STRYTON EXIM INDIA P.LTD,NEW DELHI vs. ITO, WARD-24(2), NEW DELHI

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

Bench: Shri Kuldip Singh & Shri Prashant Maharishisa No. 665/Del/2018 (In Ita No. 5982/Del/2018) (Assessment Year: 2014-15) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent)

TDS or TCS or advance tax needs to be reduced by the amount of tax claimed as refund under the IT A; v. any amount representing provisions made for meeting liabilities, other than ascertained liabilities; ITA No 5982 Del 2018 AY 2014 15 Strton Exim P Ltd Alongwith stay 665 Del 2018 36 vi. any amount representing contingent liabilities other

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

viia)(II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

viia)(II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

viia)(II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility

CONVERGYS INDIA SERVICES PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 4(2), NEW DELHI

In the result, the appeal of the assessee is allowed and the Stay Application of the assessee is dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 782/Del/2021 : Asstt. Year : 2016-17 & Sa No. 132/Del/2021 : Asstt. Year : 2016-17 Convergys India Services Pvt. Ltd., Vs Dcit, Industrial Plot No. 243, Tower-A, Circle-4(2), 3Rd, 4Th, 5Th 1St & Tower-B, New Delhi 2Nd 5Th Ground & Floors, Sp Infocity, Udyog Vihar, Gurgaon, Haryana-122001 (Appellant) (Respondent) Pan No. Aabcc5056G Assessee By : Sh. K. M. Gupta, Adv. & Ms. Shruti Khimta, Ar Revenue By : Sh. Mahesh Shah, Cit Dr & Sh. Mrinal Kumar Das, Sr. Dr Date Of Hearing: 20.07.2022 Date Of Pronouncement: 01.08.2022

section 56(2)(viia) of the Act which by no stretch of imagination can be equated to the fair market value of the shares. 7. That on the facts and in the circumstances of the case and in law, the Ld. DRP erred in not granting the deduction of ‘education cess’ and ‘secondary and higher education cess’ (‘education cess

YOUNG INDIAN,NEW DELHI vs. ACIT(E), NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Amit Shukla(Through Video Conference)

56(2)(viia) that governs the taxation of receipts of shares of a company, the AO could not have invoked Section 28(iv) of the Act in respect of such transaction. WITHOUT PREJUDICE TO GROUNDS NO. I TO VI GROUND NO. VII: REFERENCE TO THE DEPARTMENTAL VALUATION OFFICER ("DVO") BEYOND THE SCOPE OF SECTION 142A

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

56,87,056 Volume – VIIA – basis of POCM Working for 8 VIID projects Page 4 of 144 16. TOR – 15 & 20 Reclassification of Income 321 326 8,15,68,758 Volume – VIII from House property Reconciliation of rental 326 329 4,49,85,573 income with TDS Certificate Notional Income from House 330 346 3,27,52,542 properties

ACIT, NEW DELHI vs. M/S DLF LTD., NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

56,87,056 Volume – VIIA – basis of POCM Working for 8 VIID projects Page 4 of 144 16. TOR – 15 & 20 Reclassification of Income 321 326 8,15,68,758 Volume – VIII from House property Reconciliation of rental 326 329 4,49,85,573 income with TDS Certificate Notional Income from House 330 346 3,27,52,542 properties

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

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.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

DCIT, CIRCLE - 19(1), DELHI vs. PUNJAB NATIONAL BANK, MAHARASHTRA

In the result, appeal of assessee in ITA No

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

viia). 7. With respect to the ground relating to the applicability of provisions of section 115JB, the ld AR stated that the provisions of the section 115JB was not applicable to them. 8. Per contra, the ld. DR relied on the orders of the authorities below. 9. We have heard the rival submissions and have perused the relevant material

PUNJAB NATIONAL BANK,DELHI vs. DCIT, CIRCLE-19(1), DELHI

In the result, appeal of assessee in ITA No

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

viia). 7. With respect to the ground relating to the applicability of provisions of section 115JB, the ld AR stated that the provisions of the section 115JB was not applicable to them. 8. Per contra, the ld. DR relied on the orders of the authorities below. 9. We have heard the rival submissions and have perused the relevant material