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

56, 54, 840/- in the reassessment completed. Regarding the direction of the Tribunal for examining the depreciation on non-compete fee, the Assessing Officer was of the view that non-compete fee was not in the nature of business or commercial rights of similar nature mentioned in section 32(1

VEDANTA LTD (SUCCESSOR TO CAIRN INDIA LTD),GURGAON vs. ACIT, CIRCLE-26(1), NEW DELHI

Bench: Hon’Ble, Shri N.K. Saini & Shri Kuldip Singh

56 (SC), has held that “if an assessee does not claim the depreciation and does not furnish particulars for claiming depreciation, as prescribed, depreciation cannot thrust upon him.” To remedy the situation flowing from such judgment, the Legislature brought in Explanation 5 to section 32(1

BHARAT SANCHAR NIGAM LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

Section, First Floor, New Delhi Bharat Sanchar Bhawan, Janpath, New Delhi-110001 (PAN: AABCB5576G) AY: 2009-10 AY: 2005-06 ACIT, vs Bharat Sanchar Nigam Limited Circle 2(1), New Delhi-110001 New Delhi (Appellant) (Respondent) Appellant by: Shri Tarandeep Singh, Adv. Respondent by: Shri Ravi Jain, CIT DR Date of hearing: 15.02.2016 Date of pronouncement: 13.05.2016 ORDER PER SUDHANSHU

BHARAT SANCHAR NIGAM LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

Section, First Floor, New Delhi Bharat Sanchar Bhawan, Janpath, New Delhi-110001 (PAN: AABCB5576G) AY: 2009-10 AY: 2005-06 ACIT, vs Bharat Sanchar Nigam Limited Circle 2(1), New Delhi-110001 New Delhi (Appellant) (Respondent) Appellant by: Shri Tarandeep Singh, Adv. Respondent by: Shri Ravi Jain, CIT DR Date of hearing: 15.02.2016 Date of pronouncement: 13.05.2016 ORDER PER SUDHANSHU

ACIT, NEW DELHI vs. M/S. BHARAT SANCHAR NIGAM LTD., NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

Section, First Floor, New Delhi Bharat Sanchar Bhawan, Janpath, New Delhi-110001 (PAN: AABCB5576G) AY: 2009-10 AY: 2005-06 ACIT, vs Bharat Sanchar Nigam Limited Circle 2(1), New Delhi-110001 New Delhi (Appellant) (Respondent) Appellant by: Shri Tarandeep Singh, Adv. Respondent by: Shri Ravi Jain, CIT DR Date of hearing: 15.02.2016 Date of pronouncement: 13.05.2016 ORDER PER SUDHANSHU

DCIT, NEW DELHI vs. M/S. BHARAT SANCHAR NIGAM LTD., NEW DELHI

The appeals of the assessee are allowed

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

Section, First Floor, New Delhi Bharat Sanchar Bhawan, Janpath, New Delhi-110001 (PAN: AABCB5576G) AY: 2009-10 AY: 2005-06 ACIT, vs Bharat Sanchar Nigam Limited Circle 2(1), New Delhi-110001 New Delhi (Appellant) (Respondent) Appellant by: Shri Tarandeep Singh, Adv. Respondent by: Shri Ravi Jain, CIT DR Date of hearing: 15.02.2016 Date of pronouncement: 13.05.2016 ORDER PER SUDHANSHU

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

section 43(1) of the Act. The facts are thus totally distinguishable as in the instant case it is a transfer of public limited company to the closely held company for the purpose which has not been disputed by either the Assessing Officer or the CIT(A). Moreover, valuation having regard to the book value of the assets also shows

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

section 43(1) of the Act. The facts are thus totally distinguishable as in the instant case it is a transfer of public limited company to the closely held company for the purpose which has not been disputed by either the Assessing Officer or the CIT(A). Moreover, valuation having regard to the book value of the assets also shows

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

section 43(1) of the Act. The facts are thus totally distinguishable as in the instant case it is a transfer of public limited company to the closely held company for the purpose which has not been disputed by either the Assessing Officer or the CIT(A). Moreover, valuation having regard to the book value of the assets also shows

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

section 43(1) of the Act. The facts are thus totally distinguishable as in the instant case it is a transfer of public limited company to the closely held company for the purpose which has not been disputed by either the Assessing Officer or the CIT(A). Moreover, valuation having regard to the book value of the assets also shows

NOKIA INDIA SALES P.LTD,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-6, , NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 7244/Del/2017 : Asstt. Year : 2012-13 Nokia India Sales Pvt. Ltd., Vs Addl. Cit, 807, New Delhi House, Special Range-6, Barakhamba Road, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaccn9141L Assessee By : Sh. Nageshwar Rao, Adv. Revenue By : Sh. Surenderpal, Cit Dr Date Of Hearing: 29.07.2021 Date Of Pronouncement: 25.10.2021

depreciation on the written down value of the FOC phones treated as capital assets in the case of NEPL in earlier AYs, where in the impugned assessment order, the Ld. AO has himself stated that the issues examined in the case of NEPL shall continue to be applicable in the Appellant’s case as well, purportedly being the successor

INDIAN NATIONAL CONG. (I) AICC vs. C.I.T.- XI

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

56(1) of the Act, provides an affirmative answer to the question whether income by way of voluntary contributions is ‘income from other sources’ in a situation where the proviso to Section 13A(1) of the Act is not fulfilled by a political party. ITA Nos. 145/2001 & 180/2001 Page 45 of 71 87. The decision in Commissioner of Expenditure

COMMISSIONER OF INCOME TAX DELHI-XI vs. INDIAN NATIONAL CONGRESS/ALL INDIA CONGRESS COMMITTEE

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

56(1) of the Act, provides an affirmative answer to the question whether income by way of voluntary contributions is ‘income from other sources’ in a situation where the proviso to Section 13A(1) of the Act is not fulfilled by a political party. ITA Nos. 145/2001 & 180/2001 Page 45 of 71 87. The decision in Commissioner of Expenditure

INDIAN NATIONAL CONG. (I) AICC vs. C.I.T.- XI

56(1) of the Act, provides an affirmative answer to the question whether income by way of voluntary contributions is ‘income from other sources’ in a situation where the proviso to Section 13A(1) of the Act is not fulfilled by a political party. 2016:DHC:2463-DB ITA Nos. 145/2001 & 180/2001 Page 45 of 71 87. The decision

ORIENTAL BANK OF COMMERCE,GURGAON vs. ACIT, CIRCLE- 19(1), NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

depreciation is nil; or] (iv) to (vi) [****] (vii) the amount of profits of sick industrial company for the assessment year commencing on and from the assessment year relevant to the previous year in which the said company has become a sick industrial company under sub-section (1) of section 171 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1

ACIT, NEW DELHI vs. M/S. ORIENTAL BANK OF COMMERCE, GURGAON

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

depreciation is nil; or] (iv) to (vi) [****] (vii) the amount of profits of sick industrial company for the assessment year commencing on and from the assessment year relevant to the previous year in which the said company has become a sick industrial company under sub-section (1) of section 171 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1

ACIT, CIRCLE- 19(1), NEW DELHI vs. ORIENTAL BANK OF COMMERCE, GURGAON

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

depreciation is nil; or] (iv) to (vi) [****] (vii) the amount of profits of sick industrial company for the assessment year commencing on and from the assessment year relevant to the previous year in which the said company has become a sick industrial company under sub-section (1) of section 171 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1

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

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

depreciation is nil; or] (iv) to (vi) [****] (vii) the amount of profits of sick industrial company for the assessment year commencing on and from the assessment year relevant to the previous year in which the said company has become a sick industrial company under sub-section (1) of section 171 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1