DCIT v. Hotel Excelsior Ltd.

141 TTJ 248Income Tax Appellate Tribunal2011#16716 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2024.

Sections most often in play

Section 10ASection 10AASection 115-OSection 143(3)

Issues it is cited on

section 143(3)businessinterest

Judgments citing DCIT v. Hotel Excelsior Ltd.

M/S. Genpact India, Gurgaon vs. DCIT, New Delhi

In the result, assessee’s appeal is allowed for statistical purposes

ITA 6542/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Dec 2024AY 2012-13

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Ms. Rishpal Bedi, CIT DR
Section 10ASection 143(3)

…of no use independently of each other. Therefore, all such facilities form part of computers and are hence eligible for depreciation rate specified for "Computers'. The issue is now squarely covered by the following decisions :_ - Hotel Excelsior reported in 141 TTJ 248 (Dell) - Delhi High Court in case of BSES Yamuna Powers ITA No. 1267 of 2010 order dated 31.08.2010 - Orient Ceramics reported in 200 Taxman 64(Del)@ para 13 - Delhi High Court in case of M/s Birlasoft Ltd. ITA No. 1284 of 2011 order dated 15.12.2011 21. Per contra, Ld. DR neither controverted the aforesaid contention of the Ld. AR nor placed any…

DCIT, New Delhi vs. M/S. Genpact India, Gurgaon

In the result, assessee’s appeal is allowed for statistical purposes

ITA 6414/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Dec 2024AY 2012-13

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Ms. Rishpal Bedi, CIT DR
Section 10ASection 143(3)

…of no use independently of each other. Therefore, all such facilities form part of computers and are hence eligible for depreciation rate specified for "Computers'. The issue is now squarely covered by the following decisions :_ - Hotel Excelsior reported in 141 TTJ 248 (Dell) - Delhi High Court in case of BSES Yamuna Powers ITA No. 1267 of 2010 order dated 31.08.2010 - Orient Ceramics reported in 200 Taxman 64(Del)@ para 13 - Delhi High Court in case of M/s Birlasoft Ltd. ITA No. 1284 of 2011 order dated 15.12.2011 21. Per contra, Ld. DR neither controverted the aforesaid contention of the Ld. AR nor placed any…

Tyhe ITO-4(5), Indore vs. M/S. Urvashi World Wide P. Ltd., Indore

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

ITA 569/IND/2019[2012-13]Status: DisposedITAT Indore30 Jan 2023AY 2012-13

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyaniassessment Year: 2012-13

For Appellant: Shri .P.D. Nagar, CAFor Respondent: Shri P.K. Mishra, CIT, DR
Section 131(1)Section 143(3)Section 68

…ear from identified persons appearing as opening balances inaudited books of account cannot be taxed in subsequent years u/s 68 of the Act as held in the case of CIT vs Usha Stud Agricultural Farms(2018) 301 ITR 384(Delhi), DCIT vs. Hotel Excelsior Ltd (2011) 141 TTJ 248 (Del), ITO vs Kumari Sumedha Karmahe (2015) 26 ITJ 648 (Trib. Raipur) & Shri Gurumukhdas Saluja vs. AC1T (2013) 21 ITJ 168 (Indore Trib.) The lender companies are otherwise also group companies of Ruchi Group and associated with each other. Under the circumstances, addition made u/s 68 of the Act being the amount of loans taken in earlier year fr…

M/S Frick India Ltd., New Delhi vs. DCIT, New Delhi

ITA 5997/DEL/2010[2007-08]Status: DisposedITAT Delhi29 Apr 2022AY 2007-08

Bench: Sh. R.K.Panda & Sh. Anubhav Sharmam/S. Frick India Ltd. Vs. Acit, Range-11, 809, Surya Kiran Building, C.R.Building, 19, Kasturba Gandhi Marg I.P.Estate New Delhi- 110 001 New Delhi-110002 Pan – Aaacf0410C (Appellant) (Respondent)

Section 10(34)Section 10(35)Section 143(3)Section 14ASection 234B

…2 It was submitted on behalf of the assessee that it is settled proposition of law that in the term “Computer” includes paraphernalia and accessories are included reliance was placed on the judgment of Hon’ble Delhi high Court in DCIT vs. Hotel Excelsior Ltd. 141 TTJ 248 (Delhi) and CIT vs. Oriented Ceremics and Industries Ltd. 200 Taxman 64 (Delhi). 8 ITA No. 5997/Del./2010 M/s. Frick India Ltd. 7. In the light of aforesaid, it is established that the UPS is integral part of the computer and the depreciation upon same should be one given upon the computers @ 60%. Accordingly the ground is decided in favour of…

M/S Frick India Ltd., New Delhi vs. DCIT, New Delhi

ITA 5996/DEL/2010[2006-07]Status: DisposedITAT Delhi29 Apr 2022AY 2006-07

Bench: Sh. R.K.Panda & Sh. Anubhav Sharmam/S. Frick India Ltd. Vs. Dcit, Circle 11(1), 809, Surya Kiran Building, 312, C.R.Building, 19, Kasturba Gandhi Marg I.P.Estate New Delhi- 110 001 New Delhi Pan – Aaacf0410C (Appellant) (Respondent)

Section 10(34)Section 143(3)Section 14ASection 154

…2 It was submitted on behalf of the assessee that it is settled proposition of law that in the term “Computer” includes paraphernalia and accessories are included reliance was placed on the judgment of Hon’ble Delhi high Court in DCIT vs. Hotel Excelsior Ltd. 141 TTJ 248 (Delhi) and CIT vs. Oriented Ceremics and Industries Ltd. 200 Taxman 64 (Delhi). 7. In the light of aforesaid, it is established that the UPS is integral part of the computer and the depreciation upon same should be one given upon the computers @ 60%. Accordingly the ground is decided in favour of assessee and the ld. AO shall reassess the depre…

DCIT v. Hotel Excelsior Ltd. (141 TTJ 248) — Cited in 5 Judgments | BharatTax