DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

2) of the erstwhile Companies Act, 1956) provides that “The financial statements shall give a true and fair view of the state of affairs of the company or companies comply with the accounting standards notified under section 133 and shall be in the form or forms as may be provided for different class or classes of companies in Schedule

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

2) of the erstwhile Companies Act, 1956) provides that “The financial statements shall give a true and fair view of the state of affairs of the company or companies comply with the accounting standards notified under section 133 and shall be in the form or forms as may be provided for different class or classes of companies in Schedule

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

2) of the erstwhile Companies Act, 1956) provides that “The financial statements shall give a true and fair view of the state of affairs of the company or companies comply with the accounting standards notified under section 133 and shall be in the form or forms as may be provided for different class or classes of companies in Schedule

INCOME TAX OFFICER WARD-2(1), FARIDABAD vs. PRAHLAD, PALWAL

In the result, the Revenue’s appeal is partly allowed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

section 145(3) of the Income Tax Ad. 1961 which was forwarded to the Range Head on the very same day. The Range Head of this unit on 27.00.2022 has given the following directions u/s 144A of the Act. 1. Being the data of High Risk Billers received from the CBIC and the CASS Rationale highlighted to verify the genuineness

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

Depreciation 2393 3 749 3145 Cairn U K Holdings Limited V DCIT ( International Taxation) New Delhi A Y 2007-08 P a g e | 34 Amortization 2242 -- 1620 3862 The segment assets and liabilities as at 31 December 2006 and capital expenditure for the year then ended are follows: Cairn India Capricorn Other Group 2006 Limited Energy Group Limited Group

DCIT, NEW DELHI vs. SMT. DEEPTI AGARWAL, NEW DELHI

In the result appeal of the revenue is dismissed and Cross objection of the assessee is partly allowed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishidcit, Vs. Deepti Agarwal, Circle-31(1), Room No. 1405, Prop M/S. Superior Fabrics, 14Th Floor, E-2, Block, Maharaja Lane, Civil Lines, Prataykshkar Bhawan, Dr. New Delhi Shyama Prasad, Mukherjee Civc Pan: Aampa0573C Centre, Jn Nehru Marg, New Delhi (Appellant) (Respondent)

145(8) of the Act is not based on well founded ground is held as DCIT Vs. Deepti Agarwal, ITA No. 3609/Del/2013 & CO No. 234/Del/2013 (Assessment Year: 2009-10) bad in law. Therefore the book results are admitted for the purpose of computation of income. 14. Regarding the disallowance made by the Assessing Officer

DCIT CENTRAL CIRCLE, KARNAL vs. RELIABLE REALTECH PVT LTD, BHIWANI

In the result, appeal of the Revenue is dismissed

Bench: Shri M Balaganesh & Ms. Astha Chandraasstt. Year: 2014-15 Dcit, Central Circle, Vs. Reliable Realtech Pvt. Ltd. Ayakar Bhawan, C/O Nk Jain Adv. Sec-12, Karnal, Naya Bazar, Bhiwani Haryana Pin 132001 Haryana Pin 127021 Pan Aadcr4203L (Appellant) (Respondent)

145 of the Act and its profits were computed by applying the AS-7. The AO added a sum of Rs. 1,56,88,100 to the Assessee's declared income by applying the percentage completion method. Apart from this the AO disallowed certain other sums including the sums on account of depreciation and under Section

SH. SANJAY DALMIA,NEW DELHI vs. DCIT, NEW DELHI

In the result all the appeal filed by the assessee are dismissed

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

145 shall, so far as may be, apply. This is not the position under s. 153A. The law laid down in Hotel Blue Moon, is thus not applicable to the facts of the present case....‖ 4. Further, the Third Member in Sumanlata Bansal vs. ACIT (ITAT Mumbai) (Third Member)(copy placed in paper book)followed the said judgment

MS. SAI ASTHA EXPORTS PVT. LTD.,,NEW DELHI vs. ITO, NEW DELHI

In the result, both the appeals filed by the assessee stand allowed

Bench: Shri H.S. Sidhu

145 (Born.) may be referred to. In the case of CIT v . Virmani Industries (P) Ltd. [1995] 129 CTR (SC) 189/216 ITR 607 (SC) the Apex Court has observed that to avail of the benefit of sub-section (2) of section 32 two views are possible in his behalf i.e. (1) since sub-section speaks of unabsorbed depreciation

MS. SAI ASTHA EXPORTS PVT. LTD.,,NEW DELHI vs. ITO, NEW DELHI

In the result, both the appeals filed by the assessee stand allowed

Bench: Shri H.S. Sidhu

145 (Born.) may be referred to. In the case of CIT v . Virmani Industries (P) Ltd. [1995] 129 CTR (SC) 189/216 ITR 607 (SC) the Apex Court has observed that to avail of the benefit of sub-section (2) of section 32 two views are possible in his behalf i.e. (1) since sub-section speaks of unabsorbed depreciation

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

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

section 194C was amended by the Finance (2) Act, 2009 w.e.f. 1.10.2009, whereby the definition of “work” was enlarged to include contract for manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from such customer. The said amendment also provided that contract for carrying out work shall not include contract

HERO MOTOCORP LTD.,,NEW DELHI vs. ADDL.CIT, RANGE-11, NEW DELHI

In the result ground No

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

145(2) mandate that the concept of materiality be taken into consideration when finalizing the accounts of an assessee. 7.24 Further, the Hon’ble Supreme Court in the case of Berger Paints India Ltd. vs. CIT (2004) 266 ITR 99 at page 103(SC), has noted with approval, the observations of the Special Bench of the ITAT in the case

GE MONEY FINANCIAL SERVICES PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result ground, no

Bench: Shri A.T.Varkey & Shri Prashant Maharishi

depreciation of Rs.2,90,56,780/-u/s 32 of the Act denovo in view of the decision of Hon‟ble Supreme Court in case of ICDS Ltd ( Supra) and our observation made above. In the result ground, no .2 of the appeal is allowed with above direction. 12. Ground No.3 is regarding confirmation of the addition

GE MONEY FINANCIAL SERVICES PVT. LTD.,DELHI vs. DCIT, NEW DELHI

In the result ground, no

Bench: Shri A.T.Varkey & Shri Prashant Maharishi

depreciation of Rs.2,90,56,780/-u/s 32 of the Act denovo in view of the decision of Hon‟ble Supreme Court in case of ICDS Ltd ( Supra) and our observation made above. In the result ground, no .2 of the appeal is allowed with above direction. 12. Ground No.3 is regarding confirmation of the addition

NHPC LTD.,FARIDABAD vs. ACIT, FARIDABAD

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

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 3650/Del/2015 : Asstt. Year : 2010-11 Dy. Commissioner Of Income Vs M/S Nhpc Ltd., Tax, Circle-Ii, Nhpc Complex, Sector-33, Faridabad Faridabad (Appellant) (Respondent) Pan No. Aaacn0149C Ita No. 3738/Del/2015 : Asstt. Year : 2010-11 M/S Nhpc Ltd., Vs Asstt. Commissioner Of Income Nhpc Complex, 4Th Floor, Tax, Circle-Ii, Finance Div, Sector-33, Faridabad Faridabad-121003 (Appellant) (Respondent) Pan No. Aaacn0149C Assessee By : Sh. Ved Jain, Adv. & Sh. Himanshu Aggarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing : 06.05.2019 Date Of Pronouncement : 08.05.2019 Order Per N. S. Saini:

depreciation on land is neither prescribed under the Income Tax Act nor in the Companies Act, 1956 and hence, the accounts of the company were not in accordance with the provision of part II and In of schedule VI of the Companies Act. The appellant, on the other hand, has contended that amortization of lease hold land has been made

DCIT, FARIDABAD vs. M/S. NHPC LTD., FARIDABAD

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

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 3650/Del/2015 : Asstt. Year : 2010-11 Dy. Commissioner Of Income Vs M/S Nhpc Ltd., Tax, Circle-Ii, Nhpc Complex, Sector-33, Faridabad Faridabad (Appellant) (Respondent) Pan No. Aaacn0149C Ita No. 3738/Del/2015 : Asstt. Year : 2010-11 M/S Nhpc Ltd., Vs Asstt. Commissioner Of Income Nhpc Complex, 4Th Floor, Tax, Circle-Ii, Finance Div, Sector-33, Faridabad Faridabad-121003 (Appellant) (Respondent) Pan No. Aaacn0149C Assessee By : Sh. Ved Jain, Adv. & Sh. Himanshu Aggarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing : 06.05.2019 Date Of Pronouncement : 08.05.2019 Order Per N. S. Saini:

depreciation on land is neither prescribed under the Income Tax Act nor in the Companies Act, 1956 and hence, the accounts of the company were not in accordance with the provision of part II and In of schedule VI of the Companies Act. The appellant, on the other hand, has contended that amortization of lease hold land has been made

KUNSHAN Q TECH MICROELECTRONICS (INDIA) PVT. LTD.,UTTAR PRADESH vs. DCIT, CENTRAL CIRCLE-30, DELHI

depreciation of Rs. 9,14,57,036/- following the arbitrary transfer pricing adjustment particularly when all the requisite details & documents were placed before the authorities with regard to purchase of capital assets and hence, the entire erroneous addition needs to be deleted.\n13. That on the facts, law and in the circumstances of the case, the Ld. AO as well

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

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

145 of the Act, Section 13A of the Act did not empower the AO to estimate income from voluntary contributions and there was no material with the AO to make any such estimation. It was submitted that voluntary contributions did not fall under any head of income under Section 14 of the Act and was taxable only in terms