M/S. A.T. KEARNEY INDIA PRIVATE LIMITED,GURGAON vs. ITO, NEW DELHI

In the result the ground No

Bench: Smt Diva Singh & Shri Prashant Maharishiat Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent) At Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent)

23 of 31 profits‟ to be substituted for the declared profits as per sub-section (10) of section 80IA. 10. The ld. AR has commended to us the judgment of the Hon‟ble Bombay High Court in CIT Vs Schmetz India Pvt. Ltd. (2012) 254 CTR (Bom.) 504 in which it has been held that merely because an assessee makes

M/S THE ORIENTAL INSSURANCE CO.LTD.,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmam/S. The Oriental Insurance Co. Ltd, Vs. The Dcit, A 25/27, Asaf Ali Road, Ltu, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan: Aaact0627R

depreciation, we observe that it was so decided because assessee failed to furnish relevant information before the Assessing Officer along with Audit Report. Facts of the present assessment year are different as Ld. AR sufficiently demonstrated that the details were very much available before Ld. AO and Assessing Officer has not taken any steps to verify the same

THE ORIENTAL INSURANCE CO. LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

23,29,329/- on account of Profit on Sale/ Redemption of Investment. 2. That on facts and in law the CIT(A) erred in upholding the action of Assessing Officer {hereinafter referred to as “AO”} in denying benefit of exemption u/s 10(38) of the Income Tax Act, 1961 {hereinafter referred to as “Act”}. 2.1 Without prejudice, on facts

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. THE ORIENTAL INSURANCE CO. LTD., NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

23,29,329/- on account of Profit on Sale/ Redemption of Investment. 2. That on facts and in law the CIT(A) erred in upholding the action of Assessing Officer {hereinafter referred to as “AO”} in denying benefit of exemption u/s 10(38) of the Income Tax Act, 1961 {hereinafter referred to as “Act”}. 2.1 Without prejudice, on facts

COMMISSIONER OF INCOME TAX-VI vs. VRM INDIA LTD

23. The detailed scope of the work as enumerated above which was undertaken by the assessee, it can safely be concluded that on the facts of the case, the assessee has worked 2015:DHC:2616-DB ITA No.2069/2010, 318/2014 & ITA No.320/2014 Page 9 as a developer and not merely as a work contractor. Accordingly, we do not find any merit

COMMISSIONER OF INCOME TAX-VI vs. VRM INDIA LTD

23. The detailed scope of the work as enumerated above which was undertaken by the assessee, it can safely be concluded that on the facts of the case, the assessee has worked 2015:DHC:2616-DB ITA No.2069/2010, 318/2014 & ITA No.320/2014 Page 9 as a developer and not merely as a work contractor. Accordingly, we do not find any merit

COMMISSIONER OF INCOME TAX-VI vs. VRM INDIA LTD

23. The detailed scope of the work as enumerated above which was undertaken by the assessee, it can safely be concluded that on the facts of the case, the assessee has worked 2015:DHC:2616-DB ITA No.2069/2010, 318/2014 & ITA No.320/2014 Page 9 as a developer and not merely as a work contractor. Accordingly, we do not find any merit

ANSAL HOUSING & CONSTRUCTION LTD,NEW DELHI vs. ACIT, NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

depreciation as allowed in the past. In the result, ground nos.2 and 3 are allowed for statistical purposes. 10. Apropos ground nos.6 and 7, ld. counsel pointed out that during the course of assessment proceedings, the assessee vide letter dated 21.12.2006, filed revised computation of income claiming additional TDS of Rs.50,192/-. The certificates were also annexed to the said

THE ACIT.,, NEW DELHI vs. M/S. ANSAL HOUSING & CONSTRUCTION LTD.,, NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

depreciation as allowed in the past. In the result, ground nos.2 and 3 are allowed for statistical purposes. 10. Apropos ground nos.6 and 7, ld. counsel pointed out that during the course of assessment proceedings, the assessee vide letter dated 21.12.2006, filed revised computation of income claiming additional TDS of Rs.50,192/-. The certificates were also annexed to the said

DCIT, NEW DELHI vs. M/S. ANSAL HOUSING & CONSTRUCTION LTD., NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

depreciation as allowed in the past. In the result, ground nos.2 and 3 are allowed for statistical purposes. 10. Apropos ground nos.6 and 7, ld. counsel pointed out that during the course of assessment proceedings, the assessee vide letter dated 21.12.2006, filed revised computation of income claiming additional TDS of Rs.50,192/-. The certificates were also annexed to the said

ANSAL HOUSING & CONSTRUCTION LTD,NEW DELHI vs. ACIT CC-20, NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

depreciation as allowed in the past. In the result, ground nos.2 and 3 are allowed for statistical purposes. 10. Apropos ground nos.6 and 7, ld. counsel pointed out that during the course of assessment proceedings, the assessee vide letter dated 21.12.2006, filed revised computation of income claiming additional TDS of Rs.50,192/-. The certificates were also annexed to the said

CONFRERE EDUCATIONAL SOCIETY,NOIDA vs. ITO (EXEMPTION), NOIDA

In the result, the appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharma

SECTION 56 "INCOME FROM OTHER SOURCES without any deduction of expenses incurred for carrying out the same activity. 5. That the order of Ld. CIT(A) is perverse being self contradictory as well as contrary to the Act and registration granted by the Commissioner of Income Tax (Exemption) u/s 12AA read with S.2(15). 6. That the order

M/S ACTIVE SECURITIES LIMITED,NEW DELHI vs. ITO, NEW DELHI

The appeals are allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

23,739 Total 10,55,911 11.2 Further, the appellant is also entitled to claim depreciation of Rs. 6,98,81,906 including depreciation of Rs. 2,81,24,572 in relation to assets other than building). Reliance, in this regard was placed on the decision of the Hon'ble Delhi High Court in the case of Jay Metal Industries

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

23 of business and profession". However, in order the same will not suffer tax deduction will have to be made -in respect of such profits while computing the income under the head "Profits and gains of business and profession". In other words, a deduction in respect of profits eligible under section 10A is required to be made at the stage

COMMISSIONER OF INCOME TAX vs. RAJAN NANDA

The appeals of the Revenue are dismissed and those

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

10(10D) and 37(1) of the Act in a proper perspective. He argued that as per the aforesaid Circular, the object of a keyman insurance policy is to enable business organizations to insure the life of a keyman in order to protect the business against the financial loss which may occur in the likely eventuality of premature death

COMMISSIONER OF INCOME TAX vs. RAJAN NANDA

The appeals of the Revenue are dismissed and those

10(10D) and 37(1) of the Act in a proper perspective. He argued that as per the aforesaid Circular, the object of a keyman insurance policy is to enable business organizations to insure the life of a keyman in order to protect the business against the financial loss which may occur in the likely eventuality of premature death

LANDBASE INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

23 September 1986: 162 ITR (St) 21 explained the scheme of depreciation on block of assets. It was clarified that in the block concept, individual identity of the asset is lost, and depreciation is allowed with reference to the entire block. In view of the above, he submitted that depreciation is to be allowed on the block of asset

LANDBASE INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

23 September 1986: 162 ITR (St) 21 explained the scheme of depreciation on block of assets. It was clarified that in the block concept, individual identity of the asset is lost, and depreciation is allowed with reference to the entire block. In view of the above, he submitted that depreciation is to be allowed on the block of asset