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

disallowance of Rs. 13,29,988/- on the following basis: - The assessing officer has only referred the tax audit report and has not made any query to the assessee - The tax has been deducted and deposited was fully justified. Assessee’s Submission At the outset the provisions of section 40(a)(ia) of the Act is reproduced below: “40. Notwithstanding

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

disallowance of Rs. 13,29,988/- on the following basis: - The assessing officer has only referred the tax audit report and has not made any query to the assessee - The tax has been deducted and deposited was fully justified. Assessee’s Submission At the outset the provisions of section 40(a)(ia) of the Act is reproduced below: “40. Notwithstanding

W SERVE TECHNOLOGIES PRIVATE LIMITED,GURGAON vs. ACIT, CPC-TDS, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Anubhav Sharma

200 or the proviso to sub-section (3) of section 206C which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of July, 2012.]” 5. Kind attention of the Tribunal is also drawn to the Memorandum to the Finance

W SERVE TECHNOLOGIES PRIVATE LIMITED,GURGAON vs. ACIT, CPC-TDS, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Anubhav Sharma

200 or the proviso to sub-section (3) of section 206C which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of July, 2012.]” 5. Kind attention of the Tribunal is also drawn to the Memorandum to the Finance

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

section 14A to the extent of the exempted income. Following the finding of the Hon’ble Delhi High Court in the case of Joint Stock Investment Ltd. (supra), The Ld CIT(A) has restricted the disallowance u/s 14A of the Act in the case of the assessee to the extent of excepted income. In the facts and circumstances

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

section 14A to the extent of the exempted income. Following the finding of the Hon’ble Delhi High Court in the case of Joint Stock Investment Ltd. (supra), The Ld CIT(A) has restricted the disallowance u/s 14A of the Act in the case of the assessee to the extent of excepted income. In the facts and circumstances

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

section 14A to the extent of the exempted income. Following the finding of the Hon’ble Delhi High Court in the case of Joint Stock Investment Ltd. (supra), The Ld CIT(A) has restricted the disallowance u/s 14A of the Act in the case of the assessee to the extent of excepted income. In the facts and circumstances

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

section 14A to the extent of the exempted income. Following the finding of the Hon’ble Delhi High Court in the case of Joint Stock Investment Ltd. (supra), The Ld CIT(A) has restricted the disallowance u/s 14A of the Act in the case of the assessee to the extent of excepted income. In the facts and circumstances

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

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

section 2(22)(e) since the amount was given in the ordinary course of business. In assessment year 2008-09, 2010-11 and 2011-12, the Hon‟ble Tribunal following the order for assessment year 2007-08 deleted the disallowance. While deciding the appeal for the assessment years 2012-13 and 2013-14, the Hon‟ble Tribunal decided the issue

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

section 80IC of the Act by an amount of Rs. 194,72,20,072 in respect of certain incomes earned by the eligible unit, on the ground that such incomes were not derived from the business of manufacture of specified articles or things. 34.1 That the assessing officer erred on facts and in law in holding that the other income

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

section IDA in this context means the global income off the assessee and not the total income as defined in section 2(45). …………………………………. 27. Form No.1 read with Rule 12 of the Income Tax Rules, 1962 provides for return of income and return of fringe benefits. ITA Nos. 5524 & 5525/Del/2013 28. In Schedule NO.9 at column NO.7 it is clearly

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

section IDA in this context means the global income off the assessee and not the total income as defined in section 2(45). …………………………………. 27. Form No.1 read with Rule 12 of the Income Tax Rules, 1962 provides for return of income and return of fringe benefits. ITA Nos. 5524 & 5525/Del/2013 28. In Schedule NO.9 at column NO.7 it is clearly

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

section IDA in this context means the global income off the assessee and not the total income as defined in section 2(45). …………………………………. 27. Form No.1 read with Rule 12 of the Income Tax Rules, 1962 provides for return of income and return of fringe benefits. ITA Nos. 5524 & 5525/Del/2013 28. In Schedule NO.9 at column NO.7 it is clearly

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

section IDA in this context means the global income off the assessee and not the total income as defined in section 2(45). …………………………………. 27. Form No.1 read with Rule 12 of the Income Tax Rules, 1962 provides for return of income and return of fringe benefits. ITA Nos. 5524 & 5525/Del/2013 28. In Schedule NO.9 at column NO.7 it is clearly

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

200/-, it claimed a deduction of the aforementioned lease rent i.e. Rs. 77,98,042/-, as revenue expenditure. 5.4. The AO, vide order dated 30.12.2010, passed under Section 143(3) of the Act, assessed the appellant/assessee‟s taxable income at Rs. 36,28,88,570/-, and while doing so, he disallowed

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

200/-, it claimed a deduction of the aforementioned lease rent i.e. Rs. 77,98,042/-, as revenue expenditure. 5.4. The AO, vide order dated 30.12.2010, passed under Section 143(3) of the Act, assessed the appellant/assessee‟s taxable income at Rs. 36,28,88,570/-, and while doing so, he disallowed

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

200/-, it claimed a deduction of the aforementioned lease rent i.e. Rs. 77,98,042/-, as revenue expenditure. 5.4. The AO, vide order dated 30.12.2010, passed under Section 143(3) of the Act, assessed the appellant/assessee‟s taxable income at Rs. 36,28,88,570/-, and while doing so, he disallowed

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

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

disallowing this claim. Therefore, Ground No. 18 to 18.2 are allowed in favour of the assessee.” From the records it can be seen that the provision for the material is worked out in respect of price amendments which were already issued on 31.03.2009 which was made on the basis of actual supplied made upto the end of the year