ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI vs. PTC INDIA FINANCIAL SERVICES LTD, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

35,75,580/-. 6. Aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). In both the years, the Ld. CIT(A) partly allowed the appeal of the assessee. He confirmed the disallowance of Rs. 20,54,47,894/- and Rs. 18,64,61,000/- on account of notional loss booked under the head foreign exchange loss

PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE- 19(2), NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

35,75,580/-. 6. Aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). In both the years, the Ld. CIT(A) partly allowed the appeal of the assessee. He confirmed the disallowance of Rs. 20,54,47,894/- and Rs. 18,64,61,000/- on account of notional loss booked under the head foreign exchange loss

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

35,75,580/-. 6. Aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). In both the years, the Ld. CIT(A) partly allowed the appeal of the assessee. He confirmed the disallowance of Rs. 20,54,47,894/- and Rs. 18,64,61,000/- on account of notional loss booked under the head foreign exchange loss

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

disallowance accordingly. 9 Section 43(1) reads as under: “43. In sections 28 to 41 and in this section, unless the context otherwise requires— ITA No.316/Del/2013 (1) "actual cost" means the actual cost of the assets to the assessee, reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by any other person

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

disallowance accordingly. 9 Section 43(1) reads as under: “43. In sections 28 to 41 and in this section, unless the context otherwise requires— ITA No.316/Del/2013 (1) "actual cost" means the actual cost of the assets to the assessee, reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by any other person

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

disallowance accordingly. 9 Section 43(1) reads as under: “43. In sections 28 to 41 and in this section, unless the context otherwise requires— ITA No.316/Del/2013 (1) "actual cost" means the actual cost of the assets to the assessee, reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by any other person

M/S. CONTINENTAL DEVICE INDIA LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

disallowance accordingly. 9 Section 43(1) reads as under: “43. In sections 28 to 41 and in this section, unless the context otherwise requires— ITA No.316/Del/2013 (1) "actual cost" means the actual cost of the assets to the assessee, reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by any other person

DCIT, NEW DELHI vs. M/S. DHARA VEGETABLE OIL AND FOODS COMPANY LTD., NEW DELHI

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

Bench: Shri N.K. Billaiya & Smt Beena A. Pillai[A.Y 2003-04] The Dy. C.I.T Vs. M/S Dhara Vegetable Oil & Foods Circle – 5(1) Company Ltd [Now Amalgamated New Delhi With Mother Dairy Fruit & Vegetable Pvt. Ltd, Mother Dairy, Patparganj, New Delhi Pan : Aaccm 3174 A [Appellant] [Respondent] Date Of Hearing : 25.09.2018 Date Of Pronouncement : 11.10.2018

iv) of sub section (1) of section 35 of the I T. Act. In the assessment order the AO has disallowed

MANKIND PHARMA LIMITED,DELHI vs. DCIT, CIRCLE-1(1)(1), MEERUT

In the result, the additional Ground No

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

35(2AB) of the Act Disallowance w.r.t. deduction claimed under Section 6,38,13,601 80G of the Act on account of donations given 14. Aggrieved by the adjustments made to the returned income, the assessee preferred appeal before the Tribunal. 15. As regards impugned adjustments to the deductions eligible under s.80IC & s.80IE of Act in terms of section 80IA

A2Z INFRASERVICES LIMITED,HARYANA vs. DCIT CENTRAL CIRCLE 27, DELHI

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

Bench: Shri Challa Nagendra Prasad & Shri S Rifaur Rahmanिनधा"रणवष"/Assessment Year: 2017-18 बनाम A2Z Infra Services Limited Dcit, O-116, 1St Floor, Dlf Shopping Mall, Vs. Central Circle-2, Arjun Nagar, Dlf Phase-1, Shankar Chowk, Phase-V, Gurgaon, Haryana. Udyog Vihar, Sector-19, Gurugram, Haryana. Pan No.Aahca0139L अपीलाथ" Appellant ""यथ"/Respondent & िनधा"रणवष"/Assessment Year: 2019-20 बनाम A2Z Infra Services Limited Dcit, O-116, 1St Floor, Dlf Shopping Mall, Vs. Central Circle-27, Arjun Marg, Dlf Qe S.O., New Delhi. Sikanderpur, Gurgaon, Haryana. Pan No.Aahca0139L अपीलाथ" Appellant ""यथ"/Respondent

35,588/- any fund set up under the provisions of ESI Act, 1948 1,72,25,525/- Total 11,15,61,113/-. 2. That no additions u/s 36(1)(va) could be done, as per the mandate of u/s 143(1)(a), thus there wa no adherence of relevant section and therefore it is clear cut case of mistake

A2Z INFRASERVICES LIMITED,GURGAON vs. DCIT, CENTRAL CIRCLE-2, FARIDABAD

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

Bench: Shri Challa Nagendra Prasad & Shri S Rifaur Rahmanिनधा"रणवष"/Assessment Year: 2017-18 बनाम A2Z Infra Services Limited Dcit, O-116, 1St Floor, Dlf Shopping Mall, Vs. Central Circle-2, Arjun Nagar, Dlf Phase-1, Shankar Chowk, Phase-V, Gurgaon, Haryana. Udyog Vihar, Sector-19, Gurugram, Haryana. Pan No.Aahca0139L अपीलाथ" Appellant ""यथ"/Respondent & िनधा"रणवष"/Assessment Year: 2019-20 बनाम A2Z Infra Services Limited Dcit, O-116, 1St Floor, Dlf Shopping Mall, Vs. Central Circle-27, Arjun Marg, Dlf Qe S.O., New Delhi. Sikanderpur, Gurgaon, Haryana. Pan No.Aahca0139L अपीलाथ" Appellant ""यथ"/Respondent

35,588/- any fund set up under the provisions of ESI Act, 1948 1,72,25,525/- Total 11,15,61,113/-. 2. That no additions u/s 36(1)(va) could be done, as per the mandate of u/s 143(1)(a), thus there wa no adherence of relevant section and therefore it is clear cut case of mistake

EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

disallowance of Rs.54,031 is again made while computing total income in impugned order. Re: Ground of Appeal No.6: Interest u/s 234B/D 87. The assessing officer erred on facts and in law in charging/ computing interest under sections 234B and 234D of the Act. Re: Ground of Appeal No.7:Penalty u/s 271AAC and 270A 88. The assessing officer grossly erred

ASIA SATELLITE TELECOMMUNICATIONS CO. LTD. vs. DIRECTOR OF INCOME TAX

The appeal of the Revenue is dismissed

disallowing provisions thereof would be inapplicable. 23. As regards the levy of interest under Sections 234A and 234B was concerned, the Tribunal held that the appellant would be liable to pay interest under Section 234A. However, with regard to levy of interest under Section 234B, the Tribunal held that if the receipt of income by the appellant was of such

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

35 taxmann.com 638/217 Taxman 114/ [2014] 361ITR 192, where the facts were similar to those in the present case. The court therein rejected the Revenue's contention that non-deduction of TDS on reimbursement expenses would lead to disallowance of such reimbursement expenditure. The court noted that the payee therein had already deducted tax on the various payments made

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

35 taxmann.com 638/217 Taxman 114/ [2014] 361ITR 192, where the facts were similar to those in the present case. The court therein rejected the Revenue's contention that non-deduction of TDS on reimbursement expenses would lead to disallowance of such reimbursement expenditure. The court noted that the payee therein had already deducted tax on the various payments made

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

35 taxmann.com 638/217 Taxman 114/ [2014] 361ITR 192, where the facts were similar to those in the present case. The court therein rejected the Revenue's contention that non-deduction of TDS on reimbursement expenses would lead to disallowance of such reimbursement expenditure. The court noted that the payee therein had already deducted tax on the various payments made

B4S SOLUTION P.LTD,GHAZIABAD vs. ACIT, CIRCLE-4(2), NEW DELHI

In the result, Appeal filed by the assessee is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar U.S.

disallowed under Section 43- B which, as stated above, was inserted with effect from 1-4-1984 . 22. It is important to note once again that, by the Finance Act, 2003, not only is the second proviso deleted but even the first proviso is sought to be amended by bringing about a uniformity in tax, duty, cess

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

1-4-2013: Provided further that where an assessee fails to deduct the whole or any part of the tax in accordance with the provisions of Chapter XVH-B on any such sum but is not deemed to be an assessee in default under the first proviso to sub-section (I) of section 201, then, for the purpose of this