DCIT, NEW DELHI vs. M/S. BHARAT SANCHAR NIGAM LTD., NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

depreciation is also covered in assessee’s favour by the judgment of the Hon'ble Delhi High Court in assessee’s own case for assessment year 2001-02 and as 11 I.T.A.Nos. 2196, 6459/D/2012 5916, 6549/D/2012 Assessment Years: 2005-06, 2009-10 reported in 355 ITR 188 (Del). The Ld. AR also submitted that ground no. 7 of assessee

BHARAT SANCHAR NIGAM LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

depreciation is also covered in assessee’s favour by the judgment of the Hon'ble Delhi High Court in assessee’s own case for assessment year 2001-02 and as 11 I.T.A.Nos. 2196, 6459/D/2012 5916, 6549/D/2012 Assessment Years: 2005-06, 2009-10 reported in 355 ITR 188 (Del). The Ld. AR also submitted that ground no. 7 of assessee

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

depreciation is admissible to the\nlessor and not the lessee; and (b) lessee of the car, in any case, was Hero MotoCorp\nLtd. and not the appellant.\n10. That the NFAC erred on facts and in law in disregarding the documentary\nevidence(s) submitted by the appellant substantiating that the purchase of motor\nvehicle and it being

ACIT, NEW DELHI vs. M/S. NIIT TECHNOLOGIES LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed and cross objection of the assessee is allowed for statistical purposes

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2006-07

31,66,581 Total Income 33,64,479 Less : Unabsorbed Depreciation of A.Y. 2002-03 2,11,69,435 Unabsorbed Depreciation to be carried forward (1,78,04,956) In this computation following details of unabsorbed depreciation were given : ITA No. 3076 & C.O. No. 318/Del/2012 5 A.Y. Set off in this year Unabsorbed Unabsorbed depreciation (A.Y. 2004-05) carried forward

CIT vs. DHARAMPAL SATYAPAL

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

depreciation for the year ended 31st March, 2000, it is unable to mitigate its tax liability. Whilst, we may sympathise with the Assessee, it is not ITA 1003/2011 Page 31 of 31 possible to grant any relief to the Assessee. We are unable to accept the interpretation of Clause (a) of Explanation 2 to Section

THE COMMISSIONER OF INCOME TX-IV vs. INDRAPRASTHA GAS LTD.

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

2. The dispute in the present lis revolves around land bearing No.1, Man Singh Road, New Delhi ad-measuring 3.78 acres and the hotel building constructed thereon :‘Taj Man Singh Hotel’. The land had been allotted on a perpetual lease by the Government of India, L&DO (Land and Development) office vide allotment letter dated July

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

COMMISSIONER OF INCOME TAX vs. ECE INDUSTRIES LTD.

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

31(2) of the Constitution. ITA Nos.417 of 2007 & 1069 of 2007 Page 16 of 22 19. It is clear from the above that when an undertaking is sold, it is to be understood in contra-distinction, a whole of undertaking. From this itself, it would clearly follow that Section 50 dealing with the depreciable

Commissioner of Income Tax vs. ECE Industries Limited

31(2) of the Constitution. 2010:DHC:6300-DB 19. It is clear from the above that when an undertaking is sold, it is to be understood in contra-distinction, a whole of undertaking. From this itself, it would clearly follow that Section 50 dealing with the depreciable

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-18, NEW DELHI

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

Bench: Sh. C.N. Prasad & Sh. M. Balaganesh

31-3-1956, under the Act before it was amended in 1956, This Court in the case of S.S. Gadgil (supra) accepted the contention of the assessee and held as under: "... The Legislature has given to section 18 of the Finance Act, 1956, only a limited retrospective operation, ie, up to April 1, 1956 only. That provision must be read

BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE-18, DELHI

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

Bench: Sh. C.N. Prasad & Sh. M. Balaganesh

31-3-1956, under the Act before it was amended in 1956, This Court in the case of S.S. Gadgil (supra) accepted the contention of the assessee and held as under: "... The Legislature has given to section 18 of the Finance Act, 1956, only a limited retrospective operation, ie, up to April 1, 1956 only. That provision must be read

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

31. According to Mr. Singh, the wording of Section 2 (47) (vi) of the Act was wide enough to include the transaction in question and, therefore, it amounted to 'transfer' of a capital asset. According to him, Section 269UA(d)(ii) read with Section 269UA(f)(ii) expanded the scope of the definition rather than narrowing it. He also referred

CIT vs. M/S TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

31. According to Mr. Singh, the wording of Section 2 (47) (vi) of the Act was wide enough to include the transaction in question and, therefore, it amounted to 'transfer' of a capital asset. According to him, Section 269UA(d)(ii) read with Section 269UA(f)(ii) expanded the scope of the definition rather than narrowing it. He also referred

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

31. According to Mr. Singh, the wording of Section 2 (47) (vi) of the Act was wide enough to include the transaction in question and, therefore, it amounted to 'transfer' of a capital asset. According to him, Section 269UA(d)(ii) read with Section 269UA(f)(ii) expanded the scope of the definition rather than narrowing it. He also referred

PR. COMMISSIONER OF INCOME TAX- 9 vs. M/S TATA POWER DELHI DISTRIBUTION LTD. (FORMERLY KNOWN AS M/S NORTH DELHI POWER LIMITED)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

depreciation, as adopted for the purpose of preparing the accounts, which would ultimately be laid before the Annual General Meeting. It was observed that a banking company, may either in terms of sub- section (2) of Section 115JB of the Act, prepare additional accounts as per Schedule VI of the Companies Act, 1956, or fulfil the requirements of the proviso

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

31,94,888/- resulting in short term capital gain of Rs.1,33,22,068/- as the written down value of the said plant and equipment was Rs.98,72,820/-. 5. After setting off short term capital loss of Rs.89, 459/-on the sale of furniture and fixtures, the short term capital gains was ITA Nos. 601/2011 & 602/2011 Page

ITA Nos. 601/2011 & 602/2011 vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD.

The appeals are disposed of

31,94,888/- resulting in short term capital gain of Rs.1,33,22,068/- as the written down value of the said plant and equipment was Rs.98,72,820/-. 5. After setting off short term capital loss of Rs.89, 459/-on the sale of furniture and fixtures, the short term capital gains was 2012:DHC:2611-DB ITA Nos. 601/2011

CIT vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

31,94,888/- resulting in short term capital gain of Rs.1,33,22,068/- as the written down value of the said plant and equipment was Rs.98,72,820/-. 5. After setting off short term capital loss of Rs.89, 459/-on the sale of furniture and fixtures, the short term capital gains was 2012:DHC:2611-DB ITA Nos. 601/2011