CIT v. Delhi Press Samachar Patra (Private) Limited

Triune Energy Pvt. Ltd., New Delhi vs. ACIT Circle-7(1), New Delhi

The appeal stands allowed

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmaassessment Year: 2008-09

…of the building which was in possession as lessee. Learned counsel relied on the judgments of Hon’ble Delhi High Court in CIT vs. Hi Line Pens Pvt. Ltd. 306 ITR 182; CIT vs. Escorts Finance Ltd. 205 CTR 574 (Del); CIT Vs. Delhi Press Samachar Patra (P) Ltd. 322 ITR 590 (Del); and Instalment Supply Pvt. 7 Ltd. Vs. CIT 149 ITR 52 (Del). It was also pointed out that the expenditure on repair & maintenance of building incurred in A.Y. 2009-10 was not disallowed in order of assessment framed u/s 143(3) of the Act. 6.2. Learned DR has supported the findings with the contention that from the record it appears that i…

DCIT, New Delhi vs. M/S. Gujarat Guardian Ltd., New Delhi

In the result, appeal filed by the revenue against the direction of the Ld

Bench: Shri S.K.Yadav & Shri Prashant Maharishim/S. Guajarat Guardian Ltd, Vs. Dcit, 4-7/C, Dda Shopping Centre, Circle-12(1), (Now Circle- New Friends Colony, 10(2), New Delhi Cr Building, Ip Estate, Pan: Aaacg1622K New Delhi (Appellant) (Respondent) Dcit, Vs. M/S. Guajarat Guardian Ltd, Circle-12(1), (Now Circle-10(2), 4-7/C, Dda Shopping Cr Building, Ip Estate, Centre, New Delhi New Friends Colony, New Delhi Pan: Aaacg1622K (Appellant) (Respondent)

…T vs. Mahalakshmi Textile Mills 66 ITR 710 (SC)  CIT v. Sarvana Spinning Mills P. Ltd. : 293 ITR 201 (SC)  Comfort Living Hotels (P.) Ltd. vs. CIT: 363 ITR 182 (Del)  CIT vs. Volga Restaurant: 253 ITR 405 (Del)  CIT vs. Delhi Press Samachar Patra P. Ltd.: 322 ITR 590  CIT v. Bharat Cinema : 121 ITR 165 (HC) (P&H)  CIT & Anr. vs. Sagar Talkies : 217 CTR 74 (HC) (Kar)  Tuticorin Spinning Mills Ltd. vs. CIT : 261 ITR 291 (HC) (Mad)  CIT vs. Ooty Dasaprakash: 237 ITR 902 (HC) (Mad)  CIT vs Lake Palace Hotel and Motels P. Ltd.: 258 ITR 562 (HC) (Raj)  CIT v. Wolkem (P.) Ltd. Co. : 258 ITR 350 (Raj) (HC) Guja…

ACIT, New Delhi vs. M/S Rohan Motors Ltd., New Delhi

In the result, appeal of the Revenue is allowed for statistical purpose

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2008-09 Vs. M/S. Rohan Motors Ltd., 419, Acit, Circle-15(1), C.R. Building, I.P. Estate, New Delhi World Trade Centre, Barakhamba Lane, New Delhi Pan : Aaacr1307G (Appellant) (Respondent) Appellant By Sh. F.R. Meena, Sr.Dr Respondent By Sh. Salil Aggarwal, Adv & Sh. Shailesh Gupta, Ca Date Of Hearing 16.02.2017 Date Of Pronouncement 17.03.2017 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 23/03/2011 Of Learned Commissioner Of Income-Tax (Appeals)-Xviii, New Delhi [In Short , ‘Cit(A)’] For Assessment Year 2008-09 Raising Following Grounds:

…uzuki Ltd., which in effect did not result in any creation of new asset of enduring nature and therefore the amount spent was revenue in nature. The assessee further submitted that in the case of CIT Vs. Delhi press Sanachar Patra(p) Ltd (2010) 191 taxmann 71/322 ITR 590 (Delhi), the Hon’ble Delhi High Court held that where expenses were incurred on normal repairs, replacement of dilapidated beacons, pillars walls etc, of an existing 4 AY: 2008-09 business premises and the assessee did not bring into existence any new asset over and above the existing building, is an allowable expenditure under current repairs.…

DCIT, New Delhi vs. M/S. C.B. Richard Ellis South Asia Pvt. Ltd., New Delhi

In the result, both the appeals filed by the revenue are dismissed

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…the question of applicability of section 32. Consequently, the question that has been framed is answered in favour of the assessee and against the Revenue. The appeal is dismissed.” 8.6 Also in the case of CIT vs. Delhi Press Samachar Patra (Private) Limited 322 ITR 590, it was held as under: 23 ITA No.709/Del./2012 ITA No.775/Del./2013 “We find that the Tribunal has adequately and in great detail dealt with the entire issue. The assessee has a press building which is used for the purposes of its business which includes the printing and publication of magazines. The said press building was constructed in the y…

ACIT, New Delhi vs. M/S. Cb Richard Ellis South Asia Pvt. Ltd., New Delhi

In the result, both the appeals filed by the revenue are dismissed

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…the question of applicability of section 32. Consequently, the question that has been framed is answered in favour of the assessee and against the Revenue. The appeal is dismissed.” 8.6 Also in the case of CIT vs. Delhi Press Samachar Patra (Private) Limited 322 ITR 590, it was held as under: 23 ITA No.709/Del./2012 ITA No.775/Del./2013 “We find that the Tribunal has adequately and in great detail dealt with the entire issue. The assessee has a press building which is used for the purposes of its business which includes the printing and publication of magazines. The said press building was constructed in the y…

Toscana Lasts Ltd., New Delhi vs. ITO, New Delhi

The appeal is dismissed

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2007-08 Toscana Lasts Ltd., Vs. Ito, (Since Amalgamated With Avantha Ward 16(3), Reality Ltd.), Thapar House, New Delhi. 124-Janpath, New Delhi. (Pan: Aaact3805H) (Appellant) (Respondent) Assessment Year: 2007-08 Ito, Vs. Toscana Lasts Ltd., Ward 16(3), (Since Amalgamated With New Delhi. Avantha Reality Ltd.), Thapar House, 124-Janpath, New Delhi. (Pan: Aaact3805H) (Appellant) (Respondent)

…he smooth running of business. In support, he cited the decision of Hon'ble Supreme Court in the case of Alemic Chemical Works Co. Ltd. vs. CIT (1989) – 177 ITR 377 (S.C) and of Hon'ble Delhi High Court in the case of Delhi Press Samachar Patra Pvt. Ltd. – 322 ITR 590 (Del.). The Learned AR submitted further that assessee was in possession of huge losses, therefore, it can be safely assumed that no prudent person will claim expenses on higher side to enhance the accumulated losses. Consumption of law material of worth Rs.85.67 lacs has been accepted by the Department and hence it is not permissible to disa…

M/S. Eco Rrb Infra Pvt. Ltd., New Delhi vs. DCIT, New Delhi

Bench: Shri T. S. Kapoor & Shri Kuldip Singh

…608 (Guj.) held that expenditure incurred at guests house for water proofing work on terrace is allowable as deduction u/s 30A(ii) of the Act. Similarly, Hon’ble Jurisdictional High Court in the judgement cited at CIT Vs Delhi Press Samachar Patra (P.) Ltd., 322 ITR 590 (Del.) affirmed the view taken by the Hon’ble Tribunal that in case assessee had incurred expenditures, only to preserve and maintain existing asset and that expenditure was not of a nature 4 which brought into being a new asset or created a new advantage of an enduring nature, deletion has to be allowed. 10. By applying the ratio of judgement i…

Surinder Madan

The appeal is dismissed

…ted, it was held that the expenditure was “capital” in nature. In the said case there is an observation that relaying of worn out flooring of print shop may amount to “current repairs” as was observed in CIT vs. Delhi Press Samachar Patra (P) Ltd. (2010) 322 ITR 590 (Del.). But the said observations were in context of the facts of the said case, where repairs were made or dilapidated columns, beams, roofs etc. to make them into original position, indicating that repairs which should have been undertaken earlier were delayed and 2013:DHC:4132-DB ITA 364/2013…