YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

disallowed. We do not think that the language of Sub-section (5) of Section 40A of the Act provides for or permits such a course. Sub-section (5) applies where an assessee claims a certain deduction saying that he has spent that money in providing, directly or indirectly, either as salary to an employee or in the provision of perquisite

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

disallowed. We do not think that the language of Sub-section (5) of Section 40A of the Act provides for or permits such a course. Sub-section (5) applies where an assessee claims a certain deduction saying that he has spent that money in providing, directly or indirectly, either as salary to an employee or in the provision of perquisite

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

disallowed. We do not think that the language of Sub-section (5) of Section 40A of the Act provides for or permits such a course. Sub-section (5) applies where an assessee claims a certain deduction saying that he has spent that money in providing, directly or indirectly, either as salary to an employee or in the provision of perquisite

COMMISSIONER OF INCOME TAX CENTRAL I vs. SAIN PROCESSSING & WEAVING MILLS P.LTD.

In the result, the appeal is dismissed

disallowed the claim of the assessee with regard to the deduction of depreciation for the current year while, determining the “book profit” under Section 115J of the Act; on the ground that the depreciation for the current year had not been charged to the profit and loss account. 2.7 The CIT(A), however, directed the Assessing Officer, to examine

COMMISSIONER OF INCOME TAX CENTRAL I vs. SAIN PROCESSSING & WEAVING MILLS P.LTD.

In the result, the appeal is dismissed

Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE RAJIV SHAKDHER

disallowed the claim of the assessee with regard to the deduction of depreciation for the current year while, determining the “book profit” under Section 115J of the Act; on the ground that the depreciation for the current year had not been charged to the profit and loss account. 2.7 The CIT(A), however, directed the Assessing Officer, to examine

LOGICS POWERAMR PRIVATE LIMITED,DELHI vs. ASST DIRECTOR OF INCOME TAX, BENGALURU

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

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2021-22 Logics Poweramr Private Vs. Asstt. Director Of Income Limited Tax, 1St Floor, Prestige Alpha No. 7, Sarswati Bhawan 1/4 Lalita Park, Laxmi Nagar 48/1, 48/2, East Delhi Laxmi Nagar Beratenaagrahara Begur, Delhi-110092 Hosur Rd. Uttarahalli Hobli, Pan No.Aadcl3204D Bangalore-560100 (Appellant) (Respondent)

1A) i.e, claim of section 801A, shall be allowed if return is furnished before the due date of filing the return and held that the assessee is squarely entitled for deduction u/s 801A of the Act as all the conditions therein were duly fulfilled by the assessee. The Ld. DR did not refute any of the findings

MUFG BANK LTD,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION) CIRCLE-2(2)(1), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Mufg Bank Ltd, Vs. Acit (International Taxation), 5Th Floor, Worldmark 2, Asset 8, Circle-2(2)(1), Aerocity, Nh-8, New Delhi New Delhi Pan: Aabct3880D (Appellant) (Respondent)

disallowance of Rs. 2,25,21,366 made by the AO under section 14A r.w. Rule 8D is unsustainable and bad in law. Section 14A does not apply to income earned from securitization trust asit is taxable under section 115TA of the Act: It is submitted that the income received by the assessee from securitization trust 19. is taxed under

NHPC LTD.,FARIDABAD vs. ACIT, FARIDABAD

In the result, appeals of the assessee in ITA Nos

Bench: Sh. H.S. Sidhu, Judicialmember & Sh. Prashant Maharishi

1A) of section 154 specifically provides that any matter which has not been considered and decided in any proceeding by way of appeal or revision, may be amended by the authority passing such an order in exercise of its power under section 154(1). Their Lordships further came to hold that the doctrine of merger is not a doctrine

PHI SEEDS PVT. LTD.,HYDERABAD vs. ADDL.CIT, SPECIAL RANGE-7, NEW DELHI

In the result, all appeals of the assessee are partly allowed

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

1A) r.w. section 10(1) of the Income Tax Act. 1961 be treated as business income and thus, is taxed accordingly.” 7.1. The AO after considering the reply/explanation of the assessee disallowed

LOKESH KUMAR AGGARWAL,DELHI vs. ITO,WARD-45(5), DELHI

In the result, all appeals of the assessee are partly allowed

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

1A) r.w. section 10(1) of the Income Tax Act. 1961 be treated as business income and thus, is taxed accordingly.” 7.1. The AO after considering the reply/explanation of the assessee disallowed

SRF LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal being ITA No

Bench: Shris.Rifaur Rahman & Shri Sudhir Pareek

disallowance of its claim for an additional deduction of Rs. 8,36,29,209/- under section 10A(1A) of the Act, 52. Brief

SRF LIMITED,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the appeal being ITA No

Bench: Shris.Rifaur Rahman & Shri Sudhir Pareek

disallowance of its claim for an additional deduction of Rs. 8,36,29,209/- under section 10A(1A) of the Act, 52. Brief

HERO MOTOCROP LTD.,NEW DELHI vs. ACIT, CIRCLE- 11(1), NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2015-16

disallowance made in that year was deleted on the ground that since in the first place, the Hero Motocorp Ltd. vs. ACIT parties were not related to the assessee company in terms of section 40A (2), disallowance on ground of excessive purchase price could not have been made under that section. Further, the Tribunal held that the transactions were entered

PYRAMID REALTORS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

1A) of the Registration Act, the provision of section 2(47)(v) of the IT Act is not applicable even if the possession has been handed over, has also examined the issue with reference to sections 4 and 5 of the IT Act on the point of accruality of income. The Hon’ble Supreme Court at pages

SAGA DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

1A) of the Registration Act, the provision of section 2(47)(v) of the IT Act is not applicable even if the possession has been handed over, has also examined the issue with reference to sections 4 and 5 of the IT Act on the point of accruality of income. The Hon’ble Supreme Court at pages

SAAMAG CONSTRUCTION LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

1A) of the Registration Act, the provision of section 2(47)(v) of the IT Act is not applicable even if the possession has been handed over, has also examined the issue with reference to sections 4 and 5 of the IT Act on the point of accruality of income. The Hon’ble Supreme Court at pages

SAAMAG DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

1A) of the Registration Act, the provision of section 2(47)(v) of the IT Act is not applicable even if the possession has been handed over, has also examined the issue with reference to sections 4 and 5 of the IT Act on the point of accruality of income. The Hon’ble Supreme Court at pages

PR. COMMISSIONER OF INCOME TAX -7 vs. SUMITOMO CORPORATION INDIA (P) LTD.

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

disallowances. On 07 April and 28 July 2021, the petitioner was served with notices under Section 92CA intimating it of a reference having been made to the TPO. The TPO issued a show cause notice on 03 September 2021 apprising the writ petitioner of various adjustments which were proposed to be made. Since the additions proposed would have been binding