DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

iii) Property at Mussorie 2,19,542 Total 2,89,279 3.1 That there is no material or valid basis adopted by the learned Commissioner of Income Tax (Appeals) to enhance the annual value declared by the appellant and in absence thereof, addition sustained is illegal, invalid and untenable. 3.2 That while upholding the addition the learned Commissioner of Income

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

iii) Property at Mussorie 2,19,542 Total 2,89,279 3.1 That there is no material or valid basis adopted by the learned Commissioner of Income Tax (Appeals) to enhance the annual value declared by the appellant and in absence thereof, addition sustained is illegal, invalid and untenable. 3.2 That while upholding the addition the learned Commissioner of Income

DCIT, NEW DELHI vs. MRS. RADHIKA ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

iii) Property at Mussorie 2,19,542 Total 2,89,279 3.1 That there is no material or valid basis adopted by the learned Commissioner of Income Tax (Appeals) to enhance the annual value declared by the appellant and in absence thereof, addition sustained is illegal, invalid and untenable. 3.2 That while upholding the addition the learned Commissioner of Income

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

iii) Property at Mussorie 2,19,542 Total 2,89,279 3.1 That there is no material or valid basis adopted by the learned Commissioner of Income Tax (Appeals) to enhance the annual value declared by the appellant and in absence thereof, addition sustained is illegal, invalid and untenable. 3.2 That while upholding the addition the learned Commissioner of Income

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

iii) Property at Mussorie 2,19,542 Total 2,89,279 3.1 That there is no material or valid basis adopted by the learned Commissioner of Income Tax (Appeals) to enhance the annual value declared by the appellant and in absence thereof, addition sustained is illegal, invalid and untenable. 3.2 That while upholding the addition the learned Commissioner of Income

DCIT, NEW DELHI vs. DR. PRANNOY ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

iii) Property at Mussorie 2,19,542 Total 2,89,279 3.1 That there is no material or valid basis adopted by the learned Commissioner of Income Tax (Appeals) to enhance the annual value declared by the appellant and in absence thereof, addition sustained is illegal, invalid and untenable. 3.2 That while upholding the addition the learned Commissioner of Income

M/S. MENORA DEVELOPERS & INFRASTRUCTURES PVT. LTD.,,NEW DELHI vs. ITO, NEW DELHI

In the result appeal of the assessee as well as of the revenue are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishiito, Vs. Menora Developers & Ward-16(4), Infrastructure Pvt. Ltd, Room No. 304, Cr Building, A-60, Naraina Industrial Ip Estate, New Delhi Area-I, New Delhi Pan: Aafcm9587Q (Appellant) (Respondent) Menora Developers & Vs. Ito, Infrastructure Pvt. Ltd, Ward-16(4), A-60, Naraina Industrial Area-I, Room No. 304, Cr Building, New Delhi Ip Estate, New Delhi Pan: Aafcm9587Q (Appellant) (Respondent)

capital borrowed for the purpose of the business and placing reliance on the principles laid down in the cases referred to above it is prayed that the disallowances made by the A.O. u/s 36 (1) (iii) for Rs. 3,03,51,870, being not in ccordance with the law may kindly be directed to be deleted

ITO, NEW DELHI vs. M/S. MENORA DEVELOPERS & INFRASTRUCTURE PVT. LTD., NEW DELHI

In the result appeal of the assessee as well as of the revenue are dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishiito, Vs. Menora Developers & Ward-16(4), Infrastructure Pvt. Ltd, Room No. 304, Cr Building, A-60, Naraina Industrial Ip Estate, New Delhi Area-I, New Delhi Pan: Aafcm9587Q (Appellant) (Respondent) Menora Developers & Vs. Ito, Infrastructure Pvt. Ltd, Ward-16(4), A-60, Naraina Industrial Area-I, Room No. 304, Cr Building, New Delhi Ip Estate, New Delhi Pan: Aafcm9587Q (Appellant) (Respondent)

capital borrowed for the purpose of the business and placing reliance on the principles laid down in the cases referred to above it is prayed that the disallowances made by the A.O. u/s 36 (1) (iii) for Rs. 3,03,51,870, being not in ccordance with the law may kindly be directed to be deleted

M/S. AT & T GLOBAL NETWORK SERVICES (INDIA) PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

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

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiat & T Global Network Services Dcit, (India) Pvt Ltd., Circle-2(1), Vs. Vatika Lok-1, Block-A, Gurgaon New Delhi Pan:Aafca8810L (Appellant) (Respondent) Dcit, At & T Global Network Services Circle-2(1), (India) Pvt Ltd., Vs. New Delhi Vatika Lok-1, Block-A, Gurgaon Pan:Aafca8810L (Appellant) (Respondent)

gainfully refer the provision of section 36(1) (iii) in this regard. The said section read as under:- ―(iii) the amount of the interest paid in respect of capital

NATIONAL HOUSING BANK,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result ground No. 8 of the appeal of the assessee is allowed with above direction

Bench: Shri Kuldip Singh & Shri Prashant Maharishinational Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Lodhi Road, New Delhi Vs. New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) Page 2 Of 50 National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent)

36(1)(viii) for AY 2007-08 provides as under:- “(1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28-- (viii) in respect of any special reserve and maintained created by a financial corporation which is engaged in providing long-term

SUDHAKAR ARORA,DELHI vs. ADIT, CPC, BENGALURU

In the result, the appeal of the assessee is dismissed

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2018-19]

iii) disallowance of loss claimed, if return of the previous year for which set off of loss is claimed was furnished beyond the due date specified under sub-section (1) of section 139; (iv) disallowance of expenditure [or increase in income] indicated in the audit report but not taken into account in computing the total income in the return

JCIT(OSD), RANGE-10, NEW DELHI , ITO C.R. BUILDING vs. RURAL ELECTRIFICATION CORPORATION LTD. , KASTURBA NAGAR

In the result, appeals filed by the revenue in the AY 2020-21 and AY\n2021-22 are dismissed

gains of business or profession\" (before making any\ndeduction under this clause) carried to such reserve account\"\n2.4 That the Income Tax Department has drawn any adverse inference on\nthe said issue in the preceding years but has drawn favourable\ninference in the subsequent years. The details are as under:\nAY\nAmount of\nupfront fees,\nprocessing etc\n(Rs.)\nAmount

PR. CIT -3 vs. DLF LTD. (FORMERLY KNOWN AS DLF UNIVERSAL LTD.)

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

capitalization of interest expenses as per AS-16 read alongwith Section 36(1)(iii) of the Income Tax Act, 1961, is stood over at the request of learned counsels for respective sides. 11. That only leaves us to deal with the question of reclassification of rental income which was earned with it being urged on behalf of the appellants that

PR. CIT -3 vs. DLF LTD.(FOMERLY KNOWN AS DLF UNIVERSAL LTD.

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

capitalization of interest expenses as per AS-16 read alongwith Section 36(1)(iii) of the Income Tax Act, 1961, is stood over at the request of learned counsels for respective sides. 11. That only leaves us to deal with the question of reclassification of rental income which was earned with it being urged on behalf of the appellants that

ACIT, CIRCLE- 19(1), NEW DELHI vs. ORIENTAL BANK OF COMMERCE, GURGAON

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

36, New Delhi dated 31.01.2017 and in ITA Nos.1199 & 1812/Del/2018 filed by the assessee and the Revenue against the orders of ld. CIT(A)-20, New Delhi dated 29.12.2017. ITA No. 1581/Del/2017 (G.No.1) (Assessee) ITA No. 1582/Del/2017 (G.No.1) (Assessee) ITA No. 1583/Del/2017 (G.No.1) (Assessee) ITA No. 1199/Del/2018 (G.No.1) (Assessee) ITA No. 2173/Del/2017 (G.No.1) (Department

ORIENTAL BANK OF COMMERCE,GURGAON vs. ADDL. CIT, NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

36, New Delhi dated 31.01.2017 and in ITA Nos.1199 & 1812/Del/2018 filed by the assessee and the Revenue against the orders of ld. CIT(A)-20, New Delhi dated 29.12.2017. ITA No. 1581/Del/2017 (G.No.1) (Assessee) ITA No. 1582/Del/2017 (G.No.1) (Assessee) ITA No. 1583/Del/2017 (G.No.1) (Assessee) ITA No. 1199/Del/2018 (G.No.1) (Assessee) ITA No. 2173/Del/2017 (G.No.1) (Department

ORIENTAL BANK OF COMMERCE,GURGAON vs. DCIT, NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

36, New Delhi dated 31.01.2017 and in ITA Nos.1199 & 1812/Del/2018 filed by the assessee and the Revenue against the orders of ld. CIT(A)-20, New Delhi dated 29.12.2017. ITA No. 1581/Del/2017 (G.No.1) (Assessee) ITA No. 1582/Del/2017 (G.No.1) (Assessee) ITA No. 1583/Del/2017 (G.No.1) (Assessee) ITA No. 1199/Del/2018 (G.No.1) (Assessee) ITA No. 2173/Del/2017 (G.No.1) (Department

ACIT, NEW DELHI vs. M/S. ORIENTAL BANK OF COMMERCE, GURGAON

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

36, New Delhi dated 31.01.2017 and in ITA Nos.1199 & 1812/Del/2018 filed by the assessee and the Revenue against the orders of ld. CIT(A)-20, New Delhi dated 29.12.2017. ITA No. 1581/Del/2017 (G.No.1) (Assessee) ITA No. 1582/Del/2017 (G.No.1) (Assessee) ITA No. 1583/Del/2017 (G.No.1) (Assessee) ITA No. 1199/Del/2018 (G.No.1) (Assessee) ITA No. 2173/Del/2017 (G.No.1) (Department