INDIAN NATIONAL CONG. (I) AICC vs. C.I.T.- XI

14 read with Section 56(1) of the Act, provides an affirmative answer to the question whether income by way of voluntary contributions is ‘income from other sources’ in a situation where the proviso to Section 13A(1) of the Act is not fulfilled by a political party. 2016:DHC:2463-DB ITA Nos. 145/2001 & 180/2001 Page

TURNER BROADCASTING SYSTEM ASIA PACIFIC, INC.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

14 read with Section 2(y) of the Copyright Act, 1957 defines copyright to mean an exclusive right to do or authorise to do any of the specified acts in respect of a work namely a literary, dramatic, musical or artistic work or a cinematograph film and a sound recording or any substantial part thereof. It was held that

TURNER BROADCASTING SYSTEM ASIA PACIFIC INC.,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

14 read with Section 2(y) of the Copyright Act, 1957 defines copyright to mean an exclusive right to do or authorise to do any of the specified acts in respect of a work namely a literary, dramatic, musical or artistic work or a cinematograph film and a sound recording or any substantial part thereof. It was held that

TURNER BROADCASTING SYSTEM ASIA PACIFIC INC.,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

14 read with Section 2(y) of the Copyright Act, 1957 defines copyright to mean an exclusive right to do or authorise to do any of the specified acts in respect of a work namely a literary, dramatic, musical or artistic work or a cinematograph film and a sound recording or any substantial part thereof. It was held that

TURNER BROADCASTING SYSTEMASIA PACIFIC, INC.,NEW DELHI vs. DDIT, NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

14 read with Section 2(y) of the Copyright Act, 1957 defines copyright to mean an exclusive right to do or authorise to do any of the specified acts in respect of a work namely a literary, dramatic, musical or artistic work or a cinematograph film and a sound recording or any substantial part thereof. It was held that

DABUR INDIA LIMITED vs. COMMISSIONER OF INCOME TAX,

The appeals are dismissed

Bench: We Consider The Submissions Made In Support Of The Appeal The Following Facts Require To Be Noted:- 2.1 The Assessee Is In The Business Of Manufacturing Herbal Products & Cosmetics. On 30.11.2000 Assessee Filed Its Return For Assessment Year 2000-01 Wherein, It Declared An Income Of Rs 12,15,25,093/-. On 10.5.2001 The Return Was Processed Under Section 143(1)(A) Of The Act As The Returned Income. However, Notices Were Issued Under Section 143(2) Of The Act. 2.2 In Response To The Aforesaid Notices, Hearing Was Attended By An Authorized Representative Before The Assessing Officer. 2008:Dhc:2521

depreciation and unabsorbed development rebate will have to be deducted in arriving at the figure which would be exigible to deduction of 8% under section 80E(1).” 14

GE CAPITAL SERVICES INDIA,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishia N D Shri K. Narasimha Chary

depreciation on Diesel generating sets. 68. Ground number three of the appeal is with respect to deletion of disallowance of ₹ 1 27862104/– made by the assessing officer on account of dividend income under section 14

AREVA T & D INDIA LTD vs. THE COMMISSIONER OF INCOME TAX-II

Appeals are dismissed in favour of the assessee and

14. In view of the above discussion, we are of the view that the specified intangible assets acquired under slump sale agreement were in the nature of “business or commercial rights of similar nature” specified in Section 32(1)(ii) of the Act and were accordingly eligible for depreciation

COMMISSIONER OF INCOME TAX vs. ECE INDUSTRIES LTD.

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

14. Section 41(2) stands attracted only in the case of a sale of building, machinery, plant or furniture in the previous year. In other words, Section 41(2) applies to a sale of depreciable

Commissioner of Income Tax vs. ECE Industries Limited

14. Section 41(2) stands attracted only in the case of a sale of building, machinery, plant or furniture in the previous year. In other words, Section 41(2) applies to a sale of depreciable

DCIT, NEW DELHI vs. M/S. PTC INDIA LTD., NEW DELHI

Appeal of the revenue is dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishiptc India Ltd, Vs. Acit, 2Nd Floor, Nbcc Tower, Circle-14(1), 15, Bhikaji Cama Place, New Delhi New Delhi Pan: Aabcp7947F (Appellant) (Respondent)

14(2) are “the A.O shall determine ” and the word “shall” does not leave any discretion, whatever be the result, of application of rule 8D(2)(iii)?” 3. The brief facts of the case for AY 2008-09 are that the assessee is engaged in the business of trading of power and coal and generation of power. Assessee company filed

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 143(2) on 31st October, 2003 at a loss of `6,03,14,560/-. The Assessing Officer, however, did not make any observation in respect of carry forward of unabsorbed loss including unabsorbed depreciation

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

14. In view of the above discussion, we are of the view that the specified intangible assets acquired under slump sale agreement were in the nature of "business or commercial rights of similar nature" specified in Section 32(1)(ii) of the Act and were accordingly eligible for depreciation

VEDANTA LTD (SUCCESSOR TO CAIRN INDIA LTD),GURGAON vs. ACIT, CIRCLE-26(1), NEW DELHI

Bench: Hon’Ble, Shri N.K. Saini & Shri Kuldip Singh

section 32(1)(iia) of the Act which has not been claimed by the taxpayer while filing its original return of income. 8. AO/DRP have also reduced the depreciation to Rs.164,14

PITNEY BOWES INDIA (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, out of the five appeals of the assessee, the ITA Nos

Bench: Sh. I.C. Sudhir & Sh. O.P. Kant

section 143(3) of the Act on 09/12/2011 after disallowing depreciation on government approvals and rejecting the claim of depreciation on non-compete fee. In the appeal filed before the ld. CIT- (A), the assesee challenged validity of reassessment proceeding and contested disallowance made by the Assessing Officer. The assessee also raised additional ground seeking depreciation on goodwill

H.T. MEDIA LIMITED vs. PRINCIPAL COMMISSIONER OF INCOME TAX-IV

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

Section 14 A (2) of the Act read with Rule 8D (1) (a) of the Rules and record his satisfaction as required thereunder, the question of applying Rule 8D (2) (iii) of the Rules did not arise. The question framed in ITA 549 of 2015 is answered accordingly. Disallowance of interest expenses 41. As far as disallowance of interest expenses

PRAVEEN SONI vs. COMMISSIONER OF INCOME TAX

Appeal is allowed in the aforesaid terms

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

14. When we look into the mandatory Form prescribed for availing this benefit, viz., Form 10CCB, such a form has to be filled and submitted by the assessee to the AO for claiming the benefit. The details which are required to be given as per this form include the information which is to be supplied to ascertain, whether such industrial

PRAVEEN SONI vs. COMMISSIONER OF INCOME TAX

Appeal is allowed in the aforesaid terms

14. When we look into the mandatory Form prescribed for availing this benefit, viz., Form 10CCB, such a form has to be filled and submitted by the assessee to the AO for claiming the benefit. The details which are required to be given as per this form include the information which is to be supplied to ascertain, whether such industrial