DCIT, NEW DELHI vs. OMAX AUTOS LTD, GURGAON

section 41(4) of the Act\nin the return of income for AY 2024-25. A copy of the Settlement Order\ndated 08.08.2023 passed by the Court along with ledger in the books of\naccounts showingthe recovered amount as Rs.21,00,000/- as 'other income' is\nplaced at pages 268-269 of PB Vol. Il.\n21. Ld. AR pointed

DCM SHRIRAM LIMITED,DELHI vs. ASSESSMENT UNIT, DELHI

In the result, the appeal filed by the assessee is allowed in above terms

Bench: Shri Challa Nagemdra Prasad & Shri S. Rifaur Rahman

Gain a loss loss No. 928 of PB) during the (Pg. No. 88 of (Pg. No. 226 of year PB) PB) Long term 4,09,10,680/-(Pg. 4,09,10,680/-(Pg. Nil capital loss No. 88 of PB) No. 226 of PB) (Pg. No. 928 of Carried forward for PB) current year The ld. AR fairly submitted even

SANJAY BANSAL,NEW DELHI vs. ITO, NOIDA

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year : 2009-10

capital gain at Rs. 1,43,10,928/- and completed the assessment ex-parte under section 144 read with section

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

capitalize the entire cost of spares in consonance with the mandatory provisions of Accounting Standards (AS) 2 and (AS) 10. 16.6 It is not disputed that the assessee is maintaining the accounts based on a mercantile system. Under sub- section (1) of section 145 of the Act the assessee's income which is chargeable under the head "Profits and gains

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

capitalize the entire cost of spares in consonance with the mandatory provisions of Accounting Standards (AS) 2 and (AS) 10. 16.6 It is not disputed that the assessee is maintaining the accounts based on a mercantile system. Under sub- section (1) of section 145 of the Act the assessee's income which is chargeable under the head "Profits and gains

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

capitalize the entire cost of spares in consonance with the mandatory provisions of Accounting Standards (AS) 2 and (AS) 10. 16.6 It is not disputed that the assessee is maintaining the accounts based on a mercantile system. Under sub- section (1) of section 145 of the Act the assessee's income which is chargeable under the head "Profits and gains

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

capitalize the entire cost of spares in consonance with the mandatory provisions of Accounting Standards (AS) 2 and (AS) 10. 16.6 It is not disputed that the assessee is maintaining the accounts based on a mercantile system. Under sub- section (1) of section 145 of the Act the assessee's income which is chargeable under the head "Profits and gains

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

capitalize the entire cost of spares in consonance with the mandatory provisions of Accounting Standards (AS) 2 and (AS) 10. 16.6 It is not disputed that the assessee is maintaining the accounts based on a mercantile system. Under sub- section (1) of section 145 of the Act the assessee's income which is chargeable under the head "Profits and gains

DSD NOELL GMBH,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

928/ 25,92014/(Interest 24,89,914/ reduced to Total offshore Income) Rs 9,95,685/ by Ld supplies 9,95,96,358/ CIT(A) 2017-18 Nil 3,49,48,713/ NIL 2018-19 Nil 1,15,39,186/ Nil Total 30,98,76,690/ 11,28,674/ Rs 11,54,93,273 Page 12 of 48 ITA No.3186/Del/2016

DSD NOELL GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-1(2)(2), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

928/ 25,92014/(Interest 24,89,914/ reduced to Total offshore Income) Rs 9,95,685/ by Ld supplies 9,95,96,358/ CIT(A) 2017-18 Nil 3,49,48,713/ NIL 2018-19 Nil 1,15,39,186/ Nil Total 30,98,76,690/ 11,28,674/ Rs 11,54,93,273 Page 12 of 48 ITA No.3186/Del/2016

DSD NOELL GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-1(2)(2), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

928/ 25,92014/(Interest 24,89,914/ reduced to Total offshore Income) Rs 9,95,685/ by Ld supplies 9,95,96,358/ CIT(A) 2017-18 Nil 3,49,48,713/ NIL 2018-19 Nil 1,15,39,186/ Nil Total 30,98,76,690/ 11,28,674/ Rs 11,54,93,273 Page 12 of 48 ITA No.3186/Del/2016

DSD NOELL GMBH,NEW DELHI vs. DCIT CIRCLE -1(2)(2), INTERNATIONAL TAXATION, NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

928/ 25,92014/(Interest 24,89,914/ reduced to Total offshore Income) Rs 9,95,685/ by Ld supplies 9,95,96,358/ CIT(A) 2017-18 Nil 3,49,48,713/ NIL 2018-19 Nil 1,15,39,186/ Nil Total 30,98,76,690/ 11,28,674/ Rs 11,54,93,273 Page 12 of 48 ITA No.3186/Del/2016

DSD NOELL GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

928/ 25,92014/(Interest 24,89,914/ reduced to Total offshore Income) Rs 9,95,685/ by Ld supplies 9,95,96,358/ CIT(A) 2017-18 Nil 3,49,48,713/ NIL 2018-19 Nil 1,15,39,186/ Nil Total 30,98,76,690/ 11,28,674/ Rs 11,54,93,273 Page 12 of 48 ITA No.3186/Del/2016

DSD NOELL GMBH ,NEW DELHI vs. DCIT CIRCLE-1(2)(2) INTERNATIONAL TAXATION , NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

928/ 25,92014/(Interest 24,89,914/ reduced to Total offshore Income) Rs 9,95,685/ by Ld supplies 9,95,96,358/ CIT(A) 2017-18 Nil 3,49,48,713/ NIL 2018-19 Nil 1,15,39,186/ Nil Total 30,98,76,690/ 11,28,674/ Rs 11,54,93,273 Page 12 of 48 ITA No.3186/Del/2016

DSD NOELL GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-1(2)(2), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

928/ 25,92014/(Interest 24,89,914/ reduced to Total offshore Income) Rs 9,95,685/ by Ld supplies 9,95,96,358/ CIT(A) 2017-18 Nil 3,49,48,713/ NIL 2018-19 Nil 1,15,39,186/ Nil Total 30,98,76,690/ 11,28,674/ Rs 11,54,93,273 Page 12 of 48 ITA No.3186/Del/2016

ITO, WARD-28(5), PRATYAKSHKAR BHAWAN vs. SATISH SAWHNEY, NEW DELHI

In the result, appeal filed by the Revenue is dismissed

Bench: S.Rifaur Rahman & Shri Vimal Kumarito, Ward 28 (5), Vs. Satish Sawhney, 1St Floor, West Wing, Delhi. Chandralok Building 36, Janpath, New Delhi – 110 001. (Pan : Aaaps2377N) (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate Shri Lalit Mohan, Ca Revenue By : Ms. Kirti Sankratyayan, Sr. Dr. Date Of Hearing : 07.08.2024 Date Of Order : 09.10.2024 O R D E R Per S.Rifaur Rahman, Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals/National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 29.02.2024 For Ay 2015-16. 2. Brief Facts Of The Case Are, Assessee An Individual Having Income From ‘House Property’, Capital Gain’S & Other Sources. The Assessee Filed Return Of Income On 31.8.20215 Declaring Total Income Of Rs.44,62,580/-.

capital gains’ and ‘other sources’. The assessee has declared foreign income aggregating to Rs. 2,90,32,093/- [Rs. 2,90,30,165 (foreign income-Dividend) + Rs. 1,928/- (foreign income-Interest)] and claimed expenditure of foreign expenditure of Rs. 2,30,39,645/-. 6.2. The factual matrix is that a trust was created by M/s Merrill Lynch (hereinafter referred

NAVEEN TYAGI,GHAZIABAD vs. DCIT, CENTRAL CIRCLE , GHAZIABAD

Accordingly, Ground No. 2 raised by the revenue is dismissed

Bench: Shri M. Balaganesh & Shri Vimal Kumardcit, Vs. Sushil Tyagi, Central Circle, A-2, Ganpati Ghaziabad Apartments, Civil Lines, New Delhi (Appellant) (Respondent) Pan:Aejpt6739A Dcit, Vs. Yogender Singh, Central Circle, J-6A, Sector-23, Ghaziabad Sanjay Nagar, Ghaziabad (Appellant) (Respondent) Pan:Bgcos8548E Yogender Singh, Vs. Dcit, J-6A, Sector-23, Central Circle, Sanjay Nagar, Ghaziabad Ghaziabad (Appellant) (Respondent) Pan:Bgcos8548E Naveen Tyagi, Vs. Dcit, G-302, Vvip Central Circle, Addresses, Raj Nagar Ghaziabad Extention, Ghaziabad (Appellant) (Respondent) Pan:Admpt6420A Sarika Tyagi, Vs. Dcit, H-100, Patel Nagar,- Central Circle, 3, Ghaziabad Ghaziabad (Appellant) (Respondent) Pan:Afapt5986P Assessee By : Shri Rajeev Khandelwal, Ca Shri Gagan Khandelwal, Adv Shri Jaind Jaiswal, Adv Revenue By: Ms. Sapna Bhatia, Cit Dr Date Of Hearing 23/08/2024 Date Of Pronouncement /10/2024

928/- in Assessment year 2016-17 by invoking the provisions of Section 69 of the Act. Further, in any event, even if there is any cash payment that is required to be made for purchase of flat, the said cash payment would be made by the person at the time of booking of flat or at the time of making

SARIKA TYAGI,GHAZIBAD vs. DCIT, CENTRAL CIRCLE, GHAZAIBAD

Accordingly, Ground No. 2 raised by the revenue is dismissed

Bench: Shri M. Balaganesh & Shri Vimal Kumardcit, Vs. Sushil Tyagi, Central Circle, A-2, Ganpati Ghaziabad Apartments, Civil Lines, New Delhi (Appellant) (Respondent) Pan:Aejpt6739A Dcit, Vs. Yogender Singh, Central Circle, J-6A, Sector-23, Ghaziabad Sanjay Nagar, Ghaziabad (Appellant) (Respondent) Pan:Bgcos8548E Yogender Singh, Vs. Dcit, J-6A, Sector-23, Central Circle, Sanjay Nagar, Ghaziabad Ghaziabad (Appellant) (Respondent) Pan:Bgcos8548E Naveen Tyagi, Vs. Dcit, G-302, Vvip Central Circle, Addresses, Raj Nagar Ghaziabad Extention, Ghaziabad (Appellant) (Respondent) Pan:Admpt6420A Sarika Tyagi, Vs. Dcit, H-100, Patel Nagar,- Central Circle, 3, Ghaziabad Ghaziabad (Appellant) (Respondent) Pan:Afapt5986P Assessee By : Shri Rajeev Khandelwal, Ca Shri Gagan Khandelwal, Adv Shri Jaind Jaiswal, Adv Revenue By: Ms. Sapna Bhatia, Cit Dr Date Of Hearing 23/08/2024 Date Of Pronouncement /10/2024

928/- in Assessment year 2016-17 by invoking the provisions of Section 69 of the Act. Further, in any event, even if there is any cash payment that is required to be made for purchase of flat, the said cash payment would be made by the person at the time of booking of flat or at the time of making