PME POWER SOLUTIONS INDIA LTD,NEW DELHI vs. DY. COMMISSIONER OF INCOME TAX, NEW DELHI

In the result, both the appeal of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

139(9) of the Act. 19.01.2016 The Assessing Officer passed the assessment order u/s 143(3) of the Act and assessed the total income at Rs. 1,10,42,45,751/- as against the income declared of Rs. 1,07,56,68,480/- in the invalid return of income after making certain disallowances aggregating

ASIA SATELLITE TELECOMMUNICATIONS CO. LTD. vs. DIRECTOR OF INCOME TAX

The appeal of the Revenue is dismissed

disallowing provisions thereof would be inapplicable. 23. As regards the levy of interest under Sections 234A and 234B was concerned, the Tribunal held that the appellant would be liable to pay interest under Section 234A. However, with regard to levy of interest under Section 234B, the Tribunal held that if the receipt of income by the appellant was of such

IFCI LTD. vs. ADDL. CIT, CIRCLE-11(1),,

In the result ITA number 2205/Del/2005 filed by the learned assessing officer is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

9), we are of the view that the return filed on 27-3-2003 is a valid revised return. The revised return takes the place of the original return and the original return having been admittedly filed within the time allowed under section 139(1) , the loss will have to be carried forward. The return filed

DCIT, CIRCLE-II(I) vs. I.F.C.I. LTD.,,

In the result ITA number 2205/Del/2005 filed by the learned assessing officer is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

9), we are of the view that the return filed on 27-3-2003 is a valid revised return. The revised return takes the place of the original return and the original return having been admittedly filed within the time allowed under section 139(1) , the loss will have to be carried forward. The return filed

MR. SANJEEV GUPTA,NEW DELHI vs. ADDL.CIT, NEW DELHI

In the result, ground No. 3 and 4 With respect to the disallowance of export commission of the appeal of the assessee are allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishisanjeev Gupta, Vs. Addl. Cit, E-31, Kamla Nagar, Range-20, New Delhi New Delhi Pan:Ahcpg7326A (Appellant) (Respondent)

disallowance made by the Ld. assessing officer. 7. We have carefully considered the rival contention and also perused the orders of the lower authorities. The issue involved before us is that assessee has paid a commission expenditure to a German National without deduction of tax at source under section 195 of the Income Tax Act, whether such commission expenditure

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

9 of 59 deducted there from in the earlier years as well and the Revenue did not draw any adverse inference. In other words, no disallowance on this account was ever made in the past. It is for the first time in assessment year 2007-08, i.e. the immediately preceding assessment year that disallowance under section 40(a)(ia) r.w.s

ACIT, NEW DELHI vs. M/S SPLENDOR LANDBASE LTD.,, NEW DELHI

In the result, the Appeal filed by the Revenue stand dismissed

Bench: Shri H.S. Sidhu & Shri O.P. Kanti.T.A. No.2461/Del/2016 A.Y. : 2010-11 Assistant Commissioner M/S Splendor Landbase Of Income, Central Vs. Limited, Circle-3, F-38/2, Splendor House, New Delhi Okhla Industrial Area, Phase-Ii, New Delhi (Pan: Aaeca3986E) (Appellant) (Respondent) & C.O. No. 215/Del/2016 In I.T.A. No. 2461/Del/2016 A.Y. : 2010-11 M/S Splendor Landbase Assistant Commissioner Limited, Vs. Of Income, Central Circle- F-38/2, Splendor House, 3, Okhla Industrial Area, New Delhi Phase-Ii, New Delhi (Pan: Aaeca3986E) (Appellant) (Respondent)

disallowing carry forward of loss in 153A assessment is proper, because the return was belated in accordance with provisions of section 139(3). 9

RRPR HOLDING PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, Grounds No

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

9 Act. The AO concluded that in view of S. 139(3), the capital loss can not be carried forward unless the return showing such loss is filed under S. 139(5) of the Act, whereas the Assessee has not claimed such loss in the ROI filed under S. 139(1) of the Act and made an altogether fresh claim

SYSTEMS AMERICA (INDIA) LTD. vs. ADDL. COMMISSIONER OF INCOME TAX,,

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

Bench: Shri N.K. Saini & Shri Kuldip Singh

disallowances while determining the export profit. 3. The Id. AO has erred in taking the total turnover of the assessee at Rs.70,41,50,344/-, as against total turnover of the assessee of Rs.65,65,82,120/-. This error has occurred as the AO has failed to consider the FOB value export. 4. That the Id. AO has erred

ACIT, CIRCLE-7(1) vs. SYSTEM AMERICA INDIA LTD.,,

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

Bench: Shri N.K. Saini & Shri Kuldip Singh

disallowances while determining the export profit. 3. The Id. AO has erred in taking the total turnover of the assessee at Rs.70,41,50,344/-, as against total turnover of the assessee of Rs.65,65,82,120/-. This error has occurred as the AO has failed to consider the FOB value export. 4. That the Id. AO has erred

CHANDER KANTA MAHESHWARI L/H OF LATE SHRI ASHOK KUMAR MAHESHWARI ,DELHI vs. ITO, WARD- 35(2), NEW DELHI

In the result, appeal filed by the Assesseeis allowed

Bench: Shri R. K. Pandaa N D Shri N. K. Choudhry(Through Video Conferencing)

disallowance of deduction u/s 54 for investment made in new residential house between the period of due date of filing of return u/s 139(1) and date of return of income filed U/s 139(4), i.e., a belated return. 4. That CIT(Appeals) has erred in law and facts of the case by passing a non-speaking order. “ 6. None

SMT. HARMINDER KAUR,,NEW DELHI vs. ITO,, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

disallowance under section 54 of the Act, which is a beneficial section and for that purpose only thing to be ensured is that capital gains consideration arising on sale of long-term capital asset are reinvested in residential property. She further submitted that even as per section 54 of the Act, there is no requirement that the assessee should have

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

9,72,000 that is verified to have been paid on behalf of another group entity and not claimed in the assessee's P&L. The assessee's conflation of TDS and surcharge is untenable, and the AO's approach is sound.” 23. On the other hand, ld. AR of the assessee submitted as under := “During the year, assessee

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

9,72,000 that is verified to have been paid on behalf of another group entity and not claimed in the assessee's P&L. The assessee's conflation of TDS and surcharge is untenable, and the AO's approach is sound.” 23. On the other hand, ld. AR of the assessee submitted as under := “During the year, assessee

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

9,72,000 that is verified to have been paid on behalf of another group entity and not claimed in the assessee's P&L. The assessee's conflation of TDS and surcharge is untenable, and the AO's approach is sound.” 23. On the other hand, ld. AR of the assessee submitted as under := “During the year, assessee

EFFORT FOUDATION (N.G.O),DELHI vs. ITO , DELHI

Appeal is allowed

Bench: Sh. Satbeer Singh Godaraita No. 1204/Del/2024 : Asstt. Year : 2018-19 Effort Foundation (N.G.O.), Vs Income Tax Officer, Flat No. 233, Pocket-10, Nasirpura, Exemption Ward-1(1), Dwarka, New Delhi-110045 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaaae4486D Assessee By: An Adjournment Application Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 03.07.2025 Date Of Pronouncement: 03.07.2025 Order

disallowed the assessee’s section 11 exemption claim on account of the fact that it had filed it’s return on 14.03.2019 i.e. very well beyond the due date thereof coming to 30.09.2018. It is noticed in this factual backdrop that the tribunal’s recent order in Indian Medical Association Vs. DCIT, ITA No. 767/PUN/2025 dated 16.06.2025 that even

GEO CONVEST LTD vs. DCIT CIRCLE-12 (1),

In the result, appeals filed by the assessee in ITA Nos

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

9. Thus if the transaction is one of leasing/hiring/letting simpliciter under which the possession of the goods, i.e., effective and general control of the goods is to be given to the customer and the customer has the freedom and choice of selecting the manner, time and nature of use and enjoyment, though within the framework of the agreement, then

DCIT CIRCLE-12 (1) vs. GEO CONNECT LTD,

In the result, appeals filed by the assessee in ITA Nos

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

9. Thus if the transaction is one of leasing/hiring/letting simpliciter under which the possession of the goods, i.e., effective and general control of the goods is to be given to the customer and the customer has the freedom and choice of selecting the manner, time and nature of use and enjoyment, though within the framework of the agreement, then

ACIT, NEW DELHI vs. M/S. GEO CONNECT LTD., NEW DELHI

In the result, appeals filed by the assessee in ITA Nos

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

9. Thus if the transaction is one of leasing/hiring/letting simpliciter under which the possession of the goods, i.e., effective and general control of the goods is to be given to the customer and the customer has the freedom and choice of selecting the manner, time and nature of use and enjoyment, though within the framework of the agreement, then