CIT v. BSES Yamuna Power Ltd.

358 ITR 47High Court2013#1039 most cited
105

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. BSES Yamuna Power Ltd. · 358 ITR 47 · section 40(a)(ia) · section 194J · section 194I · TDS · depreciation on software · additional depreciation · section 115JB · section 147 reassessment · retrospective amendment · Delhi High Court

Sections most often in play

Section 143(3)Section 147Section 14ASection 115JBSection 148Section 195Section 37(1)Section 40(a)(ia)

Issues it is cited on

section 33acdepreciation on softwaresection 64section 194jsection 194isection 40a(ia)section 115jb(2)section 40a(2)(b)section 197first proviso to section 147retrospective amendmentadditional depreciation

Judgments citing CIT v. BSES Yamuna Power Ltd.

DCIT, New Delhi vs. M/S Cadence Design Systems (India) Pvt. Ltd., New Delhi

In the result, the appeals filed by the Revenue both the years are allowed for statistical purposes and the CO filed by the assessee is dismissed

ITA 2393/DEL/2011[2003-04]Status: DisposedITAT Delhi24 Jul 2020AY 2003-04

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri Nageswar Rao &For Respondent: Shri Dinesh Antil, Sr. DR
Section 154Section 92C

…in the case of CIT vs. BSES Yamuna Power Ltd., vide ITA No.1267/2010, has allowed depreciation @ 60% on computer peripherals. He submitted that the Hon’ble Delhi High Court in the case of CIT vs. BSES Rajdhani Yamuna Powers CO No.202/Del/2012 Ltd. reported in 358 ITR 47, has also held that depreciation at higher rate is allowable on computer peripherals. He accordingly submitted that the order of the CIT(A) being in accordance with law should be upheld and the grounds raised by the Revenue should be dismissed. 10. We have considered the rival arguments made by both the sides and perused the orders of the AO/TPO/…

Ge Capital Services India, New Delhi vs. DCIT, New Delhi

In the result, appeal filed by the learned assessing officer is dismissed

ITA 479/DEL/2011[2007-08]Status: DisposedITAT Delhi18 Feb 2020AY 2007-08

Bench: Shri Prashant Maharishia N D Shri K. Narasimha Chary

For Appellant: Shri Rohit Garg, AdvFor Respondent: Ms. Sushma Singh, [CIT] – DR
Section 143(3)Section 14ASection 45J

…89. The learned departmental representative vehemently supported the order of the learned AO where the learned authorised representative referred that this issue squarely covered in favour of the assessee by the decision of the honourable Delhi High Court in 358 ITR 47 in CIT versus BSES Yamuna Powers Ltd. 90. We have carefully considered the rival contentions and find that issue is squarely covered in favour of the assessee by the decision of the honourable Delhi High Court in 358 ITR 47 wherein computer accessories and peripherals are held to be an integral part of the computer system and therefore they are en…

Gujarat Power Corporation Ltd. - Gpcl, Ahmedabad vs. The JCIT, Gandhinagar Range, Gandhinagar

In the result, Revenue’s appeal is dismissed and assessee’s both appeals are partly allowed

ITA 1928/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad10 Jul 2019AY 2012-13

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Shri Uma Shankar Prasad, Sr. D.RFor Respondent: Shri S. N. Soparkar & Parin Shah, A.R
Section 115JSection 143(3)

…the Learned AO was thus deleted in appeal. 19. At the time of hearing of the instant appeal the Learned Senior Counsel appearing for the assessee submitted before us that the case is squarely covered in the matter of BSES Yamuna Corporation Ltd. reported in 358 ITR 47 (Delhi) which has been failed to be controvert by the Learned DR. ITA Nos.1172, 1361 & 1928/Ahd/2016 Gujarat Power Corporation Ltd. Asst. Years –2011-12, 2011-12 & 2012-13 20. Heard the respective parties, perused the relevant materials available on record. We have carefully considered the order passed in the matter of BSES Yamuna Corporation Lt…

Gujarat Power Corporation Ltd., -Gpcl, Ahmedabad vs. The JCIT, Gandhinagar Range, Gandhinagar

In the result, Revenue’s appeal is dismissed and assessee’s both appeals are partly allowed

ITA 1361/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad10 Jul 2019AY 2011-12

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Shri Uma Shankar Prasad, Sr. D.RFor Respondent: Shri S. N. Soparkar & Parin Shah, A.R
Section 115JSection 143(3)

…the Learned AO was thus deleted in appeal. 19. At the time of hearing of the instant appeal the Learned Senior Counsel appearing for the assessee submitted before us that the case is squarely covered in the matter of BSES Yamuna Corporation Ltd. reported in 358 ITR 47 (Delhi) which has been failed to be controvert by the Learned DR. ITA Nos.1172, 1361 & 1928/Ahd/2016 Gujarat Power Corporation Ltd. Asst. Years –2011-12, 2011-12 & 2012-13 20. Heard the respective parties, perused the relevant materials available on record. We have carefully considered the order passed in the matter of BSES Yamuna Corporation Lt…

The Joint Commissioner of Income Tax(OSD), Gandhinagar vs. Gujarat Power Corporation Ltd., Gandhinagar

In the result, Revenue’s appeal is dismissed and assessee’s both appeals are partly allowed

ITA 1172/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad10 Jul 2019AY 2011-12

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Shri Uma Shankar Prasad, Sr. D.RFor Respondent: Shri S. N. Soparkar & Parin Shah, A.R
Section 115JSection 143(3)

…the Learned AO was thus deleted in appeal. 19. At the time of hearing of the instant appeal the Learned Senior Counsel appearing for the assessee submitted before us that the case is squarely covered in the matter of BSES Yamuna Corporation Ltd. reported in 358 ITR 47 (Delhi) which has been failed to be controvert by the Learned DR. ITA Nos.1172, 1361 & 1928/Ahd/2016 Gujarat Power Corporation Ltd. Asst. Years –2011-12, 2011-12 & 2012-13 20. Heard the respective parties, perused the relevant materials available on record. We have carefully considered the order passed in the matter of BSES Yamuna Corporation Lt…

M/S. Adidas India Marketing Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result the Cross Objection filed by assessee stands partly allowed for statistical purposes

ITA 3727/DEL/2014[2006-07]Status: DisposedITAT Delhi27 May 2019AY 2006-07

Bench: Shri G.D.Agrawal & Smt. Beena A Pillaiay: 2006-07 Adidas India Marketing Pvt.Ltd. Vs. Ito, Co.Ward 1(2) Office No.6, 2Nd Floor, Sector B New Delhi Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070 Pan: Aaaca5313P Ay: 2007-08 Ito, Co.Ward 1(2) Vs. Adidas India Marketing Pvt.Ltd. New Delhi Office No.6, 2Nd Floor, Sector B Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070

For Appellant: Shri Ajay Vohra, Sr.AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 143(3)Section 143(3)(ii)Section 144CSection 92C

…eting Rs.3,64,952/- disallowance of extra depreciation on computer peripherals. 28.1. Both the sides admit to the fact that the issue now stands squarely covered by the decision of Hon’ble Delhi High Court in case of CIT vs BSESE Yamuna Power Ltd reported in 358 ITR 47. In lieu of the above submissions, we are inclined to uphold the view of Ld. CIT (A). Accordingly this ground raised by revenue stands dismissed. 29. In the result appeal filed by Revenue for A.Y. 2007-08 stands partly allowed for statistical purposes. 30. Cross Objection No.85/Del/15(Assessee) AY 2007-08 In the Cross Objection filed by assess…

M/S. Adidas India Marketing (P) Ltd., New Delhi vs. ITO, New Delhi

In the result the Cross Objection filed by assessee stands partly allowed for statistical purposes

ITA 29/DEL/2014[2008-09]Status: DisposedITAT Delhi27 May 2019AY 2008-09

Bench: Shri G.D.Agrawal & Smt. Beena A Pillaiay: 2006-07 Adidas India Marketing Pvt.Ltd. Vs. Ito, Co.Ward 1(2) Office No.6, 2Nd Floor, Sector B New Delhi Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070 Pan: Aaaca5313P Ay: 2007-08 Ito, Co.Ward 1(2) Vs. Adidas India Marketing Pvt.Ltd. New Delhi Office No.6, 2Nd Floor, Sector B Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070

For Appellant: Shri Ajay Vohra, Sr.AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 143(3)Section 143(3)(ii)Section 144CSection 92C

…eting Rs.3,64,952/- disallowance of extra depreciation on computer peripherals. 28.1. Both the sides admit to the fact that the issue now stands squarely covered by the decision of Hon’ble Delhi High Court in case of CIT vs BSESE Yamuna Power Ltd reported in 358 ITR 47. In lieu of the above submissions, we are inclined to uphold the view of Ld. CIT (A). Accordingly this ground raised by revenue stands dismissed. 29. In the result appeal filed by Revenue for A.Y. 2007-08 stands partly allowed for statistical purposes. 30. Cross Objection No.85/Del/15(Assessee) AY 2007-08 In the Cross Objection filed by assess…

ITO, New Delhi vs. M/S. Adidas India Marketing (P) Ltd., New Delhi

In the result the Cross Objection filed by assessee stands partly allowed for statistical purposes

ITA 2770/DEL/2012[2007-08]Status: DisposedITAT Delhi27 May 2019AY 2007-08

Bench: Shri G.D.Agrawal & Smt. Beena A Pillaiay: 2006-07 Adidas India Marketing Pvt.Ltd. Vs. Ito, Co.Ward 1(2) Office No.6, 2Nd Floor, Sector B New Delhi Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070 Pan: Aaaca5313P Ay: 2007-08 Ito, Co.Ward 1(2) Vs. Adidas India Marketing Pvt.Ltd. New Delhi Office No.6, 2Nd Floor, Sector B Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070

For Appellant: Shri Ajay Vohra, Sr.AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 143(3)Section 143(3)(ii)Section 144CSection 92C

…eting Rs.3,64,952/- disallowance of extra depreciation on computer peripherals. 28.1. Both the sides admit to the fact that the issue now stands squarely covered by the decision of Hon’ble Delhi High Court in case of CIT vs BSESE Yamuna Power Ltd reported in 358 ITR 47. In lieu of the above submissions, we are inclined to uphold the view of Ld. CIT (A). Accordingly this ground raised by revenue stands dismissed. 29. In the result appeal filed by Revenue for A.Y. 2007-08 stands partly allowed for statistical purposes. 30. Cross Objection No.85/Del/15(Assessee) AY 2007-08 In the Cross Objection filed by assess…

The ACIT, Circle-8, Ahmedabad vs. The Torrent Pharmaceuticals, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 938/AHD/2012[2007-08]Status: DisposedITAT Ahmedabad15 May 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

For Appellant: Shri S. N. Soparkar & Parin Shah, A.RFor Respondent: Shri Ramesh Chandra Panday, CIT-D.R
Section 35Section 80Section 92C

…b for the system. Each and user is inter-connected with the hub station viz. Satellite forming a star apology and stated that same is entitled for depreciation @ 60%. 8. In support of its contention, assessee also cited an order of the Delhi High Court [2013] 358 ITR 47 (Del.) where in it is held that computer accessories and peripherals such as printers, scanners and server form an integral part of the computer system. In fact, the computer accessories and peripherals cannot be used without the computer. Consequently, as they are part of the computer system, they are entitled to depreciation at the higher rate o…

The Torrent Pharmaceuticals, Ahmedabad vs. The Additional CIT, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 907/AHD/2012[2007-08]Status: DisposedITAT Ahmedabad15 May 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

For Appellant: Shri S. N. Soparkar & Parin Shah, A.RFor Respondent: Shri Ramesh Chandra Panday, CIT-D.R
Section 35Section 80Section 92C

…b for the system. Each and user is inter-connected with the hub station viz. Satellite forming a star apology and stated that same is entitled for depreciation @ 60%. 8. In support of its contention, assessee also cited an order of the Delhi High Court [2013] 358 ITR 47 (Del.) where in it is held that computer accessories and peripherals such as printers, scanners and server form an integral part of the computer system. In fact, the computer accessories and peripherals cannot be used without the computer. Consequently, as they are part of the computer system, they are entitled to depreciation at the higher rate o…

The ACIT, (OSD)Circle-8, Ahmedabad vs. The Torrent Pharmaceuticals Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 1725/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad15 May 2019AY 2008-09

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

For Appellant: Shri S. N. Soparkar & Parin Shah, A.RFor Respondent: Shri Ramesh Chandra Panday, CIT-D.R
Section 35Section 80Section 92C

…b for the system. Each and user is inter-connected with the hub station viz. Satellite forming a star apology and stated that same is entitled for depreciation @ 60%. 8. In support of its contention, assessee also cited an order of the Delhi High Court [2013] 358 ITR 47 (Del.) where in it is held that computer accessories and peripherals such as printers, scanners and server form an integral part of the computer system. In fact, the computer accessories and peripherals cannot be used without the computer. Consequently, as they are part of the computer system, they are entitled to depreciation at the higher rate o…

The Torrent Pharmaceuticals Ltd., Ahmedabad vs. The ACIT., Circle-8, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 1634/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad15 May 2019AY 2008-09

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

For Appellant: Shri S. N. Soparkar & Parin Shah, A.RFor Respondent: Shri Ramesh Chandra Panday, CIT-D.R
Section 35Section 80Section 92C

…b for the system. Each and user is inter-connected with the hub station viz. Satellite forming a star apology and stated that same is entitled for depreciation @ 60%. 8. In support of its contention, assessee also cited an order of the Delhi High Court [2013] 358 ITR 47 (Del.) where in it is held that computer accessories and peripherals such as printers, scanners and server form an integral part of the computer system. In fact, the computer accessories and peripherals cannot be used without the computer. Consequently, as they are part of the computer system, they are entitled to depreciation at the higher rate o…

Roots Corporation Ltd, Mumbai vs. DCIT 1(3)(1)(Erstwhile DCIT 1(3)], Mumbai

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 5090/MUM/2017[2011-12]Status: DisposedITAT Mumbai03 May 2019AY 2011-12

Bench: Shri C.N. Prasad, Jm & Shri M.Balaganesh, Am Roots Corporation Ltd., Vs. Dcit1(3), Mumbai Flat No.13, Godrej & Boyce Complex, Vikhroli(E), Mumbai Pan/Gir No.Aaccr 6389 J (Appellant) .. (Respondent) Assessee By Shri Bhadresh K. Doshi, Ar Revenue By Shri D.G. Pansari, Sr.Ar Cit

Section 143(3)

…nding is in consonance with the decision of Special Bench of Mumbai Tribunal in the case of DCIT vs Datacraft India Ltd reported in 40 SOT 295 dated 9.7.2010 and the decision of Hon’ble Delhi High Court in the case of CIT vs BSES Yamuna Powers Ltd reported in 358 ITR 47 (Del). The relevant findings thereon are not reproduced herein for the sake of brevity. Accordingly, we direct the ld AO to recomputed the depreciation as per the aforesaid directions given by us specifically mentioning the serial numbers. Accordingly, the Ground No. 2 raised by the assessee is partly allowed. 6 Roots Corporation Ltd. 4. The next…

DCIT, New Delhi vs. M/S. Dsl Software Ltd., New Delhi

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

ITA 3723/DEL/2014[2005-06]Status: DisposedITAT Delhi30 Apr 2019AY 2005-06

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 10BSection 143(3)Section 148Section 14ASection 80HSection 90

…upheld in view of the following decisions as well: - SLP preferred by the Revenue in the case of Birla Soft Ltd dismissed in SLP(C) No.20645/2012. - CIT vs BSES Rajdhani Powers Ltd: ITA No.1266/2010 (Delhi HC) dated 31.08.2010 - CIT vs BSES Yamuna Power Ltd: 358 ITR 47 (Del) - Expeditors International (India) (P) Ltd vs Addl CIT: 2 ITR(T) 153 (Del Trib.) dated 29.08.2008 - DCIT vs Oriental Ceramics and Industries Ltd: 3 ITR 246 (Del Trib.) dated 20.01.2011 - CIT vs Orient Ceramics and Industries Ltd: 358 ITR 49 (Delhi) dated 20.01.2011 - Steel Authority of India Ltd vs Addl CIT: ITA No. 751/Del/2011 (Delhi) date…

DCIT, New Delhi vs. M/S. Dsl Software Ltd., New Delhi

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

ITA 3722/DEL/2014[2002-03]Status: DisposedITAT Delhi30 Apr 2019AY 2002-03

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 10BSection 143(3)Section 148Section 14ASection 80HSection 90

…upheld in view of the following decisions as well: - SLP preferred by the Revenue in the case of Birla Soft Ltd dismissed in SLP(C) No.20645/2012. - CIT vs BSES Rajdhani Powers Ltd: ITA No.1266/2010 (Delhi HC) dated 31.08.2010 - CIT vs BSES Yamuna Power Ltd: 358 ITR 47 (Del) - Expeditors International (India) (P) Ltd vs Addl CIT: 2 ITR(T) 153 (Del Trib.) dated 29.08.2008 - DCIT vs Oriental Ceramics and Industries Ltd: 3 ITR 246 (Del Trib.) dated 20.01.2011 - CIT vs Orient Ceramics and Industries Ltd: 358 ITR 49 (Delhi) dated 20.01.2011 - Steel Authority of India Ltd vs Addl CIT: ITA No. 751/Del/2011 (Delhi) date…

DCIT, New Delhi vs. M/S. Michelin India Tyre Pvt. Ltd., New Delhi

In the result appeal filed by assessee stands partly allowed

ITA 3166/DEL/2013[2007-08]Status: DisposedITAT Delhi30 Apr 2019AY 2007-08

Bench: Sri R.K.Panda & Smt. Beena A Pillaia.Y. 2007-08 Dcit, Circle 6(1) Vs. Michelin India Tyre Pvt.Ltd. Room No.413 401-404, 4Th Floor C.R.Building Copla Corporate Suits I.P.Estate Jasola District Centre New Delhi New Delhi 110 076 Pan: Aadcm8454G A.Y. 2007-08 Michelin India Tyre Pvt.Ltd. Vs. Dcit, Circle 6(1) 401-404, 4Th Floor Room No.413 Copla Corporate Suits C.R.Building Jasola District Centre I.P.Estate New Delhi 110 076 New Delhi Pan: Aadcm8454G (Appellant) (Respondent)

…of excess claim of depreciation on printer and UPS at 60% of computer peripherals. 24. Both the sides admit to the fact that the issue now stands squarely covered by the decision of Hon’ble Delhi High Court in case of CIT vs BSESE Yamuna Power Ltd reported in 358 ITR 47. In lieu of the above submissions, we are inclined to uphold the view of Ld. CIT (A). Accordingly this ground raised by revenue stands dismissed. 25. Ground No. 6-8 are general in nature and therefore do not require any adjudication. 26. In the result appeal raised by revenue stands dismissed. 27. ITA No. 03/03/06/del/2013 (assessee’s appeal) 28.…

ACIT, New Delhi vs. M/S. Dsl Software Ltd., New Delhi

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

ITA 2310/DEL/2012[2003-04]Status: DisposedITAT Delhi30 Apr 2019AY 2003-04

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 10BSection 143(3)Section 148Section 14ASection 80HSection 90

…upheld in view of the following decisions as well: - SLP preferred by the Revenue in the case of Birla Soft Ltd dismissed in SLP(C) No.20645/2012. - CIT vs BSES Rajdhani Powers Ltd: ITA No.1266/2010 (Delhi HC) dated 31.08.2010 - CIT vs BSES Yamuna Power Ltd: 358 ITR 47 (Del) - Expeditors International (India) (P) Ltd vs Addl CIT: 2 ITR(T) 153 (Del Trib.) dated 29.08.2008 - DCIT vs Oriental Ceramics and Industries Ltd: 3 ITR 246 (Del Trib.) dated 20.01.2011 - CIT vs Orient Ceramics and Industries Ltd: 358 ITR 49 (Delhi) dated 20.01.2011 - Steel Authority of India Ltd vs Addl CIT: ITA No. 751/Del/2011 (Delhi) date…

DCIT, New Delhi vs. M/S Oxigen Services India Pvt. Ltd., New Delhi

In the result both the appeals of the revenue are dismissed

ITA 3766/DEL/2015[2010-11]Status: DisposedITAT Delhi15 Feb 2019AY 2010-11

Bench: Shri R.K. Panda & Shri K. Narasimha Chary

For Appellant: Smt NainaSoin Kapil, CIT DRFor Respondent: Sh SatyenSethi, Advocate
Section 14Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’ NEW DLEHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. No. 3765 and 3766/Del/2015 Assessment Year: 2008-09 and 2010-11 DCIT, Circle 19(1) vs M/s Oxigen Services (P) Ltd. New Delhi Unit No 31, Tribhuvan Complex Ishwar Nagar, New Friends Colony, New Delhi PAN NO AABCI1405k (Appellant) (Respondent) Appellant by: Smt NainaSoin Kapil, CIT DR Respondent by: Sh SatyenSethi, Advocate, Date of hearing: 14.02.2019 Date of Pronouncement: 15.02.2019 ORDER PER K. NARASIMHA CHARY, JM Challenging the orders dated 9/3/2…

DCIT, New Delhi vs. M/S Oxigen Services India Pvt. Ltd., New Delhi

In the result both the appeals of the revenue are dismissed

ITA 3765/DEL/2015[2008-09]Status: DisposedITAT Delhi15 Feb 2019AY 2008-09

Bench: Shri R.K. Panda & Shri K. Narasimha Chary

For Appellant: Smt NainaSoin Kapil, CIT DRFor Respondent: Sh SatyenSethi, Advocate
Section 14Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’ NEW DLEHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. No. 3765 and 3766/Del/2015 Assessment Year: 2008-09 and 2010-11 DCIT, Circle 19(1) vs M/s Oxigen Services (P) Ltd. New Delhi Unit No 31, Tribhuvan Complex Ishwar Nagar, New Friends Colony, New Delhi PAN NO AABCI1405k (Appellant) (Respondent) Appellant by: Smt NainaSoin Kapil, CIT DR Respondent by: Sh SatyenSethi, Advocate, Date of hearing: 14.02.2019 Date of Pronouncement: 15.02.2019 ORDER PER K. NARASIMHA CHARY, JM Challenging the orders dated 9/3/2…

The Addl. CIT, Range-1, Ahmedabad vs. M/S. Adani Enterprises Ltd., Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 2531/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2010-11
Section 143(3)Section 14ASection 3

…s in deleting the disallowance of depreciation on UPS for Rs.8,14,103/-. 145. Learned representatives fairly agree that this issue is also covered, in favour of the assessee, by Hon’ble Delhi High Court’s judgment in the case of CIT Vs BSES Yamuna Power Ltd (358 ITR 47), even as learned Departmental Representative vehemently relied upon the stand of the Assessing Officer. There is non contrary judicial precedent pointed out to us. In this view of the matter, and respectfully following the esteemed views of Hon’ble Delhi High Court in the case of BSES Yamuna Power (supra), we confirm the order of the CIT(A) on th…