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297 results for “depreciation”+ Section 194clear

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Key Topics

Section 143(3)81Section 153A74Addition to Income70Disallowance58Section 14A44Section 26339Deduction30Section 115J29Depreciation27Section 40

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

ITA 6937/DEL/2017[2013-14]Status: DisposedITAT Delhi12 Feb 2019AY 2013-14

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

For Appellant: Shri Ajay Vohra, Senior AdvocateFor Respondent: Shri Sandeep Mishra, Senior DR
Section 115JSection 143Section 144CSection 14ASection 14A(2)Section 32(1)Section 32(1)(iia)Section 928(1)

194 and Rs.6667,49,45,379/- respectively declared by the appellant in the return of income. 2. That on the facts and circumstances of the case & in law, the Ld. AO/DRP grossly erred in making disallowance of Rs.212,15,413 under section 14A of the Act read with Rule 8D of the Income Tax Rules, 1962 ('the Rules'). 2.1 That

Showing 1–20 of 297 · Page 1 of 15

...
26
Natural Justice25
Section 6817

DCIT CIRCLE - 25(1), NEW DELHI vs. TATA TELESERVICES LTD.,, NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 5925/DEL/2019[2013-14]Status: DisposedITAT Delhi26 Aug 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

TATA TELESERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE-25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 337/DEL/2021[2016-17]Status: DisposedITAT Delhi26 Aug 2025AY 2016-17

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 5665/DEL/2019[2012-13]Status: DisposedITAT Delhi26 Aug 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

ACIT CIRCLE 25(1) , DELHI vs. TATA TELESERVICES LTD. , DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 17/DEL/2022[2016-17]Status: DisposedITAT Delhi26 Aug 2025AY 2016-17

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

DCIT CIRCLE - 25(1), NEW DELHI vs. TATA TELESERVICES LTD.,, NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 5924/DEL/2019[2012-13]Status: DisposedITAT Delhi26 Aug 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

TATA TELESERVICES LTD.,NOIDA vs. ACIT, CIRCLE- 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 4150/DEL/2017[2011-12]Status: DisposedITAT Delhi26 Aug 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

DCIT CIRCLE 25(1), NEW DELHI vs. TATA TELESERVICES LTD., NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 5927/DEL/2019[2015-16]Status: DisposedITAT Delhi26 Aug 2025AY 2015-16

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

DCIT CIRCLE 25(1), NEW DELHI vs. TATA TELESERVICES LTD., NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 5926/DEL/2019[2014-15]Status: DisposedITAT Delhi26 Aug 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

ITA 5666/DEL/2019[2013-14]Status: DisposedITAT Delhi26 Aug 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

Section 37(1)

depreciation on 3G Spectrum of Rs.8,25,84,43,883/- made by the Assessing Officer 4. "On the facts and circumstances of the case the order of Ld. CIT(A) is perverse." 5. "The appellant craves, leave or reserving the right to amend modify, alter, add or forego any ground(s) of appeal at any time before or during

DCIT, NEW DELHI vs. M/S. NIIT SMARTSERVE LTD., NEW DELHI

In the result, the appeal of the revenue in ITA No

ITA 5173/DEL/2015[2005-06]Status: DisposedITAT Delhi31 Jul 2020AY 2005-06

Bench: Ms. Sushma Chowlaand Shri N.K. Billaiya[Assessment Year: 2005-06] The Dy.C.I.T Vs. Niit Smartserve Ltd Circle – 18(2) 8, Balaji Estate New Delhi Guru Ravidas Marg New Delhi Pan: Aabcn 4598 E & Co No. 217/Del/2018 (In Ita No.5173/Del/2015) [Assessment Year: 2005-06] Niit Smartserve Ltd Vs. The Dcit 8, Balaji Estate Circle – 18(2) Guru Ravidas Marg New Delhi New Delhi Pan: Aabcn 4598 E [Appellant] [Respondent] Date Of Hearing : 23.07.2020 Date Of Pronouncement : 31.07.2020

For Appellant: Shri Gaurav Jain, CAFor Respondent: Shri Saras Kumar, DR
Section 143(3)Section 147Section 148Section 32

depreciation u/s 32 of the Act.” 4. The representatives of both the sides were heard at length, the case records carefully perused and with the assistance of the ld. Counsel, we have considered the documentary evidences brought on record in the form of Paper Book in light of Rule 18(6) of ITAT Rules and have also perused the judicial

PRASIDH FINCAP LTD,NEW DELHI vs. ITO, WARD-20(1), NEW DELHI

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

ITA 7966/DEL/2018[2013-14]Status: DisposedITAT Delhi22 Oct 2024AY 2013-14

Bench: Shri M. Balaganesh & Shri Vimal Kumarprasidh Fincap Ltd, Vs. Dcit, 2Nd Floor, Rsn Arcade, 6 Circle-20(1), Lsc, Near Peince New Delhi Apartment, Ip Extension, Parparganj, New Delhi (Appellant) (Respondent) Pan:Aaacp6704D

For Appellant: Shri I. P. Bansal, AdvFor Respondent: Shri Rajesh Dhanesta, Sr. DR
Section 143(3)Section 32

sections 34 and 37 of the Act. It is rightly said that a privilege cannot be to a disadvantage and an option cannot become an obligation. The Assessing Officer cannot grant depreciation allowance when the same is not claimed by the assessee." [Emphasis supplied] (p. 56) 5. The counsel for the revenue has strongly relied upon the judgment

PRASIDH FINCAP LTD,NEW DELHI vs. ITO, WARD-20(2), NEW DELHI

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

ITA 7965/DEL/2018[2012-13]Status: DisposedITAT Delhi22 Oct 2024AY 2012-13

Bench: Shri M. Balaganesh & Shri Vimal Kumarprasidh Fincap Ltd, Vs. Dcit, 2Nd Floor, Rsn Arcade, 6 Circle-20(1), Lsc, Near Peince New Delhi Apartment, Ip Extension, Parparganj, New Delhi (Appellant) (Respondent) Pan:Aaacp6704D

For Appellant: Shri I. P. Bansal, AdvFor Respondent: Shri Rajesh Dhanesta, Sr. DR
Section 143(3)Section 32

sections 34 and 37 of the Act. It is rightly said that a privilege cannot be to a disadvantage and an option cannot become an obligation. The Assessing Officer cannot grant depreciation allowance when the same is not claimed by the assessee." [Emphasis supplied] (p. 56) 5. The counsel for the revenue has strongly relied upon the judgment

PRASIDH FINCAP LTD. ,NEW DELHI vs. DCIT CIRCLE-20(1), NEW DELHI

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

ITA 1534/DEL/2022[2014-15]Status: DisposedITAT Delhi22 Oct 2024AY 2014-15

Bench: Shri M. Balaganesh & Shri Vimal Kumarprasidh Fincap Ltd, Vs. Dcit, 2Nd Floor, Rsn Arcade, 6 Circle-20(1), Lsc, Near Peince New Delhi Apartment, Ip Extension, Parparganj, New Delhi (Appellant) (Respondent) Pan:Aaacp6704D

For Appellant: Shri I. P. Bansal, AdvFor Respondent: Shri Rajesh Dhanesta, Sr. DR
Section 143(3)Section 32

sections 34 and 37 of the Act. It is rightly said that a privilege cannot be to a disadvantage and an option cannot become an obligation. The Assessing Officer cannot grant depreciation allowance when the same is not claimed by the assessee." [Emphasis supplied] (p. 56) 5. The counsel for the revenue has strongly relied upon the judgment

CONNAUGHT PLAZA RESTAURANTS PVT LTD.,NEW DELHI vs. DCIT CIRCLE-73(1), NEW DELHI

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 993/DEL/2020[2012-13]Status: DisposedITAT Delhi31 Dec 2021AY 2012-13

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri Rohit Jain, Advocate a/wFor Respondent: Shri Sumit Kumar Varma, Sr.D.R
Section 133ASection 194CSection 194ISection 201Section 201(1)Section 201(3)

depreciation). 3. Shorn of unnecessary details, in order to verify compliance of the provisions of Chapter XVII-B of the Act, survey proceedings u/s.133A of the Act were conducted in the case of Ambience Group which owns and operates malls having units/shops that had either been sold or leased out. During the course of survey proceedings, it was gathered

CONNAUGHT PLAZA RESTAURANTS PVT. LTD,NEW DELHI vs. DCIT, CIRCLE-73(1), DELHI

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 1984/DEL/2020[2011-12]Status: DisposedITAT Delhi31 Dec 2021AY 2011-12

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri Rohit Jain, Advocate a/wFor Respondent: Shri Sumit Kumar Varma, Sr.D.R
Section 133ASection 194CSection 194ISection 201Section 201(1)Section 201(3)

depreciation). 3. Shorn of unnecessary details, in order to verify compliance of the provisions of Chapter XVII-B of the Act, survey proceedings u/s.133A of the Act were conducted in the case of Ambience Group which owns and operates malls having units/shops that had either been sold or leased out. During the course of survey proceedings, it was gathered

M/S. AT & T GLOBAL NETWORK SERVICES (INDIA) PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

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

ITA 2538/DEL/2014[2009-10]Status: DisposedITAT Delhi18 Sept 2017AY 2009-10

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiat & T Global Network Services Dcit, (India) Pvt Ltd., Circle-2(1), Vs. Vatika Lok-1, Block-A, Gurgaon New Delhi Pan:Aafca8810L (Appellant) (Respondent) Dcit, At & T Global Network Services Circle-2(1), (India) Pvt Ltd., Vs. New Delhi Vatika Lok-1, Block-A, Gurgaon Pan:Aafca8810L (Appellant) (Respondent)

For Appellant: Shri Kanchan Kaushal, CAFor Respondent: Shri N C Swain CIT DR
Section 143(3)Section 144CSection 144C(5)Section 32Section 36

194)(SC) wherein it has been held that Section 36(1)(iii) makes no distinction between capital borrowed for revenue or capital purposes. Any expenditure incurred in respect of capital borrowed for the purpose of business shall be allowed deduction. Similar observation has been made by the Apex Court in the case of United Phosphorous Limited

COMMISSIONER OF INCOME TAX vs. HYBRID RICE INTERNATIONAL PVT. LTD

The appeals are dismissed

ITA/333/2008HC Delhi09 Oct 2009

Bench: Becoming An “Assessee” Can Still Be Treated As Actual Cost To The Assessee In Complete Disregard To The Peculiar Circumstances Of The Case?”

Section 32Section 43

sections 34 and 37 of the Act. It is rightly said that a privilege cannot be to a disadvantage and an option cannot become an obligation. The Assessing Officer cannot grant depreciation allowance when the same is not claimed by the assessee.” 5. The counsel for the revenue has strongly relied upon the judgment of the Supreme Court

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

In the result, appeal of the assessee is partly allowed

ITA 6073/DEL/2010[2007-08]Status: DisposedITAT Delhi25 Aug 2020AY 2007-08

Bench: Shri Amit Shukla & Shri Prashant Maharishihavells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Circle-12(1), Civil Lines, New Delhi Cr Building Ip Estate, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Havells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Ltu, Nbcc Plaza, Civil Lines, New Delhi Pusp Vihar, Sector-4, Saket, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Acit (Ltu), Vs. Havells India Ltd, Nbcc Plaza, Pusp Vihar, Sector- 1/7 Ram Kishore Road, 4, Saket, New Delhi Civil Lines, New Delhi Pan: Aaach0351E (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri Saras Kumar, Sr. DR
Section 143(3)Section 144ASection 14ASection 80H

194 Taxman 477 . As would be evident from Section 32(1)(ii), depreciation can be allowed in respect of intangible

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

In the result, appeal of the assessee is partly allowed

ITA 6072/DEL/2010[2004-05]Status: DisposedITAT Delhi25 Aug 2020AY 2004-05

Bench: Shri Amit Shukla & Shri Prashant Maharishihavells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Circle-12(1), Civil Lines, New Delhi Cr Building Ip Estate, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Havells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Ltu, Nbcc Plaza, Civil Lines, New Delhi Pusp Vihar, Sector-4, Saket, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Acit (Ltu), Vs. Havells India Ltd, Nbcc Plaza, Pusp Vihar, Sector- 1/7 Ram Kishore Road, 4, Saket, New Delhi Civil Lines, New Delhi Pan: Aaach0351E (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri Saras Kumar, Sr. DR
Section 143(3)Section 144ASection 14ASection 80H

194 Taxman 477 . As would be evident from Section 32(1)(ii), depreciation can be allowed in respect of intangible