TRIVENI TURBINE LTD,NOIDA vs. ACIT, CIRCLE 5(3)(1), NOIDA

In the result, the appeal of the assessee is dismissed

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay[Assessment Year: 2018-19]

disallowed the deduction claimed by the appellant holding that donations forming part of CSR expenditure is not allowable as deduction under section 80G of the Act. 4. In this regard, it is respectfully submitted that the aforesaid issue is no longer re-integra and it has been held by various Benches of the Hon’ble Tribunal in the following cases

GE CAPITAL SERVICES INDIA,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishia N D Shri K. Narasimha Chary

Section 251(1)(a) of the Income Tax Act, 1961 by remanding the issue of deduction of Rs.12,62,01,895/- in respect of write off / reversal made out of provision for bad and doubtful debts to the Assessing Officer, completely ignoring that such powers as remained has been extremely taken away by way of Finance Act, 2001 with effect

VIKAS GLOBALONE LTD.,NEW DELHI vs. DCIT, CIRCLE- 26(2), NEW DELHI

In the result, appeal of Assessee is partly allowed

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

disallowance under section 14A could be made. Further, land was acquired and investment in land was made out of the capital and free reserves available to the assessee which were much higher. No expenses have been incurred to earn agricultural income. The agricultural income is incidental income to the assessee which have been received on account of acquisition

ASHISH DHAM,DELHI vs. DCIT, NEW DELHI

In the result, Assessee’s appeal is treated as partly allowed for statistical

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

disallowing the interest on housing loan from income from house property. 5. That ld assessing officer without appreciating the correct facts of the case and giving proper opportunity of being heard and raising any query during the course of hearing is not justified in law and facts and circumstances of the case in making the addition

HV METAL ARC PVT. LTD.,NOIDA vs. ACIT, CIRCLE- 11(1), NEW DELHI

In the result, Appeal of the Assessee is treated as partly allowed for statistical purposes

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

disallowance of 2% out of the total expenses of Rs. 37,90,33,493/-, amounting to Rs. 75,80,669/-, was made. (2.1) Aggrieved, the assessee filed an appeal before Ld. CIT(A), who, vide aforesaid order dated 29.12.2017 dismissed the Assessee’s appeal, on the ground that no compliance was made to notices of hearings issued

ASIA SUGAR INDS.P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-5, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhary

disallowance of expenses, be deleted. 5. With respect to ground No.2, the Learned A.R. submitted that during the course of search cash of Rs.58 lakhs was found and out of which Rs.44,50,000/- was seized. During the course of assessment proceedings, assessee was asked to give explanation about the cash found to which assessee inter alia, submitted that cash

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2010-11] Maruti Suzuki India Ltd., Vs Dcit, Plot No.1, Nelson Mandela Road, Circle-16(1), Vasant Kunj, New Delhi-110070. New Delhi. Pan-Aaacm0829Q Appellant Respondent [Assessment Year : 2010-11] Dcit, Vs Maruti Suzuki India Ltd., Circle-16(1), Plot No.1, Nelson Mandela Road, New Delhi. Vasant Kunj, New Delhi-110070. Pan-Aaacm0829Q Appellant Respondent Appellant By Shri Ajay Vohra, Sr.Adv., Shri Neeraj Jain, Adv. & Ms. Tejasvi Jain & Ms. Somya Jain, Ca Respondent By Shri G.C.Srivastava, Adv., Shri Kalrav Mehrotra, Adv. & Shri Mayank Patawari, Ca Date Of Hearing 11.11.2022 Date Of Pronouncement 09.02.2023

disallowance made by the assessee u/s 43B of the Act was denied by the AO. The AO computed the disallowance out of R&D cess amounting to Rs.33.89 crores. Ld. Counsel for the assessee submitted that at the outset, it may be noted that as per the provision of Land Research and Development, cess is imposed on import of technology

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2010-11] Maruti Suzuki India Ltd., Vs Dcit, Plot No.1, Nelson Mandela Road, Circle-16(1), Vasant Kunj, New Delhi-110070. New Delhi. Pan-Aaacm0829Q Appellant Respondent [Assessment Year : 2010-11] Dcit, Vs Maruti Suzuki India Ltd., Circle-16(1), Plot No.1, Nelson Mandela Road, New Delhi. Vasant Kunj, New Delhi-110070. Pan-Aaacm0829Q Appellant Respondent Appellant By Shri Ajay Vohra, Sr.Adv., Shri Neeraj Jain, Adv. & Ms. Tejasvi Jain & Ms. Somya Jain, Ca Respondent By Shri G.C.Srivastava, Adv., Shri Kalrav Mehrotra, Adv. & Shri Mayank Patawari, Ca Date Of Hearing 11.11.2022 Date Of Pronouncement 09.02.2023

disallowance made by the assessee u/s 43B of the Act was denied by the AO. The AO computed the disallowance out of R&D cess amounting to Rs.33.89 crores. Ld. Counsel for the assessee submitted that at the outset, it may be noted that as per the provision of Land Research and Development, cess is imposed on import of technology

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

SECTION 45, READ WITH SECTION 28(i), OF THE INCOME-TAX ACT, 1961 - CAPITAL GAINS, CHARGEABLE AS - ISSUE OF TAXABILITY OF SURPLUS ON SALE OF SHARES AND SECURITIES - CAPITAL GAINS OR BUSINESS INCOME - INSTRUCTIONS IN ORDER TO REDUCE LITIGATION CIRCULAR NO.6/2016 [F.NO.225/12/2016-ITA-II], DATED 29-2-2016 1. Sub-section (14) of section 2 of the Income

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

SECTION 45, READ WITH SECTION 28(i), OF THE INCOME-TAX ACT, 1961 - CAPITAL GAINS, CHARGEABLE AS - ISSUE OF TAXABILITY OF SURPLUS ON SALE OF SHARES AND SECURITIES - CAPITAL GAINS OR BUSINESS INCOME - INSTRUCTIONS IN ORDER TO REDUCE LITIGATION CIRCULAR NO.6/2016 [F.NO.225/12/2016-ITA-II], DATED 29-2-2016 1. Sub-section (14) of section 2 of the Income

SUDHAKAR ARORA,DELHI vs. ADIT, CPC, BENGALURU

In the result, the appeal of the assessee is dismissed

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2018-19]

disallowance under Section 36(1)(va) of the Act, since on his part the assessee had made payment within the due date prescribed under the respective Act and it was only on account of a technical glitches, there was a one day delay in credit of such amount to the respective account of the PF/ESIC authorities. 9. In the case

GURINDER MOHAN SINGH NINDRAJOG vs. COMMISSIONER OF INCOME TAX

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 251 (1) (a), 263,154 and 147 of the Income-Tax Act. In the present case, where the CIT (A) is to decide the appeal, scope of his powers is stated in Station 251 (1)(a) ITA No.322/2005 Page 17 of 38 of the Act which empowers the CIT (A) to enhance the assessment as framed by the Assessing

GURINDER MOHAN SINGH NINDRAJOG vs. COMMISSIONER OF INCOME TAX

Section 251 (1) (a), 263,154 and 147 of the Income-Tax Act. In the present case, where the CIT (A) is to decide the appeal, scope of his powers is stated in Station 251 (1)(a) 2011:DHC:5139-DB ITA No.322/2005 Page 17 of 38 of the Act which empowers the CIT (A) to enhance the assessment

DCIT, NEW DELHI vs. M/S. GUJARAT GUARDIAN LTD., NEW DELHI

In the result, appeal filed by the revenue against the direction of the Ld

Bench: Shri S.K.Yadav & Shri Prashant Maharishim/S. Guajarat Guardian Ltd, Vs. Dcit, 4-7/C, Dda Shopping Centre, Circle-12(1), (Now Circle- New Friends Colony, 10(2), New Delhi Cr Building, Ip Estate, Pan: Aaacg1622K New Delhi (Appellant) (Respondent) Dcit, Vs. M/S. Guajarat Guardian Ltd, Circle-12(1), (Now Circle-10(2), 4-7/C, Dda Shopping Cr Building, Ip Estate, Centre, New Delhi New Friends Colony, New Delhi Pan: Aaacg1622K (Appellant) (Respondent)

251 CTR 290 In view of the above, it is submitted that since deduction under sections 80IA of the Act is a deduction admissible for a certain term, the question whether or not the statutory conditions precedent to the admissibility thereof (including the question separate books of accounts are maintained and the basis of computing sales) are fulfilled

M/S GINNI GOLDLIMITED,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri R.K. Panda & Ms. Suchitra Kambleassessment Year : 2009-10

disallowance and addition being the subject- matter of appeal before the Commissioner of Income-tax (Appeals) in such cases, the Commissioner of Income-tax (Appeals) has been empowered under section 251

PERNOD RICARD INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the recalled matter of the appeal in ITA No

Bench: Shri Amit Shukla & Shri O.P. Kant

disallowance has already been the restored to the file of the Assessing Officer and this alternative claim may also be filed before the Assessing Officer and there is no requirement to raise this issue by way of additional ground before the Tribunal. 5.2 We have heard the rival submission and perused the relevant metal on record. As all the facts

PERNOD RICARD INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the recalled matter of the appeal in ITA No

Bench: Shri Amit Shukla & Shri O.P. Kant

disallowance has already been the restored to the file of the Assessing Officer and this alternative claim may also be filed before the Assessing Officer and there is no requirement to raise this issue by way of additional ground before the Tribunal. 5.2 We have heard the rival submission and perused the relevant metal on record. As all the facts

PERNOD RICARD INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the recalled matter of the appeal in ITA No

Bench: Shri Amit Shukla & Shri O.P. Kant

disallowance has already been the restored to the file of the Assessing Officer and this alternative claim may also be filed before the Assessing Officer and there is no requirement to raise this issue by way of additional ground before the Tribunal. 5.2 We have heard the rival submission and perused the relevant metal on record. As all the facts

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals filed by the assessee are allowed

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

disallowance u/s 14A in the AY 2007-08. The question is one of applicability of the principles to the facts in a given case. It has been a well-settled view that the ratio of any decision must be understood in the background of that case. What is of essence in a decision is its ratio and not every observation