CIT (A) held that since the facts are covered by these judgments, assessee is entitled to relief and accor…

SHRI SAMEER SUNEJA,NEW DELHI vs. ACIT, NEW DELHI

ITA 190/DEL/2017[2013-14]Status: DisposedITAT Delhi14 Jun 2019AY 2013-14

Bench: Hon’Ble, Shri G.D. Agrawal & Shri Kuldip Singh

For Appellant: Shri K.V.S. Gupta, AdvocateFor Respondent: Shri Surender Pal, Senior DR

Section 28Section 36(1)Section 36(1)(iii)Section 37

…i Tribunal); CIT VS. Abhishek Industries Ltd. (2016) 380 ITR 652 (P&H); CIT Vs. Micro Labs Ltd. (2016) 383 ITR 490 (Kar); HDFC Bank Ltd Vs. DCIT & Others (2016) 383 ITR 529 (Bom); CIT VS. Modi Rubber Ltd (2015) 378 ITR 128 (Delhi); CIT Vs. SRF Ltd. (2015) 372 ITR 425 (Delhi); Siemens Nixdorf Information Systems GmbH Vs. DDIT (Int'l Taxation) 2(1)(Mum) [2016] 158 ITD 480 (Mumbai-Trib.); Godrej & Boyce Manufacturing Co. Ltd (2017) 394 ITR 117 and CIT Vs. Max India Ltd. (2016) 388 ITR 81 (P&H). 6 ITA No.2581/Del./2016 8. However, on the other hand, ld. DR for the Revenue contended inter alia that proviso…

ITO, GURGAON vs. M/S KEC-DELCO-VARAHA (JV), GURGAON

In the result, the appeals of the department are dismissed

ITA 2327/DEL/2016[2011-12]Status: DisposedITAT Delhi18 Sept 2018AY 2011-12

Bench: Sh. R.K. Panda & Ms. Suchitra Kambleassessment Year: 2011-12

Section 40Section 40A

…in the case of JV of such kind Section 40A (2) is not 4 applicable. There are other judicial findings in this regard arriving at the same conclusion which are reported as CIT vs. OSE Pvt. Ltd. 374 ITR 35 (Delhi) High Court and CIT vs. SMSL UANRCL (JV) (2015) 372 ITR 425 Bombay. In all the above cases, it has been held that where the constituent participants make a JV to secure a contract, which is merely a pass through entity with minimal expenses, no tax liability can be attributed by holding the subject entity as AOP. (iii) No net profit on % basis can be taxed as has been down in this case. In consideration…

COMMISSIONER OF INCOME TAX,DELHI vs. M/S SONA STEERING SYSTEMS LTD.

ITA/160/2001HC Delhi13 Jul 2016

Bench: HON'BLE MS. JUSTICE SUNITA GUPTA,HON'BLE MR. JUSTICE SANJIV KHANNA

…revenue expenditure has attained finality. It is this decision that has been followed by the ITAT for AYs 1992-93, 1993-94 and 1995-96. Further the decisions of this Court in Jay Engineering Works Ltd. v. CIT (2009) 311 ITR 405 (Delhi), CIT v. SRF (2015) 372 ITR 425 (Delhi) and as well as CIT v. Monnet Industries Ltd (2011) 332 ITR 627 (Delhi) which was later affirmed by the Supreme Court in CIT v. Monnet Industries Ltd. (2013) 350 ITR 304 (SC) support the case of the Assessee in this regard. 4. Consequently, the said question, which has been framed for the said three AYs 1992-93, 1993-94 and 1995-96,…