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8,635 results for “disallowance”+ Section 10(4)(ii)clear

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Key Topics

Addition to Income75Section 143(3)50Section 153C49Section 153A43Disallowance42Section 13231Section 1023Deduction22Section 14A20Section 68

DIRECTOR OF INCOME TAX (EXEMPTION) vs. AIPECCS SOCIETY

ITA/924/2009HC Delhi07 Oct 2015
For Appellant: Mr Kamal Sawhney, Senior Standing CounselFor Respondent: Mr Ajay Vohra, Senior Advocate with
Section 10Section 158BSection 260A

ii) any assets (being debentures issued by, or on behalf of, any company or corporation), acquired by the fund, trust or institution or any university or other educational institution or any hospital or other medical institution before the 1st day of March, 1983; (iii) any accretion to the shares, forming part of the corpus mentioned in sub-clause

NTT DATA GLOBAL DELIVERY SERVICES LTD.,BANGALORE vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed

ITA 5196/DEL/2014[2009-10]Status: Disposed

Showing 1–20 of 8,635 · Page 1 of 432

...
19
Section 143(2)19
Transfer Pricing17
ITAT Delhi
20 Dec 2018
AY 2009-10

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishintt Data Global Delivery Vs. Dcit, Services Ltd, Circle-13(1), No. 17, South End Road, New Delhi Bangalore Pan: Aabck7777J (Appellant) (Respondent)

For Appellant: Shri Purushottam, AdvFor Respondent: Shri Amit Katoch, CIT DR
Section 10Section 10ASection 143

disallowance of deduction under section 10 A, is required to be made on other income and miscellaneous income of the assessee. Accordingly, he held that INR 24 4340 5880/– is other income, though it can be assessed as the business income of the assessee. However same cannot be said to be the income derived from export-oriented undertaking. Therefore

DCIT, NEW DELHI vs. M/S. OMAXE BUILDHOME (P) LTD., NEW DELHI

ITA 5373/DEL/2013[2007-08]Status: DisposedITAT Delhi12 Nov 2015AY 2007-08

Bench: Shri I.C. Sudhir & Shri Laxmi Prasad Sahu Assessment Year : 2008-09 Deputy Cit, Vs. M/S. Omaxe Ltd., Central Circle-4, 7-Lsc, Omaxe House, New Delhi. Kalkaji, New Delhi. (Pan: Aaaco0171H) (Appellant) (Respondent) Assessment Year: 2008-09 M/S. Omaxe Ltd., Vs. Deputy Cit, 7-Lsc, Omaxe House, Central Circle-4, Kalkaji, New Delhi. New Delhi. (Pan: Aaaco0171H) (Appellant) (Respondent)

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri R.L. Meena, CIT(DR)
Section 10ISection 4Section 80I

disallowance of deduction u/s 80IB (10) in respect of following plotted colony termed as city :- 1 Omaxe City, Sonepat 2 Om axe City, Rohtak 3 Omaxe City. Lucknow 4. Omaxe CiIY. Jaipur 5. Omaxe Ciry, Palwal 6. Omaxe Parkwood-Il. Chakkan Baddi 7. Omaxe City-II Mangaliya. Indore 8. Omaxe City. Mayakheri, Indore 9. PDA Omaxe City, Patiala The assessing

AVAYA INDIA PRIVATE LIMITED,MUMBAI vs. ACIT, CIRCLE-1(1), DELHI

In the result, the appeal of the assessee is allowed

ITA 466/DEL/2021[2016-17]Status: DisposedITAT Delhi09 Jul 2021AY 2016-17

Bench: Sh. Kul Bharatdr. B. R. R. Kumar(Through Video Conferencing) Ita No. 466/Del/2021 : Asstt. Year : 2016-17 Avaya India Pvt. Ltd., Vs Acit, 202, Platina, 2Nd Floor, Plot No. Circle-1(1), C-59, G-Block, Bandra Kurla New Delhi Complex, Bandra(E), Mumabi, Maharashtra-400051 (Appellant) (Respondent) Pan No. Aaeca3592N Assessee By : Sh. Kamal Sawhney, Adv. Revenue By : Sh. Surender Pal, Cit Dr Date Of Hearing: 05.07.2021 Date Of Pronouncement: 09.07.2021

For Appellant: Sh. Kamal Sawhney, AdvFor Respondent: Sh. Surender Pal, CIT DR
Section 143(3)Section 144C(13)Section 92C

disallowed the ‘cess’ paid by the assessee on the ground that there has been no material change in the provisions of Section 10(4) of the old Act and Section 40(a)(ii

RAM SARAN DAS KISHORI LAL CHARITABLE TRUST,DELHI vs. CIT(EXEMPTION), DELHI

The appeal of the assessee is allowed

ITA 5290/DEL/2024[-]Status: DisposedITAT Delhi12 Nov 2025

Bench: Shri S Rifaur Rahman, Accountnat Member & Shri Anubhav Sharma[Assessment Year: -------] Ram Saran Das Kishori Lal Commissioner Of Income Tax Charitable Trust, (Exemption), Room No.24.05, E-2 Block, 24Th Floor, Civic Centre, A-27, Friends Colony East, Vs New Delhi-110001 New Delhi-110002 Pan-Aaatr0783P Appellant Respondent Appellant By Shri Ajay Vohra, Sr. Adv. & Shri Aditya Vohra, Adv. Shri Arpit Goyal, Adv. Respondent By Shri Amit Jain, Cit-Dr Date Of Hearing 09.09.2025 Date Of Pronouncement 12.11.2025

Section 127(2)Section 12ASection 2(15)

10 and 11 it was contended that provisions of section 12AB(4) of the Act, which had been introduced by Finance Act, 2022 with effect from 01.04.2022 could not be invoked for cancellation of registration with retrospective effect. Reliance was placed on CBDT Circular No.11/2022, decision in Centre for Policy Research vs PCIT: WP(C) 11270/2023, interim order dated

NIRALA DEVELOPERS PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

ITA 3155/DEL/2015[2012-13]Status: DisposedITAT Delhi16 Nov 2018AY 2012-13

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

For Appellant: Sh. Rahul Khare, Adv. &For Respondent: Sh. Manoj Kumar Chopra, Sr. DR
Section 132Section 271Section 271(1)(c)Section 271A

4 companies of the group was provided, as follows: 5. While filing the return of income on 21.03.2013 for AY 12-13, the appellant included the additional business income Rs 1,95,47,000 that was claimed as part of the surrendered income of Rs 10 crores. While passing the assessment order, the AO made additions

M/S. NIRALA HOUSING PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

ITA 3137/DEL/2015[2012-13]Status: DisposedITAT Delhi16 Nov 2018AY 2012-13

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

For Appellant: Sh. Rahul Khare, Adv. &For Respondent: Sh. Manoj Kumar Chopra, Sr. DR
Section 132Section 271Section 271(1)(c)Section 271A

4 companies of the group was provided, as follows: 5. While filing the return of income on 21.03.2013 for AY 12-13, the appellant included the additional business income Rs 1,95,47,000 that was claimed as part of the surrendered income of Rs 10 crores. While passing the assessment order, the AO made additions

M/S. NIRALA HOUSING PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

ITA 3135/DEL/2015[2011-12]Status: DisposedITAT Delhi16 Nov 2018AY 2011-12

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

For Appellant: Sh. Rahul Khare, Adv. &For Respondent: Sh. Manoj Kumar Chopra, Sr. DR
Section 132Section 271Section 271(1)(c)Section 271A

4 companies of the group was provided, as follows: 5. While filing the return of income on 21.03.2013 for AY 12-13, the appellant included the additional business income Rs 1,95,47,000 that was claimed as part of the surrendered income of Rs 10 crores. While passing the assessment order, the AO made additions

M/S. NIRALA HOUSING PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

ITA 3136/DEL/2015[2012-13]Status: DisposedITAT Delhi16 Nov 2018AY 2012-13

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

For Appellant: Sh. Rahul Khare, Adv. &For Respondent: Sh. Manoj Kumar Chopra, Sr. DR
Section 132Section 271Section 271(1)(c)Section 271A

4 companies of the group was provided, as follows: 5. While filing the return of income on 21.03.2013 for AY 12-13, the appellant included the additional business income Rs 1,95,47,000 that was claimed as part of the surrendered income of Rs 10 crores. While passing the assessment order, the AO made additions

DCIT, NEW DELHI vs. M/S NIRALA HOUSING PVT. LTD.,, NEW DELHI

In the result, all the five appeals are dismissed

ITA 3531/DEL/2015[2011-12]Status: DisposedITAT Delhi16 Nov 2018AY 2011-12

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

For Appellant: Sh. Rahul Khare, Adv. &For Respondent: Sh. Manoj Kumar Chopra, Sr. DR
Section 132Section 271Section 271(1)(c)Section 271A

4 companies of the group was provided, as follows: 5. While filing the return of income on 21.03.2013 for AY 12-13, the appellant included the additional business income Rs 1,95,47,000 that was claimed as part of the surrendered income of Rs 10 crores. While passing the assessment order, the AO made additions

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

ITA-441/2003HC Delhi31 Jul 2013

II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility of excluding

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

ITA/441/2003HC Delhi31 Jul 2013

II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility of excluding

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

ITA - 441 / 2003HC Delhi31 Jul 2013

II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility of excluding

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

ITA 4779/DEL/2025[2024-25]Status: DisposedITAT Delhi11 Mar 2026AY 2024-25
For Respondent: \nShri Gaurav Jain, Adv
Section 12ASection 132Section 143(3)Section 2(15)

ii) of clause (a) of sub-section (1), and the order,\ndirection or decree, by whatever name called, holding that such non-\ncompliance has occurred, has either not been disputed or has attained finality,\nthen, the Principal Commissioner or the Commissioner may, by an order in writing,\ncancel the registration of such trust or institution:\nProvided that the registration shall

M/S R SYSTEMS INTERNATIONAL LTD.,,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 6506/DEL/2016[2011-12]Status: DisposedITAT Delhi04 Oct 2019AY 2011-12

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2011-12]

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vijay Kumar Chaddha, Sr. DR
Section 10ASection 10A(4)

disallowance of legal and professional fee of Rs. 1,93,250 and foreign taxes of Rs 51,384/-. 3. Briefly stated, the facts of the case are that the assessee company is engaged into the business of software development and IT enables services, primarily export sales. 4. During the year under consideration, the assessee has declared total interest

MOTHERSON SUMI SYSTEMS LIMITED,NEW DELHI vs. DCIT, NEW DELHI

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

ITA 2054/DEL/2015[2010-11]Status: DisposedITAT Delhi27 Mar 2024AY 2010-11

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2010-11

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Shri Anuj Garg, Sr. DR
Section 108(4)Section 10BSection 10B(1)Section 143(3)Section 144CSection 234BSection 271(1)(e)Section 92D

10 Reimbursement of expenses received 1,886,087 3 Motherson Sumi Systems Limited vs. DCIT The Ld. Assessing Officer (“AO”) in the draft assessment order 3.2 proposed an addition of Rs. 56,13,895/- on account of disallowance of exemption under section 10B of the Act with respect to miscellaneous incomes/other incomes/scrap sales and relying on the decision

CHAUDHARY CHARAN SINGH HARYANA AGRICULTURAL UNIVERSITY,HISSAR vs. ITO,EXEMPTION, ROHTAK

In the result, the appeal of the assessee is allowed

ITA 2225/DEL/2024[2018-19]Status: DisposedITAT Delhi14 May 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Brajesh Kumar Singh[Assessment Year 2018-19]

Section 10Section 139Section 147Section 148Section 148ASection 151

4. On the facts and circumstances of the case, learned CIT(A), ITD has erred both on facts and in law in confirming the order of the AO despite the fact that notice under section 148 of the Act has been issued ignoring the first proviso to section 148 which provides that notice under section 148 shall not be issued

MR. NIKHIL SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, appeal of the assessee is dismissed

ITA 1248/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Aug 2020AY 2012-13

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimr. Nikhil Sawhney Acit, 17 – Sunder Nagar, Central Circle, Vs. New Delhi – 110 003. Noida. Pan: Aaups0222Q (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rakhi Vimal, Sr. DR
Section 10(38)Section 143

4[Provided that the income by way of long-term capital gain of a company shall be taken into account in computing the book profit and income-tax payable under section 115JB.] Explanation.—For the purposes of this clause, "equity oriented fund" means a fund— (i) where the investible funds are invested by way of equity shares in domestic companies

M/S PARNIKA COMMERCIAL & ESTATES (P) LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, the appeal is allowed for statistical purposes

ITA 5724/DEL/2010[2007-08]Status: DisposedITAT Delhi22 Jul 2016AY 2007-08

Bench: : Shri C.M. Garg & Shri L.P. Sahu

For Appellant: Sh. Kapil Goel, AdvocateFor Respondent: Sh. Ashish Chandra Mohanty, Sr. DR
Section 250(6)Section 80Section 80I

disallowed the claim of deduction of Rs.2,47,75,170/- and added the same back to the assessee’s total income. 3. The assessee carried the matter before the ld. CIT(A). The ld. CIT(A) examining in detail the facts and submissions of the appellant, found that the appellant is not eligible for claiming deduction u/s. 80IA(4

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

ITA 7840/DEL/2025[2020-21]Status: DisposedITAT Delhi20 Mar 2026AY 2020-21

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

For Appellant: Shri Amit Goel and Shri Pranav Yadav, Advocate
Section 132Section 143(3)Section 147Section 37Section 37(1)Section 69A

10 ITA-5515/Del/2025 & 13 others Rs.41,55,067/-. All the grounds of appeal raised by the assessee are therefore allowed.” (ii) M/S Jhs Svendgaard Laboratories vs DCIT Cc (ii) (ii) (ii) M/S Jhs Svendgaard Laboratories vs DCIT Cc M/S Jhs Svendgaard Laboratories vs DCIT Cc-31, New Delhi Dated M/S Jhs Svendgaard Laboratories vs DCIT Cc 31, New Delhi