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

section 44C with respect to returned income and not income assessed. Ground No. 8: Disallowance of depreciation 8.1 The learned AO erred in law and in facts in disallowing depreciation of Rs.76,33,296 being the difference of depreciation amount between the tax audit report and the computation. 8.2 The learned AO/DRP erred in not appreciating that

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

section 44C with respect to returned income and not income assessed. Ground No. 8: Disallowance of depreciation 8.1 The learned AO erred in law and in facts in disallowing depreciation of Rs.76,33,296 being the difference of depreciation amount between the tax audit report and the computation. 8.2 The learned AO/DRP erred in not appreciating that

RAJESH AGGARWAL ,DEHRADUN vs. THE DEPUTY COMMISSIONER OF INCOME TAX OFFICER, CENTRAL CIRCLE, DEHRADUN

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

54,530/- was found. The assessee was able to explain the found cash out of withdrawals made from his bank account to the tune of Rs.4,12,000/-. The remaining sum of Rs.23,42,530/- become unexplained for the period 01.04.2016 to 01.12.2016 (date of search). The assessee based on this worked out the unaccounted income at Rs.74

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

disallowances aggregating to Rs.34,20,777/- under section 14A and 40A(3) of the Act. With respect to non-genuine sundry creditors, the Ld. CIT(A) deleted the addition of Rs.11,54

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

disallowances aggregating to Rs.34,20,777/- under section 14A and 40A(3) of the Act. With respect to non-genuine sundry creditors, the Ld. CIT(A) deleted the addition of Rs.11,54

SH. AROON KUMAR SINHA,DEHRADUN vs. ITO, WARD-1(1), DEHRADUN

Appeal is allowed for statistical purposes

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2015-16 Sh. Aroon Kumar Sinha, Vs. Income Tax Officer, 1, Army Office Enclave, Ward-1(1), Laxmipur Po, Umedpur, Dehradun Dehradun, Uttarakhand Pan :Aidps7458R (Appellant) (Respondent) Assessee By None Department By Sh. A.S. Rana, Sr. Dr Date Of Hearing 17.03.2025 Date Of Pronouncement 23.04.2025 Order

54 deduction (originally raised) and latter on sought under section 54F of the Act; for want of a revised return, in light of Goetze India Ltd. Vs. CIT, (2006) 284 ITR 323 (SC), in the course of assessment framed on 28.12.2017 and upheld in the lower appellate discussion. This is what leaves the assessee aggrieved. 4. Mr. Rana vehemently argues

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

disallowed, the amount capitalised by the appellant should be allowed as deduction under section 37(1) of the Act in the relevant assessment year. 53. The ld. CIT DR has no objection for the above issue to be set aside to ld. AO/TPO. 54

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

disallowed, the amount capitalised by the appellant should be allowed as deduction under section 37(1) of the Act in the relevant assessment year . 53 . The ld . CIT DR has no objection for the above issue to be set aside to ld . AO/TPO. 54

RAKESH KUMAR JAIN,DEHRADUN vs. DCIT, DEHRADUN

Appeal of the assessee is allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

54-Hardwar Road, Circle-2, Dehradun Dehradun (APPELLANT) (RESPONDENT) (PAN : ABMPJ4979N) Assessee by : None Revenue by : Sh. T.S. Mapwal, Sr. DR Date of Hearing: 08.11.2021 Date of Pronouncement: .11.2021 O R D E R PER BENCH : Both appeals have been filed by the assessee against the order of the ld. CIT(A)-Haldwani, dated 24.01.2017 & 23.03.2017 respectively. 2. Following grounds

RAKESH KUMAR JAIN,DEHRADUN vs. DCIT, DEHRADUN

Appeal of the assessee is allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

54-Hardwar Road, Circle-2, Dehradun Dehradun (APPELLANT) (RESPONDENT) (PAN : ABMPJ4979N) Assessee by : None Revenue by : Sh. T.S. Mapwal, Sr. DR Date of Hearing: 08.11.2021 Date of Pronouncement: .11.2021 O R D E R PER BENCH : Both appeals have been filed by the assessee against the order of the ld. CIT(A)-Haldwani, dated 24.01.2017 & 23.03.2017 respectively. 2. Following grounds

SAHKUMBARI ASSOCIATES,DEHRADUN vs. ACIT, CIRCLE-2, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.261/Del/2018 िनधा"रणवष"/Assessment Year: 2014-15 बनाम Sahkumbari Associates, Acit Vs. C/O Matta Garg & Co., Circle-2, 15, Astley Hall, Dehradun. Dehradun, Uttarakhand. Pan No. Aagas1127F अपीलाथ" Appellant ""यथ"/Respondent

54 of the Act. This is evident from the computation of total income placed at page No. 3 of the paper book. The notice under Section 143(2) of the Act dated 20.09.2016 title limited scrutiny’ categorically states that the issue of deduction claimed under the head capital gains have been identified for examination. Admittedly, no such adjustment

HIMANSHU SHUKLA,RUDRAPUR vs. THE ASSISTANT DIRECTOR OF INCOME TAX , BANGALORE

In the result, appeal of the assessee is dismissed

disallowance made on account of employee’s contribution to Provident Fund and Employee State Insurance in the facts and circumstances of the instant case. 4. We have heard rival submissions and perused the materials available on record. This issue is no longer res integra in view of the decision of the Hon’ble Supreme court in the case of Checkmate

M/S. THDC INDIA LIMITED,RISHIKESH vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2017-18] M/S. Thdc India Ltd. Vs Pcit Ganga Bhawan, Aaykar Bhawan, Pragatipuram, Bye Pass 13 A, Subhash Road, Road, Rishikesh, Uttarakhand Uttarakhand-249201 Pan-Aaact7905Q Appellant Respondent Assessee By Shri Jeetan Nagpal, Ca Shri Sanjay Arora, Ca & Ms. Pallavi, Ca Revenue By Ms. Poonam Sharma, Cit Dr Date Of Hearing 08.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 27.03.2022 By Ld. Pr. Commissioner Of Income Tax, Dehradun [“Ld. Pcit”] Passed U/S 263 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 30.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Joint Venture Company Of Government Of India & Government Of Uttar Pradesh & Engaged In The Business Of Generation & Supply Of Hydro- Electric As Well As Wind Power & Also Engaged In Construction Of Hydro Power Plants. The Return Of Income Was Filed On 30.10.2017, Declaring Total Income Of Inr 6,84,04,420/- After Claiming Deduction U/S 80-Ia Of The Act Of Inr 948,40,76,282/-. The Book Profits Was Shown At Inr 7,84,96,09,382/- & Mat Of Inr 1,67,52,32,236/- Was Paid. The Case Of The Assessee Was Selected For Scrutiny & After Considering The Submissions Made, Total Income Was Assessed At Inr 4,63,78,80,698/- By Making Disallowance Out Of Deduction Claimed U/S 80-Ia Of The Act To The Extent Of Inr 211,15,54,378/- & Further Making Addition Of Inr 245,79,21,900/- On Account Of Late Payment Surcharge On Outstanding Debtors For The Period Of 10 Months Holding The Same As Taxable On Accrual Basis & No Deduction U/S 80Ia Was Allowed On Such Addition.

disallowance out of deduction claimed u/s 80-IA of the Act to the extent of INR 211,15,54,378/- and further making addition of INR 245,79,21,900/- on account of late payment surcharge on outstanding debtors for the period of 10 months holding the same as taxable on accrual basis and no deduction u/s 80IA was allowed

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), DEHRADUN, DEHRADUN vs. STONEFIELD CONSTRUCTION, DEHRADUN, DEHRADUN

In the result, appeal of the Revenue is partly allowed

54,06,730/- which includes the additional income of INR 3.89 crores declared on account of difference in closing stock and INR 1.79 crores on account of cash payment u/s 40A(3) of the Act, as admitted during the course of survey conducted u/s 133A of the Act on 13.10.2023 at the business premises of Bharat Construction Group of which

KOMA SINGHAL,DEHRADUN vs. DCIT/ACIT CEN CIR, DEHRADUN

In the result, Appeal of the Assessee is allowed

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

disallowing the cost of improvement to an extent of Rs. 2,00,000/- only on the ground that, one party Mr. Saeed Ahmad did not provide his confirmation against the enquiry letter issued u/s 133(6) of the Act by the Ld. CIT(A). The Ld. Counsel further submitted that the Assessee had provided all the documentary evidences which have

ASSITANT COMMISSIONER OF INCOME TAX , DEHRADUN vs. POWER MACHINES, NEW DELHI

In the result, appeal preferred by the revenue is dismissed

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

54,699/- by considering 25% of total foreign exchange fluctuation gain of Rs. 3,018,797/- as reported in the profit & loss account as fee for technical services. In addition, the Ld. AO made an addition of Rs 103,791,582/- being remittance received from the head office for execution of project and incurring expenses in India as introduction

SANJAY BANSAL,NEW DELHI vs. DCIT CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Challa Nagendra Prasad

section 153A of the Act is illegal and liable to be quashed. The DCIT Central Circle, Dehradun was not competent to pass the Assessment Order as the order u/s 127 was not valid and legal order. 28. That the order of the Ld CIT(A) in confirming the assessment is based on misconceived and erroneous assumption and on non- existent

SANJAY BANSAL,DEHRADUN vs. DCIT CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Challa Nagendra Prasad

section 153A of the Act is illegal and liable to be quashed. The DCIT Central Circle, Dehradun was not competent to pass the Assessment Order as the order u/s 127 was not valid and legal order. 28. That the order of the Ld CIT(A) in confirming the assessment is based on misconceived and erroneous assumption and on non- existent