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720 results for “depreciation”+ Section 56(2)(vii)clear

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Key Topics

Section 143(3)71Addition to Income59Section 153A47Disallowance37Section 14A31Section 6827Section 56(2)(viib)22Deduction22Section 10A18Section 251(1)

HERO FINCORP LIMITED,NEW DELHI vs. ACIT, CIRCLE 11(1), DELHI, C.R. BUILDING

In the result, the appeal of the assessee is partly allowed

ITA 2542/DEL/2024[2017-18]Status: DisposedITAT Delhi16 Jan 2026AY 2017-18
Section 143(3)Section 154Section 251(1)Section 56(2)(viib)

depreciation is justified and the same is\nconfirmed. Ground nos. 8 to 11 of the appeal are dismissed.\n12.\nGround nos. 12 to 20 of the appeal are against the addition of Rs.418,66,34,625 under\nSection 56 (2)(viib) of the Act.\n12.1\nThe AO noted that during the year the assessee had issued 13492216 no. of equity

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

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

ITA 1834/DEL/2021[20017-18]Status: Disposed

Showing 1–20 of 720 · Page 1 of 36

...
16
Section 271(1)(c)16
Natural Justice15
ITAT Delhi
06 Aug 2025

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 143(3)Section 49(4)Section 56(2)(vii)

section 56(2)(vii) of the Act contemplates two contingencies firstly, where the property is received without consideration and secondly, where it is received for consideration less than the fair market value. The issue of bonus shares by capitalization of reserves is merely a reallocation of the companies funds. There is no inflow of fresh funds or increase

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

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

ITA 1205/DEL/2021[2017-18]Status: DisposedITAT Delhi06 Aug 2025AY 2017-18

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 143(3)Section 49(4)Section 56(2)(vii)

section 56(2)(vii) of the Act contemplates two contingencies firstly, where the property is received without consideration and secondly, where it is received for consideration less than the fair market value. The issue of bonus shares by capitalization of reserves is merely a reallocation of the companies funds. There is no inflow of fresh funds or increase

ACIT CIRCLE 16(1), DELHI vs. KUL PRAKASH CHANDOK , DELHI

In the result, we do not\nfind any merit in this appeal, the same fails and is hereby\ndismissed

ITA 1921/DEL/2021[2015-16]Status: DisposedITAT Delhi08 Jan 2024AY 2015-16
Section 55(2)(aa)Section 56(2)(vii)

Section 56(2)(vii) of the Act contemplates two\ncontingencies firstly, where the property is received without\nconsideration and secondly, where it is received for consideration\nless than the fair market value. The issue of bonus shares by\ncapitalization of reserves is merely a reallocation of the\ncompanies funds. There is no inflow of fresh funds or increase in\nthe

POTENT FOODS PRIVATE LIMTED,FARIDABAD vs. ITO WARD-2(1), FARIDABAD

In the result, appeal of the Assessee is allowed

ITA 104/DEL/2021[2016-17]Status: DisposedITAT Delhi05 May 2022AY 2016-17

Bench: Shri R.K. Panda

For Appellant: Shri Shyam SunderFor Respondent: Shri Om Prakash, Sr. DR
Section 143(1)Section 68

vii)(b) of 37 ITA.No.104/Del./2021 M/s. Potent Foods Pvt. Ltd., Sector 20-B, Faridabad, Haryana. the I.T. Act, 1961 on protective basis. It is the submission of the Learned Counsel for the Assessee that for the purpose of section 56(2)(viib) of the Act the valuation of the shares has to be done in accordance with

DCIT, CC-31, NEW DELHI vs. REALTIME MARKETING PVT. LTD., DELHI

In the result, the addition made u/s 68 and u/s 56(2)(viib) in the case of M/s Realtime Marketing Pvt

ITA 1839/DEL/2021[2015-16]Status: DisposedITAT Delhi05 Jul 2024AY 2015-16

Bench: Dr. B. R. R. Kumar, Sh. Yogesh Kumar Us

For Appellant: Sh. Neeraj Jain, Adv. &For Respondent: Ms. Sapna Bhatia, CIT-DR
Section 132Section 132(4)Section 143(1)Section 143(2)Section 153ASection 68

depreciation and for A.Y. 2018-19, the assessment u/s 143(3) has been completed by making addition of Rs.5,34,609/- by the Assessing Officer and addition of Rs.2,79,50,000/- by the CPC. Realtime Marketing & ENN VEE Holdings Pvt. Ltd. ITA No. 1195/Del/2023 : Asstt. Year: 2016-17 M/s ENN VEE Holdings Pvt. Ltd. 18. In this case

ENN VEE HOLDINGS PVT LTD,NEW DELHI vs. DCIT CENTRAL CIRCLE 31, NEW DELHI

In the result, the addition made u/s 68 and u/s 56(2)(viib) in the case of M/s Realtime Marketing Pvt

ITA 1195/DEL/2023[2016-17]Status: DisposedITAT Delhi05 Jul 2024AY 2016-17

Bench: Dr. B. R. R. Kumar, Sh. Yogesh Kumar Us

For Appellant: Sh. Neeraj Jain, Adv. &For Respondent: Ms. Sapna Bhatia, CIT-DR
Section 132Section 132(4)Section 143(1)Section 143(2)Section 153ASection 68

depreciation and for A.Y. 2018-19, the assessment u/s 143(3) has been completed by making addition of Rs.5,34,609/- by the Assessing Officer and addition of Rs.2,79,50,000/- by the CPC. Realtime Marketing & ENN VEE Holdings Pvt. Ltd. ITA No. 1195/Del/2023 : Asstt. Year: 2016-17 M/s ENN VEE Holdings Pvt. Ltd. 18. In this case

STRYTON EXIM INDIA P.LTD,NEW DELHI vs. ITO, WARD-24(2), NEW DELHI

In the result appeal filed by the assessee is allowed for statistical purposes

ITA 5982/DEL/2018[2014-15]Status: DisposedITAT Delhi23 Oct 2018AY 2014-15

Bench: Shri Kuldip Singh & Shri Prashant Maharishisa No. 665/Del/2018 (In Ita No. 5982/Del/2018) (Assessment Year: 2014-15) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent)

For Appellant: Shri Rahul Khare, AdvFor Respondent: Shri K Tewari, Sr. DR
Section 56(2)(viib)Section 68

depreciation; iv. any amount representing provision for taxation, other that amount of TDS or TCS or as advance tax payment. The quantum of TDS or TCS or advance tax needs to be reduced by the amount of tax claimed as refund under the IT A; v. any amount representing provisions made for meeting liabilities, other than ascertained liabilities

DCIT CIRCLE - 16(1), NEW DELHI vs. ARUNA CHANDHOK, NEW DELHI

In the result, we do not find any merit in this appeal, the same fails and is hereby dismissed

ITA 387/DEL/2021[2015-16]Status: DisposedITAT Delhi05 Sept 2023AY 2015-16

Bench: Shri M. Balaganesh & Shri Anubhav Sharmadcit, Vs. Smt Aruna Chandhok, Circle-16(1), H-30, Sainik Farms, New Delhi Delhi-110062 (Appellant) (Respondent) Pan: Aaepc7861R

For Appellant: Sh. Pradeep Dinodia, CAFor Respondent: Shri P. Praveen Sidharth, CIT DR
Section 143(3)Section 55(2)(aa)Section 56(2)(vii)

Section 56(2)(vii) of the Act contemplates two contingencies firstly, where the property is received without consideration and secondly, where it is received for consideration less than the fair market value. The issue of bonus shares by capitalization of reserves is merely a reallocation of the companies funds. There is no inflow of fresh funds or increase

PINGASH MARKETING PRIVATE LIMITED,BALLABHGARH vs. ITO WARD-2(1), FARIDABAD

In the result, Appeals in ITA No

ITA 99/DEL/2021[2016-17]Status: DisposedITAT Delhi18 Apr 2024AY 2016-17

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

Section 143(1)Section 251(1)Section 271(1)(c)Section 52(2)Section 56(2)(viib)Section 68

vii) could have determined the fair market value of the premium on shares issued at Nil after rejecting the valuation report given by the Chartered Accountant on one of the prescribed methods under the rules adopted by the Valuer. Before us, learned counsel, Mr. Dinodia, first of all had harped upon the spirit and intention of the Legislature in introducing

GOPESH FABRICS PVT. LTD.,BALLABHGARH vs. ITO WARD-1(3) , FARIDABAD

In the result, Appeals in ITA No

ITA 98/DEL/2021[2016-17]Status: DisposedITAT Delhi18 Apr 2024AY 2016-17

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

Section 143(1)Section 251(1)Section 271(1)(c)Section 52(2)Section 56(2)(viib)Section 68

vii) could have determined the fair market value of the premium on shares issued at Nil after rejecting the valuation report given by the Chartered Accountant on one of the prescribed methods under the rules adopted by the Valuer. Before us, learned counsel, Mr. Dinodia, first of all had harped upon the spirit and intention of the Legislature in introducing

VIDHI CINEMAS PVT.LTD.,HARYANA vs. ITO WARD-2(5), FARIDABAD

In the result, Appeals in ITA No

ITA 88/DEL/2021[2016-17]Status: DisposedITAT Delhi18 Apr 2024AY 2016-17

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

Section 143(1)Section 251(1)Section 271(1)(c)Section 52(2)Section 56(2)(viib)Section 68

vii) could have determined the fair market value of the premium on shares issued at Nil after rejecting the valuation report given by the Chartered Accountant on one of the prescribed methods under the rules adopted by the Valuer. Before us, learned counsel, Mr. Dinodia, first of all had harped upon the spirit and intention of the Legislature in introducing

ZHILMIL ELECTRONICS PVT. LTD.,HARYANA vs. ITO WARD-2(5), FARIDABAD

In the result, Appeals in ITA No

ITA 87/DEL/2021[2016-17]Status: DisposedITAT Delhi18 Apr 2024AY 2016-17

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

Section 143(1)Section 251(1)Section 271(1)(c)Section 52(2)Section 56(2)(viib)Section 68

vii) could have determined the fair market value of the premium on shares issued at Nil after rejecting the valuation report given by the Chartered Accountant on one of the prescribed methods under the rules adopted by the Valuer. Before us, learned counsel, Mr. Dinodia, first of all had harped upon the spirit and intention of the Legislature in introducing

SHANTA BLANKETS PVT. LTD.,HARYANA vs. ITO WARD-2(3) , FARIDABAD

In the result, Appeals in ITA No

ITA 84/DEL/2021[2016-17]Status: DisposedITAT Delhi18 Apr 2024AY 2016-17

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita No.84/Del/2021, A.Y.2016-17)

Section 143(1)Section 251(1)Section 271(1)(c)Section 52(2)Section 56(2)(viib)Section 68

vii) could have determined the fair market value of the premium on shares issued at Nil after rejecting the valuation report given by the Chartered Accountant on one of the prescribed methods under the rules adopted by the Valuer. Before us, learned counsel, Mr. Dinodia, first of all had harped upon the spirit and intention of the Legislature in introducing

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

In the result, the appeal of the revenue is allowed

ITA 4836/DEL/2012[2009-10]Status: DisposedITAT Delhi18 Dec 2015AY 2009-10

Bench: Shri N.K. Saini & Shri Chandra Mohan Garg

For Appellant: Shri Atiq Ahmad, Sr. DRFor Respondent: S/Shri Salil Kapoor, Sanat Kapoor, Advocates
Section 24Section 56(2)(iii)

VII, had held as under:- “3.1 I have considered the written submission on behalf of the appellant, the findings of the Assessing Officer and the facts on record. In the present case, the assessee made a lease agreement for letting out of the property and for providing amenities and there is a doubt in the mind of the Assessing Officer

DIRECTOR OF INCOME TAX DELHI vs. M/S LUFTHANSA CARGO INDIA P .

ITA/95/2005HC Delhi27 May 2015

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.K.GAUBA

Section 195Section 260ASection 9(1)(vii)

2. MATERIAL PROVISIONING 2.1 Repairable and consumables required for the work to be performed on the Customer's components shall be supplied by Lufthansa Technik on the basis of sale provided Lufthansa Technik's stock permits such supply. 2.2 Modification material and, if required serialized subassemblies shall be provided by the Customer. 2.3 If specially requested by the Customer

DIRECTOR OF INCOME TAX DELHI vs. M/S LUFTHANSA CARGO INDIA P .

ITA - 95 / 2005HC Delhi27 May 2015
Section 195Section 260ASection 9(1)(vii)

2. MATERIAL PROVISIONING 2.1 Repairable and consumables required for the work to be performed on the Customer's components shall be supplied by Lufthansa Technik on the basis of sale provided Lufthansa Technik's stock permits such supply. 2.2 Modification material and, if required serialized subassemblies shall be provided by the Customer. 2.3 If specially requested by the Customer

MANTRAM COMMODITIES PVT. LTD.,FARIDABAD vs. ITO WARD-1(5), FARIDABAD

In the result, appeal of the Assessee is allowed

ITA 105/DEL/2021[2016-17]Status: DisposedITAT Delhi25 Apr 2022AY 2016-17

Bench: Shri R.K. Panda

For Appellant: Shri Shyam SunderFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 143(1)Section 143(2)Section 56Section 68

vii)(b) of the I.T. Act, 1961 on protective basis. It is the submission of the Learned Counsel for the Assessee that for the purpose of section 56(2)(viib) of the Act the valuation of the shares has to be done in accordance with the Rule 11UA of IT Rules, 1962. As per the said Rule, the fair market

THINKSTATIONS LEARNING PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-25(1), NEW DELHI

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

ITA 7345/DEL/2019[2016-17]Status: DisposedITAT Delhi04 Jul 2023AY 2016-17

Bench: Shri Narendra Kumar Billaiya & Shri Challa Nagendra Prasad

For Appellant: Advocate
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 56(2)(viib)

section 56 shall be the value, on the valuation date, of such unquoted equity shares as determined in the following manner under clause (a) or clause (b), at the option of the assessee, namely:- a) the fair market value of unquoted equity shares = (A-L) _x (PV), (PE) A = book value of the assets in the balance-sheet as reduced

THINKSTATIONS LEARNING PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-8(1), NEW DELHI

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

ITA 9824/DEL/2019[2015-16]Status: DisposedITAT Delhi04 Jul 2023AY 2015-16

Bench: Shri Narendra Kumar Billaiya & Shri Challa Nagendra Prasad

For Appellant: Advocate
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 56(2)(viib)

section 56 shall be the value, on the valuation date, of such unquoted equity shares as determined in the following manner under clause (a) or clause (b), at the option of the assessee, namely:- a) the fair market value of unquoted equity shares = (A-L) _x (PV), (PE) A = book value of the assets in the balance-sheet as reduced