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

In the result, all the appeals are partly allowed

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

6 The assessee, being aggrieved, is in appeal before us. 7 The ld. AR submitted the written synopsis which reads as under: “This addition needs to be examined and split into two aspect as under:- 1 Depreciation on building allowed at half rates. 2 Explanation 3 to section 43

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

In the result, all the appeals are partly allowed

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

6 The assessee, being aggrieved, is in appeal before us. 7 The ld. AR submitted the written synopsis which reads as under: “This addition needs to be examined and split into two aspect as under:- 1 Depreciation on building allowed at half rates. 2 Explanation 3 to section 43

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

In the result, all the appeals are partly allowed

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

6 The assessee, being aggrieved, is in appeal before us. 7 The ld. AR submitted the written synopsis which reads as under: “This addition needs to be examined and split into two aspect as under:- 1 Depreciation on building allowed at half rates. 2 Explanation 3 to section 43

COMMISSIONER OF INCOME TAX vs. WOODWARD GOVERNOR INDIA PVT. LTD.

The appeal is dismissed

depreciation or investment allowance in the context of Section 43-A of the Act. (e) The amendment to Section 43-A with effect from 1-4- 2003 is only clarificatory and has a retrospective effect. Reliance is placed on the decisions in CWT -vs- Swaran Kumar Swarup, 210 ITR 886 (SC), Poddar Cement -vs- CIT, 226 ITR 625 (SC), Lohia

COMMISSIONER OF INCOME TAX vs. INDIA PVT. LTD.

The appeal is dismissed

depreciation or investment allowance in the context of Section 43-A of the Act. (e) The amendment to Section 43-A with effect from 1-4- 2003 is only clarificatory and has a retrospective effect. Reliance is placed on the decisions in CWT -vs- Swaran Kumar Swarup, 210 ITR 886 (SC), Poddar Cement -vs- CIT, 226 ITR 625 (SC), Lohia

ACIT, NEW DELHI vs. M/S. MAX HEALTHCARE INSTITUTE LTD., NEW DELHI

Bench: Shri G.S.Pannu, Hon‟Ble & Shri Anubhav Sharma

depreciation, which is common to all the appeals in hand, it can be observed from the orders of the tax authorities below that the ld AO has reached the conclusion within the scope of provision of section 47 clause (iv), section 43(1) r/w explanation 6

ACIT, NEW DELHI vs. M/S. MAX HEALTHCARE INSTITUTE LTD., NEW DELHI

Bench: Shri G.S.Pannu, Hon‟Ble & Shri Anubhav Sharma

depreciation, which is common to all the appeals in hand, it can be observed from the orders of the tax authorities below that the ld AO has reached the conclusion within the scope of provision of section 47 clause (iv), section 43(1) r/w explanation 6

ACIT, NEW DELHI vs. M/S. MAX HEALTHCARE INSTITUTE LTD., NEW DELHI

Bench: Shri G.S.Pannu, Hon‟Ble & Shri Anubhav Sharma

depreciation, which is common to all the appeals in hand, it can be observed from the orders of the tax authorities below that the ld AO has reached the conclusion within the scope of provision of section 47 clause (iv), section 43(1) r/w explanation 6

ACIT, NEW DELHI vs. M/S. MAX HEALTHCARE INSTITUTE LTD., NEW DELHI

Bench: Shri G.S.Pannu, Hon‟Ble & Shri Anubhav Sharma

depreciation, which is common to all the appeals in hand, it can be observed from the orders of the tax authorities below that the ld AO has reached the conclusion within the scope of provision of section 47 clause (iv), section 43(1) r/w explanation 6

ORIENTAL BANK OF COMMERCE,GURGAON vs. ACIT, NEW DELHI

In the result, the appeal is dismissed

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

depreciation claimed by the bank in the case of amalgamation is governed by section 43(1), 43(6) Explanation 2 as well

COMMISSIONER OF INCOME TAX (C) - II vs. MIRA EXIM LTD.

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

depreciation in cases of amalgamation. Section 43 falls under the heading ''Definitions of certain terms relevant to income from profits and gains ofbusiness or profession''. The heading may not and cannot control the main provision but it is apparent that sub-section (1) to Section 43 deals with the definition of term "actual cosf and sub section (6

COMMISSIONER OF INCOME TAX (C) - II vs. MIRA EXIM LTD.

depreciation in cases of amalgamation. Section 43 falls under the heading ''Definitions of certain terms relevant to income from profits and gains ofbusiness or profession''. The heading may not and cannot control the main provision but it is apparent that sub-section (1) to Section 43 deals with the definition of term "actual cosf and sub section (6

COMMISSIONER OF INCOME TAX-II vs. MIRA EXIM

depreciation in cases of amalgamation. Section 43 falls under the heading ''Definitions of certain terms relevant to income from profits and gains ofbusiness or profession''. The heading may not and cannot control the main provision but it is apparent that sub-section (1) to Section 43 deals with the definition of term "actual cosf and sub section (6

COMMISSIONER OF INCOME TAX (C) - II vs. MIRA EXIM LTD.

depreciation in cases of amalgamation. Section 43 falls under the heading ''Definitions of certain terms relevant to income from profits and gains ofbusiness or profession''. The heading may not and cannot control the main provision but it is apparent that sub-section (1) to Section 43 deals with the definition of term "actual cosf and sub section (6

STEEL AUTHORITY OF INDIA LTD vs. COMISSIONER OF INCOME TAX

The appeals are dismissed with no costs

depreciation on the reduced cost in terms of Explanation 10 to Section 43(1) and Section 32 of the Act?” 6

STEEL AUTHORITY OF INDIA LTD vs. COMISSIONER OF INCOME TAX

The appeals are dismissed with no costs

depreciation on the reduced cost in terms of Explanation 10 to Section 43(1) and Section 32 of the Act?” 6

PRASIDH FINCAP LTD,NEW DELHI vs. ITO, WARD-20(1), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumarprasidh Fincap Ltd, Vs. Dcit, 2Nd Floor, Rsn Arcade, 6 Circle-20(1), Lsc, Near Peince New Delhi Apartment, Ip Extension, Parparganj, New Delhi (Appellant) (Respondent) Pan:Aaacp6704D

depreciation attributable to the taxable income came within the meaning of the words "actually allowed" in the old section corresponding to section 43(6

PRASIDH FINCAP LTD. ,NEW DELHI vs. DCIT CIRCLE-20(1), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumarprasidh Fincap Ltd, Vs. Dcit, 2Nd Floor, Rsn Arcade, 6 Circle-20(1), Lsc, Near Peince New Delhi Apartment, Ip Extension, Parparganj, New Delhi (Appellant) (Respondent) Pan:Aaacp6704D

depreciation attributable to the taxable income came within the meaning of the words "actually allowed" in the old section corresponding to section 43(6