PITNEY BOWES INDIA (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, out of the five appeals of the assessee, the ITA Nos

Bench: Sh. I.C. Sudhir & Sh. O.P. Kant

1)(ii) of the Act read with explanation-3 and explanation-4 below the said section. Before we proceed to adjudicate on the issue, it is relevant to refer the said section which reads as under: “Section 32 . Depreciation

AREVA T & D INDIA LTD vs. THE COMMISSIONER OF INCOME TAX-II

Appeals are dismissed in favour of the assessee and

1) of the Act so as to make them eligible for depreciation under Section 32 of the Act. 8. Before proceeding further it would be relevant to consider the relevant provisions of Section 32 of the Act: “Section 32 - Depreciation (i) buildings, machinery, plant or furniture, being tangible assets; (ii

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, appeal of the Assessee is allowed

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

1)(ii) of the Act and were accordingly eligible for depreciation under that Section. 15. In view of the above, it is not necessary to decide the alternative submission made on behalf of the assessee that goodwill per se is eligible for depreciation under Section 32

CONTAINER CORPORATION OF INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal of the revenue is partly allowed

Bench: Shri I. C. Sudhir & Shri Prashant Maharishicontainer Corporation Of India Ltd, Dcit, C-3, Mathura Road, Opp. Apollo Circle-3(1), Vs. Hospital, New Delhi New Delhi Pan:Aaacc1205A (Appellant) (Respondent) Acit, Container Corporation Of India Ltd, Circle-3(1), C-3, Mathura Road, Opp. Apollo Vs. New Delhi Hospital, New Delhi Pan:Aaacc1205A (Appellant) (Respondent) Container Corporation Of India Ltd, Acit, C-3, Mathura Road, Opp. Apollo Circle-3(1), Vs. Hospital, New Delhi New Delhi Pan:Aaacc1205A (Appellant) (Respondent) Dcit, Container Corporation Of India Ltd, Circle-3(1), C-3, Mathura Road, Opp. Apollo Vs. New Delhi Hospital, New Delhi Pan:Aaacc1205A (Appellant) (Respondent)

section 32(1)(ii) of the Act and were accordingly eligible for depreciation under that section.” 15. As Assessee has earned

KURUKSHETRA EXPRESSWAY PVT LTD,REWARI vs. DCIT CIRCLE, REWARI

The appeal of the assessee is allowed for statistical purposes

Bench: Shri M Balaganesh & Shri Vimal Kumarasstt. Year: 2014-15

depreciation @25% under section 32(1)(ii) of the Act. Section 32(1)(ii) of the Act permits allowance of depreciation

PUNE SOLAPUR EXPRESSWAYS P.LTD,PUNE vs. ACIT, CIRCLE-20(1), NEW DELHI

In the result, the appeal filed by the assessee is allowed

depreciation on the roll road as intangible asset due to the fact that the right to collect toll does not fall under any of the categories of ‘intangible assets’ specified in section 32(1)(ii

DHARAMVIR KHOSLA ,. vs. DCIT CC-5, NEW DELHI , .

The appeals are allowed for statistical purposes and ld

ii) and 32(1)(iia) of the Act.\n3.1 Subsequently, search and seizure operation was carried out on\n22.10.2020 on Shri Imtiyaz Ahmad Shah for which the case of assessee was\nopened vide notice u/s 153C of the Act, in response to which assessee filed\nreturn of income on 01.09.2022 declaring total income at Rs.98,25,914/- as\nwas filed

DIRECTOR OF INCOME TAX (EXEMPTION) vs. CHARANJIV CHARITABLE TRUST

In the result both aspects of the first substantial question of law

Bench: It, Two By The Assessee Relating To The Assessment Years 2006-07 & 2007-08 & One By The Revenue Relating To The Assessment Year 2006-07. In Other Words, In Respect Of The Assessment Year 2006-07, There Were Cross- 2014:Dhc:1467-Db

depreciation in respect of such assets. 31. In ITA No.322/2013, which relate to the assessment year 2007-08 the issues are consequential. In that year the assessing officer denied 2014:DHC:1467-DB ITA Nos.321/2013, 322/2013 & 323/2013 Page 38 of 40 exemption to the trust under Section 11 on the ground that there was a violation of Section 13(1

DCIT, NEW DELHI vs. M/S GLF LIFESTYLE PVT. LTD.,, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri G.S.Pannu & Shri Kul Bharat[Assessment Year : 2012-13] Dcit, Vs Glf Lifestyle Pvt.Ltd., Circle-10(1), Flat No.3A/1, Taj Apartment, C.R.Building, Rao Tula Ram Marg, New Delhi-110002. New Delhi-110002. Pan-Aaecg3087E Appellant Respondent Appellant By Shri Ved Jain, Adv. Respondent By Shri Umesh Takyar, Sr.Dr Date Of Hearing 03.11.2021 Date Of Pronouncement 09.12.2021

Section 32(1) (ii) of the Act was not, in law, available on goodwill. Reliance in this regard is placed on the following judgements: 1. CIT v. Intertek India Pvt. Ltd. in ITA No. 104/2016 dated 03.02.2016- Delhi High Court 3. The question urged by the Revenue as to whether depreciation

BSC C&C KURALI TOLL ROAD LTD.,NEW DELHI vs. ACIT CIRCLE-5(1), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: Shri Chandra Mohan Garg & Shri B.R.R. Kumar

depreciation on "licence to collect toll" being an 'intangible asset' falling within the scope of section 32(1)(ii) of the Act is liable

BSC C&C KURALI TOLL ROAD LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both appeals of the assessee are partly allowed

Bench: Shri G.S. Pannu & Shri Kul Bharat

depreciation on "licence to collect toll" being an 'intangible asset' falling within the scope of section 32(1)(ii) of the Act is liable

BSC C&C KURALI TOLL ROAD LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both appeals of the assessee are partly allowed

Bench: Shri G.S. Pannu & Shri Kul Bharat

depreciation on "licence to collect toll" being an 'intangible asset' falling within the scope of section 32(1)(ii) of the Act is liable

M/S. CONTAINER CORPORATION OF INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal filed by revenue stands dismissed

Bench: Shri Rk Panda & And Smt. Beena A Pillaia.Y. 2010-11 M/S Container Corporation Acit, Circle 6(2) Vs. Of India Ltd. New Delhi Concor Bhawan, C-3 Mathura Road, Opp. Apollo Hospital New Delhi 110 076 Pan: Aaacc1205A A.Y. 2010-11 Dcit, Circle 3(1) M/S Container Vs. New Delhi Corporation Of India Ltd. Concor Bhawan, C-3 Mathura Road, Opp. Apollo Hospital New Delhi 110 076 Pan: Aaacc1205A (Assessee) (Respondent)

section 32(1)(ii) of the Act and were accordingly eligible for depreciation under that section.” 15. As Assessee has earned

ACIT, NEW DELHI vs. M/S. CONTAINER CORPORATION OF INDIA LTD., NEW DELHI

In the result appeal filed by revenue stands dismissed

Bench: Shri Rk Panda & And Smt. Beena A Pillaia.Y. 2010-11 M/S Container Corporation Acit, Circle 6(2) Vs. Of India Ltd. New Delhi Concor Bhawan, C-3 Mathura Road, Opp. Apollo Hospital New Delhi 110 076 Pan: Aaacc1205A A.Y. 2010-11 Dcit, Circle 3(1) M/S Container Vs. New Delhi Corporation Of India Ltd. Concor Bhawan, C-3 Mathura Road, Opp. Apollo Hospital New Delhi 110 076 Pan: Aaacc1205A (Assessee) (Respondent)

section 32(1)(ii) of the Act and were accordingly eligible for depreciation under that section.” 15. As Assessee has earned

JX NIPPON TWO LUBRICANTS INDIA PVT. LTD,GURGAON vs. DCIT CIRCLE-2(1), GURGAON

In the result, the appeal of the assessee is allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 4985/Del/2019 :Asstt. Year : 2015-16 & Sa No. 985/Del/2019 :Asstt. Year : 2015-16 Jx Nippon Two Lubricants India Pvt. Vs Dcit, Ltd., Unit No. 1003, 10Th Floor, Vatika Circle-2(1), City Point, Mg Road, Gurgaon, Gurgaon-122001 Haryana-122001 (Appellant) (Respondent) Pan No. Aadcj3601L Assessee By :Sh. Nageswarrao, Adv. Revenue By:Sh. Vedprakash Mishra, Sr.Dr Date Of Hearing:13.01.2021 Date Of Pronouncement: 02.03.2021

section 32(1)(ii) of the Act and were accordingly eligible for depreciation under that section. 54. Owing to the entire

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, the appeals of the assessee for both the AYs 2014-15

Bench: Shri Shamim Yahya & Ms. Astha Chandra

1 )(ii) of the Act and were accordingly eligible for depreciation under that Section. 15. In view of the above, it is not necessary to decide the alternative submission made on behalf of the assessee that goodwill per se is eligible for depreciation under Section 32

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, the appeals of the assessee for both the AYs 2014-15

Bench: Shri Shamim Yahya & Ms. Astha Chandra

1 )(ii) of the Act and were accordingly eligible for depreciation under that Section. 15. In view of the above, it is not necessary to decide the alternative submission made on behalf of the assessee that goodwill per se is eligible for depreciation under Section 32

DCIT, NEW DELHI vs. M/S. CONTAINER CORPORATION OF INDIA LTD., NEW DELHI

In the result, the Revenue’s appeal is dismissed

Bench: Shri H.S. Sidhu & Dr. B.R.R. Kumar

section 32(1)(ii) of the Act and were accordingly eligible for depreciation under that section.” 15. As Assessee has earned