ACIT, CIRCLE-7(1) vs. SYSTEM AMERICA INDIA LTD.,,

In the result, appeal of the assessee is partly allowed and that of the Department is dismissed

Bench: Shri N.K. Saini & Shri Kuldip Singh

Section 35D of the Act, the preliminary expenses incurred can be amortized if those expenses are incurred in connection with the expansion of the business or before the commencement of the business. We, therefore, in the absence of the clear facts on record and considering this vital fact that whether the details were available to the AO relating to those

DCIT, CIRCLE 22(2), NEW DELHI, NEW DELHI vs. SAHIL VACHANI, DELHI

Appeal of the Revenue stands dismissed

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Vikas Awasthy& Shriavdhesh Kumar Mishraआअसं.2604/िद"ी/2023(िन.व. 2016-17)

35D of the Act to a finance company is ex facie inadmissible as that is confined only to the existing industrial undertaking for their extension or for setting up a new industrial unit. It was, thus, not a 'wrong claim' preferred by the assessee, but is a clear case of 'false claim'. In CIT v. Vidyagauri Natverlal

VNG AUTOMOTIVE P. LTD. vs. ASSTT. COMMISSIONER OF INCOME

The appeals are disposed of as allowed

35D of the Act is a specific and restrictive provision which permits amortisation of certain preliminary expenses only when the statutory conditions are strictly fulfilled, and the onus lies on the assessee to demonstrate such compliance. 40. He seeks dismissal of these appeals. ANALYSIS 41. Having heard the learned counsel for the parties and perused the record, we note that

ACIT, CIRCLE- 19(2), NEW DELHI vs. PC JEWELLERS LTD., DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 6649/Del/2017 : Asstt. Year : 2013-14 Ita No. 6650/Del/2017 : Asstt. Year : 2014-15 Acit, Vs Pc Jewellers Ltd., Circle-19(2), C-54, Preet Vihar, New Delhi New Delhi-110092 (Appellant) (Respondent) Pan No. Aadcp5443Q Co No. 68/Del/2020 : Asstt. Year : 2013-14 Co No. 74/Del/2020 : Asstt. Year : 2014-15 Pc Jewellers Ltd., Vs Acit, C-54, Preet Vihar, Circle-19(2), New Delhi-110092 New Delhi (Appellant) (Respondent) Pan No. Aadcp5443Q Assessee By : Sh. S. S. Nagar, Ca Revenue By : Sh. Hemant Gupta, Sr. Dr Date Of Hearing: 25.11.2021 Date Of Pronouncement: 07.12.2021

TDS on bank charges. Ld. CIT (A) placed reliance on the binding decision of the Jurisdictional High Court in CIT vs. JDS Apparels (P) Ltd. (supra), wherein it was held as follows: “17. Another reason why we feel Section 40(a)(ia) of the Act should not have been invoked in the present case is the principle of doubtful penalization

ACIT, CIRCLE- 19(2), NEW DELHI vs. PC JEWELLERS LTD., DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 6649/Del/2017 : Asstt. Year : 2013-14 Ita No. 6650/Del/2017 : Asstt. Year : 2014-15 Acit, Vs Pc Jewellers Ltd., Circle-19(2), C-54, Preet Vihar, New Delhi New Delhi-110092 (Appellant) (Respondent) Pan No. Aadcp5443Q Co No. 68/Del/2020 : Asstt. Year : 2013-14 Co No. 74/Del/2020 : Asstt. Year : 2014-15 Pc Jewellers Ltd., Vs Acit, C-54, Preet Vihar, Circle-19(2), New Delhi-110092 New Delhi (Appellant) (Respondent) Pan No. Aadcp5443Q Assessee By : Sh. S. S. Nagar, Ca Revenue By : Sh. Hemant Gupta, Sr. Dr Date Of Hearing: 25.11.2021 Date Of Pronouncement: 07.12.2021

TDS on bank charges. Ld. CIT (A) placed reliance on the binding decision of the Jurisdictional High Court in CIT vs. JDS Apparels (P) Ltd. (supra), wherein it was held as follows: “17. Another reason why we feel Section 40(a)(ia) of the Act should not have been invoked in the present case is the principle of doubtful penalization

ACIT, NEW DELHI vs. M/S OXIGEN SERVICES INDIA PVT. LTD.,, DELHI

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

Bench: Shri O.P. Kant & Shri K.N. Chary[Through Video Conferencing] Assessment Year: 2007-08

TDS on the impugned payments, it is held that the said expenditure is incurred wholly and exclusively for the business purpose and is allowable under the provisions of section 37(1) of the Act. The addition of Rs.9,37,061/- made by the AO is directed to be deleted. These grounds of appeal are ruled in favour of the appellant

LT FOODS LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri N.K. Billaiya & Shri Yogesh Kumar U.S

TDS. 13. That all the above grounds are independent to each other and mutually exclusive.” 5. The representatives of both the sides were heard at length, the case records carefully perused and with the assistance of the ld. Counsel, we have considered the documentary evidences brought on record in the form of Paper Book in light of Rule

DIVYA CREATION,NOIDA vs. PR.CIT, NOIDA

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2013-14 M/S. Divya Creation, Vs. Pr. Cit, Plot No. 97, Nsez, Noida Aayakar Bhawan, A2 D- Block, Sector 24, Noida Pan :Aadfd4879K (Appellant) (Respondent)

TDS, the Ld. DR submitted that Assessing Officer has allowed excess deduction as compared to allowable deduction as per Auditor’s Report in form No. 56F and which requires examination. On the issue related to deduction under section 10A on interest income of Rs.66,68,296/- earned on various FDR’s is concerned, the Ld. DR submitted that

ACIT, NEW DELHI vs. M/S. BARISTA COFFEE COMPANY LTD., NEW DELHI

In the result cross objection filed by the assessee is allowed

Bench: Smt Suchitra Kamble & Shri Prashant Maharishiacit, Barista Coffee Company Ltd, Circle-2(1), Room No. 398D, Shop No. 55, Community Centre, Vs. Cr Building, New Delhi Basant Lok Market, Vasant Vihar, New Delhi Pan:Aabcb798A (Appellant) (Respondent)

35D of the Act. Further, the assessee had claimed and allowed TDs amounting to Rs. 580906/- from its receipt of intt rent advertisement and contract. On perusal of the P&L A/cs of the assessee, it is noticed that the assessee had shown interest income of Rs. 2455504/- only, whereas as per TDS certificate (Forms 16A) total contractual receipt from

DCIT, NEW DELHI vs. M/S. VATIKA LTD., NEW DELHI

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

section 133(6) of the Act by the AO remained unanswered and bills issued by the payees and details of transactions in respect of brokerage and commission payments have been made, the expenses cannot be disallowed. Moreover, assessee has given confirmation from both the aforesaid parties along with bank statement available at pages 373 to 376 of the paper book

VATIKA LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

section 133(6) of the Act by the AO remained unanswered and bills issued by the payees and details of transactions in respect of brokerage and commission payments have been made, the expenses cannot be disallowed. Moreover, assessee has given confirmation from both the aforesaid parties along with bank statement available at pages 373 to 376 of the paper book

M/S HOUSING & URBAN DEVLOPMENT CORPORATION LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

35D of the Act, the claim can be examined under Section 37 of the Act. The AO will examine the case afresh and decide the issue as per law after affording the assessee an opportunity of being heard. Refer page no.9 of ITAT order dated 31.08.2007. However, for assessment year 2004-05 the CIT, Appeal-XII, in appeal No. 71/07-08

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

35D of the Act, the claim can be examined under Section 37 of the Act. The AO will examine the case afresh and decide the issue as per law after affording the assessee an opportunity of being heard. Refer page no.9 of ITAT order dated 31.08.2007. However, for assessment year 2004-05 the CIT, Appeal-XII, in appeal No. 71/07-08

ACIT, NEW DELHI vs. M/S. HOUSING & URBAN DEVELOPMENT CORP. LTD. (HUDCO), NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

35D of the Act, the claim can be examined under Section 37 of the Act. The AO will examine the case afresh and decide the issue as per law after affording the assessee an opportunity of being heard. Refer page no.9 of ITAT order dated 31.08.2007. However, for assessment year 2004-05 the CIT, Appeal-XII, in appeal No. 71/07-08

ACIT, NEW DELHI vs. M/S. HOUSING & URBAN DEVELOPMENT CORP. LTD. (HUDCO), NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

35D of the Act, the claim can be examined under Section 37 of the Act. The AO will examine the case afresh and decide the issue as per law after affording the assessee an opportunity of being heard. Refer page no.9 of ITAT order dated 31.08.2007. However, for assessment year 2004-05 the CIT, Appeal-XII, in appeal No. 71/07-08

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD (HUDCO),NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

35D of the Act, the claim can be examined under Section 37 of the Act. The AO will examine the case afresh and decide the issue as per law after affording the assessee an opportunity of being heard. Refer page no.9 of ITAT order dated 31.08.2007. However, for assessment year 2004-05 the CIT, Appeal-XII, in appeal No. 71/07-08

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

35D of the Act, the claim can be examined under Section 37 of the Act. The AO will examine the case afresh and decide the issue as per law after affording the assessee an opportunity of being heard. Refer page no.9 of ITAT order dated 31.08.2007. However, for assessment year 2004-05 the CIT, Appeal-XII, in appeal No. 71/07-08

M/S HOUSING & URBAN DEVLOPMENT CORPORATION LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

35D of the Act, the claim can be examined under Section 37 of the Act. The AO will examine the case afresh and decide the issue as per law after affording the assessee an opportunity of being heard. Refer page no.9 of ITAT order dated 31.08.2007. However, for assessment year 2004-05 the CIT, Appeal-XII, in appeal No. 71/07-08