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389 results for “depreciation”+ Section 201(1)clear

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Key Topics

Section 143(3)77Addition to Income70Disallowance61Deduction42Depreciation35Section 80I29Section 14A27Section 115J21Section 143(1)21Section 37(1)

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)

201(3) of the Act. 4. That on the facts and circumstances of the case and in law, the CIT(A) erred in holding that tax on Common Area Maintenance Charges (‘CAM charges’), paid by the appellant to the lessor, was liable to be deducted under section 194I as against tax deducted under section 194C

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Section 25017
Section 153A16

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)

201(3) of the Act. 4. That on the facts and circumstances of the case and in law, the CIT(A) erred in holding that tax on Common Area Maintenance Charges (‘CAM charges’), paid by the appellant to the lessor, was liable to be deducted under section 194I as against tax deducted under section 194C

NOKIA INDIA SALES P.LTD,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-6, , NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 7244/DEL/2017[2013-14]Status: DisposedITAT Delhi25 Oct 2021AY 2013-14

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 7244/Del/2017 : Asstt. Year : 2012-13 Nokia India Sales Pvt. Ltd., Vs Addl. Cit, 807, New Delhi House, Special Range-6, Barakhamba Road, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaccn9141L Assessee By : Sh. Nageshwar Rao, Adv. Revenue By : Sh. Surenderpal, Cit Dr Date Of Hearing: 29.07.2021 Date Of Pronouncement: 25.10.2021

For Appellant: Sh. Nageshwar Rao, AdvFor Respondent: Sh. Surenderpal, CIT DR
Section 133(6)Section 143(3)Section 194HSection 194JSection 40Section 9(1)(vii)

depreciation on the written down value of the FOC phones treated as capital assets in the case of NEPL in earlier AYs, where in the impugned assessment order, the Ld. AO has himself stated that the issues examined in the case of NEPL shall continue to be applicable in the Appellant’s case as well, purportedly being the successor

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

ITA 2954/DEL/2024[2016-17]Status: DisposedITAT Delhi09 Jan 2026AY 2016-17

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

Section 132Section 147Section 148Section 150Section 150(1)Section 150(2)Section 153(6)Section 153A

1) the Income-tax Officer must have reason to believe that income chargeable to tax has escaped assessment, and (ii) he must have reason to believe that such income has escaped assessment by reason of the omission or failure on the part of the assessee (a) to make a return under section 139 for the assessment year to the Income

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

ITA 2953/DEL/2024[2015-16]Status: DisposedITAT Delhi09 Jan 2026AY 2015-16

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

Section 132Section 147Section 148Section 150Section 150(1)Section 150(2)Section 153(6)Section 153A

1) the Income-tax Officer must have reason to believe that income chargeable to tax has escaped assessment, and (ii) he must have reason to believe that such income has escaped assessment by reason of the omission or failure on the part of the assessee (a) to make a return under section 139 for the assessment year to the Income

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

In the result, all the appeals are partly allowed

ITA 5656/DEL/2010[2007-08]Status: DisposedITAT Delhi16 Oct 2015AY 2007-08

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

For Appellant: Shri Pardeep Dinodia & R.K. Kapoor, CAsFor Respondent: Smt. Parwinder Kaur, Senior DR
Section 143(1)Section 143(2)Section 35(1)Section 43(1)

section 43(1) defining the actual cost for the purpose of bloc of assets, he observed that it was, therefore, necessary to look into whether the main purpose of the transfer of assets directly or indirectly to the assessee was for the reduction of liability to Income tax (by claiming depreciation with reference to an enhanced cost

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

In the result, all the appeals are partly allowed

ITA 316/DEL/2013[2009-10]Status: DisposedITAT Delhi16 Oct 2015AY 2009-10

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

For Appellant: Shri Pardeep Dinodia & R.K. Kapoor, CAsFor Respondent: Smt. Parwinder Kaur, Senior DR
Section 143(1)Section 143(2)Section 35(1)Section 43(1)

section 43(1) defining the actual cost for the purpose of bloc of assets, he observed that it was, therefore, necessary to look into whether the main purpose of the transfer of assets directly or indirectly to the assessee was for the reduction of liability to Income tax (by claiming depreciation with reference to an enhanced cost

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

In the result, all the appeals are partly allowed

ITA 134/DEL/2009[2005-06]Status: DisposedITAT Delhi16 Oct 2015AY 2005-06

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

For Appellant: Shri Pardeep Dinodia & R.K. Kapoor, CAsFor Respondent: Smt. Parwinder Kaur, Senior DR
Section 143(1)Section 143(2)Section 35(1)Section 43(1)

section 43(1) defining the actual cost for the purpose of bloc of assets, he observed that it was, therefore, necessary to look into whether the main purpose of the transfer of assets directly or indirectly to the assessee was for the reduction of liability to Income tax (by claiming depreciation with reference to an enhanced cost

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

In the result, all the appeals are partly allowed

ITA 1319/DEL/2011[2006-07]Status: DisposedITAT Delhi16 Oct 2015AY 2006-07

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

For Appellant: Shri Pardeep Dinodia & R.K. Kapoor, CAsFor Respondent: Smt. Parwinder Kaur, Senior DR
Section 143(1)Section 143(2)Section 35(1)Section 43(1)

section 43(1) defining the actual cost for the purpose of bloc of assets, he observed that it was, therefore, necessary to look into whether the main purpose of the transfer of assets directly or indirectly to the assessee was for the reduction of liability to Income tax (by claiming depreciation with reference to an enhanced cost

B4S SOLUTION P.LTD,GHAZIABAD vs. ACIT, CIRCLE-4(2), NEW DELHI

In the result, Appeal filed by the assessee is dismissed

ITA 2187/DEL/2022[2018-19]Status: DisposedITAT Delhi06 Feb 2023AY 2018-19

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar U.S.

For Appellant: Shri Abhishek AgarwalFor Respondent: Shri Kanv Bali
Section 10(34)Section 139(1)Section 143(1)(a)Section 154Section 2(24)Section 3Section 36Section 36(1)(va)

201 002. (RESPONDENT) PAN No. AABCB4705D (APPELLANT) Assessee by : Shri Abhishek Agarwal, Advocate; Department by: Shri Kanv Bali, Sr. D.R.; Date of Hearing 23.01.2023 Date of Pronouncement 06 .02.2023 ORDER PER YOGESH KUMAR U.S., JM This appeal is filed by the assessee for assessment year 2018-19 against the order of the ld. Commissioner of Income Tax (Appeals

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals filed by the assessee are allowed

ITA 4664/DEL/2014[2007-08]Status: DisposedITAT Delhi04 Apr 2019AY 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

Section 154Section 271Section 271(1)(c)Section 35Section 36

1)(c) of the Act at the rate of 100% of the tax sought to be evaded amounting to Rs.1,76,04,180/-, Rs.1,85,13,000/- and Rs.1,39,60,754/- for assessment years 2005-06, 2006-07 and 2007-08 respectively 3.4 On further appeal, the Ld. CIT(A) upheld the penalty in all the three assessment years

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals filed by the assessee are allowed

ITA 4663/DEL/2014[2006-07]Status: DisposedITAT Delhi04 Apr 2019AY 2006-07

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

Section 154Section 271Section 271(1)(c)Section 35Section 36

1)(c) of the Act at the rate of 100% of the tax sought to be evaded amounting to Rs.1,76,04,180/-, Rs.1,85,13,000/- and Rs.1,39,60,754/- for assessment years 2005-06, 2006-07 and 2007-08 respectively 3.4 On further appeal, the Ld. CIT(A) upheld the penalty in all the three assessment years

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals filed by the assessee are allowed

ITA 4662/DEL/2014[2005-06]Status: DisposedITAT Delhi04 Apr 2019AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

Section 154Section 271Section 271(1)(c)Section 35Section 36

1)(c) of the Act at the rate of 100% of the tax sought to be evaded amounting to Rs.1,76,04,180/-, Rs.1,85,13,000/- and Rs.1,39,60,754/- for assessment years 2005-06, 2006-07 and 2007-08 respectively 3.4 On further appeal, the Ld. CIT(A) upheld the penalty in all the three assessment years

DCIT CENTRAL CIRCLE-17, NEW DELHI vs. AL AMMAR FROZEN FOODS EXPORTS PVT. LTD, NEW DELHI

In the result, appeal of the Revenue is dismissed and cross\nobjection filed by the assessee is dismissed as infructuous

ITA 2180/DEL/2023[2019-20]Status: DisposedITAT Delhi18 Jun 2025AY 2019-20
Section 115JSection 139(1)Section 139(5)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 44ASection 80I

201 ITR 325. In that\ndecision, the provisions of section 80J(6A) were\nconsidered. The wording of section 80J(6A) is similar to\nthat of section 80-IA(7) which is in issue in the present\nappeal. The Gujarat High Court took the view that the\nword \"shall\" which occurs in section 80J(6A) be read

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

ITA 3381/DEL/2018[2015-16]Status: DisposedITAT Delhi05 May 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Anubhav Sharma

For Appellant: Shri Gaurav Gupta, ARFor Respondent: Smt. Anupma Anand, CIT-DR
Section 12ASection 133ASection 195Section 201(1)

201(1A) of the I.T. Act, 1961. 10. We find the Ld. CIT(A) confirmed the action of the A.O. by holding that the services provided by the foreign firms to the assessee falls under the category of fees for technical services under section 9(1)(vii) of the I.T. Act, 1961. The observation

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

ITA 3380/DEL/2018[2014-15]Status: DisposedITAT Delhi05 May 2022AY 2014-15

Bench: Shri R.K. Panda & Shri Anubhav Sharma

For Appellant: Shri Gaurav Gupta, ARFor Respondent: Smt. Anupma Anand, CIT-DR
Section 12ASection 133ASection 195Section 201(1)

201(1A) of the I.T. Act, 1961. 10. We find the Ld. CIT(A) confirmed the action of the A.O. by holding that the services provided by the foreign firms to the assessee falls under the category of fees for technical services under section 9(1)(vii) of the I.T. Act, 1961. The observation

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

ITA 3377/DEL/2018[2011-12]Status: DisposedITAT Delhi05 May 2022AY 2011-12

Bench: Shri R.K. Panda & Shri Anubhav Sharma

For Appellant: Shri Gaurav Gupta, ARFor Respondent: Smt. Anupma Anand, CIT-DR
Section 12ASection 133ASection 195Section 201(1)

201(1A) of the I.T. Act, 1961. 10. We find the Ld. CIT(A) confirmed the action of the A.O. by holding that the services provided by the foreign firms to the assessee falls under the category of fees for technical services under section 9(1)(vii) of the I.T. Act, 1961. The observation

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

ITA 3379/DEL/2018[2013-14]Status: DisposedITAT Delhi05 May 2022AY 2013-14

Bench: Shri R.K. Panda & Shri Anubhav Sharma

For Appellant: Shri Gaurav Gupta, ARFor Respondent: Smt. Anupma Anand, CIT-DR
Section 12ASection 133ASection 195Section 201(1)

201(1A) of the I.T. Act, 1961. 10. We find the Ld. CIT(A) confirmed the action of the A.O. by holding that the services provided by the foreign firms to the assessee falls under the category of fees for technical services under section 9(1)(vii) of the I.T. Act, 1961. The observation

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

ITA 3382/DEL/2018[2016-17]Status: DisposedITAT Delhi05 May 2022AY 2016-17

Bench: Shri R.K. Panda & Shri Anubhav Sharma

For Appellant: Shri Gaurav Gupta, ARFor Respondent: Smt. Anupma Anand, CIT-DR
Section 12ASection 133ASection 195Section 201(1)

201(1A) of the I.T. Act, 1961. 10. We find the Ld. CIT(A) confirmed the action of the A.O. by holding that the services provided by the foreign firms to the assessee falls under the category of fees for technical services under section 9(1)(vii) of the I.T. Act, 1961. The observation

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

ITA 3383/DEL/2018[2017-18]Status: DisposedITAT Delhi05 May 2022AY 2017-18

Bench: Shri R.K. Panda & Shri Anubhav Sharma

For Appellant: Shri Gaurav Gupta, ARFor Respondent: Smt. Anupma Anand, CIT-DR
Section 12ASection 133ASection 195Section 201(1)

201(1A) of the I.T. Act, 1961. 10. We find the Ld. CIT(A) confirmed the action of the A.O. by holding that the services provided by the foreign firms to the assessee falls under the category of fees for technical services under section 9(1)(vii) of the I.T. Act, 1961. The observation