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

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

194I of the Act as the same are being paid for work_earried out for maintenance of common areas/ facilities available alongwith leased premise; 4.4. That the C1T(A)/ assessing officer erred in not appreciating that though rent and CAM charges were paid in accordance with the same agreement, however both rent payable and CAM charges were distinctly defined

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

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

194I of the Act as the same are being paid for work_earried out for maintenance of common areas/ facilities available alongwith leased premise; 4.4. That the C1T(A)/ assessing officer erred in not appreciating that though rent and CAM charges were paid in accordance with the same agreement, however both rent payable and CAM charges were distinctly defined

M/S ACTIVE SECURITIES LIMITED,NEW DELHI vs. ITO, NEW DELHI

The appeals are allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

depreciation is clearly admissible in terms of section 57(ii) of the Act. His reliance on Jay Metal Industries (P) Ltd. vs. CIT: 396 ITR 194 (Del), Oriental Building & Furnishing Co. Ltd. vs. DCIT: 53 ITD 198 (Del Trib.), Serendipity Apparels (P.) Ltd. vs. ITO: 78 Taxmann. Com 154 (Ahmedabad - Trib.), is appropriate. 13.5 It may be noted that leased

INCOME TAX OFFICER, NEW DELHI vs. R L STEEL AND ENERGY LIMITED, NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganeshincome Tax Officer, Vs. Rl Steel & Energy Ltd, New Delhi 70, Daryaganj, New Delhi (Appellant) (Respondent) Pan: Aaacr5809B Assessee By : Shri Akhilesh Bhargava, Ca Revenue By: Shri Om Prakash, Sr. Dr Date Of Hearing 07/01/2026 Date Of Pronouncement 11/03/2026

194I of the Act as the percentage of tax remain the same. The Learned CIT(A) also took cognizance of the order relied upon by the tribunal in assessee’s own case for assessment year 2007-08 to 2009-10 in ITA Nos. 5784 & 5785/ Del / 2012 and 1838/Del/2013 dated 5-2-2018 in support of the contentions

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:

depreciation of Rs.35,98,500/- and disallowed lease rental of Rs. 22,32,038/- paid to Noida Authority for the want of TDS under section 194I

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:

depreciation of Rs.35,98,500/- and disallowed lease rental of Rs. 22,32,038/- paid to Noida Authority for the want of TDS under section 194I

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:

depreciation of Rs.35,98,500/- and disallowed lease rental of Rs. 22,32,038/- paid to Noida Authority for the want of TDS under section 194I

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

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

Section 41(1) the assessee should have obtained, whether in cash or in any other manner whatsoever, any amount in respect of the loss or expenditure earlier allowed as a deduction. This part of the reasoning, in the light of the amended clause (a) of sub-section (1) of Section 41 may not be relevant after substitution of the said

ACIT, NEW DELHI vs. M/S DLF LTD., NEW DELHI

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

Section 41(1) the assessee should have obtained, whether in cash or in any other manner whatsoever, any amount in respect of the loss or expenditure earlier allowed as a deduction. This part of the reasoning, in the light of the amended clause (a) of sub-section (1) of Section 41 may not be relevant after substitution of the said

SHRI M M CREATIONS,NEW DELHI vs. ACIT, NEW DELHI

In the result appeal filed by assessee for assessment year

Bench: Sh. N. K. Saini & Smt. Beena A. Pillai & M. M. Creations Acit T-481A, Baljeet Nagar Circle-24(1), Behind Patel Nagar Police Station New Delhi Vs. New Delhi. Pan : Aaefm9802A (Appellant) (Respondent)

Section 194I is not conclusive of taxability of the related income under the head ‘income from house property’. The conclusions arrived at by the Ld. CIT (A) thus do not call for any interference.” 24. Respectfully following decision of Hon’ble Supreme Court in the case of Shambhu Investment Pvt. Ltd vs CIT (supra) and discussions herein above

R.L. STEEL & ENERGY LTD.,FARIDABAD vs. ADDL. CIT, NEW DELHI

In the result ground No. 3 of the appeal is allowed

Bench: Shri R.K. Panda & Shri N.K. Choudhry

depreciation on reheating furnace and pollution control equipment. 5. That orders passed by learned CIT (A) and learned Assessing Officer are against the principles of natural justice.” [ 9. Grounds of appeal Nos.1 and 5 being general in nature are dismissed. Ground of appeal No.2 was not pressed by the ld. Counsel for the assessee for which

ACIT, NEW DELHI vs. M/S DELHI INTERNATIONAL AIRPORT PVT. LTD., NEW DELHI

In the result appeal of the revenue in ITA No

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2007-08 Acit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Assessment Year: 2007-08 Dcit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Co No. 226/Del/2011 (Arising Ita No.2720/Del/2011) Assessment Year: 2007-08

Depreciation not to be allowed on these assets in the light of the order of Mumbai High Court in CIT vs. Techno Shares & Stocks Ltd. 225 CTR 337 (Mumbai). 12. She then drew our attention to provisions of section 37(1) and submitted that section 37(1) expressly forbids the claim of expenses that are capital in nature. The payment

DCIT, NEW DELHI vs. M/S. DELHI INTERNATIONAL AIRPORT PVT. LTD., NEW DELHI

In the result appeal of the revenue in ITA No

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2007-08 Acit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Assessment Year: 2007-08 Dcit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Co No. 226/Del/2011 (Arising Ita No.2720/Del/2011) Assessment Year: 2007-08

Depreciation not to be allowed on these assets in the light of the order of Mumbai High Court in CIT vs. Techno Shares & Stocks Ltd. 225 CTR 337 (Mumbai). 12. She then drew our attention to provisions of section 37(1) and submitted that section 37(1) expressly forbids the claim of expenses that are capital in nature. The payment

INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 10(1), DELHI, DELHI

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

section 32 of the Act shall be 'beneficial ownership' contrary to 'registered ownership'. and it is pertinent to note that the assessee has always been allowed depreciation in respect of the said building in subsequent AYs as well, viz., AYs 2020-21 & 2021-22. In fact in subsequent AYs 2020-21 and 2021-22, the assessing officer allowed the claim

INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 10(1), DELHI, DELHI

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

section 32 of the Act shall be 'beneficial ownership' contrary to 'registered ownership'. and it is pertinent to note that the assessee has always been allowed depreciation in respect of the said building in subsequent AYs as well, viz., AYs 2020-21 & 2021-22. In fact in subsequent AYs 2020-21 and 2021-22, the assessing officer allowed the claim

INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-10(1), DELHI, DELHI

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

section 32 of the Act shall be 'beneficial ownership' contrary to 'registered ownership'. and it is pertinent to note that the assessee has always been allowed depreciation in respect of the said building in subsequent AYs as well, viz., AYs 2020-21 & 2021-22. In fact in subsequent AYs 2020-21 and 2021-22, the assessing officer allowed the claim

DCIT, CIRCLE-10(1), DELHI vs. INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED, DELHI

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

section 32 of the Act shall be 'beneficial ownership' contrary to 'registered ownership'. and it is pertinent to note that the assessee has always been allowed depreciation in respect of the said building in subsequent AYs as well, viz., AYs 2020-21 & 2021-22. In fact in subsequent AYs 2020-21 and 2021-22, the assessing officer allowed the claim

INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 10(1), DELHI, DELHI

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

section 32 of the Act shall be 'beneficial ownership' contrary to 'registered ownership'. and it is pertinent to note that the assessee has always been allowed depreciation in respect of the said building in subsequent AYs as well, viz., AYs 2020-21 & 2021-22. In fact in subsequent AYs 2020-21 and 2021-22, the assessing officer allowed the claim