ACIT, NEW DELHI vs. SH. SATBIR SINGH, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri I.C.Sudhir & Shri O.P.Kantacit, Satbir Singh, Circle-33(1), 4/73, Wea Krishna Vs. New Delhi Market, Karolbagh, New Delhi Pan:Aogps9991A (Appellant) (Respondent) Appellant By : Sh. Sujit Kumar, Sr. Dr, Respondent By : Sh. Y.P. Rawala, Ca

depreciation on the basis of provision of section 38 of the Act when neither has the assessee claimed any depreciation

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

38 SOT 252/129 TTJ 273 wherein the Tribunal has held that deduction under section 10A of the Act has to be independently computed in relation to the profits of the eligible unit without adjusting the same against- unabsorbed depreciation

THE ORIENTAL INSURANCE CO. LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

Section 10(38) of the Act. However, the matter needs to be restored to the files of the Ld. AO to enquire that claim of assessee u/s 10(38), fulfills the desired conditions about payment of Securities Transaction Tax (STT).” Accordingly, the issue is decided in favour of the assessee and Ld. AO is directed to verify about the status

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. THE ORIENTAL INSURANCE CO. LTD., NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

Section 10(38) of the Act. However, the matter needs to be restored to the files of the Ld. AO to enquire that claim of assessee u/s 10(38), fulfills the desired conditions about payment of Securities Transaction Tax (STT).” Accordingly, the issue is decided in favour of the assessee and Ld. AO is directed to verify about the status

M/S. PACE INDUSTRIES PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed and partly allowed for statistical purposes

Bench: Shri Bhavnesh Saini & Shri T.S. Kapoor, [Assessment Year: 2007-08]

depreciation as per section 32(1 )(ii) r.w.s 38(2) of the Income Tax Act, 1961 (‘the Act’)- 2. That

DCIT (LTU), NEW DELHI vs. M/S. EXL SERVICE.COM (INDIA) PVT. LTD., NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

Section 32(1)(ii) of the Act and hence depreciation on the same shall be eligible at the rate applicable to other intangible assets specified therein. The assessee has also placed reliance on various judicial precedents.” 68. The ld. DRP after considering the submissions of the assessee directed the AO to allow the depreciation on the goodwill by observing

EXL SERVICE.COM (INDIA) PVT. LTD.,NEW DELHI vs. DCIT (LTU), NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

Section 32(1)(ii) of the Act and hence depreciation on the same shall be eligible at the rate applicable to other intangible assets specified therein. The assessee has also placed reliance on various judicial precedents.” 68. The ld. DRP after considering the submissions of the assessee directed the AO to allow the depreciation on the goodwill by observing

M/S THE ORIENTAL INSSURANCE CO.LTD.,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmam/S. The Oriental Insurance Co. Ltd, Vs. The Dcit, A 25/27, Asaf Ali Road, Ltu, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan: Aaact0627R

38) which is applicable to LTCG. The Id. A.O. held that the assessee is deriving income from General Insurance Business and also from other business. Therefore, the first category of Income is governed by section 44 of the Income Tax Act whereas second category is covered under section 28 of the Income Tax Act, 1961. The same was held

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 50B as canvassed on behalf

DDIT, NEW DELHI vs. SH. ATUL MEHTA, NEW DELHI

Appeal is dismissed

Bench: Shri I. C. Sudhir & Shri L. P. Sahu

depreciation is admissible irrespective of the fact whether an assessee claimed it or not. It was contended that the Assessing Officer had also over-looked the fact that section 56 is meant exclusively for taxing such income, which are not covered under any head and hence, the same are termed as “Income from Other Sources” and, therefore, it would hardly

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

depreciation on goodwill amounting to Rs. 1,16,51,168/- and Rs. 87,38,376/- claimed by the assessee under section

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

depreciation on goodwill amounting to Rs. 1,16,51,168/- and Rs. 87,38,376/- claimed by the assessee under section

LANDBASE INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

38. We have carefully considered the rival contention and perused the orders of the lower authorities on the issue. The learned CIT – A has decided the whole issue as per paragraph number 7.1 – 7.7 of his order. Undisputedly the assessee is running a golf course and making the revenue collection by way of refundable security deposit and membership fees from

LANDBASE INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

38. We have carefully considered the rival contention and perused the orders of the lower authorities on the issue. The learned CIT – A has decided the whole issue as per paragraph number 7.1 – 7.7 of his order. Undisputedly the assessee is running a golf course and making the revenue collection by way of refundable security deposit and membership fees from

LANDBASE INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

38. We have carefully considered the rival contention and perused the orders of the lower authorities on the issue. The learned CIT – A has decided the whole issue as per paragraph number 7.1 – 7.7 of his order. Undisputedly the assessee is running a golf course and making the revenue collection by way of refundable security deposit and membership fees from

LANDBASE INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

38. We have carefully considered the rival contention and perused the orders of the lower authorities on the issue. The learned CIT – A has decided the whole issue as per paragraph number 7.1 – 7.7 of his order. Undisputedly the assessee is running a golf course and making the revenue collection by way of refundable security deposit and membership fees from

ACIT, NEW DELHI vs. M/S. LANDBASE INDIA LTD., NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

38. We have carefully considered the rival contention and perused the orders of the lower authorities on the issue. The learned CIT – A has decided the whole issue as per paragraph number 7.1 – 7.7 of his order. Undisputedly the assessee is running a golf course and making the revenue collection by way of refundable security deposit and membership fees from

M/S LANDBASE INDIA LTD.,,GURGAON vs. ACIT, NEW DELHI

In the result, appeal of the assessee for assessment year 2011-12 is allowed

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

38. We have carefully considered the rival contention and perused the orders of the lower authorities on the issue. The learned CIT – A has decided the whole issue as per paragraph number 7.1 – 7.7 of his order. Undisputedly the assessee is running a golf course and making the revenue collection by way of refundable security deposit and membership fees from