MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

SECTION 45, READ WITH SECTION 28(i), OF THE INCOME-TAX ACT, 1961 - CAPITAL GAINS, CHARGEABLE AS - ISSUE OF TAXABILITY OF SURPLUS ON SALE OF SHARES AND SECURITIES - CAPITAL GAINS OR BUSINESS INCOME - INSTRUCTIONS IN ORDER TO REDUCE LITIGATION CIRCULAR NO.6/2016 [F.NO.225/12/2016-ITA-II], DATED 29-2-2016 1. Sub-section (14) of section 2 of the Income

UNITED FOODS PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-27(1), NEW DELHI

In the result, the appeal of the Assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Narender Kumar Choudhry

Section 131 read with provisions of CPC. Thus, a fresh opportunity cannot be given to the Revenue to cover up the lapse at this very belated stage for compliance of S. 131 by third parties by setting up commission for at least two reasons: (a) It is common knowledge that it would be extremely difficult to remember nuances

SERCO INDIA PVT. LTD.,PUNE vs. DCIT, GURGAON

In the result, appeal filed by the Assessee stands allowed

Bench: Shrianil Chaturvedi, Am & Shri N. K. Choudhry, Jm

131 (Delhi) [PB 912 to 920] [Para 11 of the judgment], the Hon‟ble Court on the identical facts as involved in this case, has held as under: “11. As far as disallowance under section

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD),NEW DELHI vs. ACIT CENTRAL CIRCLE-25, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD), NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD), NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD), NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD), NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

NEEL METAL PRODUCTS LTD,NEW DELHI vs. ACIT CENTRAL CIRCLE-25, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD), NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD), NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

NEEL METAL PRODUCTS LTD,NEW DELHI vs. ACIT CENTRAL CIRCLE-25, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

NEEL METAL PRODUCTS LTD,NEW DELHI vs. ACIT CENTRAL CIRCLE-25, NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both

DCIT CENTRAL CIRCLE-25, NEW DELHI vs. NEEL METAL PRODUCTS LTD (FORMELY KNOWN AS NEEL AUTO PVT LTD), NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

disallowance of certain expenses in AY 2017-18. ITA 238 of appeal of Assessee No. 1. Issue no.10 is with regard to addition u/s 56(2)(x) of the Act, in AY 2018-19. ITA 239 of appeal of Assessee No. 1. Issue no. 11 is with regard to Scrap sale addition in AY 2018-19, in case of both