SAIF PARTNERS INDIA IV LIMITED ,DELHI vs. ACIT INT. TAXATION-3(1)(2), DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

546,516) Unlisted Short Term Capital Gains/ (Loss) on sale of shares of Youngmonk Technologies Pvt.(unlisted shares) (Refer Note to Computation) Total Taxable Loss under the head Short Term Capital Gains - 3 Total Taxable Income under head Long Term Capital Gains (Exempt) - Listed (229,185,105) Long Term Capital Gains/ (Loss) on sale of shares exempt under section

JAPAN INTERNATIONAL CO- OPERATION AGENCY,NEW DELHI vs. DDIT, NEW DELHI

Bench: Shri J. S. Reddy & Shri Kuldip Singh

Sections 115-O and 115-R whereas, the conditions laid down u/s 115-O to avail the exemption u/s 10(34), is to be complied with at the level of venture capital undertaking and not at the stage when the investor, the assessee in this case, received the dividend income from VCF. So, the assessee is entitled for exemption

CONTINENTAL CONSTRUCTION LTD.,NEW DELHI vs. ACIT, NEW DELHI

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri P. Maharishi & Vs Continental Construction Acit, Ltd, 28, Nehru Place, Circle – 3(1), New Delhi – 110019. Room No.390, C.R. Building, (Pan: Aaacc 2309 R) Indraprastha Estate, New Delhi (Appellant) (Respondent) & Vs Acit, Continental Construction Ltd, Circle – 3(1), 28, Nehru Place, New Delhi – 110019. Room No.390, C.R. (Pan: Aaacc 2309 R) Building, Indraprastha Estate, New Delhi (Appellant) (Respondent) Appellant By Shri Subodh Gupta, Fca Respondent By Ms. Nidhi Srivastava, Cit-D.R. Date Of Hearing 14.08.2020 Date Of Pronouncement 23.09.2020

gain. The Assessing Officer did not take into account the contentions of the assessee. The Assessing Officer was of the view that since the assessee paid the sum of Rs. 297.46 crores on account of deferred contract receipts, the same should be treated as pure business receipts. The Assessing Officer referred to CBDT Circular No. 711 dated 24.07.1995 whereby

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

Section 112 of the Income Tax Act, 1961, against which appellant filed an appeal P a g e | 13 ITA Nos. 1819 to 1821/Del/2025 Shri Ashok Kumar Bansal (AYs: 2017-18 to 2019-20) before CIT(A) - 24 on 07.07.2023, which is still pending adjudication. Copy of Form 35 and written submission filed before the Learned Commissioner of Income

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL, DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

Section 112 of the Income Tax Act, 1961, against which appellant filed an appeal P a g e | 13 ITA Nos. 1819 to 1821/Del/2025 Shri Ashok Kumar Bansal (AYs: 2017-18 to 2019-20) before CIT(A) - 24 on 07.07.2023, which is still pending adjudication. Copy of Form 35 and written submission filed before the Learned Commissioner of Income

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

Section 112 of the Income Tax Act, 1961, against which appellant filed an appeal P a g e | 13 ITA Nos. 1819 to 1821/Del/2025 Shri Ashok Kumar Bansal (AYs: 2017-18 to 2019-20) before CIT(A) - 24 on 07.07.2023, which is still pending adjudication. Copy of Form 35 and written submission filed before the Learned Commissioner of Income

INTERGLOBE AVIATION LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 4, NEW DELHI

Accordingly, appeal filed by the assessee for assessment year 2015 – 16 is allowed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing)

Section 14.3.2 (ii) as expressly provided in this Section 3.12.4 and (in) as expressly provided in Exhibit H, and any remaining balances of the Maintenance Supplemental Rent following the Expiry Date, after application of the foregoing provisions, shall be retained by Lessor as its sole property, with the exceptions set forth in Exhibit H. To the extent any maintenance expenses

INTERGLOBE AVIATION LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 4, NEW DELHI

Accordingly, appeal filed by the assessee for assessment year 2015 – 16 is allowed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing)

Section 14.3.2 (ii) as expressly provided in this Section 3.12.4 and (in) as expressly provided in Exhibit H, and any remaining balances of the Maintenance Supplemental Rent following the Expiry Date, after application of the foregoing provisions, shall be retained by Lessor as its sole property, with the exceptions set forth in Exhibit H. To the extent any maintenance expenses

INTERGLOBE AVIATION LTD.,NEW DELHI vs. JCIT, SPECIAL RANGE- 4, NEW DELHI

Accordingly, appeal filed by the assessee for assessment year 2015 – 16 is allowed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing)

Section 14.3.2 (ii) as expressly provided in this Section 3.12.4 and (in) as expressly provided in Exhibit H, and any remaining balances of the Maintenance Supplemental Rent following the Expiry Date, after application of the foregoing provisions, shall be retained by Lessor as its sole property, with the exceptions set forth in Exhibit H. To the extent any maintenance expenses

ADDL. CIT, SPECIAL RANGE- 4, NEW DELHI vs. INTERGLOBE AVIATION LTD., NEW DELHI

Accordingly, appeal filed by the assessee for assessment year 2015 – 16 is allowed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing)

Section 14.3.2 (ii) as expressly provided in this Section 3.12.4 and (in) as expressly provided in Exhibit H, and any remaining balances of the Maintenance Supplemental Rent following the Expiry Date, after application of the foregoing provisions, shall be retained by Lessor as its sole property, with the exceptions set forth in Exhibit H. To the extent any maintenance expenses

ADDL. CIT, SPECIAL RANGE- 4, NEW DELHI vs. INTERGLOBE AVIATION LTD., NEW DELHI

Accordingly, appeal filed by the assessee for assessment year 2015 – 16 is allowed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing)

Section 14.3.2 (ii) as expressly provided in this Section 3.12.4 and (in) as expressly provided in Exhibit H, and any remaining balances of the Maintenance Supplemental Rent following the Expiry Date, after application of the foregoing provisions, shall be retained by Lessor as its sole property, with the exceptions set forth in Exhibit H. To the extent any maintenance expenses

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

546/- as against the returned income of `34,22,05,962/- wherein the difference between the assessee and the Revenue was on account of disallowance of claim of deduction under Section 80IA; charging of notional Annual Letting Value (ALV) of unsold vacant properties; depreciation on computers; and, disallowance of amortization of land in respect of wind power projects. In appeal

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

546/- as against the returned income of `34,22,05,962/- wherein the difference between the assessee and the Revenue was on account of disallowance of claim of deduction under Section 80IA; charging of notional Annual Letting Value (ALV) of unsold vacant properties; depreciation on computers; and, disallowance of amortization of land in respect of wind power projects. In appeal

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

546/- as against the returned income of `34,22,05,962/- wherein the difference between the assessee and the Revenue was on account of disallowance of claim of deduction under Section 80IA; charging of notional Annual Letting Value (ALV) of unsold vacant properties; depreciation on computers; and, disallowance of amortization of land in respect of wind power projects. In appeal

DCIT, NEW DELHI vs. M/S. CONCENTRIX DAKSH SERVICES INDIA PVT LTD., GURGAON

In the result, the appeals of the assessee are partly allowed and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. Sudhanshu Srivastavaita No. 2096/Del/2015 : Asstt. Year : 2010-11 M/S Concentrix Daksh Services India Vs Deputy Commissioner Of Pvt. Ltd., (Erstwhile Known As Ibm Income Tax, Circle-4(1), Daksh Business Process Services Pvt. New Delhi Ltd.), 4Th Floor, Tower-B, Building No. 8, Cyber City, Dlf, Phase-Ii, Gurgaon, Haryana (Appellant) (Respondent) Pan No. Aabcd4187D

546 from the export turnover while computing the deduction allowable under section 10A of the Act.” 25. For assessment year 2010-11, the AR of the assessee submitted that the issue stands covered in favour of the assessee by the decision of Hon’ble Delhi High Court in the case of Genpact India Vs CIT reported in 203 Taxmann.com

M/S. CONCENTRIX DAKSH SERVICES INDIA PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. Sudhanshu Srivastavaita No. 2096/Del/2015 : Asstt. Year : 2010-11 M/S Concentrix Daksh Services India Vs Deputy Commissioner Of Pvt. Ltd., (Erstwhile Known As Ibm Income Tax, Circle-4(1), Daksh Business Process Services Pvt. New Delhi Ltd.), 4Th Floor, Tower-B, Building No. 8, Cyber City, Dlf, Phase-Ii, Gurgaon, Haryana (Appellant) (Respondent) Pan No. Aabcd4187D

546 from the export turnover while computing the deduction allowable under section 10A of the Act.” 25. For assessment year 2010-11, the AR of the assessee submitted that the issue stands covered in favour of the assessee by the decision of Hon’ble Delhi High Court in the case of Genpact India Vs CIT reported in 203 Taxmann.com

SHRI INAMUL HAQ,SAHARANPUR vs. ITO, SAHARANPUR

In the result, the appeal of the assessee is allowed

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2009-10 Shri Inamul Haq S/O Sh. Mohd. Vs. Income Tax Officer, Yamin, Vill.Megh Chhappar, Ward-2. Ambalaa Road, Saharanpur (U.P) Saharanpur Pan: Aaiph2840K (Appellant) (Respondent)

546/- on 30.07.2009. Later on, it was noticed that assessee sold immoveable property for a sale consideration of Rs.41,57,100 (Circle Rate Rs.51,73,925/-) as per section 50C of the Act. As the land sold was capital asset and no income from capital gain

JAGDISH PARSHAD JAIN,PANIPAT vs. DCIT CENTRAL CIRCLE KARNAL, KARNAL

In the result, the appeal of the assessee is allowed

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2009-10 Shri Inamul Haq S/O Sh. Mohd. Vs. Income Tax Officer, Yamin, Vill.Megh Chhappar, Ward-2. Ambalaa Road, Saharanpur (U.P) Saharanpur Pan: Aaiph2840K (Appellant) (Respondent)

546/- on 30.07.2009. Later on, it was noticed that assessee sold immoveable property for a sale consideration of Rs.41,57,100 (Circle Rate Rs.51,73,925/-) as per section 50C of the Act. As the land sold was capital asset and no income from capital gain

NEC HCL SYSTEM TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result we confirm the finding the of the CIT (A) regarding deletion of disallowance u/s 40a (i) of The Income tax Act of Rs

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

Capital gains • Income from other sources 5.2 The income computed under various heads of income in accordance with the provisions of Chapter IV of the IT Act shall be aggregated in accordance with the provisions of Chapter VI of the IT Act, 1961. This means that first the income/loss from various sources i.e. eligible and ineligible units, under the same