COMMISSIONER OF INCOME TAX

depreciation and unabsorbed development rebate while computing the total income on the basis that the total income spoken of by sub-section (1) means commercial profits.” 27. It was accordingly observed that on proper construction of Section 80E(1) full effect has to be give to the word „such profits‟ and this was not possible without computing the income

CIT vs. KRIBHCO

depreciation and unabsorbed development rebate while computing the total income on the basis that the total income spoken of by sub-section (1) means commercial profits.” 27. It was accordingly observed that on proper construction of Section 80E(1) full effect has to be give to the word „such profits‟ and this was not possible without computing the income

CIT vs. TEI TECHNOLOGIES PVT LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

depreciation and losses of the unit, the income from which was not eligible for deduction under Section 10A cannot be set off against the current profit of the eligible unit for computing the deduction under Section 10A. Referring to its earlier judgment in the case of Hindustan Unilever Ltd. (supra) it was held as under: - “2. Section

CIT vs. TEI TECHNOLOGIES PVT LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

depreciation and losses of the unit, the income from which was not eligible for deduction under Section 10A cannot be set off against the current profit of the eligible unit for computing the deduction under Section 10A. Referring to its earlier judgment in the case of Hindustan Unilever Ltd. (supra) it was held as under: - “2. Section

C & S ELECTRIC LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the revenue's appeal stands dismissed as above

80C unit.\n3. On the facts and in the circumstances of the case and in law Ld. CIT(A)\nhas erred in directing the Assessing Officer not to allocate expenses\namounting to Rs.66,57,651/- on depreciation as applied for allocating\nthe expenses of salaries of CMD/MD, interest expenses pertaining to car\nloan of CMD/MD u/s 80IC

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

Depreciation Less : Other Business Expenditure - Marketing 9,26,78,290 Service Charges - Land Lease 7,36,63,588 713,19,78,691 Rent Income from business -130,43,39,196 Gross total income After set-off with business loss NIL Less : Deduction u/s 341,06,90,452 80IAB as claimed in 8 ITA Nos.8524 to 8526/Del./2019 ITR restricted

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

Depreciation Less : Other Business Expenditure - Marketing 9,26,78,290 Service Charges - Land Lease 7,36,63,588 713,19,78,691 Rent Income from business -130,43,39,196 Gross total income After set-off with business loss NIL Less : Deduction u/s 341,06,90,452 80IAB as claimed in 8 ITA Nos.8524 to 8526/Del./2019 ITR restricted

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

Depreciation Less : Other Business Expenditure - Marketing 9,26,78,290 Service Charges - Land Lease 7,36,63,588 713,19,78,691 Rent Income from business -130,43,39,196 Gross total income After set-off with business loss NIL Less : Deduction u/s 341,06,90,452 80IAB as claimed in 8 ITA Nos.8524 to 8526/Del./2019 ITR restricted

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. C & S ELECTRIC LTD., NEW DELHI

In the result, the revenue's appeal stands dismissed as above

80C unit.\n3. On the facts and in the circumstances of the case and in law Ld. CIT(A)\nhas erred in directing the Assessing Officer not to allocate expenses\namounting to Rs.66,57,651/- on depreciation as applied for allocating\nthe expenses of salaries of CMD/MD, interest expenses pertaining to car\nloan of CMD/MD u/s 80IC

TARUN GOYAL,DELHI vs. ITO, WARD- 35(5), NEW DELHI

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

Bench: Shri Anil Chaturvedi & Ms. Astha Chandraasstt. Year: 2012-13 Tarun Goyal Vs. Ito, Ward-35(5) 1091, Shiv Motor Market, New Delhi. Kashmere Gate, Delhi – 110 006 Pan Amzpg2141B (Appellant) (Respondent) Assessee By: None Department By : Shri Amit Shukla, Sr. Dr Date Of Hearing 06.04.2023 Date Of Pronouncement 11.04.2023 O R D E R Per Astha Chandra, Jm

section 80C of the Act. ii. Rs. 1,03,773/- on account of claim of depreciation. iii. Rs. 28,54,540/- on account

RANBAXY LABORATORIES LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, we direct the AO to reduce the book profit u/s 115JB of the Act by the amount of reversal of the provision of Rs

Bench: Sh. I. C.Sudhir Judicialmember & Sh. Prashant Maharishia.Y.: - 2008-09 Ranbaxy Laboratories Ltd. Vs Acit 12Th Floor, Devika Tower, Range -15 6, Nehru Place New Delhi New Delhi Pan No. Aaacr0127N (Appellant) (Respondent)

Section (2) to Section 14A of the Act and sub Rule (1) to Rule 8D of the Rules. 14. The view and legal ratio expressed above is not being elucidated for the first time. The Delhi High Court in Maxopp Investment Ltd. v. CIT [2012] 347 ITR 272/203 Taxman 364/15 taxmann.com 390 has observed:- 'Scope of sub-sections

DCIT, NAJIBABAD vs. DR. SIRISH KUMAR, BIJNOR

In the result, the appeal of the Revenue is allowed partly for statistical purposes and the cross objection of the assessee is dismissed

Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2011-12 Dcit, Vs. Sh. Sirish Kumar, Circle – Najibabad, Prop. Shree Hospital, Kiratpur Najibabad Road, Bijnor. Pan :Apjpk1955N (Appellant) (Respondent) & C.O. No.65/Del/2016 [In Ita No.4578/Del/2015] Assessment Year: 2011-12 Sh. Sirish Kumar, Vs. Dcit, Prop. Shree Hospital, Circle – Najibabad, Kiratpur Road, Bijnor. Najibabad Pan :Apjpk1955N (Appellant) (Respondent) Department By Sh. Ravi Kant Gupta, Sr.Dr Assessee By Sh. Paramjeet Singh, Ca

depreciation of Rs 38,610/-, Staff salary expenses of Rs 3,18,150/-, CT Scan expenses of Rs 78,016/-, Ultra sound & X-ray consumable of Rs 1,44,975/-, Washing expenses , Pathology expenses and Motor Cycle expenses of Rs 1,08,263/-, Staff welfare expenses of Rs 7,286/-, Mobile & telephone expenses of Rs 7,415/-, Generator expenses

KRISHAK BHARATI COOPERATIVE LTD.,,NEW DELHI vs. ACIT, CIRCLE- 29(1), NEW DELHI

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

Bench: Shri N.K. Billaiya & Shri N.K. Choudhryassessment Year: 2015-16

depreciation is to be considered u/s 32. It is obvious from the nature of these expenses that they provide the assessee enduring benefits spread over several decades. Making the part of the payment annually does not change the nature of the expenditure. The assessee's claim is accordingly rejected [3] u/s 37 of the income tax, Act 1961 which prohibits

ACIT, NEW DELHI vs. SHRI RAMIT VOHRA, NEW DELHI

In the result, the appeal is partly allowed for statistical purposes

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

depreciation : Rs. 4,83,994 iv. Add: Interest Payment disallowed : Rs. 1,20,213 v. Add: Personal expenses : Rs. 18,482 1,52,50,621 3. INCOME FROM OTHER SOURCES i. As per the return : NIL ii. Unexplained Sundry Creditor : Rs. 54,29,787 ii. Unexplained in capital : Rs. 44,32,000 iv. Unexplained investment in fixed assets

C & S ELECTRIC LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the revenue's appeal stands dismissed as above

80C unit.\n3. On the facts and in the circumstances of the case and in law Ld. CIT(A)\nhas erred in directing the Assessing Officer not to allocate expenses\namounting to Rs.66,57,651/- on depreciation as applied for allocating\nthe expenses of salaries of CMD/MD, interest expenses pertaining to car\nloan of CMD/MD u/s 80IC

ACIT, CIRCLE- 1, LTU, NEW DELHI vs. C&S ELECTRIC LTD., NEW DELHI

In the result, the revenue’s appeal stands dismissed as above

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No. 2622/Del/2018, A.Y. 2013-14 Ita No. 2623/Del/2018, A.Y. 2014-15 Ita No. 7981/Del/2018, A.Y. 2015-16 C & S Electric Limited Deputy Commissioner Of 222, Okhla Industrial Estate Income Tax, Phase-Iii, New Delhi Vs. Circle-1, Ltu, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Ita No. 2532/Del/2018, A.Y.2013-14 Ita No. 2533/Del/2018, A.Y.2014-15 Ita No. 8274/Del/2018, A.Y.2015-16 Deputy Commissioner Of C & S Electric Limited Income Tax, (Formerly Controls & Circle-1, Ltu, Vs. Switchgear Co. Ltd.) New Delhi 222, Okhla Industrial Estate, Phase-Iii, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Appellant By Sh. Anil Bhalla, Ca Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 30/06/2025 Order Per Bench Cross Appeal By The Assessee & Revenue Containing Common Facts Were Heard Together Being Inter-Connected With Each Other & Are Being Disposed Off By This Common Order. Ita No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. 2. These Appeals Filed By The Assessee & Revenue Are Directed Against Orders Dated 10.01.18 & 25.09.2018 Respectively Of The Commissioner Of Income Tax (Appeals)-22, New Delhi [‘Cit(A)’].

80C unit. 3. On the facts and in the circumstances of the case and in law Ld. CIT(A) has erred in directing the Assessing Officer not to allocate expenses amounting to Rs. 66,57,651/- on depreciation as applied for allocating the expenses of salaries of CMD/MD, interest expenses pertaining to car loan of CMD/MD u/s 80IC

C & S ELECTRIC LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the revenue’s appeal stands dismissed as above

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No. 2622/Del/2018, A.Y. 2013-14 Ita No. 2623/Del/2018, A.Y. 2014-15 Ita No. 7981/Del/2018, A.Y. 2015-16 C & S Electric Limited Deputy Commissioner Of 222, Okhla Industrial Estate Income Tax, Phase-Iii, New Delhi Vs. Circle-1, Ltu, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Ita No. 2532/Del/2018, A.Y.2013-14 Ita No. 2533/Del/2018, A.Y.2014-15 Ita No. 8274/Del/2018, A.Y.2015-16 Deputy Commissioner Of C & S Electric Limited Income Tax, (Formerly Controls & Circle-1, Ltu, Vs. Switchgear Co. Ltd.) New Delhi 222, Okhla Industrial Estate, Phase-Iii, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Appellant By Sh. Anil Bhalla, Ca Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 30/06/2025 Order Per Bench Cross Appeal By The Assessee & Revenue Containing Common Facts Were Heard Together Being Inter-Connected With Each Other & Are Being Disposed Off By This Common Order. Ita No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. 2. These Appeals Filed By The Assessee & Revenue Are Directed Against Orders Dated 10.01.18 & 25.09.2018 Respectively Of The Commissioner Of Income Tax (Appeals)-22, New Delhi [‘Cit(A)’].

80C unit. 3. On the facts and in the circumstances of the case and in law Ld. CIT(A) has erred in directing the Assessing Officer not to allocate expenses amounting to Rs. 66,57,651/- on depreciation as applied for allocating the expenses of salaries of CMD/MD, interest expenses pertaining to car loan of CMD/MD u/s 80IC

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. C & S ELECTRIC LTD., NEW DELHI

In the result, the revenue’s appeal stands dismissed as above

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No. 2622/Del/2018, A.Y. 2013-14 Ita No. 2623/Del/2018, A.Y. 2014-15 Ita No. 7981/Del/2018, A.Y. 2015-16 C & S Electric Limited Deputy Commissioner Of 222, Okhla Industrial Estate Income Tax, Phase-Iii, New Delhi Vs. Circle-1, Ltu, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Ita No. 2532/Del/2018, A.Y.2013-14 Ita No. 2533/Del/2018, A.Y.2014-15 Ita No. 8274/Del/2018, A.Y.2015-16 Deputy Commissioner Of C & S Electric Limited Income Tax, (Formerly Controls & Circle-1, Ltu, Vs. Switchgear Co. Ltd.) New Delhi 222, Okhla Industrial Estate, Phase-Iii, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Appellant By Sh. Anil Bhalla, Ca Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 30/06/2025 Order Per Bench Cross Appeal By The Assessee & Revenue Containing Common Facts Were Heard Together Being Inter-Connected With Each Other & Are Being Disposed Off By This Common Order. Ita No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. 2. These Appeals Filed By The Assessee & Revenue Are Directed Against Orders Dated 10.01.18 & 25.09.2018 Respectively Of The Commissioner Of Income Tax (Appeals)-22, New Delhi [‘Cit(A)’].

80C unit. 3. On the facts and in the circumstances of the case and in law Ld. CIT(A) has erred in directing the Assessing Officer not to allocate expenses amounting to Rs. 66,57,651/- on depreciation as applied for allocating the expenses of salaries of CMD/MD, interest expenses pertaining to car loan of CMD/MD u/s 80IC

ITO WARD - 10(4), NEW DELHI vs. GHP BUILDCON PVT LTD, NEW DELHI

In the result, the revenue’s appeal stands dismissed as above

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No. 2622/Del/2018, A.Y. 2013-14 Ita No. 2623/Del/2018, A.Y. 2014-15 Ita No. 7981/Del/2018, A.Y. 2015-16 C & S Electric Limited Deputy Commissioner Of 222, Okhla Industrial Estate Income Tax, Phase-Iii, New Delhi Vs. Circle-1, Ltu, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Ita No. 2532/Del/2018, A.Y.2013-14 Ita No. 2533/Del/2018, A.Y.2014-15 Ita No. 8274/Del/2018, A.Y.2015-16 Deputy Commissioner Of C & S Electric Limited Income Tax, (Formerly Controls & Circle-1, Ltu, Vs. Switchgear Co. Ltd.) New Delhi 222, Okhla Industrial Estate, Phase-Iii, New Delhi Pan: Aaacc0909K (Appellant) (Respondent) Appellant By Sh. Anil Bhalla, Ca Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 30/06/2025 Order Per Bench Cross Appeal By The Assessee & Revenue Containing Common Facts Were Heard Together Being Inter-Connected With Each Other & Are Being Disposed Off By This Common Order. Ita No.2532, 2533 & 8274/Del/2018 C & S Electric Ltd. 2. These Appeals Filed By The Assessee & Revenue Are Directed Against Orders Dated 10.01.18 & 25.09.2018 Respectively Of The Commissioner Of Income Tax (Appeals)-22, New Delhi [‘Cit(A)’].

80C unit. 3. On the facts and in the circumstances of the case and in law Ld. CIT(A) has erred in directing the Assessing Officer not to allocate expenses amounting to Rs. 66,57,651/- on depreciation as applied for allocating the expenses of salaries of CMD/MD, interest expenses pertaining to car loan of CMD/MD u/s 80IC