CIT v. Asahi India Safety Glass Ltd.

Commissioner of Income Tax-V vs. M/S New Delhi Telvision ;Ltd

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

…ture as held by the AO or revenue expenditure as pleaded by the Assessee and accepted by the ITAT? 10. The ITAT has in the impugned order placed reliance on the decision of ITA 366 & 367/2016 3 of 4 this Court in CIT v. Asahi India Safety Glass Ltd. (2011) 245 CTR 529. The Revenue has made a reference to the Special Leave Petition (SLP) filed by the Revenue against the said order. Learned counsel for the Assessee has handed over a copy of the order dated 5^*^ July, 2012 passed by the Supreme Court in CIT-I, New Delhi v. Asahi India Safety Glass Ltd., dismissing the Revenue's SLP filed against the aforementione…

Commissioner of Income Tax-V vs. M/S New Delhi Television Ltd

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

…ture as held by the AO or revenue expenditure as pleaded by the Assessee and accepted by the ITAT? 10. The ITAT has in the impugned order placed reliance on the decision of ITA 366 & 367/2016 3 of 4 this Court in CIT v. Asahi India Safety Glass Ltd. (2011) 245 CTR 529. The Revenue has made a reference to the Special Leave Petition (SLP) filed by the Revenue against the said order. Learned counsel for the Assessee has handed over a copy of the order dated 5^*^ July, 2012 passed by the Supreme Court in CIT-I, New Delhi v. Asahi India Safety Glass Ltd., dismissing the Revenue's SLP filed against the aforementione…

M/S. Honda Cars India Ltd., Uttar Pradesh vs. DCIT (Ltu), New Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Shri I.C. Sudhir & Shri J. Sudhakar Reddyassessment Year : 2009-10

…ital nature. It was further held in that case that in case of expenditure on website, there is no change in fixed assets of the assessee. Reliance was also placed on the judgement of Hon'ble Delhi High Court in the case of CIT vs Asahi India Safety Glass Ltd. 245 CTR 529 wherein it was held that expenditure incurred on application software was allowable revenue deduction. The Ld. CIT(A) on the basis of above submissions held as under :- “I have carefully considered the submissions of the appellant and perused the order of the AO in the light of the evidences placed on record, which show that this issue was involv…

Ge Capital Services India vs. Addl CIT Range 2

In the result, the appeals of the assessee and Revenue are partly allowed for

Bench: Smt Diva Singh & Sh.L.P.Sahu

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘C’ NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.L.P.SAHU, ACCOUNTANT MEMBER I.T.A .No.-2808/Del/2007 (ASSESSMENT YEAR-2001-02) DCIT, vs M/s G.E. Capital Services India, Circle-12(1), AIFACS Building, 1, Rafi Marg, New Delhi New Delhi-110001.. (Appellant) (Respondent) I.T.A .No.-2898/Del/2007 (ASSESSMENT YEAR-2001-02) M/s G.E. Capital Services India, vs ACIT, AIFACS Building, 1, Rafi Marg, Range-12, New Delhi-110001. C.R.Building, New Delhi (Appellant) (Respondent) Appellant by Sh.S.Sabharwal, Sr.Adv.& Sh. Rahul Sateeja, Adv. Respondent by Sh. A…

DCIT Circle 12 (1) vs. G.E. Capital Services India

In the result, the appeals of the assessee and Revenue are partly allowed for

Bench: Smt Diva Singh & Sh.L.P.Sahu

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘C’ NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.L.P.SAHU, ACCOUNTANT MEMBER I.T.A .No.-2808/Del/2007 (ASSESSMENT YEAR-2001-02) DCIT, vs M/s G.E. Capital Services India, Circle-12(1), AIFACS Building, 1, Rafi Marg, New Delhi New Delhi-110001.. (Appellant) (Respondent) I.T.A .No.-2898/Del/2007 (ASSESSMENT YEAR-2001-02) M/s G.E. Capital Services India, vs ACIT, AIFACS Building, 1, Rafi Marg, Range-12, New Delhi-110001. C.R.Building, New Delhi (Appellant) (Respondent) Appellant by Sh.S.Sabharwal, Sr.Adv.& Sh. Rahul Sateeja, Adv. Respondent by Sh. A…

ACIT, New Delhi vs. M/S. Ge Capital Business Process Management Services Pvt. Ltd., New Delhi

In the result, the appeal of the assessee is allowed and that of Revenue is dismissed

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH ‘C’ NEW DELHI BEFORE : SHRI I.C. SUDHIR, JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA No. 2806/Del./2011 Asstt. Year : 2007-08 GE Capital Business Process vs. A.C.I.T., Circle 12(1), Management Serves Pvt. Ltd., New Delhi. AIF ACS Building, 1, Rafi Marg, New Delhi. [PAN: AABCG 0222E] ITA No. 2124/Del./2013 Asstt. Year : 2008-09 A.C.I.T., Circle 12(1), vs. GE Capital Business Process New Delhi. Management Serves Pvt. Ltd., IF ACS Building, 1, Rafi Marg, New Delhi. (Appellant) (Respondent) Assessee by : Shri Sanjeev Sabharwal, Sr. Adv. Revenue by : Shri…

CIT vs. Bharti Infotel Ltd

…XXX XXX The first issue, in our opinion , has been considered and decided against the Revenue in a judgment delivered by us passed in ITA Nos.1110 of 2006 and 1111 of 2006 titled CIT v. Asahi India Safety Glass Ltd. – since reported in (2012) 346 ITR 329 (Delhi). 9. It is contended that the decision in Amway (supra) was disapproved and impliedly overruled in CIT v. Asahi India Safety Glass Ltd., ITA No.1110/2006, decided on 4.11.2011. In a subsequent decision, Amway India Enterprises (supra) itself was disapproved and over ruled. 10. In the light of the above development, the questio…

CIT vs. Bharti Infotel Ltd

…XXX XXX The first issue, in our opinion , has been considered and decided against the Revenue in a judgment delivered by us passed in ITA Nos.1110 of 2006 and 1111 of 2006 titled CIT v. Asahi India Safety Glass Ltd. – since reported in (2012) 346 ITR 329 (Delhi). 9. It is contended that the decision in Amway (supra) was disapproved and impliedly overruled in CIT v. Asahi India Safety Glass Ltd., ITA No.1110/2006, decided on 4.11.2011. In a subsequent decision, Amway India Enterprises (supra) itself was disapproved and over ruled. 10. In the light of the above development, the questio…

CIT vs. Bharti Telenet Ltd

…XXX XXX The first issue, in our opinion , has been considered and decided against the Revenue in a judgment delivered by us passed in ITA Nos.1110 of 2006 and 1111 of 2006 titled CIT v. Asahi India Safety Glass Ltd. – since reported in (2012) 346 ITR 329 (Delhi). 9. It is contended that the decision in Amway (supra) was disapproved and impliedly overruled in CIT v. Asahi India Safety Glass Ltd., ITA No.1110/2006, decided on 4.11.2011. In a subsequent decision, Amway India Enterprises (supra) itself was disapproved and over ruled. 10. In the light of the above development, the questio…

CIT I vs. Acl Wireless Ltd

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…revenue in nature and set aside the findings of the Assessing Officer and CIT (Appeals) that these expenses were capital in nature. 11. The ITAT relied on the decision of the Delhi High Court in the case of CIT VS. ASAHI INDIA SAFETY GLASS LTD. (2012) 346 ITR 329 (DEL.) The Delhi High Court relying on various judgments including decisions of the Supreme Court held as under:- “……the test of enduring benefit is not a certain or a conclusive test which the courts can apply almost by rote. What is required to be seen is the real intent and purpose of the expenditure ===========================…

Oracle Software India Ltd vs. Commissioner of Income Tax Del

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…