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

251. (1) In disposing of an appeal, the Commissioner (Appeals) shall have the following powers- (a) in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment: [Provided that where such appeal is against an order of assessment made under section 144, he may set aside the assessment and refer the case back

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

251. (1) In disposing of an appeal, the Commissioner (Appeals) shall have the following powers- (a) in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment: [Provided that where such appeal is against an order of assessment made under section 144, he may set aside the assessment and refer the case back

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

251(2) of the Act was issued on 04.08.2010, proposing the enhancement of book profit by ₹27.52 crores. After considering the assessee‘s reply, the CIT(A) concluded that ₹27.52 crores on account of the provision for doubtful debts needed to be added to the taxable income for the purpose of Minimum Alternate Tax [hereafter ‗MAT‘]. As a result

SH. SANJAY DALMIA,NEW DELHI vs. DCIT, NEW DELHI

In the result all the appeal filed by the assessee are dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

2) (and on the same corollary u/s 142(1) of the Act) as the assessment under this new section has to be based only on the basis an incriminating material found during the course of search and for that purpose, no notice u/s 142(1) of the Act for producing any fresh material is required. Thus, the legislature

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

section 194C was amended by the Finance (2) Act, 2009 w.e.f. 1.10.2009, whereby the definition of “work” was enlarged to include contract for manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from such customer. The said amendment also provided that contract for carrying out work shall not include contract

HERO MOTOCORP LTD.,,NEW DELHI vs. ADDL.CIT, RANGE-11, NEW DELHI

In the result ground No

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

2 - Grant of License and Exclusivity ii) ARTICLE 3-No sublicense iii) ARTICLE 9 - Use and Disclosure of Technical Information iv) ARTICLE 13 - Terms of agreement (upto 30.06.2007) v) ARTICLE 21/22 Termination/Effect of Expiry and Termination vi) ARTICLE 25/26 Certain Prohibitions/Maintenance of Secrecy To the same effect are the following clauses placing restrictions on use of knowhow by the assessee

POTENT FOODS PRIVATE LIMTED,FARIDABAD vs. ITO WARD-2(1), FARIDABAD

In the result, appeal of the Assessee is allowed

Bench: Shri R.K. Panda

251(1) of the Act. It is found that the appellant has furnished 23 ITA.No.104/Del./2021 M/s. Potent Foods Pvt. Ltd., Sector 20-B, Faridabad, Haryana. inaccurate particulars of its income in respect of the amount of Rs.40,25,000/- in terms of section 271(l)(c) of the Act, therefore, penalty proceedings u/s 271(l)(c) are being

SHANTA BLANKETS PVT. LTD.,HARYANA vs. ITO WARD-2(3) , FARIDABAD

In the result, Appeals in ITA No

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

251(1) r.w.s. 56(2) (viib) of the Act, the Ld. CIT(A) has not accepted the Valuation Report submitted by the Assessee as per Rule 11UA of the Rules. During the assessment proceedings the Assessees have submitted the Valuation Report duly signed by the auditor by following NAV/DCF Method as required under Rule 11UA(2) of the Rules

GOPESH FABRICS PVT. LTD.,BALLABHGARH vs. ITO WARD-1(3) , FARIDABAD

In the result, Appeals in ITA No

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

251(1) r.w.s. 56(2) (viib) of the Act, the Ld. CIT(A) has not accepted the Valuation Report submitted by the Assessee as per Rule 11UA of the Rules. During the assessment proceedings the Assessees have submitted the Valuation Report duly signed by the auditor by following NAV/DCF Method as required under Rule 11UA(2) of the Rules

VIDHI CINEMAS PVT.LTD.,HARYANA vs. ITO WARD-2(5), FARIDABAD

In the result, Appeals in ITA No

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

251(1) r.w.s. 56(2) (viib) of the Act, the Ld. CIT(A) has not accepted the Valuation Report submitted by the Assessee as per Rule 11UA of the Rules. During the assessment proceedings the Assessees have submitted the Valuation Report duly signed by the auditor by following NAV/DCF Method as required under Rule 11UA(2) of the Rules

ZHILMIL ELECTRONICS PVT. LTD.,HARYANA vs. ITO WARD-2(5), FARIDABAD

In the result, Appeals in ITA No

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

251(1) r.w.s. 56(2) (viib) of the Act, the Ld. CIT(A) has not accepted the Valuation Report submitted by the Assessee as per Rule 11UA of the Rules. During the assessment proceedings the Assessees have submitted the Valuation Report duly signed by the auditor by following NAV/DCF Method as required under Rule 11UA(2) of the Rules

PINGASH MARKETING PRIVATE LIMITED,BALLABHGARH vs. ITO WARD-2(1), FARIDABAD

In the result, Appeals in ITA No

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

251(1) r.w.s. 56(2) (viib) of the Act, the Ld. CIT(A) has not accepted the Valuation Report submitted by the Assessee as per Rule 11UA of the Rules. During the assessment proceedings the Assessees have submitted the Valuation Report duly signed by the auditor by following NAV/DCF Method as required under Rule 11UA(2) of the Rules

COMMISSIONER OF INCOME TAX

depreciation in accordance with the provisions of sub-section (1) of section 32, the same proportion as the total sales, turnover or gross receipts of the eligible business or profession bear to the total sales, turnover or gross receipts of the business or profession carried on by the assessee. xxxxxxxxx 1 Substituted by the Finance Act, 1989 w.e.f. 1.4.1991 with

M/S. SHANKAR TRADING CO. (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 40A(2) is not attracted to the transaction involved; and secondly, the lease rental has to be bifurcated under four categories, the three of which were held to be constituting revenue expenditure, i.e., i) part of enhancement of lease rent which is attributable to the Trust surrendering its right to purchase khair wood; ii) part of enhancement of lease

M/S. SHANKAR TRADING CO. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 40A(2) is not attracted to the transaction involved; and secondly, the lease rental has to be bifurcated under four categories, the three of which were held to be constituting revenue expenditure, i.e., i) part of enhancement of lease rent which is attributable to the Trust surrendering its right to purchase khair wood; ii) part of enhancement of lease

M/S. SHANKAR TRADING CO. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 40A(2) is not attracted to the transaction involved; and secondly, the lease rental has to be bifurcated under four categories, the three of which were held to be constituting revenue expenditure, i.e., i) part of enhancement of lease rent which is attributable to the Trust surrendering its right to purchase khair wood; ii) part of enhancement of lease

AMIT RASTOGI HUF,MEERUT vs. ITO, WARD- 1(1), MEERUT

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 40A(2) is not attracted to the transaction involved; and secondly, the lease rental has to be bifurcated under four categories, the three of which were held to be constituting revenue expenditure, i.e., i) part of enhancement of lease rent which is attributable to the Trust surrendering its right to purchase khair wood; ii) part of enhancement of lease

ASIA SATELLITE TELECOMMUNICATIONS CO. LTD. vs. DIRECTOR OF INCOME TAX

The appeal of the Revenue is dismissed

2 to Section 9(1)(vi) must be given the meaning which it has in common parlance. According to the Tribunal it was not necessary that there must be a physical connection with the item to the used. It is held that as long as the user derived advantage out of the property by amplifying the signals, it would tantamount