CIT vs. ESCORTS HEART INSTITUTE AND RESEARCH CENTRE LTD

The appeals of the Revenue are dismissed and those

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 17(3) of the Act. This decision in the case of Mr. Nanda is followed in the case of other Director-assessee, viz. Dr. Naresh Trehan. ITA No.400 of 2008, etc. Page 9 of 49 , 10. Challenging the orders of the Tribunal, Revenue has ^ preferred appeals in the case of the company as well as in respect of both

CIT vs. ESCORTS HEART INSTITUTE AND RESEARCH CENTRE LTD

The appeals of the Revenue are dismissed and those

Section 17(3) of the Act. This decision in the case of Mr. Nanda is followed in the case of other Director-assessee, viz. Dr. Naresh Trehan. ITA No.400 of 2008, etc. Page 9 of 49 , 2011:DHC:11866-DB 10. Challenging the orders of the Tribunal, Revenue has ^ preferred appeals in the case of the company as well

M/S HCL TECHNOLOGIES LTD.,,NOIDA vs. ACIT (TDS), NOIDA

In the result appeal of assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishihcl Technologies Ltd, Acit(Tds), Plot No. 3A, Tower 6, 14Th Floor, Vs. Noida Sector-126, Noida Pan: Aaach1645P (Appellant) (Respondent)

disallowance u/s 40(a)(ia) in the return filed by the assessee for Assessment Year 2009-10. Therefore, notice is not time barred. The ld AO thereafter held that the assessee has not deducted tax of Rs. 23871484/- and therefore, he treated the assessee as the „assessee in default‟ for that sum. He further charged interest u/s 201(1A) amounting

CIT vs. NARESH TREHAN

The appeals of the Revenue are dismissed and those

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 17(3) of the Act. This decision in the case of Mr. Nanda is followed in the case of other Director-assessee, viz. Dr, Naresh Trehan. B. 9, ITA No.400 of 2008, etc. Page 9 of 49 25 10. Challenging the orders of the Tribunal, Revenue has preferred appeals in the case of the company as well

CIT vs. SELECT HOLIDAY RESORTS PVT LTD

The appeals stand disposed of as above

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

disallowance under Section 14A of the Income Tax Act, 1961 will Joe keepio@ in mind the observations and apply the judgment in the case of Maxopp Investment Ltd. (supra). 3. The appeal is disposed of. --~ " - / I (-- ' SANJIV KHANNA,J R.V.EASWAR, J DECEMBER 02, 2011 vld (J) * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered

CIT vs. SELECT HOLIDAY RESORTS PVT LTD

The appeals stand disposed of as above

disallowance under Section 14A of the Income Tax Act, 1961 will Joe keepio@ in mind the observations and apply the judgment in the case of Maxopp Investment Ltd. (supra). 3. The appeal is disposed of. --~ " - / I (-- ' SANJIV KHANNA,J R.V.EASWAR, J DECEMBER 02, 2011 vld 2011:DHC:13239-DB (J) * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

COMMISSIONER OF INCOME TAX vs. VOU INVESTMENT LTD.

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

COMMISSIONER OF INCOME TAX vs. AKM SYSTEMS PVT LTD

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

CHEMINVEST LTD. vs. COMMISSIONER OF INCOME TAX

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

MAXPAK INVESTMENT LTD. vs. COMMISSIONER OF INCOME TAX

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

COMMISSIONER OF INCOME TAX DELHI IV vs. ICRA LTD.

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

COMMISSIONER OF INCOME TAX DELHI IV vs. ICRA LTD.

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

THE COMMISSIONER OF INCOME TAX vs. HCL PEROT SYSTEMS LTD.

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior

THE COMMISSIONER OF INCOME TAX vs. HCL PEROT SYSTMES LTD.

The appeals stand disposed of as above

3) For the purposes of this rule, the “total assets” shall mean, total assets as appearing in the balance sheet excluding the increase on account of revaluation of assets but including the decrease on account of revaluation of assets.” 2011:DHC:5797-DB ITA 687/09 & Ors Page 15 of 38 The law prior to insertion of Section 14A 12. Prior