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

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

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

DCIT,C-11(1), NEW DELHI vs. HERO MOTOCORP LTD.,, NEW DELHI

Appeal of the Revenue is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

43 by following the orders passed for the assessment years 2010-2011 to 2013- 14. In view of the above, the disallowance made by the assessing officer was rightly deleted by the CIT(A). Ground no. 15: Disallowance of reimbursement of foreign traveling expenses to directors/employees Facts: In the course of discharge of official duties, the employees of the company

COMMISSIONER OF INCOME TAX vs. INDIA PVT. LTD.

The appeal is dismissed

43-A made in 1967. In fact, it is noted in the judgment itself that “in the instant case, there is no scope for application of Section 43A.” 16. Therefore, the judicially accepted position appears to be that in determining whether there has in fact been accrual of liability or income, the accountancy standards prescribed by the ICAI would have

COMMISSIONER OF INCOME TAX vs. WOODWARD GOVERNOR INDIA PVT. LTD.

The appeal is dismissed

43-A made in 1967. In fact, it is noted in the judgment itself that “in the instant case, there is no scope for application of Section 43A.” 16. Therefore, the judicially accepted position appears to be that in determining whether there has in fact been accrual of liability or income, the accountancy standards prescribed by the ICAI would have

HERO MOTO CORP LTD.,NEW DELHI vs. NEAC, DELHI

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

43,08,839 under section 1l5JB of the Act. Re: Transfer Pricing Adjustment under section 92CA relating to inter unit transfer 2. That the assessing officer/ Transfer Pricing Officer („TPO‟) erred on facts and in law in partly disallowing

RELIGARE FINVEST LTD,NEW DELHI vs. ADDL.CIY, RANGE-21, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

section 14A of the Act deleted by Ld CIT(A). Thus, both, the grounds raised by the assessee as well as the Revenue are dismissed. 11. The ground No.1 of the appeal of the Revenue and additional ground No.4 of the appeal of the assessee are related to disallowance on account of provision for expenses. 11.1 Brief facts

M/S RELIGARE FINVEST LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

section 14A of the Act deleted by Ld CIT(A). Thus, both, the grounds raised by the assessee as well as the Revenue are dismissed. 11. The ground No.1 of the appeal of the Revenue and additional ground No.4 of the appeal of the assessee are related to disallowance on account of provision for expenses. 11.1 Brief facts

ACIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD., NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

section 14A of the Act deleted by Ld CIT(A). Thus, both, the grounds raised by the assessee as well as the Revenue are dismissed. 11. The ground No.1 of the appeal of the Revenue and additional ground No.4 of the appeal of the assessee are related to disallowance on account of provision for expenses. 11.1 Brief facts

ACIT,, NEW DELHI vs. M/S RELIGARE FINVEST LTD.,, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

section 14A of the Act deleted by Ld CIT(A). Thus, both, the grounds raised by the assessee as well as the Revenue are dismissed. 11. The ground No.1 of the appeal of the Revenue and additional ground No.4 of the appeal of the assessee are related to disallowance on account of provision for expenses. 11.1 Brief facts

M/S. DHARAMPAL SATYAPAL LTD.,DELHI vs. ACIT, NEW DELHI

Bench: Shri Amit Shukla & Sh. Prashant Maharishi(Through Video Conferencing) Assessment Year: 2012-13 M/S. Dharampal Satyapal Ltd. Acit, 1711, S. P. Mukherjee Marg, Vs Central Circle – 29, Delhi-110006 New Delhi Pan No. Aaacd0132H (Appellant) (Respondent) Appellant By Sh. R. S. Singhavi, Ca Sh. Satyajeet Goel, Ca Respondent By Sh. Sanjay I. Bara, Cit Dr Date Of Hearing: 28/08/2020 Date Of Pronouncement: 07/10/2020 Order

43(5)(d) and as such the disallowance is based on erroneous interpretation of law. 7(i) That on facts and circumstances of the case, the Ld. Assessing officer has erred in disallowing claim of statutory deduction under section

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

section 43(5), without appreciating that the net amount of loss disallowed in the assessment order related to reinstatement of trade

M/S. BECHTEL INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

section 43(5) are applicable where a part of the contract or the entire contract has been settled otherwise than by actual delivery of the goods". 51 Asstt.Year: 2009-10 • Also in the case of R. Chinnaswami Chettiar v. CIT [1974J 96 ITR 353 (Mad.) it was noted that "the emphasis in section 43

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

In the result, the appeal of the assessee is allowed

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahu

disallowance accordingly. 9. Section 43(1) reads as under: “43. In sections 28 to 41 and in this section, unless

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

In the result, the appeal of the assessee is allowed

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm It(Tp)A No. 5623/Del/2012 : Asstt. Year : 2008-09 M/S Continental Device India Ltd., Vs Dy. Commissioner Of Income Tax C-120, Naraina Industrial Area, Circle-3(1), New Delhi-110028 New Delhi (Appellant) (Respondent) Pan No. Aaacc1835E Assessee By : Sh. R. K. Kapoor, Ca Revenue By : Sh. Ravi Jain, Cit Dr Date Of Hearing : 28.10.2015 Date Of Pronouncement : 31.12.2015 Order Per N. K. Saini, Am:

disallowance accordingly. 9. Section 43(1) reads as under: “43. In sections 28 to 41 and in this section, unless

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

section 32(l)(iia) of the Act. 43. That the assessing officer erred on facts and in law in disallowing

STEEL AUTHORITY OF INDIA LTD vs. COMISSIONER OF INCOME TAX

The appeals are dismissed with no costs

Section 43(1) were not applicable, appears to be completely misplaced. The reduction in the value of the assets was occasioned by the waiver of the loan by the Government and the amount of reduction was to the extent of accretion in capitalized interest.” 2012:DHC:2259-DB ITA 37/2010 & conn. Page 5 of 16 In this view