ORACLE INDIA PVT. LTD. vs. COMMISSIONER OF INCOME TAX, DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE SOFTWARE INDIA LTD. vs. COMMISSIONER OF INCOME TAX DEL

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA P.LTD. vs. COMMISSIONER OF INCOME TAX DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA PVT. LTD. vs. COMMISSIONER OF INCOME TAX, DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA PVT. LTD. vs. COMMISSIONER OF INCOME TAX, DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE SOFTWARE INDIA LTD. vs. COMMISSIONER OF INCOME TAX DEL

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE SOFTWARE INDIA LTD vs. COMMISSIONER OF INCOME TAX DEL

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE SOFTWARE INDIA LTD. vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA P.LTD. vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

PRAGATI POWER CORPORATION LTD,NEW DELHI vs. ACIT, CIRCLE 20(1), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

capital assets acquired by the assessee from abroad and therefore, not liable as revenue expenditure u/s 37(1) r/w section 43A of the Act. Pragati Power Corporation vs. ACIT 31.1 In response, vide reply-dated 05.04.2021, assessee submitted that assessee had entered into a contract with BHEL on turnkey basis for in-house development of a power plant at Bawana

COMMISSIONER OF INCOME TAX

capital reduced correspondingly. This result is certainly not intended.” 2012:DHC:4393-DB ITA No. 444/2011 Page 25 of 30 30. While dealing with the detailed arguments raised by the Revenue, the Division Bench of this Court observed that broadly speaking the figure of total income is arrived at, as per the Act, in four stages. Firstly, the income

CIT vs. KRIBHCO

capital reduced correspondingly. This result is certainly not intended.” 2012:DHC:4393-DB ITA No. 444/2011 Page 25 of 30 30. While dealing with the detailed arguments raised by the Revenue, the Division Bench of this Court observed that broadly speaking the figure of total income is arrived at, as per the Act, in four stages. Firstly, the income

GEO CONVEST LTD vs. DCIT CIRCLE-12 (1),

In the result, appeals filed by the assessee in ITA Nos

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

35A to 35E of the Act or cannot be allowed under the provisions of the income tax Act. The assessee is also agreed that on 20/12/2001 the company installed and put to commercial use 50 seats of the call centre and the remaining 92 seats were still under installation/implementation and thus business commenced on 20/12/2001. However, the contention

M/S GEO CONNECT LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeals filed by the assessee in ITA Nos

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

35A to 35E of the Act or cannot be allowed under the provisions of the income tax Act. The assessee is also agreed that on 20/12/2001 the company installed and put to commercial use 50 seats of the call centre and the remaining 92 seats were still under installation/implementation and thus business commenced on 20/12/2001. However, the contention

ACIT, NEW DELHI vs. M/S. GEO CONNECT LTD., NEW DELHI

In the result, appeals filed by the assessee in ITA Nos

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

35A to 35E of the Act or cannot be allowed under the provisions of the income tax Act. The assessee is also agreed that on 20/12/2001 the company installed and put to commercial use 50 seats of the call centre and the remaining 92 seats were still under installation/implementation and thus business commenced on 20/12/2001. However, the contention

DCIT CIRCLE-12 (1) vs. GEO CONNECT LTD,

In the result, appeals filed by the assessee in ITA Nos

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

35A to 35E of the Act or cannot be allowed under the provisions of the income tax Act. The assessee is also agreed that on 20/12/2001 the company installed and put to commercial use 50 seats of the call centre and the remaining 92 seats were still under installation/implementation and thus business commenced on 20/12/2001. However, the contention

HERO MOTOCORP LIMITED,NEW DELHI vs. JCIT, NEW DELHI

In the result appeal of the assessee in ITA No

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

gained access to new market for its products, which enabled it to enhance its sales. d) The export commission is also paid by the appellant to HMCL for procuring export orders using their network and infrastructure in relation to exports. e) The primary purpose of payment of export commission, therefore, it would be appreciated, was ceding of overseas territory

FRICK INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

Accordingly, the appeal filed by the assessee is allowed in terms of our

Bench: Shri G.S. Pannu & Shri Ravish Sood

gains. Backed by the aforesaid facts, the CIT(A) called upon the assessee to explain as to why the short term capital loss of (Rs. 1,38,131/-) should not be disallowed in view of the provisions of section 94(7) of the Act. Accordingly, the CIT(A) after validily putting the assessee to show cause