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(1)(vii) of 1961 Act as there was an actual write off by the assessee in its books, as indicated above. ” 47. Therefore, in assessee’s case also, it is an actual write off in view of the decision of the Hon’ble Supreme Court, this issue is fully covered in favor of assessee. The appeal of the assessee

ORIENTAL BANK OF COMMERCE,GURGAON vs. ACIT, CIRCLE- 19(1), 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(1)(vii) of 1961 Act as there was an actual write off by the assessee in its books, as indicated above. ” 47. Therefore, in assessee’s case also, it is an actual write off in view of the decision of the Hon’ble Supreme Court, this issue is fully covered in favor of assessee. The appeal of the assessee

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(1)(vii) of 1961 Act as there was an actual write off by the assessee in its books, as indicated above. ” 47. Therefore, in assessee’s case also, it is an actual write off in view of the decision of the Hon’ble Supreme Court, this issue is fully covered in favor of assessee. The appeal of the assessee

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(1)(vii) of 1961 Act as there was an actual write off by the assessee in its books, as indicated above. ” 47. Therefore, in assessee’s case also, it is an actual write off in view of the decision of the Hon’ble Supreme Court, this issue is fully covered in favor of assessee. The appeal of the assessee

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(1)(vii) of 1961 Act as there was an actual write off by the assessee in its books, as indicated above. ” 47. Therefore, in assessee’s case also, it is an actual write off in view of the decision of the Hon’ble Supreme Court, this issue is fully covered in favor of assessee. The appeal of the assessee

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(1)(vii) of 1961 Act as there was an actual write off by the assessee in its books, as indicated above. ” 47. Therefore, in assessee’s case also, it is an actual write off in view of the decision of the Hon’ble Supreme Court, this issue is fully covered in favor of assessee. The appeal of the assessee

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(1)(vii) of 1961 Act as there was an actual write off by the assessee in its books, as indicated above. ” 47. Therefore, in assessee’s case also, it is an actual write off in view of the decision of the Hon’ble Supreme Court, this issue is fully covered in favor of assessee. The appeal of the assessee

JCIT(OSD), RANGE-10, NEW DELHI , C.R. BUILDING ITO 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

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

REC LIMITED,NEW DELHI vs. ACIT-10 (OSD), DELHI, NEW DELHI

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

REC LIMITED,NEW DELHI vs. ACIT-10 (OSD), DELHI, NEW DELHI

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

ORIENTAL BANK OF COMMERCE,GURGAON vs. ACIT, SPL. RANGE-07, NEW DELHI

In the result, the appeal filed by the Assessee stands allowed

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhryassessment Year: 2016-17

36(1 )(vii). The disallowance made is wrong and bad in law and the claim of bad debt should be allowed as complete details of all loan accounts were furnished and the condition of write off is duly satisfied by the appellant. 6. The AO as well as CIT(A) has erred in law and on facts in applying

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

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

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

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

ESSAR COMMUNICATIONS LIMITED,MAURITIUS vs. ACIT, CIRCLE-1 (2)(2), NEW DELHI

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

VII. Legitimate investment business activity undertaken by the Assessee: 55. The lower authorities have denied treaty benefits to the Assessee on the basis that the Assessee was nothing but a shell company which had been used as a conduit with the sole objective of avoidance of tax on capital gain that arose on sale of VEL shares. 56. The lower

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

1) The Ld. CIT(A) erred in deleting the addition of Rs.8,36,25,157/- made on account of Long Term Capital Gain. 2) The Ld. CIT(A) has ignored the fact that the assessee has not determined the capital gain per the Income Tax Act considering the handing over the possession of the property to the buyer

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

1) The Ld. CIT(A) erred in deleting the addition of Rs.8,36,25,157/- made on account of Long Term Capital Gain. 2) The Ld. CIT(A) has ignored the fact that the assessee has not determined the capital gain per the Income Tax Act considering the handing over the possession of the property to the buyer

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting