COMMISSIONER OF INCOME TAX vs. M/S JAGATJIT INDUSTRIES LIMITED

The appeal is disposed of

depreciation and other allowances because the allowance of development rebate can result in an assessee claiming allowances exceeding the original cost. It may be that the Legislature thought that, though development rebate was intended to promote development of industries, this could not be allowed at the cost of the foreign exchange resources of the country which are also depleted when

M/S JAGAJIT INDUSTRIES LTD vs. DY. COMMR OF I.T.

The appeal is disposed of

depreciation and other allowances because the allowance of development rebate can result in an assessee claiming allowances exceeding the original cost. It may be that the Legislature thought that, though development rebate was intended to promote development of industries, this could not be allowed at the cost of the foreign exchange resources of the country which are also depleted when

M/S JAGATJIT INDUSTRIES LIMITED GURGAON vs. DY. COMMISSIONER OF INCOME TAX

The appeal is disposed of

depreciation and other allowances because the allowance of development rebate can result in an assessee claiming allowances exceeding the original cost. It may be that the Legislature thought that, though development rebate was intended to promote development of industries, this could not be allowed at the cost of the foreign exchange resources of the country which are also depleted when

JAGATJIT INDUSTRIES LTD vs. DY.COMMR.OF INCOME TAX,CENTRAL-VI

The appeal is disposed of

depreciation and other allowances because the allowance of development rebate can result in an assessee claiming allowances exceeding the original cost. It may be that the Legislature thought that, though development rebate was intended to promote development of industries, this could not be allowed at the cost of the foreign exchange resources of the country which are also depleted when

JAGATJIT INDUSTRIES LTD. vs. DY.COMMR.OF INCOME TAX,CENTRAL-VI

The appeal is disposed of

depreciation and other allowances because the allowance of development rebate can result in an assessee claiming allowances exceeding the original cost. It may be that the Legislature thought that, though development rebate was intended to promote development of industries, this could not be allowed at the cost of the foreign exchange resources of the country which are also depleted when

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

Section 115JB of the Income Tax Act, 1961. In the present Assessment Year also the facts are similar and are squarely covered with the decision of the Tribunal for A.Ys. 2010-11, 2011-12, 2012-13 and 2013-14. Hence Ground Nos. 15 to 14.3 are allowed. 24. As regards Ground No. 16 to 16.2 is relating to Disallowance

ORACLE INDIA PRIVATE LIMITED vs. COMMISSIONER OF INCOME TAX

Section 35A of the Act was applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue in nature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in 2013:DHC:6048-DB ITA No. 25/2012-

ORACLE SOFTWARE INDIA LTD vs. COMMISSIONER OF INCOME TAX DEL

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA P.LTD. vs. COMMISSIONER OF INCOME TAX DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE SOFTWARE INDIA LTD. vs. COMMISSIONER OF INCOME TAX DEL

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA PVT. LTD. vs. COMMISSIONER OF INCOME TAX, DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA PVT. LTD. vs. COMMISSIONER OF INCOME TAX, DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA P.LTD. vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE SOFTWARE INDIA LTD. vs. COMMISSIONER OF INCOME TAX DEL

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE SOFTWARE INDIA LTD. vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

ORACLE INDIA PVT. LTD. vs. COMMISSIONER OF INCOME TAX, DELHI

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 35A ofthe Actwas applicable and, therefore, the cost paid on master copy was to be amortised/allowed in 14 instalments for the Assessment Year 1994-95. Even if the expenditure was revenue innature, the same has to be disallowed. 16. We have quoted the finding recorded by the tribunal in ITANo, 25/2012- connected appeals Pa&e 14 of32 paragraphs

COMMISSIONER OF INCOME TAX

depreciation and unabsorbed development rebate while computing the total income on the basis that the total income spoken of by sub-section (1) means commercial profits.” 27. It was accordingly observed that on proper construction of Section 80E(1) full effect has to be give to the word „such profits‟ and this was not possible without computing the income

CIT vs. KRIBHCO

depreciation and unabsorbed development rebate while computing the total income on the basis that the total income spoken of by sub-section (1) means commercial profits.” 27. It was accordingly observed that on proper construction of Section 80E(1) full effect has to be give to the word „such profits‟ and this was not possible without computing the income