DCIT, CIRCLE-II(I) vs. I.F.C.I. LTD.,,

In the result ITA number 2205/Del/2005 filed by the learned assessing officer is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

9), we are of the view that the return filed on 27-3-2003 is a valid revised return. The revised return takes the place of the original return and the original return having been admittedly filed within the time allowed under section 139(1) , the loss will have to be carried forward. The return filed

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)

depreciation of Rs 40,35,877/- and allow set off in the next/subsequent years, which does not need any interference on our part, hence, we uphold the finding of the Ld. CIT(A) on this issue and accordingly reject the grounds raised by the Revenue. In the result, the Revenue’s appeal is dismissed. ASSESSEE’S CROSS OBJECTION 8. Apropos

DIRECTOR OF INCOME TAX DELHI vs. M/S LUFTHANSA CARGO INDIA P .

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

depreciation. The aggregate of the direct expenditure incurred outside India works out to 55%, 81% and 67% of the total expenses debited to Profit & ITA 95/2005 Page 12 Loss Account of each of the three years. It is submitted that remaining indirect expenditure was on account of Head Office expenses in India and expenditure on the ground staff, overnight stay

DIRECTOR OF INCOME TAX DELHI vs. M/S LUFTHANSA CARGO INDIA P .

depreciation. The aggregate of the direct expenditure incurred outside India works out to 55%, 81% and 67% of the total expenses debited to Profit & 2015:DHC:4797-DB ITA 95/2005 Page 12 Loss Account of each of the three years. It is submitted that remaining indirect expenditure was on account of Head Office expenses in India and expenditure

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(1) & (3), could be carried forward. ITA No. 164/2008 Page 6 of 13 9. The question that follows for consideration is as to whether the loss referred under Section 80 of the Act also includes unabsorbed depreciation

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

depreciation. It is\npertinent to note that the aforementioned revised returns were\nfiled within the extended timeline provided by CBDT Circular dated\n30.09.2020, which allowed filing of revised returns for AY 2019-20\nup to 30.11.2020 under Section 139(5) of the Act.\n\n3.\nOn 26.11.2020, the CPC issued an intimation under Section\n143(1) of the Act proposing

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

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

depreciation on computer peripherals based upon various decisions of the courts wherein we do not find any infirmity. 18. In view of above, the appeals filed by the Revenue are dismissed.” 10.14. We find the Hon’ble Delhi High Court in the case of DIT (Intl.) vs., Panalfa Autoelekrik Ltd. vide order dated 18/09/2014 has observed as under

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

depreciation on computer peripherals based upon various decisions of the courts wherein we do not find any infirmity. 18. In view of above, the appeals filed by the Revenue are dismissed.” 10.14. We find the Hon’ble Delhi High Court in the case of DIT (Intl.) vs., Panalfa Autoelekrik Ltd. vide order dated 18/09/2014 has observed as under

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

depreciation on computer peripherals based upon various decisions of the courts wherein we do not find any infirmity. 18. In view of above, the appeals filed by the Revenue are dismissed.” 10.14. We find the Hon’ble Delhi High Court in the case of DIT (Intl.) vs., Panalfa Autoelekrik Ltd. vide order dated 18/09/2014 has observed as under

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

depreciation on computer peripherals based upon various decisions of the courts wherein we do not find any infirmity. 18. In view of above, the appeals filed by the Revenue are dismissed.” 10.14. We find the Hon’ble Delhi High Court in the case of DIT (Intl.) vs., Panalfa Autoelekrik Ltd. vide order dated 18/09/2014 has observed as under

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

depreciation on computer peripherals based upon various decisions of the courts wherein we do not find any infirmity. 18. In view of above, the appeals filed by the Revenue are dismissed.” 10.14. We find the Hon’ble Delhi High Court in the case of DIT (Intl.) vs., Panalfa Autoelekrik Ltd. vide order dated 18/09/2014 has observed as under

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

depreciation on computer peripherals based upon various decisions of the courts wherein we do not find any infirmity. 18. In view of above, the appeals filed by the Revenue are dismissed.” 10.14. We find the Hon’ble Delhi High Court in the case of DIT (Intl.) vs., Panalfa Autoelekrik Ltd. vide order dated 18/09/2014 has observed as under

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

depreciation on computer peripherals based upon various decisions of the courts wherein we do not find any infirmity. 18. In view of above, the appeals filed by the Revenue are dismissed.” 10.14. We find the Hon’ble Delhi High Court in the case of DIT (Intl.) vs., Panalfa Autoelekrik Ltd. vide order dated 18/09/2014 has observed as under

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)

Section 139, a revised return could be filed in respect of such a return. We are conscious that we are not directly concerned with such a situation. 9. In view of the above discussion, we do not find any error in the view of the Appellate Tribunal. Tax appeal is, therefore, dismissed. 16. I find the Mumbai Bench

DDIT, NEW DELHI vs. M/S. MSV INTERNATIONAL INC., GURGAON

In the result appeal of the revenue for both the years are dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiddit, Msv International Inc., Circle-3(2), International D-7, South City-I, Taxation, New Delhi Vs. Gurgaon Pan:Aadcm1304M (Appellant) (Respondent) Ddit, Msv International Inc., Circle-3(2), Room No.411, D-7, South City-I, Vs. International Taxation, Drum Gurgaon Shaped Building, Pan:Aadcm1304M New Delhi (Appellant) (Respondent)

139/-. After claiming expenses of Rs.2,88,82,865/-, the assessee has shown profit before tax of Rs.48,81,274/-. Ld. AO has taxed an amount of Rs 10354820/- shown under the head consultancy charges and engineering services accrued from NH-45 Projects of the assessee @ 20 % u/s 44D RWs 115 A of the act and also proportionate expenses

ACIT, CIRCLE-2, NOIDA vs. NOIDA SPECIAL ECONOMIC ZONE AUTHORITY, NOIDA

In the result, the assessing officer is directed to allow both the disallowances

Bench: Shripawan Singhand Shribrajesh Kumar Singhआ.अ.सं/.I.T.A No.6540/Del/2018 िनधा"रणवष"/Assessment Year:2010-11 (Physical Hearing) Noida Special Economic Zone Authority, बनाम Dcit, Phase-Ii, Dadri Road, Noida, Circle-2, Vs. Uttar Pradesh. Aayakar Bhawan, 2D, A-Block, Sector-24, Pan No.Aaaln0639A Noida, Uttar Pradesh. अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6541/Del/2018 िनधा"रणवष"/Assessment Year:2012-13 Noida Special Economic Zone Authority, बनाम Dcit,Circle-2, Phase-Ii, Dadri Road, Noida, Aayakar Bhawan, 2D, Vs. Uttar Pradesh. A-Block, Sector-24, Noida, Uttar Pradesh. Pan No.Aaaln0639A अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6732/Del/2018 िनधा"रणवष"/Assessment Year:2012-13 Acit, बनाम Noida Special Economic Zone Authority, Circle-2, Phase-Ii, Dadri Road, Noida, Vs. Aayakar Bhawan, 2D, Uttar Pradesh. A-Block, Sector-24, Noida, Uttar Pradesh. Pan No.Aaaln0639A अपीलाथ" Appellant ""यथ"/Respondent Assessee By Shri Ram Avtar Sharma, Ca & Shri Bhupesh Agarwal, Ca Revenue By Ms. Monika Singh, Cit-Dr सुनवाईक"तारीख/ Date Of Hearing: 26.11.2025 उ"ोषणाक"तारीख/Pronouncement On 12.12.2025 आदेश /O R D E R Per Pawan Singh:

9. The ld. CIT-DR for the revenue has relied on certain case law of different High Courts, wherein, it has been held that deduction under section 80IB could not be allowed when return was filed belatedly in term of section 139(4). Now, we are faced with a situation wherein a different High Courts has taken a different view

NOIDA SPECIAL ECONOMIC ZONE AUTHORITY,NOIDA vs. DCIT, CIRCLE-2, NOIDA

In the result, the assessing officer is directed to allow both the disallowances

Bench: Shripawan Singhand Shribrajesh Kumar Singhआ.अ.सं/.I.T.A No.6540/Del/2018 िनधा"रणवष"/Assessment Year:2010-11 (Physical Hearing) Noida Special Economic Zone Authority, बनाम Dcit, Phase-Ii, Dadri Road, Noida, Circle-2, Vs. Uttar Pradesh. Aayakar Bhawan, 2D, A-Block, Sector-24, Pan No.Aaaln0639A Noida, Uttar Pradesh. अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6541/Del/2018 िनधा"रणवष"/Assessment Year:2012-13 Noida Special Economic Zone Authority, बनाम Dcit,Circle-2, Phase-Ii, Dadri Road, Noida, Aayakar Bhawan, 2D, Vs. Uttar Pradesh. A-Block, Sector-24, Noida, Uttar Pradesh. Pan No.Aaaln0639A अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6732/Del/2018 िनधा"रणवष"/Assessment Year:2012-13 Acit, बनाम Noida Special Economic Zone Authority, Circle-2, Phase-Ii, Dadri Road, Noida, Vs. Aayakar Bhawan, 2D, Uttar Pradesh. A-Block, Sector-24, Noida, Uttar Pradesh. Pan No.Aaaln0639A अपीलाथ" Appellant ""यथ"/Respondent Assessee By Shri Ram Avtar Sharma, Ca & Shri Bhupesh Agarwal, Ca Revenue By Ms. Monika Singh, Cit-Dr सुनवाईक"तारीख/ Date Of Hearing: 26.11.2025 उ"ोषणाक"तारीख/Pronouncement On 12.12.2025 आदेश /O R D E R Per Pawan Singh:

9. The ld. CIT-DR for the revenue has relied on certain case law of different High Courts, wherein, it has been held that deduction under section 80IB could not be allowed when return was filed belatedly in term of section 139(4). Now, we are faced with a situation wherein a different High Courts has taken a different view