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

ACIT, NEW DELHI vs. M/S. 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

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

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

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

ARVIND KUMAR AGARWAL,DELHI vs. ITO,WARD-18(1), DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduction; (ii) no loss referred to in sub-section (1) of section 72 or subsection (1) or sub-section (3) of section 74, in so far as such loss relates

C & C CONSTRUCTIONS LIMITED,NEW DELHI vs. DCIT, CENTRAL CIRCLE-19, NEW DELHI

In the result, the appeals in ITA No

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaita Nos. 1543 & 1544/Del/2022 (Assessment Years : 2013-14 & 2014-15) C & C Constructions Ltd. Vs. Dcit 74, Hemkunt Colony, Central Circle – 19 New Delhi – 110 048 New Delhi Pan No. Aaacc 4543 R (Appellant) (Respondent) Assessee By Shri Sibtain Raza, A.R. Revenue By Shri Javed Akhtar, Cit-D.R. Date Of Hearing: 25.05.2023 Date Of Pronouncement: 30.05.2023 Order Per Anil Chaturvedi, Am: These Two Appeals Filed By The Assessee Are Directed Against The Order Dated 28.04.2022 Passed By The Commissioner Of Income Tax (Appeals)-27, New Delhi Relating To Assessment Years 2013-14 & 2014-15. 2. Before Us, At The Outset, Both The Parties Submitted That Though The Appeals Filed By The Assessee Are For Two Different Assessment Years But The Facts & Issues Involved In Both The Appeals Are Identical Except For The Assessment Year & The

35,90,57,341/-. Notice u/s 143(2) of the Act was served upon the assessee. Thereafter, the case was selected for scrutiny and assessment was framed u/s 143(3) of the Act vide order dated 30.03.2016 determining the total loss of Rs.1,32,62,46,095/-. 5. Aggrieved by the order of AO, assessee carried the matter before

C & C CONSTRUCTIONS LIMITED,NEW DELHI vs. DCIT, CENTRAL CIRCLE-19, NEW DELHI

In the result, the appeals in ITA No

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaita Nos. 1543 & 1544/Del/2022 (Assessment Years : 2013-14 & 2014-15) C & C Constructions Ltd. Vs. Dcit 74, Hemkunt Colony, Central Circle – 19 New Delhi – 110 048 New Delhi Pan No. Aaacc 4543 R (Appellant) (Respondent) Assessee By Shri Sibtain Raza, A.R. Revenue By Shri Javed Akhtar, Cit-D.R. Date Of Hearing: 25.05.2023 Date Of Pronouncement: 30.05.2023 Order Per Anil Chaturvedi, Am: These Two Appeals Filed By The Assessee Are Directed Against The Order Dated 28.04.2022 Passed By The Commissioner Of Income Tax (Appeals)-27, New Delhi Relating To Assessment Years 2013-14 & 2014-15. 2. Before Us, At The Outset, Both The Parties Submitted That Though The Appeals Filed By The Assessee Are For Two Different Assessment Years But The Facts & Issues Involved In Both The Appeals Are Identical Except For The Assessment Year & The

35,90,57,341/-. Notice u/s 143(2) of the Act was served upon the assessee. Thereafter, the case was selected for scrutiny and assessment was framed u/s 143(3) of the Act vide order dated 30.03.2016 determining the total loss of Rs.1,32,62,46,095/-. 5. Aggrieved by the order of AO, assessee carried the matter before

KAPIL KUMAR NEHRA ,GURGAON vs. ITO WARD 2(2) , GURGAON

In the result, the appeals in ITA No

Bench: Sh. Anil Chaturvedikapil Kumar Nehra Vs. Ito 435/16, Nawal Cottage Ward – 2(2) Civil Line Near Pushpanjali Gurgaon Hospital, Gurgaon – 122 001

35,400/-. 4. Aggrieved by the adjustment made by CPC, Bangalore u/s 143(1), assessee carried the matter before CIT(A) who vide order dated 14.09.2022 in Appeal No. NFAC/2018-19/10022934 dismissed the appeal of the assessee. Aggrieved by the order of CIT(A), assessee is now in appeal and has raised the following grounds : i. “That the order

ALP OVERSEAS PVT LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE-20, NEW DELHI

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

Bench: Shri Pradip Kumar Kedia & Shri Vimal Kumarassessment Year: 2018-19 Alp Overseas Pvt. Ltd., Vs. Acit, 25/3, Anbrose House, Central Circle -20, East Patel Nagar, New Delhi New Delhi Pin 1100 08 Pan No. Aaacg6366L (Appellant) (Respondent)

disallowance of revenue expenditure under Section 35(2AB) is, in fact, also eligible for a business deduction under Section 35(1) of the Act. It is submitted that all necessary and relevant details regarding the incurrence of the expenses 3 have been duly submitted during the assessment proceedings. These documents provide evidence of the actual occurrence and legitimacy

(Now known as Sony India Limited)

Sections (1) and (2) to Section 92C are applicable to the assessed, as well as the Assessing Officer invoking power under Sub-Section (3) to Section 92C of the Act. As noted above, sub-section (2) to Section 92C stipulates that most appropriate method, out of the methods specified in sub-section (1) shall be applied to determine

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

In the result, all the three captioned appeals of the

Bench: Shri N.K. Billaiya & Shri Kul Bharat

disallowance. The assessee must succeed for this reason as well.” 9. With our utmost respect to the findings of the co-ordinate bench [supra], we are of the considered view that the co-ordinate bench has ignored the binding ratio decidendi of the Hon'ble Supreme Court in the case of Checkmate Services Pvt Ltd [supra]. It would be pertinent

KRISHAN PAL,NEW DELHI vs. ITO,WARD-34(1), DELHI

In the result, all the three captioned appeals of the

Bench: Shri N.K. Billaiya & Shri Kul Bharat

disallowance. The assessee must succeed for this reason as well.” 9. With our utmost respect to the findings of the co-ordinate bench [supra], we are of the considered view that the co-ordinate bench has ignored the binding ratio decidendi of the Hon'ble Supreme Court in the case of Checkmate Services Pvt Ltd [supra]. It would be pertinent

SAVLEEN KAUR,NEW DELHI vs. ITO, WARD-54 (4), DELHI

In the result, all the three captioned appeals of the

Bench: Shri N.K. Billaiya & Shri Kul Bharat

disallowance. The assessee must succeed for this reason as well.” 9. With our utmost respect to the findings of the co-ordinate bench [supra], we are of the considered view that the co-ordinate bench has ignored the binding ratio decidendi of the Hon'ble Supreme Court in the case of Checkmate Services Pvt Ltd [supra]. It would be pertinent

ACIT, CIRCLE-49(1) , DELHI vs. AERO CLUB , DELHI

In the result, all the three captioned appeals of the

Bench: Shri N.K. Billaiya & Shri Kul Bharat

disallowance. The assessee must succeed for this reason as well.” 9. With our utmost respect to the findings of the co-ordinate bench [supra], we are of the considered view that the co-ordinate bench has ignored the binding ratio decidendi of the Hon'ble Supreme Court in the case of Checkmate Services Pvt Ltd [supra]. It would be pertinent