M/S. UNITECH LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed on preliminary ground, appeal of Revenue and its CO are dismissed

Bench: Shri Rajpal Yadav & Shri O.P. Kantआयकर अपील सं./ Ita No. 6181/Del/2015 With Co No.376/Del/2015 & "नधा"रण वष"/Assessment Year: 2010-11 M/S.Unitech Limited Dcit, Cir.27(1) 6, Community Centre Vs New Delhi. Saket, New Delhi 17. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Salil Aggarwal, Ar Revenue By : Shri H.K. Choudhary, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/05/2018 घोषणा क" तार"ख /Date Of Pronouncement : 27/06/2018 O R D E R

section 142(2 A) of the Act. 1.2 It appears that, entire intent and, purport to prepare such a vague show-cause notice and thereafter give an inadequate time frame to file a reply is with a predetermined and, premeditated opinion of making an order u/s 142(2A) of the Act. It is submitted that, such an approach

DCIT, NEW DELHI vs. M/S. UNITECH LTD., NEW DELHI

In the result, appeal of the assessee is allowed on preliminary ground, appeal of Revenue and its CO are dismissed

Bench: Shri Rajpal Yadav & Shri O.P. Kantआयकर अपील सं./ Ita No. 6181/Del/2015 With Co No.376/Del/2015 & "नधा"रण वष"/Assessment Year: 2010-11 M/S.Unitech Limited Dcit, Cir.27(1) 6, Community Centre Vs New Delhi. Saket, New Delhi 17. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Salil Aggarwal, Ar Revenue By : Shri H.K. Choudhary, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/05/2018 घोषणा क" तार"ख /Date Of Pronouncement : 27/06/2018 O R D E R

section 142(2 A) of the Act. 1.2 It appears that, entire intent and, purport to prepare such a vague show-cause notice and thereafter give an inadequate time frame to file a reply is with a predetermined and, premeditated opinion of making an order u/s 142(2A) of the Act. It is submitted that, such an approach

DCIT,C-11(1), NEW DELHI vs. HERO MOTOCORP LTD.,, NEW DELHI

Appeal of the Revenue is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

142 ITD 52 (Ahd.) Administrative expenses [Disallowance under Rule 8D(iii)| The expenses debited in the profit and loss account (other than those suo moto disallowed) pertains to main business activity of manufacturing of two wheelers; revenue earned wherefrom was Rs. 25,124.91 crores as against exempt income of Rs.15.11 crores earned by way of dividend from investments which

ACIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD., NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

disallowance made by the 3 ITA No.1947/Del./2018 ; 2364/Del.2018; 6474/Del./2016 &5872/Del./2016 appellant Rs.2,424,142) under section 14A of the Income

ACIT,, NEW DELHI vs. M/S RELIGARE FINVEST LTD.,, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

disallowance made by the 3 ITA No.1947/Del./2018 ; 2364/Del.2018; 6474/Del./2016 &5872/Del./2016 appellant Rs.2,424,142) under section 14A of the Income

M/S RELIGARE FINVEST LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

disallowance made by the 3 ITA No.1947/Del./2018 ; 2364/Del.2018; 6474/Del./2016 &5872/Del./2016 appellant Rs.2,424,142) under section 14A of the Income

RELIGARE FINVEST LTD,NEW DELHI vs. ADDL.CIY, RANGE-21, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

disallowance made by the 3 ITA No.1947/Del./2018 ; 2364/Del.2018; 6474/Del./2016 &5872/Del./2016 appellant Rs.2,424,142) under section 14A of the Income

DCIT CIRCLE 4 (1) vs. JINDAL DYECHEM INDUSTRIES (P) LTD,

Bench: Shri A.T. Varkey & Shri O.P. Kant

142(2C) e) Ld. First Appellate Authority has wrongly interpreted the provisions of explanation 1(iii) to section to section 153(3) of I.T. Act, 1961 in holding that the last date is one decided by AO whereas the date of compliance extends upto 180 days 3 ITA No.4809/Del./2007 CO No.179/Del/2008 f) The assessee tried to take advantage

SHRI ANIL KUMAR,GHAZIABAD vs. DCIT, GHAZIABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

142(2A) and consequent extension of limitation as well as the additions made under Section 68 and Section 56(2) of the Act. As observed, a token relief towards lump sum disallowance

HERO MOTO CORP LTD.,NEW DELHI vs. NEAC, DELHI

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

disallowed under section 14A of the Act, where the appellant had sufficient surplus funds and there was no finding by the assessing officer of any direct nexus of borrowed funds with investments: i. Godrej & Boyce Manufacturing Company Ltd. VS. DCIT: 394 ITR 449(SC) ii. Pr. CIT vs. GMM Pfaulder Ltd.: ITA No. 506 of 2017 dated

PROVIDENT INV. & INDUSTRIES (P) LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result ground No. 5 of the appeal of the assessee is dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiprovident Inv & Industries P Ltd, Vs. Ito, Ward-14(2), 4Th Floor, Ito, A-49, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi Cr Building, New Delhi Pan:Aabcj4816P (Appellant) (Respondent)

section 142 (2A) of the act without adhering to the instructions of the Central board of direct taxes and without examining the books of accounts in forming satisfaction of the complexity in the books of accounts. The Ld. authorized representative did not press any argument on this ground and therefore it is dismissed. 15. Ground No. 4 of the appeal

HERO MOTOCORP LIMITED,NEW DELHI vs. JCIT, NEW DELHI

In the result appeal of the assessee in ITA No

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

disallowed on the ground of the same being contingent in nature. He further submitted that similar provision for increase in prices as at the end of the year was accepted and allowed in Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page

RELIGARE FINVEST LTD.,NEW DELHI vs. ACIT, CIRCLE- 21(1), NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowed and added back to the income of the assessee.” 5.3. The Ld. AR has submitted that pursuant to decision of the Hon'ble apex Court in the case of ICDS Ltd. vs. CIT, Mysore, 350 ITR 527 wherein it was held that it is the lessor is entitled to claim depreciation u/s 32 of the Act in respect

ACIT (OSD), CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD., NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowed and added back to the income of the assessee.” 5.3. The Ld. AR has submitted that pursuant to decision of the Hon'ble apex Court in the case of ICDS Ltd. vs. CIT, Mysore, 350 ITR 527 wherein it was held that it is the lessor is entitled to claim depreciation u/s 32 of the Act in respect

DCIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD., NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowed and added back to the income of the assessee.” 5.3. The Ld. AR has submitted that pursuant to decision of the Hon'ble apex Court in the case of ICDS Ltd. vs. CIT, Mysore, 350 ITR 527 wherein it was held that it is the lessor is entitled to claim depreciation u/s 32 of the Act in respect

ACIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD.,, NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowed and added back to the income of the assessee.” 5.3. The Ld. AR has submitted that pursuant to decision of the Hon'ble apex Court in the case of ICDS Ltd. vs. CIT, Mysore, 350 ITR 527 wherein it was held that it is the lessor is entitled to claim depreciation u/s 32 of the Act in respect

RELIGARE FINVEST LTD.,NEW DELHI vs. DCIT, CIRCLE- 21(1), NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowed and added back to the income of the assessee.” 5.3. The Ld. AR has submitted that pursuant to decision of the Hon'ble apex Court in the case of ICDS Ltd. vs. CIT, Mysore, 350 ITR 527 wherein it was held that it is the lessor is entitled to claim depreciation u/s 32 of the Act in respect

RELIGARE FINVEST LTD.,NEW DELHI vs. DCIT, CIRCLE- 21(1), NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowed and added back to the income of the assessee.” 5.3. The Ld. AR has submitted that pursuant to decision of the Hon'ble apex Court in the case of ICDS Ltd. vs. CIT, Mysore, 350 ITR 527 wherein it was held that it is the lessor is entitled to claim depreciation u/s 32 of the Act in respect

RELIGARE FINVEST LTD.,NEW DELHI vs. DCIT, CIRCLE- 21(1), NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowed and added back to the income of the assessee.” 5.3. The Ld. AR has submitted that pursuant to decision of the Hon'ble apex Court in the case of ICDS Ltd. vs. CIT, Mysore, 350 ITR 527 wherein it was held that it is the lessor is entitled to claim depreciation u/s 32 of the Act in respect