INSTITUTE OF CLINICAL RESEARCH INDIA SOCIETY,DEHRADUN vs. CIT(A), DEHRADUN

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2012-13 Institute Of Clinical Research Vs. Commissioner Of Income India Society, Tax (Appeals), 1St Floor, Building No.1, Dehradun Treenetra Vihar, Near Kargt Chowk, Dehradun Pan :Aabai3710P (Appellant) (Respondent) Assessee By None Department By Sh. Amar Pal Singh, Sr. Dr

6. Contrary to this, learned Senior DR submitted that provisions of TDS are applicable to all the assessees amount deducted and any non-deduction of TDS will amount to disallowance of the claim of the payment in view of the provision of Section

ACIT, CIRCLE- 2, DEHRADUN vs. RAJESH BALLABH, DEHRADUN

In the result appeal of the Revenue is dismissed

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

disallowance under section 40(a)(ia) of the Act. We have gone through the reasoning given by the Ld. CIT(A) on this aspect. We have also noticed the amendment made to section 194C (6

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

Disallowance of interest under section 14A. (v) Taxability of contract receipt of Rs.8,19,265/- on accrual basis 4. The facts of the case giving rise to these appeals are that the assessee, a Government Corporation, filed its Income Tax Returns (hereinafter, the ‘ITR’) of AYs 2012-13 and 2013-14 declaring tentative losses of (-) Rs.76,05,926/- and (-) Rs.20

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

Disallowance of interest under section 14A. (v) Taxability of contract receipt of Rs.8,19,265/- on accrual basis 4. The facts of the case giving rise to these appeals are that the assessee, a Government Corporation, filed its Income Tax Returns (hereinafter, the ‘ITR’) of AYs 2012-13 and 2013-14 declaring tentative losses of (-) Rs.76,05,926/- and (-) Rs.20

M/S. ALLIED GLASSES,ROORKEE vs. PR. CIT, DEHRADUN

In the result, appeal is allowed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganeshassessment Year: 2012-13 Allied Glasses, C/O Tilak Raj & Versus Principal Cit, Associates, Gandhi Vatika, Dehradun Roorkee. Pan: Aamfa7220L (Appellant) (Respondent) Assessee By : Sh. Tilak Raj, Advocate Revenue By : Sh. N.S. Jangpangi, Cit/Dr Date Of Hearing : 19.06.2023 Date Of Pronouncement: 23.06.2023 Order Assessee Has Filed The Present Appeal, Assailing The Order

section 80IC of the Act. After detailed enquiry on the issue, the Assessing Officer has disallowed 6 | P a g e assessee

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(1), DEHRADUN, DEHRADUN vs. THDC INDIA LIMITED, TEHRI

In the result, the appeal of the Revenue is dismissed as above

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishra

disallowance of claim of deduction of under section 80IA of the Act on the income derived from the excess provisions written back and the late payment surcharges on debtors was squarely covered by the decision of the Tribunal in the assessee’s own cases for AYs 2008-09 to 2015-16 as mentioned in grounds of appeal; hence, this appeal

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

6. Mr. Vinay Garg, the learned counsel for the appellant, would argue that the provisions of the Bihar Industrial Area Development Authority Act, 1974, in particular Section 17, is distinct from the provisions of Section 58 of the U.P. Urban, Planning & Development Act, 1973, as applicable to the State of Uttarakhand. It is also argued that the amount received

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

6. Mr. Vinay Garg, the learned counsel for the appellant, would argue that the provisions of the Bihar Industrial Area Development Authority Act, 1974, in particular Section 17, is distinct from the provisions of Section 58 of the U.P. Urban, Planning & Development Act, 1973, as applicable to the State of Uttarakhand. It is also argued that the amount received

ITO, WARD-1(3)(2), NEW DELHI vs. LAXMI ELECTRONICS, , HARIDQAR

In the result, appeal is dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganeshassessment Year: 2009-10 Income-Tax Officer, Versus Laxmi Electronics, F-32, Ward 1(3)(2), New Delhi. Industrial Area, Haridwar. Pan:Aacfl6648R (Appellant) (Respondent) Assessee By : None Revenue By : Sh. A.S. Rana, Sr. Dr Date Of Hearing : 22.06.2023 Date Of Pronouncement: 22.06.2023 Order This Is An Appeal By The Revenue Against Order Dated 31.01.2017 Of Learned Commissioner Of Income-Tax (Appeals), Agra (Camp At Dehradun) For The Assessment Year 2009-10. 2. In Ground No.1, The Revenue Has Challenged Deletion Of Addition Of Rs.2,57,71,163/- On Account Of Unconfirmed Purchases.

6. In ground No.2, Revenue has challenged reduction of disallowance made by the Assessing Officer under section 40(a)(ia) of the Act. 7. Briefly

LAKSAR CO OPERATIVE CANE DEV. UNION LTD.,LAKSAR vs. ITO, W- 1(3)(4), ROORKEE, ROORKEE

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

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishra

disallowance of deduction under section 80P of the Act cannot be made under section 143(1) of the Act and (ii) the case laws relied upon by the assessee even after extracting the assessee’s written submission in the impugned order. 6

KSHIPRA DHAWAN,SAHARANPUR vs. DCIT CEN CIR DDN, DEHRADUN

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

Bench: Shri Vimal Kumar & Shri Brajesh Kumar Singh

section 250(6) of the Income Tax Act and holding first appellate proceedings not in a faceless manner.” 5. The ld. AR made following three propositions for the deletion of disallowance

KSHIPRA DHAWAN,SAHARANPUR vs. DCIT CEN CIR DDN, DEHRADUN

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

Bench: Shri Vimal Kumar & Shri Brajesh Kumar Singh

section 250(6) of the Income Tax Act and holding first appellate proceedings not in a faceless manner.” 5. The ld. AR made following three propositions for the deletion of disallowance

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

6: Disallowance of branch office expenditure 6.1 The learned AO / DRP erred in law and in facts in disallowing the branch office expenditure of Rs.8,97,41,305 by treating it as pre-operative in nature. 6.2 The learned AO / DRP erred in not appreciating that the said expenditure was incurred wholly and exclusively for the purpose of the Appellant

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

6: Disallowance of branch office expenditure 6.1 The learned AO / DRP erred in law and in facts in disallowing the branch office expenditure of Rs.8,97,41,305 by treating it as pre-operative in nature. 6.2 The learned AO / DRP erred in not appreciating that the said expenditure was incurred wholly and exclusively for the purpose of the Appellant

REENA VERMA,HARIDWAR vs. ITO, WARD-1(3)(5), ROORKEE

In the result, the appeal of the assessee stands partly allowed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

section 40A (3) of the Act is wholly in applicable to the facts of the appellant since payments were covered under Rule 6DD of the Income Tax Rules and as such disallowance sustained is contrary to law and facts and hence untenable. 3.2 That the learned Commissioner (Appeals) of Income Tax has upheld the disallowance by disregarding the conduct

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

section 115BBE of the Act of getting taxed at a higher rate, the assessee chose to file revised return on 13.12.2018, wherein, the assessee distributed the additional income of Rs.74,96,096/- to all the assessment years commencing from assessment years 2011-12 to 2017-18. Accordingly, the additional income offered by him in the revised return filed

U C JAIN & SONS,HARIDWAR vs. ITO, WARD- 3, HARIDWAR

In the result, the appeal is allowed for statistical purposes

Bench: Dr. B.R.R. Kumar & Sh. Yogesh Kumar U.S.Assessment Year: 2012-13 Uc Jain & Sons, Vs Ito, Ward-3, C/O M/S. Rishabh Velveleen Ltd., Haridwar. 9Th Km. Haridwar Delhi Road, Jwalapur, Haridwar. (Appellant) (Respondent) Pan No. Aaahu1616A

6. The Assessee had claimed deduction under section 80IB(10) of the Act, but not produced any documents to show that the Assessee has completed the project and delay in obtaining the completion certificate was only on account of internal working of the local authority. The Ld AO has disallowed

MB PETROLEUM SERVICES LLC,MUMBAI vs. DDIT, DEHRADUN

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

Bench: Shri Saktijit Dey & Shri M. Balaganeshmb Petroleum Services Llc, Vs. Ddit, Kirtane & Pandit, H-16, Circle-1, Saraswati Colony, Sitaldevi International Taxation, Temple Road, Mahim, Dehradun Mumbai (Appellant) (Respondent) Pan: Aaecm2604H

6. That the AO has grossly erred in making disallowance of Rs 9,41,400/- on account of purchase of chemicals. 7. That the AO and DRP have grossly erred on facts and in law in making disallowance of Rs 39,86,242/- on account of disallowance of salary of Kameshwar Shukla. 8. That the AO and DRP have grossly