ACIT, CIRCLE-26(1), NEW DELHI vs. VALUE FIRST DIGITAL MEDIA PVT. LTD.,, NEW DELHI

In the result, ITA No. 3143/Del/2019 [A

Bench: Shri Narender Kumar Choudhry & Dr. B.R.R. Kumar

depreciation on the same ratio on which the assessee have been transferred as per Section 72A and thus effectively allowing

DCIT (LTU), NEW DELHI vs. M/S. MAWAWAN SUGAR LTD., NEW DELHI

In the result both the grounds of appeal of revenue is dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishidcit (Ltu), Mawana Sugar Ltd, (Presently Known As M/S. Siel Ltd., 5Th Nbcc Plaza, Vs. Pusp Vihar, Floor, Kirti Mahal, 19, New Delhi Rajendra Place, New Delhi Pan:Aahcs4120R (Appellant) (Respondent) Appellant By : Sh. Trandeep Singh, Ca Respondent By : Sh.Balwan Chauhan, Sr. Dr Date Of Hearing 26.11.2015 Date Of Pronouncement 04.12.2015 O R D E R Per Prashant Maharishi, A. M. 01. The Present Appeal Filed By The Revenue Is Directed Against The Order Of Learned Cit(A)-Ix, New Delhi Dated 30.09.2009 Passed For The Assessment Year 2003-04. The Revenue Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case, The Ld Cit(A) Has Erred In Holding That There Was Valid ‘Demerger’ U/S 2(19Aa) Of The Act. 2. On The Facts & In The Circumstances Of The Case, The Ld Cit(A) Has Erred In Holding That The Assessee Is To Be Allowed Carry Forward Of Loss & Unabsorbed Deprecation Of Rs.46,57,12,585/-“ 02. This Company Was Incorporated On 26.12.2002 I Under The Name & Style Of Siel Sugar Sugars Limited & Subsequently The Name Of This Assessee Was Changed W.E.F 16.06.2004 To Mawana Sugars Limited. The Facts In Brief Of The Case Are That The Assessee Was Engaged In The Business Of Manufacture & Sale Of Sugar. The Assessee Filed Return Of Income On 24.10.2003 Declaring Loss Of Rs. 26,79,18,903/-. The Case Was Selected For Scrutiny & Processed U/S 143(1) On 19.02.2004. Notices U/S 143(2) Was Issued. The Assessing Officer Noticed In His Order That The Assessee Failed To Furnish Accurate Particulars Of Its Income By Wrongly Claiming Carry

depreciation in term of section 72A(4) of the Act. The assessee company had already submitted working of unabsorbed depreciation

M/S VALUE FIRST DIGITAL MEDIA PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

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

section 72A of the Act during the captioned assessment year. 3.3 That on the facts and in the circumstances of the case and in law, the Learned CIT(A) erred in upholding the denial of the set off of unabsorbed depreciation

VALUE FIRST DIGITAL MEDIA PVT. LTD.,,NEW DELHI vs. DCIT, CIRCLE-26(1), NEW DELHI

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

section 72A of the Act during the captioned assessment year. 3.3 That on the facts and in the circumstances of the case and in law, the Learned CIT(A) erred in upholding the denial of the set off of unabsorbed depreciation

THE BALLABGARH CO-OPERATIVE MILK PRODUCERS UNION LTD.,BALLABGARH vs. ACIT, FARIDABAD

In the result, appeal of Assessee allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

72A and Section 72AA of the Income Tax Act, which are applicable to 8 ITA.No.437/Del./2014 The Ballabgarh Cooperative Milk Producers Union Ltd., Ballabgarh. corporate legal entities. Assessee was under bonafide belief that just like a Company, it is a Corporate entity having separate legal entity and as such entitled for relief under the above provisions. Excessive depreciation

OSTTRA INDIA SERVICES PRIVATE LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(1), CR BUILDING, DELHI, DELHI

In the result, the appeal of the assessee is allowed for statistical purpose

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2023-24 Osttra India Services Private Vs Assistant Commissioner Limited Lgf.A-16/9 Vasant Of Income Tax, Circle Vihar, South-West Delhi, New 1991) Cr Building, Delhi Delhi 110057 Pan No. Aaocm6253C (Appellant) (Respondent)

depreciation deemed so under section 72A, if such loss or depreciation is attributable to any of the deductions referred to in clause

ASSISTANT COMMISSIONER OF INCOME TAX, DELHI vs. TRIMASTER PRIVATE LIMITED, DELHI

In the result, the appeal of the Revenue is allowed for statistical purposes and Cross Objection of the assessee is dismissed as withdrawn

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2021-22 Assistant Commissioner Of Trimaster Private Limited, Income Tax, Room No.192A, 222, Okhla Industrial Estate, First Floor, C.R. Building, Ito, Vs New Delhi-110020 Delhi-110002 Pan-Aaacn0138P Assessee Revenue Cross Objection No.119/Del/2025 (Arising Out Of Ita No.955/Del/2025 ) [Assessment Year: 2021-22 Trimaster Private Limited, Assistant Commissioner Of Income 222, Okhla Industrial Estate, Tax, Room No.192A, First Floor, New Delhi-110020 Vs C.R. Building, Ito, Delhi-110002 Pan-Aaacn0138P Assessee Revenue Assessee By Shri Nitini Kumar Sharma, Ca Revenue By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 05.01.2026 Date Of Pronouncement 07.01.2026

depreciation deemed so under section 72A, if such loss or depreciation is attributable to any of the deductions referred to in clause

DCIT, CIRCLE 4(2), NEW DELHI vs. M/S BHARTI TELEMEDIA LTD, NEW DELHI

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

Bench: Shri C.N. Prasad & Shri M. Balaganesh

72A of the Act qua accumulated losses on amalgamation to telecommunication service sector read as under : "Incentive for amalgamation in telecom sector Under the existing provisions contained in section 724 of the Income-tax Act, the benefit of curry forward of losses and unabsorbed depreciation

BHARTI TELEMEDIA LIMITED,NEW DELHI vs. DCIT, CIRCLE-4(2), NEW DELHI

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

Bench: Shri C.N. Prasad & Shri M. Balaganesh

72A of the Act qua accumulated losses on amalgamation to telecommunication service sector read as under : "Incentive for amalgamation in telecom sector Under the existing provisions contained in section 724 of the Income-tax Act, the benefit of curry forward of losses and unabsorbed depreciation

DCIT, CIRCLE 4(2), NEW DELHI vs. MS BHARTI TELEMEDIA LTD, NEW DELHI

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

Bench: Shri C.N. Prasad & Shri M. Balaganesh

72A of the Act qua accumulated losses on amalgamation to telecommunication service sector read as under : "Incentive for amalgamation in telecom sector Under the existing provisions contained in section 724 of the Income-tax Act, the benefit of curry forward of losses and unabsorbed depreciation

BHARTI TELEMEDIA LIMITED,NEW DELHI vs. DCIT, CIRCLE-4(2), NEW DELHI

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

Bench: Shri C.N. Prasad & Shri M. Balaganesh

72A of the Act qua accumulated losses on amalgamation to telecommunication service sector read as under : "Incentive for amalgamation in telecom sector Under the existing provisions contained in section 724 of the Income-tax Act, the benefit of curry forward of losses and unabsorbed depreciation

ACIT, NEW DELHI vs. M/S. ADM AGRO INDUSTRIES DHARWAD PVT. LTD., NEW DELHI

In the result, the appeal of the revenue stands

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaassessment Year: 2009-10 Asstt. Commissioner Of Income Tax, Vs M/S Adm Agro Industries Circle 1(2), New Delhi. Dharwad Pvt. Ltd., (Previously Known As Tinna Agro Industries Ltd.), B-1, Khaitan House, Defence Colony, New Delhi-110065 (Appellant) (Respondent) Department By: Shri Sridhar Dora, Sr. Dr Assessee By: Shri Salil Kapoor, Advocate Ms Ananya Kapoor, Advocate Date Of Hearing: 15.11.2018 Date Of Pronouncement: 28.01.2019

depreciation of KNG was brought forward/carried forward and set off by the assessee company in view of the provisions of Section 72A

DCIT, CIRCLE-II(I) vs. I.F.C.I. LTD.,,

In the result ITA number 2205/Del/2005 filed by the learned assessing officer is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

72A only specified businesses – manufacturing or processing of goods, software, telecommunication services etc. are covered. It is noteworthy that service industry is also included in the definition. Eligible business under Section 80-IA includes infrastructure undertakings and undertaking in Section 80-IC is defined to include eco-tourism and call centres. Thus, the adoption Page

IFCI LTD. vs. ADDL. CIT, CIRCLE-11(1),,

In the result ITA number 2205/Del/2005 filed by the learned assessing officer is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

72A only specified businesses – manufacturing or processing of goods, software, telecommunication services etc. are covered. It is noteworthy that service industry is also included in the definition. Eligible business under Section 80-IA includes infrastructure undertakings and undertaking in Section 80-IC is defined to include eco-tourism and call centres. Thus, the adoption Page

DALMIA CEMENT (BHARAT) LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 26, NEW DELHI

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2013-14] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue Cross Objection No.63/Chny/2018 (Arising Out Of Ita No.3157/Chny2017) [Assessment Year: 2013-14] M/S Dalmia Cement Bharat Ltd. The Assistant Commissioner Of Dalmiapuram, Income Tax, Circle-1, Tamilnadu-621651 Vs Williams Road, Cantonment, Trichy, Tamil Nadu-620001 Pan- Aadca9414C Assessee Revenue [Assessment Year: 2014-15] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue

72A,72AB and 72AA deal with the exceptions. In respect of carry forward of loss and set off in the cases of amalgamation or demerger etc. Sec.72A is attracted. In this section for the definition ITA Nos. 5416 & 5417/Del/2017 along with other cases Accumulated Loss, the loss under the Profits and Gains of Business or Profession(Not being a loss

DALMIA CEMENT (BHARAT) LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 26, NEW DELHI

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2013-14] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue Cross Objection No.63/Chny/2018 (Arising Out Of Ita No.3157/Chny2017) [Assessment Year: 2013-14] M/S Dalmia Cement Bharat Ltd. The Assistant Commissioner Of Dalmiapuram, Income Tax, Circle-1, Tamilnadu-621651 Vs Williams Road, Cantonment, Trichy, Tamil Nadu-620001 Pan- Aadca9414C Assessee Revenue [Assessment Year: 2014-15] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue

72A,72AB and 72AA deal with the exceptions. In respect of carry forward of loss and set off in the cases of amalgamation or demerger etc. Sec.72A is attracted. In this section for the definition ITA Nos. 5416 & 5417/Del/2017 along with other cases Accumulated Loss, the loss under the Profits and Gains of Business or Profession(Not being a loss

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(2), DELHI, I.P.ESTATE vs. BUREAU VERITAS CONSUMER PRODUCTS SERVICES(INDIA) PVT. LTD., LAJPAT NAGAR

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2013-14] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue Cross Objection No.63/Chny/2018 (Arising Out Of Ita No.3157/Chny2017) [Assessment Year: 2013-14] M/S Dalmia Cement Bharat Ltd. The Assistant Commissioner Of Dalmiapuram, Income Tax, Circle-1, Tamilnadu-621651 Vs Williams Road, Cantonment, Trichy, Tamil Nadu-620001 Pan- Aadca9414C Assessee Revenue [Assessment Year: 2014-15] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue

72A,72AB and 72AA deal with the exceptions. In respect of carry forward of loss and set off in the cases of amalgamation or demerger etc. Sec.72A is attracted. In this section for the definition ITA Nos. 5416 & 5417/Del/2017 along with other cases Accumulated Loss, the loss under the Profits and Gains of Business or Profession(Not being a loss

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(2), NEW DELHI, I.P.ESTATE, NEW DELHI vs. BEACON HIGHER EDUCATION SERVICES PRIVATE LIMITED, VASANT KUNJ, NEW DELHI

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

Bench: Shri Vimal Kumar, Hon’Ble & Mrs. Renu Jauhri, Hon’Ble

section 72A is not applicable to assessee during the AY 2016-17. 5. The Ld. CIT (A) has grossly erred to accept the order of AY 2012-13, passed by his predecessor on the same issue allowing depreciation