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

section 36(1)(viii). This addition may kindly be deleted. 6. That the disallowances made/upheld and the observations made are unjust, unlawful and based on mere surmises and conjectures. additions/disallowances made cannot be justified by any material on record and in any case they are excessive. 7. That the explanation given and the evidence produced, material placed and available

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

section 36(1)(viii). This addition may kindly be deleted. 6. That the disallowances made/upheld and the observations made are unjust, unlawful and based on mere surmises and conjectures. additions/disallowances made cannot be justified by any material on record and in any case they are excessive. 7. That the explanation given and the evidence produced, material placed and available

SURENDER KUMAR,HARYANA vs. ADIT,CPC, BANGALORE

Bench: Sh. Saktijit Deydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 1045/Del/2021 : Asstt. Year : 2018-19 Surender Kumar, Vs Adit, M Sahu & Associates, Ca, House No. Cpc, 651, 1St Floor, Sector-10A, Near Union Bangalore Bank Of India, Gurgaon, Haryana-122001 (Appellant) (Respondent) Pan No. Agupk6911C Assessee By : Sh. M. R. Sahu, Ca Revenue By : Sh. Umesh Takyar, Sr. Dr Date Of Hearing: 10.03.2022 Date Of Pronouncement: 15.03.2022

40 taxmann.com 482 relied upon by the assesee and confirm the addition on relying upon the CBDT Circular No.22/2015, dated 17/12/2015 without appreciating the fact that CBDT Circulars cannot override the binding judicial precedents of the jurisdiction High Court. 5. That CIT(A)-NFAC; Delhi erred in applying the amendment brought in by the Finance Act, 2021 in the provisions

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]

40(b)/40(a)(ia) of the Act (ba), serial number 21(e)- the provision for payment of gratuity not allowable under section 40A(7), serial number 21(f)- any sum paid by the assessee as an employer not allowable under section 40A(9), serial number 21(h) amount of deduction inadmissible in terms of section 14A etc, there

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

disallowed. We do not think that the language of Sub-section (5) of Section 40A of the Act provides for or permits such a course. Sub-section (5) applies where an assessee claims a certain deduction saying that he has spent that money in providing, directly or indirectly, either as salary to an employee or in the provision of perquisite

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)

1) was passed in breach of the provisions of section 144B of the Act and directed the assessing officer to spell out the reasons for the same in the final assessment order. The DRP, in para 3.1.1 of DRP order observed that “…..An order u/s 144C was issued subsequent to the aforesaid notice vide order dated 21.09.2021, breeching the provisions

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

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

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

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

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

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

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

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

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

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

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

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

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

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

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

40. Briefly stated, in the assessment proceedings under Section 153A, the Assessing Officer inter alia observed that a sum of Rs.5,77,02,769/- has been claimed as deduction towards share issue expenses for Assessment Year 2012- 13. The Assessing Officer alleged that the expenses incurred are in the nature of capital expenditure as per Hon’ble Supreme Court decision

ACIT, CIRCLE 10(2), NEW DELHI vs. GREEN INFRA WIND FARM ASSETS LTD., GURUGRAM

In the result, the appeal of the Revenue is dismissed

disallowance under section 36(1)(iii) of INR\n1,89,40,151/-. The AO also disallowed half percent of the average

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

disallowance of income would not arise. In other words, once\nthe registration is withdrawn, then the expression provided in Section\n13(1)(c) of the Act that such part of the diverted income shall get\ntaxed becomes otiose. That situation would never arise since the entire\nexemption would be denied once the registration is cancelled. Hence we\nare convinced that

ACIT CIRCLE 54(1), NEW DELHI vs. SWADESH KUMAR MISHRA, GURGAON

In the result, appeal filed by the assessee i

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

disallowance under Section 40(a)(ia) of the Act can be made by the Ld. AO in view of the 2nd Proviso to Section 40(a)(ia) r.w.s. First Proviso to Section 201(1

ADDL.CIT, SPECIAL RANGE-1, NEW DELHI vs. DINESH KUMAR MATHUR, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

disallowance under Section 40(a)(ia) did not arise. Recently, in case of CIT vs. Ansal Land Mark Township (P) Ltd. [2015) 61 taxmann.com 45 (Delhi) Decided on 03.09.2015 by the Hon’ble Delhi High- Court, it was held that what is common to both proviso to Section 40(a)(ia) and Section 210(1