DCIT, NEW DELHI vs. M/S UNITED HEALTH GROUP INFORMATION SERVICES PVT. LTD, NEW DELHI

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2011-12 Optum Global Solutions (India) Vs Dcit, Private Limited Circle-27(1), (Formerly Known As United Health Cr Building, Group Information Services Pvt. New Delhi. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q Assessment Year: 2011-12 Dcit, Vs Optum Global Solutions (India) Circle-27(1), Private Limited Cr Building, (Formerly Known As United Health New Delhi Group Information Services Pvt. Ltd.), 11Th Floor, Tower A, Dlf Towers Jasola, Jasola District Centre, New Delhi. Pan: Aadca6769Q (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao & Shri S. Chakraborty, Advocates Revenue By : Shri Anupam Kant Garg, Cit, Dr Date Of Hearing : 16.06.2020 Date Of Pronouncement : 25.08.2020

4. The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal.” 17. The ld. DR heavily relied on the order of the TPO. He submitted that the TPO, after considering FAR analysis has selected those comparables

CIT vs. TEI TECHNOLOGIES PVT LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

depreciation and losses of the unit, the income from which was not eligible for deduction under Section 10A cannot be set off against the current profit of the eligible unit for computing the deduction under Section 10A. Referring to its earlier judgment in the case of Hindustan Unilever Ltd. (supra) it was held as under: - “2. Section

CIT vs. TEI TECHNOLOGIES PVT LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

depreciation and losses of the unit, the income from which was not eligible for deduction under Section 10A cannot be set off against the current profit of the eligible unit for computing the deduction under Section 10A. Referring to its earlier judgment in the case of Hindustan Unilever Ltd. (supra) it was held as under: - “2. Section

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

4) Notwithstanding anything to the contrary contained in section 10A or section 10AA or section 10B or section 10BA or in any provisions of this Chapter under the heading ―C – Deductions in respect of certain incomes‖, where, in the case of an assessee, any amount of profits and gains of an undertaking or unit or enterprise or eligible business

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 and that the assessee has not completely followed section 32(2) for computing its income whereas the income from profit and gains of the business or profession should be computed as per section 29 of the Act and in accordance with the provisions of section 30 to 43C. The Assessing Officer also referred to section 10B(4

M/S. ART BEAUTY EXPORT,NEW DELHI vs. ITO, NEW DELHI

In the result, all three appeals of the assessee are allowed and appeal of the revenue is dismissed

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

4. It is submitted that in the instant case, learned CIT has revised the orders of assessment for three assessment years i.e. AY 2006-07, 2007-08 and 2009-10 under section 263 of the Act. It is submitted that in so far as the orders of assessment for the AY 2006-07 and 2007-08 are concerned, such orders

M/S. ARTS BEAUTY EXPORTS,DELHI vs. ITO, NEW DELHI

In the result, all three appeals of the assessee are allowed and appeal of the revenue is dismissed

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

4. It is submitted that in the instant case, learned CIT has revised the orders of assessment for three assessment years i.e. AY 2006-07, 2007-08 and 2009-10 under section 263 of the Act. It is submitted that in so far as the orders of assessment for the AY 2006-07 and 2007-08 are concerned, such orders

ITO, NEW DELHI vs. M/S. ART BEAUTY EXPORTS, NEW DELHI

In the result, all three appeals of the assessee are allowed and appeal of the revenue is dismissed

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

4. It is submitted that in the instant case, learned CIT has revised the orders of assessment for three assessment years i.e. AY 2006-07, 2007-08 and 2009-10 under section 263 of the Act. It is submitted that in so far as the orders of assessment for the AY 2006-07 and 2007-08 are concerned, such orders

M/S. ARTS BEAUTY EXPORTS,DELHI vs. ITO, NEW DELHI

In the result, all three appeals of the assessee are allowed and appeal of the revenue is dismissed

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

4. It is submitted that in the instant case, learned CIT has revised the orders of assessment for three assessment years i.e. AY 2006-07, 2007-08 and 2009-10 under section 263 of the Act. It is submitted that in so far as the orders of assessment for the AY 2006-07 and 2007-08 are concerned, such orders

DCIT, GURGAON vs. M/S. Q.H. TALBROS LTD., GURGAON

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

4) mandates the application of the formula for determining the profits derived from exports for the purposes of Section 10B(1). In other words, the formula would read thus: Profits derived = profits of the business x export turnover from export of the undertaking total turnover 9A. In terms of the above formula, the question that would arise is whether

DCIT, GURGAON vs. M/S. Q.H. TALBROS LTD., GURGAON

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

4) mandates the application of the formula for determining the profits derived from exports for the purposes of Section 10B(1). In other words, the formula would read thus: Profits derived = profits of the business x export turnover from export of the undertaking total turnover 9A. In terms of the above formula, the question that would arise is whether

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

4. Sub-section (6) of sections 10A and 10B were amended by Finance Act, 2003 with retrospective effect from 1-4-2001. Circular No. 7/2003, dated 5- 9-2003 explains the amendments brought by Finance Act, 2003. The relevant paragraph is reproduced below: "20. Providing for carry forward of business losses and unabsorbed depreciation

DCIT, NEW DELHI vs. M/S. RIVIERA HOME FURNISHING (P) LTD., DELHI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 M/S. Riviera Home Furnishings Vs. Acit, Range-15, New Delhi Pvt. Ltd., 501, 5Th Floor, Aggarwal Corporate Heights, Netaji Subhash Place, District Centre, Wazirpur, Delhi Pan : Aaacr4448J (Appellant) (Respondent) & Assessment Year: 2009-10 Vs. M/S. Riviera Home Furnishings Dcit, Circle-15(1), Room No. Pvt. Ltd., 501, 5Th Floor, 412, C.R. Building, I.P. Estate, New Delhi Aggarwal Corporate Heights, Netaji Subhash Place, District Centre, Wazirpur, Delhi Pan : Aaacr4448J (Appellant) (Respondent) Assessee By Sh. Ved Jain, Advocate, Sh. Ashish Goel, Ca & Sh. Ashish Chadha, Ca Department By Sh. F.R. Meena, Sr. Dr Date Of Hearing 22.08.2016 Date Of Pronouncement 21.10.2016 Order

4. The ground No. 1 and 2 of the assessee’s appeal are general in nature and, therefore, not required to be adjudicated upon specifically. 5. The ground No. 3 of the assessee’s appeal relates to the issue whether section 10B is a deduction or an exemption provision. 5.1 The learned Authorized Representative of the assessee submitted that

DY. COMMISSIONER OF INCOME TAX, CIRCLE, HISAR vs. SYNERGY WASTE MANAGEMENT PRIVATE LIMITED, HISAR

Appeal is dismissed in above terms

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3557/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Synergy Waste Management Pvt. Circle, Ltd., #168, Sector-27-28, Hisar, Hisar, Haryana-125001 Haryana-125001 (Appellant) (Respondent) Pan No. Aaics9088H Assessee By : Sh. S. K. Gupta, Ca Revenue By : Sh. Sahil Kumar Bansal, Sr. Dr Date Of Hearing: 12.12.2024 Date Of Pronouncement: 20.12.2024 Order Per Satbeer Singh Godara: This Revenue’S Appeal For Assessment Year 2017-18, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2023-24/105727025(1) Dated 20.10.2023, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

4); the six deductions as referred to in section 80AC must necessarily be claimed in the return filed u/s 139(1) only. Ex consequenti, the contention that since section 80P is not covered under section 80AC, the deduction under this section becomes automatically allowable without adhering to the requirement of section 80A(5), is bereft of force and hence dismissed

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

4) of section 10B of the Act, first the profit of the business has to be computed under the head ‘profit and gains of the business or profession’ and in then profit is to be apportioned between the export turnover and the local turnover. Accordingly, the Assessing Officer computed the deduction under section 10B of the Act allowable

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

4) of section 10B of the Act, first the profit of the business has to be computed under the head ‘profit and gains of the business or profession’ and in then profit is to be apportioned between the export turnover and the local turnover. Accordingly, the Assessing Officer computed the deduction under section 10B of the Act allowable

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

4) of section 10B of the Act, first the profit of the business has to be computed under the head ‘profit and gains of the business or profession’ and in then profit is to be apportioned between the export turnover and the local turnover. Accordingly, the Assessing Officer computed the deduction under section 10B of the Act allowable

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

4) of section 10B of the Act, first the profit of the business has to be computed under the head ‘profit and gains of the business or profession’ and in then profit is to be apportioned between the export turnover and the local turnover. Accordingly, the Assessing Officer computed the deduction under section 10B of the Act allowable

DCIT, CIRCLE- 8(1), NEW DELHI vs. EBIX SOFTWARE INDIA PVT. LTD., NEW DELHI

Bench: Shri R.K. Panda & Ms Suchitra Kamble

10B Units which were retained by the company and classified as Noida DTA, It is also clarified that during the instant year, expenditure claimed on depreciation in respect of the said Noida DTA assets is of Rs. 52,74,157/-. A copy of the chart of depreciation of assets of Noida DTA is placed at page 152 of the Paper