PETRONET LNG LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

section 801A of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case, the Id CIT(A) has erred in law in deleting the disallowance of Rs. 469.01 lakhs under Rule 8D(2)(ii) by ignoring the mandatory provisions of Rule 8D w.r.s. 14A of the Income

DCIT, NEW DELHI vs. M/S. PETRONET LNG LTD., NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

section 801A of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case, the Id CIT(A) has erred in law in deleting the disallowance of Rs. 469.01 lakhs under Rule 8D(2)(ii) by ignoring the mandatory provisions of Rule 8D w.r.s. 14A of the Income

PETRONET LNG LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

section 801A of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case, the Id CIT(A) has erred in law in deleting the disallowance of Rs. 469.01 lakhs under Rule 8D(2)(ii) by ignoring the mandatory provisions of Rule 8D w.r.s. 14A of the Income

DCIT, NEW DELHI vs. M/S. PETRONET LNG LTD., NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

section 801A of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case, the Id CIT(A) has erred in law in deleting the disallowance of Rs. 469.01 lakhs under Rule 8D(2)(ii) by ignoring the mandatory provisions of Rule 8D w.r.s. 14A of the Income

PETRONET LNG LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

section 801A of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case, the Id CIT(A) has erred in law in deleting the disallowance of Rs. 469.01 lakhs under Rule 8D(2)(ii) by ignoring the mandatory provisions of Rule 8D w.r.s. 14A of the Income

DCIT, FARIDABAD vs. M/S. NHPC LTD., FARIDABAD

In the result, the appeal of the Revenue is dismissed and that of the assessee is allowed

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 3650/Del/2015 : Asstt. Year : 2010-11 Dy. Commissioner Of Income Vs M/S Nhpc Ltd., Tax, Circle-Ii, Nhpc Complex, Sector-33, Faridabad Faridabad (Appellant) (Respondent) Pan No. Aaacn0149C Ita No. 3738/Del/2015 : Asstt. Year : 2010-11 M/S Nhpc Ltd., Vs Asstt. Commissioner Of Income Nhpc Complex, 4Th Floor, Tax, Circle-Ii, Finance Div, Sector-33, Faridabad Faridabad-121003 (Appellant) (Respondent) Pan No. Aaacn0149C Assessee By : Sh. Ved Jain, Adv. & Sh. Himanshu Aggarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing : 06.05.2019 Date Of Pronouncement : 08.05.2019 Order Per N. S. Saini:

depreciation on land is neither prescribed under the Income Tax Act nor in the Companies Act, 1956 and hence, the accounts of the company were not in accordance with the provision of part II and In of schedule VI of the Companies Act. The appellant, on the other hand, has contended that amortization of lease hold land has been made

NHPC LTD.,FARIDABAD vs. ACIT, FARIDABAD

In the result, the appeal of the Revenue is dismissed and that of the assessee is allowed

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 3650/Del/2015 : Asstt. Year : 2010-11 Dy. Commissioner Of Income Vs M/S Nhpc Ltd., Tax, Circle-Ii, Nhpc Complex, Sector-33, Faridabad Faridabad (Appellant) (Respondent) Pan No. Aaacn0149C Ita No. 3738/Del/2015 : Asstt. Year : 2010-11 M/S Nhpc Ltd., Vs Asstt. Commissioner Of Income Nhpc Complex, 4Th Floor, Tax, Circle-Ii, Finance Div, Sector-33, Faridabad Faridabad-121003 (Appellant) (Respondent) Pan No. Aaacn0149C Assessee By : Sh. Ved Jain, Adv. & Sh. Himanshu Aggarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing : 06.05.2019 Date Of Pronouncement : 08.05.2019 Order Per N. S. Saini:

depreciation on land is neither prescribed under the Income Tax Act nor in the Companies Act, 1956 and hence, the accounts of the company were not in accordance with the provision of part II and In of schedule VI of the Companies Act. The appellant, on the other hand, has contended that amortization of lease hold land has been made

DCIT CENTRAL CIRCLE-17, NEW DELHI vs. AL AMMAR FROZEN FOODS EXPORTS PVT. LTD, NEW DELHI

In the result, appeal of the Revenue is dismissed and cross\nobjection filed by the assessee is dismissed as infructuous

depreciation. It is\npertinent to note that the aforementioned revised returns were\nfiled within the extended timeline provided by CBDT Circular dated\n30.09.2020, which allowed filing of revised returns for AY 2019-20\nup to 30.11.2020 under Section 139(5) of the Act.\n\n3.\nOn 26.11.2020, the CPC issued an intimation under Section\n143(1) of the Act proposing

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

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

Section 115JB of the Income Tax Act, 1961. In the present Assessment Year also the facts are similar and are squarely covered with the decision of the Tribunal for A.Ys. 2010-11, 2011-12, 2012-13 and 2013-14. Hence Ground Nos. 15 to 14.3 are allowed. 24. As regards Ground No. 16 to 16.2 is relating to Disallowance

NHPC LTD,FARIDABAD vs. ACIT,CIRCLE-II, , FARIDABAD

Appeal of the assessee is allowed

Bench: SHRI SHAMIM YAHYA (Accountant Member), MS. ASTHA CHANDRA (Judicial Member)

depreciation was prescribed either in the companies act or in the Income Tax Act, 1961 (for short "the Act") in respect of land, and the claim of the assessee is not in accordance with law and therefore it is liable to be disallowed. Ld. CIT(A) deleted the same by relying upon his own orders for the Assessment Years

ACIT , CIRCLE-2, FARIDABAD vs. NHPC LTD., FARIDABAD

Appeal of the assessee is allowed

Bench: SHRI SHAMIM YAHYA (Accountant Member), MS. ASTHA CHANDRA (Judicial Member)

depreciation was prescribed either in the companies act or in the Income Tax Act, 1961 (for short "the Act") in respect of land, and the claim of the assessee is not in accordance with law and therefore it is liable to be disallowed. Ld. CIT(A) deleted the same by relying upon his own orders for the Assessment Years

DCIT, FARIDABAD vs. M/S. NHPC LTD., FARIDABAD

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

Bench: Sh. Anil Chaturvedi & Sh. Sudhanshu Srivastava(Through Video Conferencing) Assessment Year: 2013-14 Dy. Cit, Vs. M/S. Nhpc Ltd., Circle-Ii, Faridabad. Nhpc Comples, Sector-33, Faridabad. Pan No. Aaacn 0149 C (Appellant) (Respondent) Assessment Year: 2013-14 Sr. Manager(Fin)- Tax, Vs. Acit Nhpc Ltd., Circle – Ii, Nhpc Office Comples, Faridabad 4Th Floor, Finance Division Sector – 33, Faridabad-121003 (Appellant) (Respondent) Appellant By Shri Pramita M. Biswas, Cit-Dr Respondent By Shri Ved Jain, Adv. Shri Ashish Goel, C.A. Date Of Hearing: 08/02/2021 Date Of Pronouncement: 17/02/2021 Order Per Anil Chaturvedi, Am: These Cross Appeals Filed By The Revenue & Assessee Are Directed Against The Order Of The Commissioner Of Income Tax (A)-

depreciation is provided in schedule XIV of Companies Act?” 6. We first proceed to decide the assessee’s appeal in ITA No.5106/Del/2016. 7. First ground is general in nature therefore, requires no adjudication. 8. Ground No.2 is with respect to the non allowance of deduction u/s 80-IA of the Act. 9. During the course of assessment proceedings, AO noticed

SR. MANAGER(FIN)--TAX, NHPC LTD.,,FARIDABAD vs. ACIT, FARIDABAD

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

Bench: Sh. Anil Chaturvedi & Sh. Sudhanshu Srivastava(Through Video Conferencing) Assessment Year: 2013-14 Dy. Cit, Vs. M/S. Nhpc Ltd., Circle-Ii, Faridabad. Nhpc Comples, Sector-33, Faridabad. Pan No. Aaacn 0149 C (Appellant) (Respondent) Assessment Year: 2013-14 Sr. Manager(Fin)- Tax, Vs. Acit Nhpc Ltd., Circle – Ii, Nhpc Office Comples, Faridabad 4Th Floor, Finance Division Sector – 33, Faridabad-121003 (Appellant) (Respondent) Appellant By Shri Pramita M. Biswas, Cit-Dr Respondent By Shri Ved Jain, Adv. Shri Ashish Goel, C.A. Date Of Hearing: 08/02/2021 Date Of Pronouncement: 17/02/2021 Order Per Anil Chaturvedi, Am: These Cross Appeals Filed By The Revenue & Assessee Are Directed Against The Order Of The Commissioner Of Income Tax (A)-

depreciation is provided in schedule XIV of Companies Act?” 6. We first proceed to decide the assessee’s appeal in ITA No.5106/Del/2016. 7. First ground is general in nature therefore, requires no adjudication. 8. Ground No.2 is with respect to the non allowance of deduction u/s 80-IA of the Act. 9. During the course of assessment proceedings, AO noticed

M/S NHPC LTD.,,FARIDABAD vs. ADDL. CIT, NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singh

depreciation is provided in Schedule XIV of the Companies Act. 6. Assessee carried the matter by way of an appeal before the ld. CIT (A) who has partly allowed the appeal. Feeling aggrieved, the assessee as well as the Revenue have come up before the Tribunal by way of filing the present cross appeals. 7. We have heard

DCIT, FARIDABAD vs. M/S. NHPC LTD., FARIDABAD

Bench: Shri R.K. Panda & Shri Kuldip Singh

depreciation is provided in Schedule XIV of the Companies Act. 6. Assessee carried the matter by way of an appeal before the ld. CIT (A) who has partly allowed the appeal. Feeling aggrieved, the assessee as well as the Revenue have come up before the Tribunal by way of filing the present cross appeals. 7. We have heard

DCIT (LTU), NEW DELHI vs. M/S. GAIL (INDIA) LTD., NEW DELHI

In the result the appeal filed by the revenue is dismissed and the appeal filed by the assessee is allowed

Bench: Shri N.K. Billaiya & Ms. Madhumita Royasstt. Year 1997-98

801A of the Act on lean gas at the stage of customer terminals. Ground No. 1 and 2 are accordingly allowed. 7 and ITA No. 5091/Del/2014 10. Facts relating to ground No. 3 and 4 are that the assessee has shown interest income of Rs. 14260.93 lacs which comprised of the following :- (a) Interest on fixed deposits, bonds and inter

M/S. GAIL (INDIA) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result the appeal filed by the revenue is dismissed and the appeal filed by the assessee is allowed

Bench: Shri N.K. Billaiya & Ms. Madhumita Royasstt. Year 1997-98

801A of the Act on lean gas at the stage of customer terminals. Ground No. 1 and 2 are accordingly allowed. 7 and ITA No. 5091/Del/2014 10. Facts relating to ground No. 3 and 4 are that the assessee has shown interest income of Rs. 14260.93 lacs which comprised of the following :- (a) Interest on fixed deposits, bonds and inter

DCIT, CIRCLE-24(2), NEW DELHI vs. STERLING AGRO INDS. LTD, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Shamim Yahya & Shri C.M. Gargassessment Year: 2016-17 Dcit, Vs. Sterling Agro Inds. Ltd., 11Th Floor, Circle-24(2), New Delhi. Agarwal Cyber Plaza-Ii, Netaji Subhash Place, New Delhi. Pan: Aaacs2278R (Appellant) (Respondent) Assessee By : Shri Amit Sharma, Advocate Revenue By : Shri Sanjay Kumar, Cit-Dr Date Of Hearing : 05.07.2022 Date Of Pronouncement : 22.07.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld.Cit(A)-8, New Delhi, Dated 27.11.2019, Relating To Assessment Year 2016.- 17. 2. The Sole Ground Of Appeal Raised By The Revenue In This Appeal Reads As Follows:- “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Erred In Deleting The Addition Made By The Ao On Account Of Disallowance Of Deduction U/S 80Ia Of The Income-Tax Act, 1961 Amounting To Rs.12,63,07,697/-.”

depreciation u/s 80IA of the Act to the assessee. 4. Replying to the above, the ld. Counsel of the assessee, supporting the first appellate order, submitted that the ld.CIT(A), after considering all the relevant facts and circumstances of the issue, the stand taken by the AO and under the provisions of section 80IA of the Act, rightly held that

M/S. A.T. KEARNEY INDIA PRIVATE LIMITED,GURGAON vs. ITO, NEW DELHI

In the result the ground No

Bench: Smt Diva Singh & Shri Prashant Maharishiat Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent) At Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent)

801A(10) of the Act. 2.4. Based on the facts and the circumstances of the case and in law, the Hon'ble CIT (A) has erred in not appreciating the various judicial precedents relied upon by the appellant in this regard. 2.5. Without prejudice to Grounds 2.1 to 2.4 above, based on the facts and circumstances of the case