VINAY PRAKASH (HUF),NEW DELHI vs. ACIT, CIRCLE-42(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

Section 43(5) of the Act. This being the position, the loss arising from derivative transaction has been incorrectly disallowed

VISHNU KUMAR AGGARWAL,DELHI vs. ITO WARD 46(5), NEW DELHI

In the result, the appeal filed by the assessee is dismissed

Bench: Shri C.M. Gargassessment Year: 2015-16 Vishnu Kumar Aggarwal, Vs. Ito, 3762/64, Chawri Bazar, Ward-46(5), New Delhi. New Delhi. Pan: Aarpk3173D (Appellant) (Respondent) Assessee By : None Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 02.05.2022 Date Of Pronouncement : 18.05.2022 Order

43(5) of the Act. It was also contended by the assessee that the ld.CIT(A) has erred in disallowing the benefit 2 of carried forward speculative business loss without going through the provisions of sections

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

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

5,55,50,685 IRFC(Tax Free)-6.70% 96,78,288 IRFC-7.18% 1.83,21,712 HUDCO-7.34% 1,83,50,000 HUDCO-8.51% 45,46,438 NHPC-8.18% 54,13,927 PFC-8.18% 98,71,812 Total 15,11,45,290 Detailed working of disallowance under section 14A of the Act computed in terms of provisions of clause

COMMISSIONER OF INCOME TAX vs. INDIA PVT. LTD.

The appeal is dismissed

5) of the Income Tax Act 1922 while interpreting the expression “actual cost.” The Supreme Court held (ITR, p. 173): “as the expression actual cost has not been defined, it should, in our opinion, be construed in the sense which no commercial man would misunderstand. For this purpose it would be necessary to ascertain the connotation of the above expression

CIT V vs. NASA FINELEASE P LTD.

Section 43 (5) of the Act. The loss was disallowed. 5. CIT (Appeals) observed that Section 43(5)(d) was operative

PCL FOODS PVT. LTD.,GURGAON vs. ADDI CIT, NATIONAL E- ASSESMENT CENTRE, NEW DELHI

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

Bench: Ms. Madhumita Roy & Shri Brajesh Kumar Singh[Assessment Year: 2016-17] Pcl Foods Private Limited, Additional / Joint/ Unit No.-219, Plot No. 2, Deputy/Assistant Vardhman Crown Mall, Lsc, Vs Commissioner Of Income Sector 19, Dwarka, New Tax/ Income Tax Officer, Delhi-110075. National E-Assessment Centre, Delhi. Pan- Aahcp3493L Assessee Revenue

disallowing loss 3,69,12,311/- and brokerage and commission expense 36,49,338/- in respect of Currency Derivatives aggregating 4,05,61,649/-by- a. Holding that transactions done in currency derivatives do not fall in clause (d) of proviso to section 43(5

BRIJ GOPAL CONSTRUCTION COMPANY (P) LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-3, DELHI

In the result, assessee’s appeal is allowed

Bench: Shri M Balaganesh & Ms. Madhumita Royassessment Year: 2017-18

disallowance under Section 14A read with Rule 8D at 3,20,962/- and levied penalty of 99,177/-. Since the facts are identical, for the detailed discussion in the earlier part of this order, we cancel the penalty levied under Section 271(1)(c). x) ITA No. 5481/D/2019 dated 2.8.2024 Rukmani Wires Pvt. Ltd. vs. DCIT 11. Since, we have

DCIT, CIRCLE-24(2), NEW DELHI vs. STERLING AGRO INDS. LTD, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Shamim Yahya & Shri C.M. Gargassessment Year: 2016-17 Dcit, Vs. Sterling Agro Inds. Ltd., 11Th Floor, Circle-24(2), New Delhi. Agarwal Cyber Plaza-Ii, Netaji Subhash Place, New Delhi. Pan: Aaacs2278R (Appellant) (Respondent) Assessee By : Shri Amit Sharma, Advocate Revenue By : Shri Sanjay Kumar, Cit-Dr Date Of Hearing : 05.07.2022 Date Of Pronouncement : 22.07.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld.Cit(A)-8, New Delhi, Dated 27.11.2019, Relating To Assessment Year 2016.- 17. 2. The Sole Ground Of Appeal Raised By The Revenue In This Appeal Reads As Follows:- “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Erred In Deleting The Addition Made By The Ao On Account Of Disallowance Of Deduction U/S 80Ia Of The Income-Tax Act, 1961 Amounting To Rs.12,63,07,697/-.”

section 801A of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case, the Id CIT(A) has erred in law in deleting the disallowance of Rs. 469.01 lakhs under Rule 8D(2)(ii) by ignoring the mandatory provisions of Rule 8D w.r.s. 14A of the Income

COMMISSIONER OF INCOME TAX vs. GORA MAL HARI RAM LTD

The appeal is dismissed

Section 43(5) of the Income Tax Act, 1961 (hereinafter referred to as „the said Act‟). Consequently, the A i Offi ll th C i i f I T (A l ) 2010:DHC:875-DB disallowed

ACIT, CC- 1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORP. LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

SAHARA INDIA,KOLKATA vs. DCIT, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

ACIT, CENTRAL CIRCLE-1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORP. LTD, LUCKNOW

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

ACIT, CENTRAL CIRCLE- 1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORPORATION, KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

DCIT CENTRAL CIRCLE-01, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORPORATION LTD. , KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

SAHARA INDIA COMMERCIAL CORP. LTD.,KOLKATA vs. ACIT, CC- 1, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

ACIT, CC- 1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORP. LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

DCIT, NEW DELHI vs. M/S. SAHARA INDIA COMMERCIAL CORPORATION LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded

SAHARA INDIA COMMERCIAL CORPN. LTD.,KOLKATA vs. ACIT, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

5 & 7 to 11 of the above table would mutatis mutandis apply to the instant appeal. Accordingly, the said grounds are dismissed for parity of reasons. Disallowance u/s.14A of the Act:- 63. The assessee in ground no. 1 of its appeal has assailed the disallowance made by AO u/s.14A r.w.r 8D. On the ground that the AO has not recorded