M/S. HAVELLS INDIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Vs Havells India Ltd. Acit 1, Raj Narian Marg, Ltu Civil Lines New Delhi New Delhi Aaach0351E (Respondent) (Appellant)

80G (Rs.22,30,000) Net loss adjusted by A.O with current year (Rs.4,67,99,123) profits On appeal, the CIT(A) confirmed the action of the Assessing Officer in adjusting the losses of earlier assessment years pertaining to Baddi Unit and Haridwar Unit while computing deduction under section 80-IC of the Act in the year under consideration

MANKIND PHARMA LIMITED,DELHI vs. DCIT, CIRCLE-1(1)(1), MEERUT

In the result, the additional Ground No

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

gains of such eligible business for the purposes of the deduction under this section, take the amount of profits as may be reasonably deemed to have been derived therefrom: Provided that in case the aforesaid arrangement involves a specified domestic transaction referred to in section 92BA, the amount of profits from such transaction shall be determined having regard

JUST BE FOUNDATION TRUST ,NEW DELHI vs. CIT(E) , NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Anadee Nath Misshram/S Just Be Foundation Commissioner Of Income Trust Flat No. 01, Yamuna Vs Tax (Exemptions), E-2, Apartments, Alaknanda, Civic Centre, New Delhi New Delhi-110019

gains of business incidental to attainment of objects shall be maintained in compliance to section 11(4A) of the Income Tax Act, 1961. Page 10 of 21 iv. The trust/institution shall furnish a return of income every year within the time limit prescribed under the act. v. The trust/institution should quote the PAN in all its communications with the Department

JAGATPAL GUPTA,DELHI vs. ACIT, NEW DELHI

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

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

capital gain of Rs 5868776/- has been taxed @ flat 30%. The Assessee filed an application for rectification u/s 154 as there were certain mistakes in the assessment order. The mistakes included non-adjustment of brought forward losses; non-adjustment of unabsorbed depreciation and non- Jagatpal Gupta Vs. ACIT adjustment of eligible deduction under section 80G

JAGAT PAL GUPTA,DELHI vs. ACIT, NEW DELHI

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

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

capital gain of Rs 5868776/- has been taxed @ flat 30%. The Assessee filed an application for rectification u/s 154 as there were certain mistakes in the assessment order. The mistakes included non-adjustment of brought forward losses; non-adjustment of unabsorbed depreciation and non- Jagatpal Gupta Vs. ACIT adjustment of eligible deduction under section 80G

TERADATA INDIA P.LTD,GURUGRAM vs. DCIT,CIRCLE-3(1), GURUGRAM

Appeal of the revenue is allowed for AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Us

capital adjustment is granted no separate adjustment on account of outstanding receivables is maintainable. Part III-Corporate Tax Grounds 6. Denial of deduction under Section 80G 6.1. That on the facts and circumstances of the case and in law, the Learned AO has erred in disallowing the deduction of INR 27,03,104/- claimed under section 80G

TERADATA INDIA PVT LTD,GRUGRAM vs. DCIT CIRCLE-3(1), GURUGRAM

Appeal of the revenue is allowed for AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Us

capital adjustment is granted no separate adjustment on account of outstanding receivables is maintainable. Part III-Corporate Tax Grounds 6. Denial of deduction under Section 80G 6.1. That on the facts and circumstances of the case and in law, the Learned AO has erred in disallowing the deduction of INR 27,03,104/- claimed under section 80G

ACIT-CIRCLE-3(1), GURGAON vs. TERADATA INDIA PRIVATE LIMITED, GURGAON

Appeal of the revenue is allowed for AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Us

capital adjustment is granted no separate adjustment on account of outstanding receivables is maintainable. Part III-Corporate Tax Grounds 6. Denial of deduction under Section 80G 6.1. That on the facts and circumstances of the case and in law, the Learned AO has erred in disallowing the deduction of INR 27,03,104/- claimed under section 80G

MAX NEW YORK LIFE INSURANCE COMPANY LTD.,GURGAON vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

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

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimax New York Life Insurance Vs. Dcit, Company Ltd, Circle-1, Ltu, New Delhi Plot No. 90A, Sector-18, Udyog Vihar, Haryana (Appellant) (Respondent)

capital gain" or "Income from other sources" or in section 199 or in sections 28 to 43B and requires that the profit and gains of any business of insurance has to be computed in accordance with the rules contained in the First Schedule. Section 28 to 43B are applied when the income is computed under the head "Income from business

VAIDYA MANGAT RAI FOUNDATION,CHANDIGARH vs. CIT(EXEMPTION), CHANDIGARH

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

Bench: Shri G. S. Pannu & Shri Anubhav Sharmavaidya Mangat Rai The Commissioner Of Foundation Vs. Income Tax (Exemptions) Friends Colony Chandigarh Gali No.2, Hansi Road Bhiwani. Pan-Aadtv 6078Q (Appellant) (Respondent) Assessee By Shri Tej Mohan Singh, Adv. Department By Ms. Sapna Bhattia, Cit-Dr Date Of Hearing 25/01/2024 Date Of Pronouncement 18/04/2024

gains of business, the condition that such income would not be liable to inclusion in its total income under the provisions of section 11 shall not apply in relation to such income, if— (a) the institution or fund maintains separate books of account in respect of such business; (b) the donations made to the institution or fund are not used

GREAT EASTERN EXPORTS vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

80G or [section 80GGA or section 80GGC] or section 80HH or section 80HHA or section 80HHB or section 80HHC or section 80HHD or section 80-I or section 80-IA [or section 80-IB] [or section 80-IC] [or section 80-ID or section 80-IE] or section 80J or section 80JJ, no deduction under the same section shall

ACIT, NEW DELHI vs. SH. SURESH JAIN, NEW DELHI

In the result, appeals of the department are dismissed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 369/Del/2012 : Asstt. Year : 2000-01 Ita No. 370/Del/2012 : Asstt. Year : 2001-02 Ita No. 374/Del/2012 : Asstt. Year : 2006-07 Acit Vs Suresh Jain Circle-38(1), C-29, Panchsheel Enclave New Delhi New Delhi (Appellant) (Respondent) Pan No. Acxpj6507G Assessee By : Sh. Sh. Raj Kumar Gupta, Adv. & Sh. Sumit Goyal, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 14.02.2017 Date Of Pronouncement : 28.04.2017 Order Per N. K. Saini, Am: These Appeals By The Department Are Directed Against The Separate Orders Each Dated 29.11.2001 Of The Ld. Cit(A)- Xxviii, New Delhi For The Assessment Year 2000-01, 2001-02 & 2006-2007. Since The Appeals Pertain To The Same Assessee, So These Are Being Disposed Off By This Consolidated Order For The Sake Of Convenience & Brevity.

section 10(37), the capital gain arisen from the acquisition of the land amounting to Rs.58,17,070/- is brought to tax. Accordingly an addition of Rs.58,17,070/- is made to the returned income. 3. Since the assessee has not produced the vouchers in respect of expenses claimed, wrongly claimed loss from the firm M/s Ridge Court Bowling Centre

DCIT, EXEMPTION CIRCLE, GHAZIABAD vs. SWAMI SUKHDEVANAND TRUST, DEHRADUN

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

capital gain. 2. The assessee has also filed Cross Objection No. 232/Del/2017, which is merely supporting the order of the ld. CIT (Appeals). 3. The brief facts of the case shows that assessee is a trust registered under Section 12A of the Income Tax Act, 1961 (the Act) since 14.05.1974 and also holding recognition under Section 80G

MUKUT BEHARI LAL BHARGAVA,GURGAON vs. ACIT, CIRCLE(2)1, GURGAON

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

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalmukut Behari Lal Bhargava, Acit, Lcg 05, 04B Laburnum Complex, Circle-2(1), 1 4Th Floor, Sushant Lok 1, Vs. Gurgaon. Block-A, Sector-28 Haryana-122009. Pan-Adipb9356P (Appellant) (Respondent) Assessee By None Department By Shri Pradumna Kumar Singh, Sr. Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 26.11.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A) In Short] In Appeal No. Cit(A), Gurugaon-1/10738/2018-19 Dated 05.02.2025 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Its Return Of Income Declaring Total Income Of Rs.1,20,41,040/-. The Case Of The Assessee Was Selected For Limited Scrutiny & During The Course Of Assessment Proceedings, The Assessing Officer Has Issued Various Notices Which Were Replied By The Assessee. Mukut Behari Lal Bhargava Vs. Acit 3. Thereafter, The Assessment Order Was Passed At A Total Income Of Rs.1,79,36,182/- By Making Disallowance On Account Of Expenses Claimed On Costs Of Improvement Of Capital Asset, Disallowance Of Carry Forward Of Short Term Capital Gains & Long Term Capital Loss & Also Denied The Deduction Claimed U/S 80G Of The Act.

Section 70 of the Act prohibits the allowability of set off of losses where the return of filed for the relevant assessment year in which such losses is incurred, is filed beyond the due date prescribed u/s 139(1) of the Act. The assessee has claimed set off of brought forward long-term capital loss of Rs.21,76,686/- incurred

SH. ROOP KISHORE MADAN,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(E-Court Module) Ita No. 2789/Del/2015 : Asstt. Year : 2011-12

Capital Gain for the year 15,22,00,000.00 Less: Unabsorbed Short Term 49,83,312.64 Loss B/f from A.Y.2008-09 14,72,16,687.36 iii) Income from House Property 2,69,500.00 iv) Income from other sources 4,44,436.56 Gross Taxable Income 14,60,21,732.00 Less: Deduction u/s 80CCC 1,00,000.00 : Deduction u/s 80G

PATANJALI YOGPEETH (NYAS),DELHI vs. ADIT(EXEMPTION), NEW DELHI

Appeal is allowed

Bench: Shri I.C. Sudhir & Shri L. P. Sahu

section 142(2A) while confirming the order of the Assessing Officer in denying exemption under sections 11/12 of the Act. 8.2 The ld. AR on queries raised by the Bench responded that assessee trust is not running shops or distribution of products and for those shoppings and distribution and selling of products, as on commercial basis different entity is there

DCIT (LTU), NEW DELHI vs. M/S. EXL SERVICE.COM (INDIA) PVT. LTD., NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

gains of business and profession' and not the profit as computed by the Appellant. 16. The Ld. AO erred in law and on the facts and circumstances of the case in not allowing set-off of business loss of Rs. 5,04,30,717 pertaining to units other than those claiming deduction under section 1OA of the Act despite

EXL SERVICE.COM (INDIA) PVT. LTD.,NEW DELHI vs. DCIT (LTU), NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

gains of business and profession' and not the profit as computed by the Appellant. 16. The Ld. AO erred in law and on the facts and circumstances of the case in not allowing set-off of business loss of Rs. 5,04,30,717 pertaining to units other than those claiming deduction under section 1OA of the Act despite

ACIT(E),CIRCLE-1(1), NEW DELHI vs. DIVYA JYOTI JAGRATI SANSTHAN, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri N.K. Billaiya & Shri Amit Shukla

Gains of Business or Profession and depreciation is allowed when capital assets are used for the purpose of business? 5. Whether ld. CIT (A) has erred in allowing the appeal of the assessee by ignoring the facts that the assessee is not eligible for any type of deprecation as the entire expenditure for the purpose of capital assets is allowed