ACIT, NEW DELHI vs. M/S SPLENDOR LANDBASE LTD.,, NEW DELHI

In the result, the Appeal filed by the Revenue stand dismissed

Bench: Shri H.S. Sidhu & Shri O.P. Kanti.T.A. No.2461/Del/2016 A.Y. : 2010-11 Assistant Commissioner M/S Splendor Landbase Of Income, Central Vs. Limited, Circle-3, F-38/2, Splendor House, New Delhi Okhla Industrial Area, Phase-Ii, New Delhi (Pan: Aaeca3986E) (Appellant) (Respondent) & C.O. No. 215/Del/2016 In I.T.A. No. 2461/Del/2016 A.Y. : 2010-11 M/S Splendor Landbase Assistant Commissioner Limited, Vs. Of Income, Central Circle- F-38/2, Splendor House, 3, Okhla Industrial Area, New Delhi Phase-Ii, New Delhi (Pan: Aaeca3986E) (Appellant) (Respondent)

139(1) would not be applicable for carrying forward of unabsorbed depreciation and investment allowance. Under Section 32(2) unabsorbed depreciation of a year becomes part of depreciation of subsequent year by legal fiction and when it becomes part of the current year depreciation it was liable to be set off against any other income, irrespective of whether the earlier

DCIT CENTRAL CIRCLE-17, NEW DELHI vs. AL AMMAR FROZEN FOODS EXPORTS PVT. LTD, NEW DELHI

In the result, appeal of the Revenue is dismissed and cross\nobjection filed by the assessee is dismissed as infructuous

Section 139(5) of the Act on 29.09.2020.\nHowever, due to a software error while generating the XML, the\nbrought forward business losses and unabsorbed depreciation

SARAVJIT BHATIA,FARIDABAD vs. ITO,WARD-11(3), FARIDABAD

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: Sh. R. K. Pandaassessment Year: 2015-16 Sarvajit Bhatia Income Tax Officer A-362, Dabua Colony, Pali Vs Ward – 11 (3) Road, Faridabad Faridabad Pan No.Akmpb4292K (Appellant) (Respondent)

5). No such language or intention flows from such provision. 7. The Allahabad High Court in case of Dhampur Sugar Mills Ltd. vs. Commissioner of Income Tax, Delhi Central reported in [1973] 90 ITR 236, in the context of the Income Tax Act, 1922 held that the assessee is given a right to file a correct and complete return

COMMISSIONER OF INCOME TAX vs. GOVIND NAGAR SUGAR LIMITED

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

139 of the Act. 4. The relevant provision, as contained in Section 32(2) of the Act reads as under:- 32(2) “Where in the assessment of the assessee full effect cannot be given to any allowance under clause (ii) of sub-section (1) in any previous year owing to there being no profits or gains chargeable for that previous

ITO, NEW DELHI vs. M/S. HIMALAYA INTERNATIONAL LTD., HIMACHAL PRADESH

In the result appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2012-13

depreciation. The capital-work-in- progress as per the audited balance sheet as on 31st March, 2008 was Rs. 22,13,39,000/- and as on 31/3/2009 it was reflected at Rs. 14,27,66,000/-. After claiming deduction u/s 80IC on account of substantial expansion of the unit for Rs. 12,80,92,168/-, the return filed u/s 139

M/S. HIMALYA INTERNATIONAL LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2012-13

depreciation. The capital-work-in- progress as per the audited balance sheet as on 31st March, 2008 was Rs. 22,13,39,000/- and as on 31/3/2009 it was reflected at Rs. 14,27,66,000/-. After claiming deduction u/s 80IC on account of substantial expansion of the unit for Rs. 12,80,92,168/-, the return filed u/s 139

ITO, NEW DELHI vs. M/S. HIMALAYA INTERNATIONAL LTD., HIMACHAL PRADESH

In the result appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2012-13

depreciation. The capital-work-in- progress as per the audited balance sheet as on 31st March, 2008 was Rs. 22,13,39,000/- and as on 31/3/2009 it was reflected at Rs. 14,27,66,000/-. After claiming deduction u/s 80IC on account of substantial expansion of the unit for Rs. 12,80,92,168/-, the return filed u/s 139

ARVIND KUMAR AGARWAL,DELHI vs. ITO,WARD-18(1), DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

139(1) of the I.T. Act to be eligible for the benefit of section 10AA of the I.T. Act. Sub-section (8) of section 10AA of the I.T. Act reads as follows:- “(8) The provisions of sub-sections (5)62 and (6) of section 10A shall apply to the articles or things or services referred to in sub-section

M/S. HAVELLS INDIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Vs Havells India Ltd. Acit 1, Raj Narian Marg, Ltu Civil Lines New Delhi New Delhi Aaach0351E (Respondent) (Appellant)

depreciation from eligible business of earlier assessment years which were already set-off against income of assessee from other business activities in such assessment years. The Hon’ble Rajasthan High Court in case of CIT vs. Mewar Oil & General Mills Ltd. 271 ITR 311, while considering identical issue, observed that losses of earlier years already set off against income

DIRECTOR OF INCOME TAX (EXEMPTION) vs. AIPECCS SOCIETY

5 of 71 and because of which, there is crisis of leadership in most walks of life. c) To arrange and provide for scholarship for education to meritorious children of limited means. d) To organize and conduct other activities, which further the cause of education, particularly at school level, and specifically for Gifted Children. e) To promote progress, prosperity

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI ANKUR AGGARWAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

5, was unfounded. 12. The first question involves interpretation of Section 271(1)(c) of the Act. For convenience, the relevant provision of the Act is reproduced below: “Section 271 (1) If the Assessing Officer or the Principal Commissioner or Commissioner (Appeals) or the Principal Commissioner or Commissioner in the course of any proceedings under this Act, is satisfied that

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI ANKUR AGGARWAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

5, was unfounded. 12. The first question involves interpretation of Section 271(1)(c) of the Act. For convenience, the relevant provision of the Act is reproduced below: “Section 271 (1) If the Assessing Officer or the Principal Commissioner or Commissioner (Appeals) or the Principal Commissioner or Commissioner in the course of any proceedings under this Act, is satisfied that

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI NEERAJ JINDAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

5, was unfounded. 12. The first question involves interpretation of Section 271(1)(c) of the Act. For convenience, the relevant provision of the Act is reproduced below: “Section 271 (1) If the Assessing Officer or the Principal Commissioner or Commissioner (Appeals) or the Principal Commissioner or Commissioner in the course of any proceedings under this Act, is satisfied that

DCIT, HISAR vs. M/S SYNERGY WASTE MANAGEMENT PVT. LTD.,, HISAR

In the result, all the five captioned appeals filed by the Revenue are dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

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. 10. Now I advert to the requirements of section 80A(5), which stipulates that no deduction under other sections

DCIT, HISAR vs. M/S SYNERGY WASTE MANAGEMENT PVT. LTD.,, HISAR

In the result, all the five captioned appeals filed by the Revenue are dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

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. 10. Now I advert to the requirements of section 80A(5), which stipulates that no deduction under other sections

DCIT, HISAR vs. M/S SYNERGY WASTE MANAGEMENT PVT. LTD.,, HISAR

In the result, all the five captioned appeals filed by the Revenue are dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

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. 10. Now I advert to the requirements of section 80A(5), which stipulates that no deduction under other sections

DCIT, HISAR vs. M/S SYNERGY WASTE MANAGEMENT PVT. LTD.,, HISAR

In the result, all the five captioned appeals filed by the Revenue are dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

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. 10. Now I advert to the requirements of section 80A(5), which stipulates that no deduction under other sections

BSC C&C JV,NEW DELHI vs. ACIT CIRCLE-62(1), NEW DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri C. N. Prasad & Shri M. Balaganeshm/S. Bsc C&C Joint Venture, Vs. Acit, 74, Hemkunt Colony, Circle-62(1), New Delhi-110048 New Delhi (Appellant) (Respondent) Pan: Aadfb8115G Assessee By : Shri Rohit Jain, Adv Shri Deepesh Jain, Adv Revenue By: Shri Jitender Singh, Cit Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 20/08/2025

139(4) of the Act, then deduction u/s 80IA of the Act shall not be eligible to an assessee. This is what precisely Wipro Ltd decision of Hon‟ble Supreme Court reported in 446 ITR 1 (SC) held. The Learned AR placed reliance on the provisions of section 80IA(7) of the Act. In our considered opinion, the same speaks