B G EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME, DDIT/ ADIT (INTERNATIONAL TAXATION), CIRCLE-1, DEHRADUN, DEHRADUN, UTTARAKHAND

In the result, both the appeals of the assessee are allowed

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

13: Disallowance of amount under section 40(a) 13.1 The learned AO / DRP erred in law and in facts in disallowing amount of Rs. 10

B G EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME, DDIT/ ADIT (INTERNATIONAL TAXATION), CIRCLE-1, DEHRADUN, DEHRADUN

In the result, both the appeals of the assessee are allowed

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

13: Disallowance of amount under section 40(a) 13.1 The learned AO / DRP erred in law and in facts in disallowing amount of Rs. 10

DCIT, CIRCLE- I, INTERNATIONAL TAXATION, DEHRADUN vs. EXPRESS DRILLING SYSTEMS LLC, DEHRADUN

In the result, cross objection filed by the assessee is partly

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganeshआ.अ.सं/.I.T.A No.6114/Del/2017 िनधा"रणवष"/Assessment Year: 2009-10 बनाम Dcit, Express Drilling Circle-1, Vs. Systems Llc, International Taxation, C/O Nangia & Co., 1St Floor, Ida, 46, Dehradun, Uttarakhand. E.C. Road, Dehradun, Uttarakhand. Pan No.Aabce6891R अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No. 13/Del/2018 (In I.T.A No.6114/Del/2017) िनधा"रणवष"/Assessment Year: 2009-10 बनाम Express Drilling Systems Llc, Dcit, Vs. C/O Nangia & Co., Circle-1, 1St Floor, Ida, 46, International Taxation, E.C. Road, Dehradun, Dehradun, Uttarakhand. Uttarakhand. Pan No. Aabce6891R अपीलाथ" Appellant ""यथ"/Respondent

disallowing standby I.T.A.No.6114/Del/2017 & CO No. 13/Del/2018 charges totaling to Rs.54,600,000/- on the ground of business exigency and business prudence not proved by the appellant.” 2. In the cross objection filed by the assessee, the assessee challenged the validity of the final assessment order passed by the Assessing Officer u/s 143(3)/144C r.w.s. 254 of the Income

ACIT, CIRCLE- 3, NAINITAL vs. KUMAON MANDAL VIKAS NIGAM LTD., NAINITAL

In the result, both appeals of the Revenue are partly allowed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 2(24)(x) r.w.s. 36(1)(va) and 43B of the Act. The Ld. Senior Departmental Representative (hereinafter ‘Ld. DR’), placing reliance on the decision of the Hon’ble Supreme Court in the case of Checkmate Services P. Ltd. [(2022) 448 ITR 518 (SC)], requested for upholding of the disallowances, to which the Ld. Counsel seemed

ACIT, NAINITAL vs. M/S. KUMAON MANDAL VIKAS NIGAM LTD., NAINITAL

In the result, both appeals of the Revenue are partly allowed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 2(24)(x) r.w.s. 36(1)(va) and 43B of the Act. The Ld. Senior Departmental Representative (hereinafter ‘Ld. DR’), placing reliance on the decision of the Hon’ble Supreme Court in the case of Checkmate Services P. Ltd. [(2022) 448 ITR 518 (SC)], requested for upholding of the disallowances, to which the Ld. Counsel seemed

BG EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, DDIT/ADIT (INTERNATIONAL TAXATION), CIRCLE -1, DEHRADUN

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

13: Erroneous levy of interest under section 234B of the Act 13.1 The learned AO erred in law and in facts, in levying consequential interest under section 234B of the Act. Ground No. 14: Violation of principles of natural justice 14.1 The learned AO / DRP erred in law and in facts, in ignoring the submissions and the information furnished

M.B. PETROLEUM SERVICES LLC,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), DEHRADUN

In the result, the appeal of the assessee is allowed

13) of the Income- tax Act, 1961 (for short 'the Act') pursuant to the directions of the Dispute Resolution Panel (DRP) for the assessment year 2012-13. 2. Grounds of appeal taken by the assessee read as under :- 2 ITA No.6608/Del./2016 “1. In law and on facts and circumstance of the case, Learned Assessing Officer (,'Ld. AO'') erred

MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY,MDDA, TRANSPORT NAGAR DEHRADUN vs. ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT DEHRADUN

In the result, both appeals of the assessee are dismissed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

10 ITA No.95 & 96/DDN/2023 MDDA 12. It is also appropriate to take note of the corresponding provision, i.e Section 58 of the U.P. Urban, Planning & Development Act, 1973. It reads as under:- "58. Dissolution of Authority. – (1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act have been substantially achieved

MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY,MDDA, TRANSPORT NAGAR DEHRADUN vs. ASSISTANT COMMISSIONER OF INCOME TAX, NATIONAL FACELESS ASSESSMENT CENTRE

In the result, both appeals of the assessee are dismissed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

10 ITA No.95 & 96/DDN/2023 MDDA 12. It is also appropriate to take note of the corresponding provision, i.e Section 58 of the U.P. Urban, Planning & Development Act, 1973. It reads as under:- "58. Dissolution of Authority. – (1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act have been substantially achieved

MANSI JOHAR,RISHIKESH vs. DCIT, CENTRAL CIRCLE, DEHRADUN

13,440/-. Thereafter, the case was assessed at an income of Rs. 39,70,440/- after making disallowance of expenses of Rs. 17,57,000/- u/s 40A(3) of the Act vide order passed u/s 153A/143(3) of the Act. ITA Nos. 7098 & 7099/De/2017 ITA Nos. 7095 & 7097/Del/2017 Manav Johar & Ors vs. DCIT 2.1 In appeal

MANAV JOHAR,RISHIKESH vs. DCIT, CENTRAL CIRCLE, DEHRADUN

13,440/-. Thereafter, the case was assessed at an income of Rs. 39,70,440/- after making disallowance of expenses of Rs. 17,57,000/- u/s 40A(3) of the Act vide order passed u/s 153A/143(3) of the Act. ITA Nos. 7098 & 7099/De/2017 ITA Nos. 7095 & 7097/Del/2017 Manav Johar & Ors vs. DCIT 2.1 In appeal

MANAV JOHAR,RISHIKESH vs. DCIT, CENTRAL CIRCLE, DEHRADUN

13,440/-. Thereafter, the case was assessed at an income of Rs. 39,70,440/- after making disallowance of expenses of Rs. 17,57,000/- u/s 40A(3) of the Act vide order passed u/s 153A/143(3) of the Act. ITA Nos. 7098 & 7099/De/2017 ITA Nos. 7095 & 7097/Del/2017 Manav Johar & Ors vs. DCIT 2.1 In appeal

MEENA JOHAR,RISHIKESH vs. DCIT, CENTRAL CIRCLE, DEHRADUN

13,440/-. Thereafter, the case was assessed at an income of Rs. 39,70,440/- after making disallowance of expenses of Rs. 17,57,000/- u/s 40A(3) of the Act vide order passed u/s 153A/143(3) of the Act. ITA Nos. 7098 & 7099/De/2017 ITA Nos. 7095 & 7097/Del/2017 Manav Johar & Ors vs. DCIT 2.1 In appeal

MEENA JOHAR,RISHIKESH vs. DCIT, CENTRAL CIRCLE, DEHRADUN

13,440/-. Thereafter, the case was assessed at an income of Rs. 39,70,440/- after making disallowance of expenses of Rs. 17,57,000/- u/s 40A(3) of the Act vide order passed u/s 153A/143(3) of the Act. ITA Nos. 7098 & 7099/De/2017 ITA Nos. 7095 & 7097/Del/2017 Manav Johar & Ors vs. DCIT 2.1 In appeal

MANSI JOHAR,RISHIKESH vs. DCIT, CENTRAL CIRCLE, DEHRADUN

13,440/-. Thereafter, the case was assessed at an income of Rs. 39,70,440/- after making disallowance of expenses of Rs. 17,57,000/- u/s 40A(3) of the Act vide order passed u/s 153A/143(3) of the Act. ITA Nos. 7098 & 7099/De/2017 ITA Nos. 7095 & 7097/Del/2017 Manav Johar & Ors vs. DCIT 2.1 In appeal

BG EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX DDIT/ADIT (INTERNATIONAL TAXATION ) CIRCLE-1, DEHRADUN

In the result, the appeal of the assessee is partly allowed

Bench: Shri R.K. Panda & Shri V.P. Raoassessment Years: 2016-17

section 44C with respect to returned income and not income assessed. Ground No. 10: Disallowance of depreciation 10.1 The learned AO erred in law and in facts in disallowing depreciation of Rs.2,14,46,607 being the difference of depreciation amount between the tax audit report and the computation. 10.2 The learned AO / DRP erred in not appreciating that this

UTTRANCHAL IRON & ISPAT LTD.,KOTDWAR vs. DCIT, CIRCLE- 1(4)(1), RISHIKESH

In the result, this appeal of the assessee (ITA No

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

disallowance of any/few specific claim(s) of expenditure, would mandatorily lead to invocation of 145(3) of the Act, then these sections would be rendered otiose because, then by estimation of income under best judgment after rejection of accounts being mandatory would not entail specific disallowance/addition for violations of any of sections from 28 to 44DB

DCIT, RISHIKESH vs. M/S UTTRANCHAL IRON & ISPAT LTD.,, KOTDWAR

In the result, this appeal of the assessee (ITA No

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

disallowance of any/few specific claim(s) of expenditure, would mandatorily lead to invocation of 145(3) of the Act, then these sections would be rendered otiose because, then by estimation of income under best judgment after rejection of accounts being mandatory would not entail specific disallowance/addition for violations of any of sections from 28 to 44DB