DCIT, CIRCLE-1(1)-EXEMPTION, NEW DELHI vs. HAMDARD LABORATORIES (INDIA) , NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2016-17

13(2)(b) of the Act and therefore, the assessee was not entitled to avail exemption under section 11 and 12 of the Act. He, therefore taxed the assessee as AOP and computed the taxable income of the assessee at Rs.1,93,93,48,991/- including therein addition of Rs. 31,20,000/- as income from house property and disallowance

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

section 10 of the Act that where a reference,\nunder the first proviso to sub-section (3) of section 143, has been made on or before\nthe 31st March, 2022 by the Assessing Officer for the contravention of certain\nprovisions of clause (23C) of section 10 of the Act, such references shall be dealt with\nin the manner provided under

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

13,71,80,294) From the above table, the Assessing Officer observed that the assessee has claimed deduction u/s. 10B without considering the brought forward unabsorbed depreciation and that the assessee has not completely followed section 32(2

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

BHARAT SANCHAR NIGAM LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

section 80IA. He submitted that ground nos. 1 and 1.1 of the Department’s appeal are also covered by the decision of the ITAT (supra). The ld. AR further submitted that ground no. 6 of the assessee’s appeal pertaining to disallowance of depreciation is also covered in assessee’s favour by the judgment of the Hon'ble Delhi High

BHARAT SANCHAR NIGAM LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

section 80IA. He submitted that ground nos. 1 and 1.1 of the Department’s appeal are also covered by the decision of the ITAT (supra). The ld. AR further submitted that ground no. 6 of the assessee’s appeal pertaining to disallowance of depreciation is also covered in assessee’s favour by the judgment of the Hon'ble Delhi High

DCIT, NEW DELHI vs. M/S. BHARAT SANCHAR NIGAM LTD., NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

section 80IA. He submitted that ground nos. 1 and 1.1 of the Department’s appeal are also covered by the decision of the ITAT (supra). The ld. AR further submitted that ground no. 6 of the assessee’s appeal pertaining to disallowance of depreciation is also covered in assessee’s favour by the judgment of the Hon'ble Delhi High

ACIT, NEW DELHI vs. M/S. BHARAT SANCHAR NIGAM LTD., NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

section 80IA. He submitted that ground nos. 1 and 1.1 of the Department’s appeal are also covered by the decision of the ITAT (supra). The ld. AR further submitted that ground no. 6 of the assessee’s appeal pertaining to disallowance of depreciation is also covered in assessee’s favour by the judgment of the Hon'ble Delhi High

COMMISSIONER OF INCOME TAX vs. GOVIND NAGAR SUGAR LIMITED

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 32(2) is that unabsorbed depreciation of a year becomes part of depreciation of subsequent year by legal fiction and when it becomes part of current year depreciation it is liable to be set off against any other income, irrespective of the fact that the earlier years return was filed in time or not. ITA No. 164/2008 Page 13

ACIT, NEW DELHI vs. M/S. FUTURZ NEXT SERVICES (P) LTD., NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

depreciation on building. The ld. Assessing Officer is in appeal before us on deletion of the disallowance u/s 14A of the Act of Rs.2,12,74,766/- and against the deletion of addition of Rs.94,32,600/- on account of deemed dividend under Section 2(22)(e) of the Act. 05 We first come to the ground

HERO FINCORP LIMITED,NEW DELHI vs. ACIT, CIRCLE 11(1), DELHI, C.R. BUILDING

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

depreciation is justified and the same is\nconfirmed. Ground nos. 8 to 11 of the appeal are dismissed.\n12.\nGround nos. 12 to 20 of the appeal are against the addition of Rs.418,66,34,625 under\nSection 56 (2)(viib) of the Act.\n12.1\nThe AO noted that during the year the assessee had issued 13492216 no. of equity

ITO (EXEMPTIONS), NEW DELHI vs. M/S. INSTITUTE OF MARKETING & MANAGEMENT, NEW DELHI

In the result, the appeal for the assessment year 2010-11 is dismissed

Bench: Shri Amit Shukla & Shri O.P. Kant

2). In this regard the first allegation of the AO is that the office bearers of the society are related to each other and as such they have direct impact on the democratic working of the society. This allegation nowhere contradicts or violates the provisions of section 13." 11. As per the provisions of Section 13, there are certain conditions

ITO (EXEMPTIONS), NEW DELHI vs. M/S. INSTITUTE OF MARKETING & MANAGEMENT, NEW DELHI

In the result, the appeal for the assessment year 2010-11 is dismissed

Bench: Shri Amit Shukla & Shri O.P. Kant

2). In this regard the first allegation of the AO is that the office bearers of the society are related to each other and as such they have direct impact on the democratic working of the society. This allegation nowhere contradicts or violates the provisions of section 13." 11. As per the provisions of Section 13, there are certain conditions

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

13,68,30,471 Deferred tax liability (net) 425,81,61,061 9,37,97,79,094 Total 302,39,58,18,339 APPLICATION OF FUNDS Fixed assets Gross Cost 152,84,05,817 Less:Accumulated depreciation and amortization 102,17,79,615 Cairn U K Holdings Limited V DCIT ( International Taxation) New Delhi

ANAND EDUCATION SOCIETY,NEW DELHI vs. ADIT (E), NEW DELHI

In the result, appeal of the assessee is allowed and that of the department is dismissed

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 761/Del/2013 : Asstt. Year : 2009-10 Anand Education Society, Vs Asstt. Director Of Income Tax(E) 30, Community Centre, Ashok Trust Circle-Ii, Vihar, Phase-I, New Delhi New Delhi-110052 (Appellant) (Respondent)

Section 2(45) of the Act and that the word "income" is a wider term than the expression "profits and gains of business or profession". Reference was made to the nature of depreciation and it was pointed out that depreciation was nothing but decrease in the value of property through wear, deterioration or obsolescence. It was observed that depreciation

ADIT (E), NEW DELHI vs. ANAND EDUCATION SOCIETY, NEW DELHI

In the result, appeal of the assessee is allowed and that of the department is dismissed

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 761/Del/2013 : Asstt. Year : 2009-10 Anand Education Society, Vs Asstt. Director Of Income Tax(E) 30, Community Centre, Ashok Trust Circle-Ii, Vihar, Phase-I, New Delhi New Delhi-110052 (Appellant) (Respondent)

Section 2(45) of the Act and that the word "income" is a wider term than the expression "profits and gains of business or profession". Reference was made to the nature of depreciation and it was pointed out that depreciation was nothing but decrease in the value of property through wear, deterioration or obsolescence. It was observed that depreciation

THE COMMISSIONER OF INCOME TX-IV vs. INDRAPRASTHA GAS LTD.

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

2. The dispute in the present lis revolves around land bearing No.1, Man Singh Road, New Delhi ad-measuring 3.78 acres and the hotel building constructed thereon :‘Taj Man Singh Hotel’. The land had been allotted on a perpetual lease by the Government of India, L&DO (Land and Development) office vide allotment letter dated July 13

HAMDARD NATION FOUNDATION (INDIA),NEW DELHI vs. ACIT (E), 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. 1641/Del/2019 : Asstt. Year : 2013-14 Hamdard National Foundation Vs Acit(E), (India), Hamdard Building, 2A/3, New Delhi-110002 Asaf Ali Road, New Delhi-110002 (Appellant) (Respondent) Pan No. Aaath0843G Assessee By : Sh. R. M. Mehta, Sr. Adv. Revenue By : Sh. Anupam Kant Garg, Cit Dr Date Of Hearing: 28.05.2020 Date Of Pronouncement: 03.06.2020

Section 13(3) of the Act without any evidence and without discharging the onus that lay on the AO under the law. 3. That the CIT(A) failed to appreciate that the lease transactions were between two Charitable Institutions and no individual had derived any benefit there from. 2 Hamdard National Foundation 4. Without prejudice to the aforesaid grounds even