LAND ACQUISTION OFFICE,GURGAON vs. DCIT (TDS), GURGAON

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

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

194A will not be attracted. 7.2 It has also been urged in the additional grounds that interest on enhanced compensation under section 28 of LA Act, being an integral part of consideration is exempt from capital gains

LAND ACQUISTION OFFICE,GURGAON vs. DCIT (TDS), GURGAON

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

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

194A will not be attracted. 7.2 It has also been urged in the additional grounds that interest on enhanced compensation under section 28 of LA Act, being an integral part of consideration is exempt from capital gains

ACIT CIRCLE-28(1), NEW DELHI vs. MODESTY GARMENTS, NEW DELHI

In the result, the appeal of the Revenue stands dismissed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2014-15 Acit Vs. M/S Modesty Garments, Circle-28(1), B-304, New Friends Colony, New Delhi. New Delhi – 110 065 Pan Aaafm1598F (Appellant) (Respondent)

capital gain of Rs. 206,25,643/- as computed by AO in remand report ignoring the fact that assessee failed to substantiate the claim?” 3. The cross objection filed by the assessee is in support of the order of the Ld. CIT(A). 4. Facts in brief are that the assessee is a firm of six partners engaged

VACHASPATI SHARMA,GURGAON vs. ITO WARD -4(1), GURGAON

In the result, the appeal of the assessee is dismissed

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2019-20 Vachaspati Sharma Vs Ito Village – Hayatpur Garhi Ward-4 Harsaru, Hayatpur, Gurgaon Gurgaon Pan No.Fnqps2021R (Appellant) (Respondent) Appellants By Sh. Suraj Bhan Nain, Advocate Sh. K.L. Pahwa, Advocate Respondent By Ms. Sapna Bhatia, Cit Dr Date Of Hearing: 11/09/2024 Date Of Pronouncement: 21/11/2024 Order Sh. Sudhir Kumar, Jm :

gain arising from compulsory acquisition of agricultural land being capital asset is exempt from tax u/s 10(37) of the Act. 7. It is submitted that where an agricultural land is acquired for public purposes by the Government, the Land Acquisition Authority (Collector) award compensation to the landowner under the Land Acquisition Act. In cases, where a landowner files reference

LAND ACQUISITION OFFICE,GURGAON vs. DCIT, (TDS), GURGAON

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2013-14 Vs. Dcit (Tds), Land Acquisition Officer, Huda Complex, Sector-14, Gurgaon Gurgaon Pan :Rtklo0706G (Appellant) (Respondent) Assessee By None Department By Ms. Jaya Choudhary, Cit(Dr)

194A will not be attracted. 7.2 It has also been urged in the additional grounds that interest on enhanced compensation under section 28 of LA Act, being an integral part of consideration is exempt from capital gains

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

Bench: Shri Amit Shukla & Shri L.P. Sahu

194A. In any case, once amount decreed by Arbitral Tribunal, it is a kind of a judgment debt and overrides the provisions of Income Tax Act; and in support, he relied upon the following judgments:- 1. Islamic Investment Co. v. UOI [2004] 265 ITR 254 (Bom.) I.T.A. No.2126 & 2749/DEL/2013 16 2. Madhusudan Shrikrishna v. Emkay Exports [2010] 188 Taxman

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

Bench: Shri Amit Shukla & Shri L.P. Sahu

194A. In any case, once amount decreed by Arbitral Tribunal, it is a kind of a judgment debt and overrides the provisions of Income Tax Act; and in support, he relied upon the following judgments:- 1. Islamic Investment Co. v. UOI [2004] 265 ITR 254 (Bom.) I.T.A. No.2126 & 2749/DEL/2013 16 2. Madhusudan Shrikrishna v. Emkay Exports [2010] 188 Taxman

DIRECTOR OF NCOME TAX-1 vs. M/S HUAWEI TECHNOLOGIES CO. LTD.

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MS. JUSTICE DEEPA SHARMA

194A which contains exceptions. The Revenue also disputes that GNOIDA performs any sovereign functions and reiterates that the amounts paid by the petitioners are rent, no more, no less and therefore, subjected to tax deduction. The Revenue also relies on the judgment of the Allahabad High Court in New Okhla Industrial Development Authority v. Chief Commissioner of Income Tax, Meerut

M/S. ABHISHEK JAIN,DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava[Assessment Year: 2009-10] Mr. Abhishek Jain Vs. The A.C.I.T 20/7, Rajpur Road, Circle 35(1) Delhi-110054 New Delhi Pan : Ajepj 3136 F [Appellant] [Respondent] Date Of Hearing : 07.11.2017 Date Of Pronouncement : 20.11.2017 Assessee By : Shri K. Sampath, Adv Shri V. Rajakumar, Adv Revenue By : Shri S.K. Jain, Sr. Dr

section 234 B of the Income Tax Act. The appellant craves leave to add, alter, amend, modify or withdraw all or any of the above grounds of appeal at any time on or before the hearing as may be advised.” 2. The relevant facts of the case are that the assessee had purchased 10 Bonds of Sardar Sarover Nigam

SATISH KUMAR DHINGRA ,HARYANA vs. ACIT CIRCLE-4(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

194A. Earlier while filing the Original Return, the Interest received on Enhanced Compensation was offered for taxation under section 56 (2)(viii) in income from other sources and 50% deduction was claimed as per Section 57(iv) but later on there was judgment of Hon‟ble Supreme Court in the case of Union of India Vs. Hari Singh and others

ASHOK KUMAR DHINGRA ,GURGAON vs. ACIT CIRCLE-1(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

194A. Earlier while filing the Original Return, the Interest received on Enhanced Compensation was offered for taxation under section 56 (2)(viii) in income from other sources and 50% deduction was claimed as per Section 57(iv) but later on there was judgment of Hon‟ble Supreme Court in the case of Union of India Vs. Hari Singh and others

SUBHASH CHAND DHINGRA ,GURGAON vs. ACIT CENTRAL CIRCLE-3(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

194A. Earlier while filing the Original Return, the Interest received on Enhanced Compensation was offered for taxation under section 56 (2)(viii) in income from other sources and 50% deduction was claimed as per Section 57(iv) but later on there was judgment of Hon‟ble Supreme Court in the case of Union of India Vs. Hari Singh and others

M/S EXPEDITORS INTERNATIONAL (INDIA) PVT LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

capital expenditure in real sense, the same can be treated as allowable revenue expenditure. The ground of the assessee is treated as allowed. ITA No. 5538/Del/2018 A.Y. 2012-13(Ground No. 3) Disallowance u/s 40(a)(ia): 35. The contention of the assessee that the AO had erred in disallowing bank guarantee commission charges and cash management charges under section

ACIT, CIRCLE-8(2), NEW DELHI vs. EXPENDITORS INTERNATIONAL (INDIA) PVT. LTD.,, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

capital expenditure in real sense, the same can be treated as allowable revenue expenditure. The ground of the assessee is treated as allowed. ITA No. 5538/Del/2018 A.Y. 2012-13(Ground No. 3) Disallowance u/s 40(a)(ia): 35. The contention of the assessee that the AO had erred in disallowing bank guarantee commission charges and cash management charges under section

EXPEDITORS INTERNATIONAL (INDIA) PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-7(1), NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

capital expenditure in real sense, the same can be treated as allowable revenue expenditure. The ground of the assessee is treated as allowed. ITA No. 5538/Del/2018 A.Y. 2012-13(Ground No. 3) Disallowance u/s 40(a)(ia): 35. The contention of the assessee that the AO had erred in disallowing bank guarantee commission charges and cash management charges under section

ACIT, CIRCLE-8(2), NEW DELHI vs. EXPENDITORS INTERNATIONAL (INDIA) PVT. LTD., NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

capital expenditure in real sense, the same can be treated as allowable revenue expenditure. The ground of the assessee is treated as allowed. ITA No. 5538/Del/2018 A.Y. 2012-13(Ground No. 3) Disallowance u/s 40(a)(ia): 35. The contention of the assessee that the AO had erred in disallowing bank guarantee commission charges and cash management charges under section

ACIT, NEW DELHI vs. M/S. EXPENDITORS INTERNATIONAL (INDIA) PVT. LTD.,, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

capital expenditure in real sense, the same can be treated as allowable revenue expenditure. The ground of the assessee is treated as allowed. ITA No. 5538/Del/2018 A.Y. 2012-13(Ground No. 3) Disallowance u/s 40(a)(ia): 35. The contention of the assessee that the AO had erred in disallowing bank guarantee commission charges and cash management charges under section

EXPEDITORS INTERNATIONAL (INDIA) PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-7(1), NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

capital expenditure in real sense, the same can be treated as allowable revenue expenditure. The ground of the assessee is treated as allowed. ITA No. 5538/Del/2018 A.Y. 2012-13(Ground No. 3) Disallowance u/s 40(a)(ia): 35. The contention of the assessee that the AO had erred in disallowing bank guarantee commission charges and cash management charges under section