M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

depreciation with reference to the enhanced cost of acquiring M/s Deltron Ltd. and therefore, the Explanation 3 below section 43(1) was clearly attracted. The AO relied on the decision of Hon’ble Supreme Court in the case of Mcdowell & Co. Ld. vs. CTRO 154

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

depreciation with reference to the enhanced cost of acquiring M/s Deltron Ltd. and therefore, the Explanation 3 below section 43(1) was clearly attracted. The AO relied on the decision of Hon’ble Supreme Court in the case of Mcdowell & Co. Ld. vs. CTRO 154

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

depreciation with reference to the enhanced cost of acquiring M/s Deltron Ltd. and therefore, the Explanation 3 below section 43(1) was clearly attracted. The AO relied on the decision of Hon’ble Supreme Court in the case of Mcdowell & Co. Ld. vs. CTRO 154

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 13(3) of the Act by giving undue benefit to the family members of the specified persons and the action of the management had duly caused huge financial losses to the assessee’s society. He also disallowed the depreciation on the assets which were purchased in the preceding years income. Accordingly, the AO allowed the depreciation of Rs.52

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 13(3) of the Act by giving undue benefit to the family members of the specified persons and the action of the management had duly caused huge financial losses to the assessee’s society. He also disallowed the depreciation on the assets which were purchased in the preceding years income. Accordingly, the AO allowed the depreciation of Rs.52

COMMISSIONER OF INCOME TAX vs. RAJAN NANDA

The appeals of the Revenue are dismissed and those

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

3) of the Scheme states that “Assignment not allowed except absolute assignment in favour of kayman in case of his leaving the job of the company”. Clause 4(e) on the same page reads as under: “The following endorsement shall be placed on the policy for which prior consent from the employer should be obtained before the completion

COMMISSIONER OF INCOME TAX vs. RAJAN NANDA

The appeals of the Revenue are dismissed and those

3) of the Scheme states that “Assignment not allowed except absolute assignment in favour of kayman in case of his leaving the job of the company”. Clause 4(e) on the same page reads as under: “The following endorsement shall be placed on the policy for which prior consent from the employer should be obtained before the completion

CIT vs. ESCORTS HEART INSTITUTE AND RESEARCH CENTRE LTD

The appeals of the Revenue are dismissed and those

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

154 ITR 148 (SC)]. Reliance was also placed on the decisions of Supreme Court ITA No.400 of 2008,- etc. Page 15 of 49 in the case of CIT Vs. Durga Prasad More [82 ITR 540 (SC)]. In the latter case, the Apex Court in arriving at its conclusion has laid emphasis on the surrounding circumstances and test of human probabilities

CIT vs. ESCORTS HEART INSTITUTE AND RESEARCH CENTRE LTD

The appeals of the Revenue are dismissed and those

154 ITR 148 (SC)]. Reliance was also placed on the decisions of Supreme Court ITA No.400 of 2008,- etc. Page 15 of 49 2011:DHC:11866-DB in the case of CIT Vs. Durga Prasad More [82 ITR 540 (SC)]. In the latter case, the Apex Court in arriving at its conclusion has laid emphasis on the surrounding circumstances

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

3,06,889 on\nmotor vehicle.\n9. That the NFAC erred on facts and in not allowing depreciation on the ground that:\n(a) car was leased by T&T Motors Pvt. Ltd. and depreciation is admissible to the\nlessor and not the lessee; and (b) lessee of the car, in any case, was Hero MotoCorp\nLtd

DCIT, NEW DELHI vs. M/S. NATIONAL BUILDING CONSTRUCTION CORPORATION LTD.,, NEW DELHI

In the result, all the appeals filed by the Revenue are dismissed and the

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastava

3) of the Income-tax Act, 1961 (for short “the Act”) vide order dated 29th January, 2003 accepting the returned income. Subsequently, pursuant to the application made under section 154 of the Act dated 4th July, 2003, the Assessing Officer had quantified the brought forward business losses of Rs. 29,87,04,563/- and unabsorbed depreciation

DCIT, NEW DELHI vs. M/S. NATIONAL BUILDING CONSTRUCTION CORPORATION LTD.,, NEW DELHI

In the result, all the appeals filed by the Revenue are dismissed and the

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastava

3) of the Income-tax Act, 1961 (for short “the Act”) vide order dated 29th January, 2003 accepting the returned income. Subsequently, pursuant to the application made under section 154 of the Act dated 4th July, 2003, the Assessing Officer had quantified the brought forward business losses of Rs. 29,87,04,563/- and unabsorbed depreciation

DCIT, NEW DELHI vs. M/S. NATIONAL BUILDING CONSTRUCTION CORPORATION LTD.,, NEW DELHI

In the result, all the appeals filed by the Revenue are dismissed and the

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastava

3) of the Income-tax Act, 1961 (for short “the Act”) vide order dated 29th January, 2003 accepting the returned income. Subsequently, pursuant to the application made under section 154 of the Act dated 4th July, 2003, the Assessing Officer had quantified the brought forward business losses of Rs. 29,87,04,563/- and unabsorbed depreciation

DCIT, NEW DELHI vs. M/S. NATIONAL BUILDING CONSTRUCTION CORPORATION LTD.,, NEW DELHI

In the result, all the appeals filed by the Revenue are dismissed and the

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastava

3) of the Income-tax Act, 1961 (for short “the Act”) vide order dated 29th January, 2003 accepting the returned income. Subsequently, pursuant to the application made under section 154 of the Act dated 4th July, 2003, the Assessing Officer had quantified the brought forward business losses of Rs. 29,87,04,563/- and unabsorbed depreciation

TATA TELESERVICES LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 25(1), DELHI

In the result, Appeal filed by the Assessee is allowed

Bench: Before Shri Shamim Yahya & Shri Yogesh Kumar U.S.Tata Teleservices Limited Assistant Jeevan Bharati Tower 1, Commissioner Of 10Th Floor, 124, Connaught Vs. Income Tax, Circle Circus, New Delhi 25(1), C. R. Building, Pan No:Aaact2438A Ip Estate, New Delhi (Appellant) (Respondent)

154 read with section 143(3) of the Act on merits. " On the facts and in the circumstances of the case and in law, the learned AO has erred in making an addition of INR 1,56,80,57,260 to the assessed loss by concluding that the deduction of the said amount under section 35ABB

DHARAMVIR KHOSLA ,. vs. DCIT CC-5, NEW DELHI , .

The appeals are allowed for statistical purposes and ld

depreciation has been calculated correctly.\n“7. Ground No.3 relates to TDS claimed by Assessee amounting to Rs.25,18,722/-\nas shown in the computation of income at PB Pg 30 while allowing the claim at\nPage 3 of the computation of income prepared by AO the amount allowed as TDS\nwas only Rs.8,14,748/-. Thus, credit

COMMISSIONER OF INCOME TAX DELHI-1 vs. ALLIED STRIPS LTD

The appeals are dismissed

3. All the appeals are in respect of assessment years prior to the amendments to Explanation 1 after section 234B(1) and to the Explanation after section 234C(1) of the Income Tax Act, 1961 (hereinafter referred to as ―the said Act‖) by virtue of the Finance Act, 2006, w.e.f. 01.04.2007. According to the learned counsel for the appellant/revenue, after

COMMISSIONER OF INCOME TAX vs. BRIJBASI ART PRESS LIMITED

The appeals are dismissed

3. All the appeals are in respect of assessment years prior to the amendments to Explanation 1 after section 234B(1) and to the Explanation after section 234C(1) of the Income Tax Act, 1961 (hereinafter referred to as ―the said Act‖) by virtue of the Finance Act, 2006, w.e.f. 01.04.2007. According to the learned counsel for the appellant/revenue, after