A2Z MAINTENANCE & ENGINEERING SERVICES LTD.,GURGAON vs. DCIT, CENTRAL CIRCLE-II, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

2,33,69,140/- on forward trading in commodities. The AD treated the transaction as speculative loss and therefore did not allow the loss. This disallowance was upheld by CIT(A). Thereafter, A0 imposed penalty u/s 271(1)(c) of the Act on this disallowance. 5.3.3 In the case of DCIT v/s Shree Ram Electrocast (P) Ltd [2017] 84 taxmann.com

INFRA ENGINEERS LTD.,GURGAON vs. DCIT, CC-2, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

2,33,69,140/- on forward trading in commodities. The AD treated the transaction as speculative loss and therefore did not allow the loss. This disallowance was upheld by CIT(A). Thereafter, A0 imposed penalty u/s 271(1)(c) of the Act on this disallowance. 5.3.3 In the case of DCIT v/s Shree Ram Electrocast (P) Ltd [2017] 84 taxmann.com

DCIT CC-2 , FARIDABAD vs. A2Z MAINTENANCE AND ENGINEERING SERVICES LTD., GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

2,33,69,140/- on forward trading in commodities. The AD treated the transaction as speculative loss and therefore did not allow the loss. This disallowance was upheld by CIT(A). Thereafter, A0 imposed penalty u/s 271(1)(c) of the Act on this disallowance. 5.3.3 In the case of DCIT v/s Shree Ram Electrocast (P) Ltd [2017] 84 taxmann.com

DCIT-CENTRAL CIRCLE-2, FARIDABAD vs. A2Z INFRA ENGINEERS LTD., GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

2,33,69,140/- on forward trading in commodities. The AD treated the transaction as speculative loss and therefore did not allow the loss. This disallowance was upheld by CIT(A). Thereafter, A0 imposed penalty u/s 271(1)(c) of the Act on this disallowance. 5.3.3 In the case of DCIT v/s Shree Ram Electrocast (P) Ltd [2017] 84 taxmann.com

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

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

2,33,69,140/- on forward trading in commodities. The AD treated the transaction as speculative loss and therefore did not allow the loss. This disallowance was upheld by CIT(A). Thereafter, A0 imposed penalty u/s 271(1)(c) of the Act on this disallowance. 5.3.3 In the case of DCIT v/s Shree Ram Electrocast (P) Ltd [2017] 84 taxmann.com

A2Z INFRA ENGINEERING LIMITED,GURGAON vs. CCIT- CENTRAL CIRCLE-2, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

2,33,69,140/- on forward trading in commodities. The AD treated the transaction as speculative loss and therefore did not allow the loss. This disallowance was upheld by CIT(A). Thereafter, A0 imposed penalty u/s 271(1)(c) of the Act on this disallowance. 5.3.3 In the case of DCIT v/s Shree Ram Electrocast (P) Ltd [2017] 84 taxmann.com

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

2)(c)(iv) whereby expenditure incurred in connection with the issue of public subscription of shares of a company of the nature specified therein, qualifies for amortization under Section 35D(1) of the Act. Insofar as the nature of the instant expenditure having been incurred in connection with the issue of shares is concerned, there is no dispute between

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

2)(c)(iv) whereby expenditure incurred in connection with the issue of public subscription of shares of a company of the nature specified therein, qualifies for amortization under Section 35D(1) of the Act. Insofar as the nature of the instant expenditure having been incurred in connection with the issue of shares is concerned, there is no dispute between

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

2)(c)(iv) whereby expenditure incurred in connection with the issue of public subscription of shares of a company of the nature specified therein, qualifies for amortization under Section 35D(1) of the Act. Insofar as the nature of the instant expenditure having been incurred in connection with the issue of shares is concerned, there is no dispute between

DCIT, CIRCLE 22(2), NEW DELHI, NEW DELHI vs. SAHIL VACHANI, DELHI

Appeal of the Revenue stands dismissed

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Vikas Awasthy& Shriavdhesh Kumar Mishraआअसं.2604/िद"ी/2023(िन.व. 2016-17)

disallowance of deduction under section 54F of the Act and consequential appellate orders in the favour of the respondent/assessee. Thus,the case in hand and Reliance Petroproducts Pvt. Ltd. (supra) areheld distinguishable on facts.Accordingly, the decision of the Hon’ble Supreme Court in the case of Reliance Petroproducts Pvt. Ltd. (supra), in my considered opinion, is not applicable in this

JUBILANT ORGANOSYS LTD.,NOIDA vs. ADDL. CIT, MORADABAD

The appeal is dismissed

Bench: Smt Beena A. Pillai & Shri Prashant Maharishi

disallowance of INR 516339/- under section 35D of the act. Assessee has claimed deduction under section 35D of act amounting to INR 516339/- for share issue expenses incurred by amalgamating companies. The claim of assessee is that it has been allowed to assessee in previous assessment years and this being last year of said claim, it should be allowed

ACIT, MORADABAD vs. M/S. JUBILANT ORGANOSYES LTD., UTTAR PRADESH

The appeal is dismissed

Bench: Smt Beena A. Pillai & Shri Prashant Maharishi

disallowance of INR 516339/- under section 35D of the act. Assessee has claimed deduction under section 35D of act amounting to INR 516339/- for share issue expenses incurred by amalgamating companies. The claim of assessee is that it has been allowed to assessee in previous assessment years and this being last year of said claim, it should be allowed

ACIT, MORADABAD vs. M/S JUBLIANT ORGANOSYS LTD., UTTAR PRADESH

The appeal is dismissed

Bench: Smt Beena A. Pillai & Shri Prashant Maharishi

disallowance of INR 516339/- under section 35D of the act. Assessee has claimed deduction under section 35D of act amounting to INR 516339/- for share issue expenses incurred by amalgamating companies. The claim of assessee is that it has been allowed to assessee in previous assessment years and this being last year of said claim, it should be allowed

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

disallowed on the ground of the same being contingent in nature. He further submitted that similar provision for increase in prices as at the end of the year was accepted and allowed in Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page

VATIKA LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

C) of the income tax act, 1961 by the learned Deputy Commissioner Of Income Tax, central circle – 20, New Delhi for the Assessment Year 2008-09 as per order dated 28/3/2013 of INR 9507003/–. 2. The assessee has raised the following grounds of appeal in ITA No. 6476/Del/2013:- “1. That the learned CIT (A) has erred both

IFCI LTD. vs. ADDL. CIT, CIRCLE-11(1),,

In the result ITA number 2205/Del/2005 filed by the learned assessing officer is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

disallow the same in the subsequent year under consideration by the ITAT. b. In VLS Finance Ltd. v.ACIT, Central Circle 21, New Delhi,[2019] 104 taxmann.com 297 (Delhi - Trib.), the Hon‟ble ITAT, Delhi allowed the deduction of preliminary expenses under Section 35D of the IT Act in order to adhere to the principle of consistency. 7. Further

DCIT, CIRCLE-II(I) vs. I.F.C.I. LTD.,,

In the result ITA number 2205/Del/2005 filed by the learned assessing officer is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

disallow the same in the subsequent year under consideration by the ITAT. b. In VLS Finance Ltd. v.ACIT, Central Circle 21, New Delhi,[2019] 104 taxmann.com 297 (Delhi - Trib.), the Hon‟ble ITAT, Delhi allowed the deduction of preliminary expenses under Section 35D of the IT Act in order to adhere to the principle of consistency. 7. Further

DCIT, NEW DELHI vs. M/S. GRANITE GATE PROPERTIES PVT. LTD., NEW DELHI

Bench: Shri H.S. Sidhu & Shri Anadi N Mishra

disallowed in computing the total income of such person as a result thereof shall, for the purposes of clause (c) of this sub-section, be deemed to represent the income in respect of which particulars have been concealed." 2.2.1 During assessment proceedings for A Y 2010-11, the AO asked explanation vide order sheet entry dated 24.10.2012. In response, reply