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

Section 72A and thus effectively allowed benefit of brought forward losses and unabsorbed depreciation to the Assessee company as well as to M/s Gingersoft Media Pvt. Ltd. (transferor company) as it retained brought forward losses and unabsorbed depreciation. 8. On the contrary, learned Authorized Representative Shri. Ajay Vohra, Ld. Sr. Advocate, drew our attention to the composite order dated

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

Section 72A and thus effectively allowed benefit of brought forward losses and unabsorbed depreciation to the Assessee company as well as to M/s Gingersoft Media Pvt. Ltd. (transferor company) as it retained brought forward losses and unabsorbed depreciation. 8. On the contrary, learned Authorized Representative Shri. Ajay Vohra, Ld. Sr. Advocate, drew our attention to the composite order dated

ACIT CIRCLE 25-(1), DELHI vs. VALUE FIRST DIGITAL MEDIA PVT. LTD. , GURGAON HARYANA

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

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

Section 72A and thus effectively allowed benefit of brought forward losses and unabsorbed depreciation to the Assessee company as well as to M/s Gingersoft Media Pvt. Ltd. (transferor company) as it retained brought forward losses and unabsorbed depreciation. 8. On the contrary, learned Authorized Representative Shri. Ajay Vohra, Ld. Sr. Advocate, drew our attention to the composite order dated

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

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

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)

2) For the purpose of sub-section (1), the total income of the company shall be computed, - (i) without any deduction under the provisions of section 10 AA or clause (iia) of sub-section (1) of section 32 or section 32AD or section 33AB or section 33ABA or sub-clause (ii) or sub-clause (iia) or sub-clause

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

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

Section 72A after taking into account the unabsorbed depreciation. Needless to say the assessee be given opportunity of hearing by following principals of natural justice. Thus, Ground Nos. 2

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 after taking into account the unabsorbed depreciation. Needless to say the assessee be given opportunity of hearing by following principals of natural justice. Thus, Ground Nos. 2

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

2) For the purposes of sub-section (1), the total income of the company shall be computed, Page 3 of 7 Co No.119/Del/2025 (i) without any deduction under the provisions of section 10AA or clause (iia) of subsection (1) of section 32 or section 32AD or section 33AB or section 33ABA or subclause (ii) or sub-clause

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

2(31) of the I.T. Act, 1961 as an assessment unit," 2.2. The assessee accepted the order of the Ld. CIT(A) and did not file further appeal. 2.3. As regards excess depreciation claimed by assessee, Assessing Officer, during the course of assessment proceedings noticed that assessee had claimed full depreciation at the applicable rates even in case

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

2 are in respect of interest on outstanding license fee and the same was allowed consistently and, therefore, there is no reason to deviate for the assessment year under consideration and make disallowance of such provision of interest on outstanding license fee. The Ld. Counsel for the assessee further stated that the AO himself while completing the assessment years

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

2 are in respect of interest on outstanding license fee and the same was allowed consistently and, therefore, there is no reason to deviate for the assessment year under consideration and make disallowance of such provision of interest on outstanding license fee. The Ld. Counsel for the assessee further stated that the AO himself while completing the assessment years

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

2 are in respect of interest on outstanding license fee and the same was allowed consistently and, therefore, there is no reason to deviate for the assessment year under consideration and make disallowance of such provision of interest on outstanding license fee. The Ld. Counsel for the assessee further stated that the AO himself while completing the assessment years

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

2 are in respect of interest on outstanding license fee and the same was allowed consistently and, therefore, there is no reason to deviate for the assessment year under consideration and make disallowance of such provision of interest on outstanding license fee. The Ld. Counsel for the assessee further stated that the AO himself while completing the assessment years

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

Section 72A of the Income Tax Act, 1961 ("the Act") provides that subject to the fulfilment of certain conditions as prescribed in subsection (2), the amalgamated company shall be allowed to carry forward and set off of accumulated losses and unabsorbed depreciation

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 on intangible asset i.e. non compete fee and acceted that referred judicial order is not applicable to the assessee. 2

BEACON HIGHER EDUCATION SERVICES PVT LTD,NEW DELHI vs. ACIT CIRCLE-4(2), 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 on intangible asset i.e. non compete fee and acceted that referred judicial order is not applicable to the assessee. 2

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