KANPUR DEVELOPMENT AUTHORITY,KANPUR vs. ADDL.CIT, EXEMPTION RANGE, GHAZIABAD

In the result the appeal of the revenue is dismissed

Bench: Shri Shamim Yahya, /And Shri Sudhir Pareek

depreciation holding that assessee is enjoying exemption u/s 11 since inception and the assets was created out of exempt Income

ACIT, NEW DELHI vs. M/S. NIIT TECHNOLOGIES LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed and cross objection of the assessee is allowed for statistical purposes

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2006-07

depreciation, the assessee may get exemption but none the less he cannot take only a portion of depreciation just to suit

ADIT (E), NEW DELHI vs. FORTUNE SOCIETY FOR DEVELOPMENT AND PROMOTION OF INTERNATIONAL BUSINESS, NEW DELHI

In the result ground No. 2

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiadit(E), Vs. Fortune Society For Tc-Ii, New Delhi Development & Promotion Of International Business, G-4, Community Centre, Naraina Vihar, New Delhi Pan:Aaatf0849L (Appellant) (Respondent)

exemption) and held that he is not the right, authority to issue such certificate. He further held that as assessee has already been granted deduction on account of capital expenditure in earlier years the claim of depreciation

DCIT, NEW DELHI vs. M/S. COMPETENT SOFTWARE PVT. LTD., NEW DELHI

The appeals are dismissed

Bench: Shri R. S. Syal & Ms Suchitra Kamble

depreciation of Section10B exempted units from the profits of Section 10B exempted unit and secondly, set off losses of Section

COMPETENT SOFTWARE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeals are dismissed

Bench: Shri R. S. Syal & Ms Suchitra Kamble

depreciation of Section10B exempted units from the profits of Section 10B exempted unit and secondly, set off losses of Section

JCIT (OSD), GHAZIABAD vs. M/S. SHRI BANKEY BIHARI EDUCATIONAL SOCIETY, GHAZIABAD

In the result appeal filed by revenue stands dismissed

Bench: Sri R.S.Syal & Smt. Beena A Pillaia.Y. 2012-13 Jcit (Osd), Vs. Shri Bankey Bihari Educational Society Exemption-Circle Nh 24, Near Masuri Canal Ghaziabad Ghaziabad Pan: Aadts4234G (Appellant) (Respondent)

depreciation arose as assessee claimed capital expenditure as application of income for exemption under section 11, and depreciation on the same

ITO, NEW DELHI vs. M/S. BHOLANATH INDUSTRIES LTD., NEW DELHI

Appeal stands allowed for statistical

Bench: Shri B.P.Jain & Shri Sudhanshu Srivastava

depreciation against the income claimed exempt u/s 10B of the I.T. Act earned during the tax holiday period. 3. The appellant

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

exemption, therefore, one cannot exclude depreciation allowance while computing profits derived from a newly established undertaking. 2. On the facts

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

exemption, therefore, one cannot exclude depreciation allowance while computing profits derived from a newly established undertaking. 2. On the facts

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

exemption, therefore, one cannot exclude depreciation allowance while computing profits derived from a newly established undertaking. 2. On the facts

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

exemption, therefore, one cannot exclude depreciation allowance while computing profits derived from a newly established undertaking. 2. On the facts

DCIT (EXEMPTION), NEW DELHI vs. M/S. NAV NIRMAN SEWA SAMITI, DELHI

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

Bench: Shri O.P. Kant & Shri Kuldip Singh[Through Video Conferencing]

exemption is available even when the income is applied for acquiring a capital asset. In view of this, charitable institutions were not eligible for depreciation

COMMISSIONER OF INCOME TAX DELHI -II vs. KEI INDUSTRIES LIMITED

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.K.GAUBA

exemption provision. It may be true that even after taking into consideration the unabsorbed depreciation, the Assessee may get exemption

STERIA INDIA LTD. (ESTWHILE XANSA INDIA LTD.),NOIDA vs. ACIT, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri S.V. Mehrotra & Smt Suchitra Kamblesteria India Ltd. (Estwhile Vs Acit Xansa India Ltd.) Circle-18(1) Seaview Special Economic New Delhi Zone, Building 4, Plot No. 20 & (Respondent) 21, Sector-135, Gautam Budh Nagar Noida Aaacx0385L (Appellant) Dcit Vs Xansa India Ltd. Circle-18(1) (Now Known As Steria India Ltd.,) New Delhi C-2, Sector-1 (Appellant) Noida Aaacx0385L (Respondent)

depreciation. Section 10A & 10B are exemption Sections and are not at par with Chapter VI of the Act. The computation

DCIT, NEW DELHI vs. M/S XANSA INDIA LTD.,, NOIDA

In the result, appeal of the assessee is allowed

Bench: Shri S.V. Mehrotra & Smt Suchitra Kamblesteria India Ltd. (Estwhile Vs Acit Xansa India Ltd.) Circle-18(1) Seaview Special Economic New Delhi Zone, Building 4, Plot No. 20 & (Respondent) 21, Sector-135, Gautam Budh Nagar Noida Aaacx0385L (Appellant) Dcit Vs Xansa India Ltd. Circle-18(1) (Now Known As Steria India Ltd.,) New Delhi C-2, Sector-1 (Appellant) Noida Aaacx0385L (Respondent)

depreciation. Section 10A & 10B are exemption Sections and are not at par with Chapter VI of the Act. The computation

PHONIX LAMPS LTD vs. ADDL CIT RANGE,

The appeal of the assessee stands allowed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishiassessment Year : 2003-04 M/S Pheonix Lamps Ltd., Vs Addl. Cit, 59A, Nsez, Phase-Ii, Range Noida. Noida. (Appellant) (Respondent) Appellant By :S/Shri Shashwat Bajpai, Sharat Agrawal, Adv. Respondent By : Shri Atiq Ahmad, Sr. Dr Date Of Hearing: 03.08.2017 Date Of Pronouncement: 31.10.2017 O R D E R

depreciation relating to non- 9 I.T.A. 2845/Del/2007 Assessment year 2003-04 exemption years that is assessment year 1993–94, 94–95 and 1995–96 could

ITO (E), DELHI vs. M/S. ALLIANCE FRANCAISE DE DELHI, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2012-13 Ito(E), Vs. M/S. Alliance Francaise De Trust Ward-1(1), Delhi, Delhi 72, Lodhi Road, Lodhi Estate, New Delhi Pan :Aabta3939P (Appellant) (Respondent) Appellant By Shri Manoj Kumar Mahar, Sr.Dr Respondent By Shri Sandeep Sapra

exemption under section 11 of the Act from activities other than the main object of the society. The Assessing Officer also restricted the claim of the depreciation

COMMISSIONER OF INCOME vs. NG TECHNOLOGIES LTD

The appeal is disposed of

depreciation chart. Further, the assessee was required to furnish details of all exemptions and deductions. The assessee was also required