CIT vs. TEI TECHNOLOGIES PVT LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

depreciation, etc. The mandate of these sub-sections is that all such allowances and reliefs would be deemed to have been exhausted during the tax holiday period itself and no part thereof would survive for consideration after the tax holiday period. The amendment made by the Finance Act, 2003 to sub-section (6) with retrospective effect from 01.04.2001 made

CIT vs. TEI TECHNOLOGIES PVT LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

depreciation, etc. The mandate of these sub-sections is that all such allowances and reliefs would be deemed to have been exhausted during the tax holiday period itself and no part thereof would survive for consideration after the tax holiday period. The amendment made by the Finance Act, 2003 to sub-section (6) with retrospective effect from 01.04.2001 made

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

EFACEC SWITCHGEAR INDIA PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 8(1), NEW DELHI

The appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N. K. Saini & Ms Suchitra Kambleefacec Switchgear India Pvt. Ltd. Vs Dcit 4Th Floor, Rectangle-1, Commercial Circle-8(1) Complex, D-4, District Centre, Saket, C. R. Building, I. P. Estate, New Delhi Aacce0747K New Delhi (Appelant) (Respondent)

section 32(l)(iia) of the Income-tax Act. The details of fixed assets including plant and machinery were submitted to the Assessing Officer as well as before the DRP. But both the authorities failed to examine this issue properly without taking into consideration the provisions of the Income Tax Act, 1961. Therefore, this issue is remanded back

DCIT, NEW DELHI vs. M/S G4S SECURITIES SERVICES (INDIA) PVT. LTD, NEW DELHI

Bench: Shri R. S. Syal & Shri Kuldip Singhi.T.A. Nos.321, 3979 & 5351/Del/2009 (Assessment Years 2004-05, 2005-06 & 2006-07) Dcit, Circle 12(1), Vs. M/S. G4S Security Services New Delhi (India) Pvt. Ltd., Formerly Group 4 Securities Guarding Pvt. Ltd., Plot No.1 & 2, Lsc Vasant Kunj, New Delhi 110 070 Gir / Pan :Aaacg1625Q

section 928(2) of the Income Tax Act 1961. 3. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs.4,19,499/- made by the AO on account of depreciation

DCIT, NEW DELHI vs. M/S. G4S SECURITY SERVICES (INDIA) PVT. LTD, GURGAON

Bench: Shri R. S. Syal & Shri Kuldip Singhi.T.A. Nos.321, 3979 & 5351/Del/2009 (Assessment Years 2004-05, 2005-06 & 2006-07) Dcit, Circle 12(1), Vs. M/S. G4S Security Services New Delhi (India) Pvt. Ltd., Formerly Group 4 Securities Guarding Pvt. Ltd., Plot No.1 & 2, Lsc Vasant Kunj, New Delhi 110 070 Gir / Pan :Aaacg1625Q

section 928(2) of the Income Tax Act 1961. 3. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs.4,19,499/- made by the AO on account of depreciation

L&T SUCG JV CC27,NEW DELHI vs. ADDL.CIT, RANGE-62, NEW DELHI

In the result, appeal of the Department is dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

depreciation calculated under Income Tax Rules, 1962. The appellant respectfully prays that the directions of the CIT (A) to the AO be quashed and AO be directed to allow deduction of Rs.4,90,78,282/- on account of amortization expenses. 7 ITA.No.4351 & 4457/Del./2018 L & T SUCG JV CC 27, New Delhi. GROUND- 9 Addition on account of Foreign

DCIT, CIRCLE- 62(1), NEW DELHI vs. L&T SUCG JV CC27, NEW DELHI

In the result, appeal of the Department is dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

depreciation calculated under Income Tax Rules, 1962. The appellant respectfully prays that the directions of the CIT (A) to the AO be quashed and AO be directed to allow deduction of Rs.4,90,78,282/- on account of amortization expenses. 7 ITA.No.4351 & 4457/Del./2018 L & T SUCG JV CC 27, New Delhi. GROUND- 9 Addition on account of Foreign

ACIT CIRCLE-15(1), NEW DELHI vs. LTC COMMERCIAL COMPANY PVT LTD, NEW DELHI

In the result appeal of the Revenue is dismissed

Bench: Shri N.K. Billaiya & Shri Amit Shuklaasstt. Year: 2014-15

depreciation as per I T Act, the ‘Income from Business’ has been worked out at Rs. 7,54,53,146/- out of which an amount of Rs 6,40,43,928/- has been claimed as deduction under section

NOKIA INDIA PVT. LTD.,,GURGAON vs. ADDL.CIT, SPECIAL RANGE-6, NEW DELHI

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

Bench: Shri R.K.Panda & Shri Kul Bharat

928 of the Act. 5.3. The Ld. TPO/Ld. Assessing Officer/Hon'ble DRP have erred in presuming the existence of an agreement between the appellant and its Associated Enterprise ("AE"), Nokia Corp, in respect of AMP expenditure incurred by the appellant. 5.4. The Ld. TPO/ Ld. AO/Hon'ble DRP have erred on facts and in law in re-characterizing

DAWAT FOODS LTD.,GURGAON vs. ACIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed as indicated above and the appeal of the Revenue is dismissed

Bench: Shri G. S. Pannua N D Shri Challa Nagendra Prasad

928 of the Act of the expression "receivables" does not mean that de hors the context every item of "receivables" appearing in the accounts of an entity, which may have dealings with foreign AEs would automatically be characterised as an international transaction. There may be a delay in collection of monies for supplies made, even beyond the agreed limit

JCIT, NEW DELHI vs. M/S. DAAWAT FOODS LTD., NEW DELHI

In the result, the appeal of the assessee is partly allowed as indicated above and the appeal of the Revenue is dismissed

Bench: Shri G. S. Pannua N D Shri Challa Nagendra Prasad

928 of the Act of the expression "receivables" does not mean that de hors the context every item of "receivables" appearing in the accounts of an entity, which may have dealings with foreign AEs would automatically be characterised as an international transaction. There may be a delay in collection of monies for supplies made, even beyond the agreed limit

PRINCIPAL COMMISSIONER OF INCOME TAX DELHI -4 vs. NESTLE INDIA LTD

depreciation on account of energy saving and pollution control devices? 3. Mr Maratha does not dispute that the first issue is covered by the judgment of this Court dated 11.05.2011, rendered in ITA 662/2005, titled Commissioner of Income Tax vs. M/s Nestle India Ltd.. 4. Likewise, insofar as the second issue is concerned, Mr Maratha also concedes that this

SH. SHIV PUJAN SINGH,NEW DELHI vs. ACIT, FARIDABAD

In the result the ground No

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

928/- on depreciation on car and telephone expenses. Page 2 of 5 5. That having regard to the facts and circumstances of the case, Ld. CIT (A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned assessment order without giving adequate opportunity of being heard 6. That in any case

M/S. CHUNNU INTERNATIONAL,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is dismissed

Bench: Sh. C.M. Garg & Sh. O.P. Kantassessment Year: 2004-05 Chunnu International Vs. Acit, Circle-22(1), M-4, Green Park Main, New Delhi New Delhi (Pan: Aacfc1559L) (Appellant) (Respondent) Appellant By : Sh. N.L. Anand, Adv. Respondent By : Sh. Gaurav Dudeja, Sr.Dr Date Of Hearing: 10.11.2015 Date Of Pronouncement: 16.12.2015 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income Tax(Appeals)-Ix, New Delhi, For Assessment Year 2004-05 Raising Following Grounds Of Appeal: I. That The Learned Commissioner Of Income Tax Legally Erred The Dismissing The Appeal Of Appellant Thereby Upholding The Addition Of Rs. 10,63,563/-. Ii. That The Learned Commissioner Of Income Tax Legally Erred In Not Taking Its Consideration The Affidavit Of The Appellant’S Authorized Representative, Shri Pradeep Goel Who Appeared In Person Also Before The Commissioner Of Income Tax(Appeals)-Ix Alongwith The Said Advocate & Deposed His Submissions. Iii. That The Learned Commissioner Of Income Tax(Appeals) Legally Erred In Not Considering The Affidavit Filed By The Chartered Accountant Regarding Non-Filing Of Details Of Expenses Alongwith The Covering Letter In Respect Of Additions Made By The Learned Income Tax Officer. The Case In Hand Was 2 Remanded By The Hon’Ble Itat Vide Order Dated 9-8-2009, In Appeal No.

928/- on 01.11.2004. The case was selected for scrutiny. In the scrutiny assessment completed u/s 143(3) of the Income-tax Act (in short “the Act”), the learned Assessing Officer, alongwith other additions/allowances, made following disallowances/additions: 3 i. Disallowance of 13,000/- out of Rs. 32,500/- claimed in profit and loss account as software expenses holding the same

GAP INTERNATIONAL SOURCING (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri S. V. Mehrotra & Shri A.T. Varkey

Depreciation 25,928,892 Total Cost (TC) 513,974,621 Operating Profit (OP) 86,974,621 OP/TC 15.36% As mentioned in the TP Report the search for comparables was undertaken, assuming that GAP India acts as a marketing support / low end technical support services of merchandise for GAP Group. Following set of comparables was selected in the TP Report

PARAS BUILDTECH INDIA PRIVATE LIMITED vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms

depreciation and under Section 14A of the Act. The income of the Assessee was determined at Rs.2,28,68,559/- as against the declared income of Rs.57,75,159/-. 9. Aggrieved by the order dated 28th December, 2007 passed by the AO, the Assessee file an Appeal before the Commissioner of Income Tax (Appeals) [CIT (A)]. By the order dated

PARAS BUILDTECH INDIA PRIVATE LIMITED vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms

depreciation and under Section 14A of the Act. The income of the Assessee was determined at Rs.2,28,68,559/- as against the declared income of Rs.57,75,159/-. 9. Aggrieved by the order dated 28th December, 2007 passed by the AO, the Assessee file an Appeal before the Commissioner of Income Tax (Appeals) [CIT (A)]. By the order dated

DCIT CENTRAL CIRCLE, KARNAL vs. RELIABLE REALTECH PVT LTD, BHIWANI

In the result, appeal of the Revenue is dismissed

Bench: Shri M Balaganesh & Ms. Astha Chandraasstt. Year: 2014-15 Dcit, Central Circle, Vs. Reliable Realtech Pvt. Ltd. Ayakar Bhawan, C/O Nk Jain Adv. Sec-12, Karnal, Naya Bazar, Bhiwani Haryana Pin 132001 Haryana Pin 127021 Pan Aadcr4203L (Appellant) (Respondent)

depreciation and under Section 14A of the Act. The income of the Assessee was determined at Rs. 2,28,68,559/- as against the declared income of Rs. 57,75,159/-. .... 16. At the outset, it is required to be noticed that the ITAT has in the impugned order dated 17th February, 2015 in ITA No. 4316/Del/2010 upheld the finding