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 of the Income Tax Act is not applicable on the transaction on payments made under section 28 of the Land Acquisition Act, 1894, the question of obtaining PAN number from agriculturists does not arise at all. Therefore in the light of above mention provisions and facts, demand of Rs. 52,18,90,623/- for F.Y. 2012-13 is liable

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 of the Income Tax Act is not applicable on the transaction on payments made under section 28 of the Land Acquisition Act, 1894, the question of obtaining PAN number from agriculturists does not arise at all. Therefore in the light of above mention provisions and facts, demand of Rs. 52,18,90,623/- for F.Y. 2012-13 is liable

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 of the Income Tax Act is not applicable on the transaction on payments made under section 28 of the Land Acquisition Act, 1894, the question of obtaining PAN number from agriculturists does not arise at all. Therefore in the light of above mention provisions and facts, demand of Rs. 52,18,90,623/- for F.Y. 2012-13 is liable

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

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

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, 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

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

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

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

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

DCIT, NEW DELHI vs. M/S. PETRONET LNG LTD., NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

194A and stated that TDS was required to be deducted on payments to bank. 66. The said Notification No. 56/2012 dated 31.12.2012 is quoted below: "Section 197A of the income-tax Act, 1961 - Deduction of tax at source - no deduction in certain cases - Specified payment under section 197A(1f). In exercise of the powers conferred by sub-section

PETRONET LNG LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

194A and stated that TDS was required to be deducted on payments to bank. 66. The said Notification No. 56/2012 dated 31.12.2012 is quoted below: "Section 197A of the income-tax Act, 1961 - Deduction of tax at source - no deduction in certain cases - Specified payment under section 197A(1f). In exercise of the powers conferred by sub-section

PETRONET LNG LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

194A and stated that TDS was required to be deducted on payments to bank. 66. The said Notification No. 56/2012 dated 31.12.2012 is quoted below: "Section 197A of the income-tax Act, 1961 - Deduction of tax at source - no deduction in certain cases - Specified payment under section 197A(1f). In exercise of the powers conferred by sub-section