M/S. FCML PROJECTS,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri S.V. Mehrotra & Shri Rajpal Yadavassessment Year : 2009-10 Fcml Projects, Acit, Circle- 28(1), A-217, Vs. New Delhi. Okhla Indl. Area, Phase-1, New Delhi. Pan : Aaaff 1343 H (Appellant) (Respondent) Assessment Year : 2010-11 Fcml Projects, Acit, Circle- 28(1), A-217, Vs. New Delhi. Okhla Indl. Area, Phase-1, New Delhi. Pan : Aaaff 1343 H (Appellant) (Respondent)

43C essentially deal with business income. Sections 30 to 38 deal with deductions. Sections 40A and 43B deal with business disallowances

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

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

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

VOCATIONAL EDUCATION FOUNDATION,NEW DELHI vs. JCIT, EXEMPTION RANGE, GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

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

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

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

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

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

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

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

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

HARISH CHAND RAM KALI CHARITABLE TRUST,GHAZIABAD vs. ADDL. CIT, GHAZIABAD

In the result, we allow appeal of the assessee partly

Bench: Ms. Sushma Chowla & Shri Prashant Maharishiharish Chand Ram Kali Vs. The Addl Commissioner Of Charitable Trust Income Tax Kf-91, Kavi Nagar Range-1 Ghaziabad Ghaziabad Up Up Pan: Aath3018B (Appellant) (Respondent)

disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee. Though

DCIT (EXEMPTION), NEW DELHI vs. M/S. NAV NIRMAN SEWA SAMITI, DELHI

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

Bench: Shri O.P. Kant & Shri Kuldip Singh[Through Video Conferencing]

disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee. Though

ITO (EXEMPTIONS), NEW DELHI vs. M/S. INDIAN HOCKEY FEDERATION, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Shri O.P. Kantasstt. Year: 2010-11 Ito (Exemptions) India Hockey Ward-1(2), Room No. 2417, Federation 30/7, 24Th Floor, E-2-Block, West Patel Nagar Pratyaksh Kar Bhawan, New Delhi Vs. Dr. Shyama Prasad Pan Aaaji0054N Mukherjee Civic Centre, Jawahar Lal Nehru Marg New Delhi – 110 002 (Appellant) (Respondent)

disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee. Though

DCIT(E), NEW DELHI vs. GOODEARTH FOUNDATION, NEW DELHI

In the result, the grounds of appeal Nos

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2010-11 Dcit(E), Vs. Goodearth Foundation, Circle-1(1), Eicher House, Civic Centre, 12, Commercial Complex, New Delhi. Greater Kailash-Ii, New Delhi. Pan: Aaatg5663R

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

ITO (EXEMPTIONS), NEW DELHI vs. M/S. S.S. MOTA SINGH (NILA) CHARITABLE TRUST, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2007-08 Ito(Exemptions), Vs. S.S. Mota Singh(Nila) Ward-2(1),New Delhi Charitable Trust, C-103, 10Th Floor, Himalaya House, K.G. Marg, New Delhi Pan :Aaats3761J (Appellant) (Respondent) Appellant By Shri Praveen Kumar, Sr.Dr Respondent By None Present

disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of 4 depreciation would amount to giving double benefit to the assessee. Though

DCIT (EXEMPTION), GHAZIABAD vs. RAM NATH MEMORIAL TRUST SOCIETY, MEERUT

In the result appeal filed by the revenue is dismissed

Bench: Shri N.K. Billaiya & Shri Pawan Singhasstt. Year: 2014-15

disallowance on depreciation was made in assessment year 2013-14, on appeal before the Ld. CIT(A), the assessee was allowed depreciation. Further aggrieved the revenue filed appeal before Tribunal vide ITA No. 2284/Del/2017. However due to inadvertent omissions, the grounds of appeal remain unadjudicated. We find that no further miscellaneous application (MA) is filed by any of the parties

M/S. FRIENDS CHARITABLE SOCIETY,GHAZIABAD vs. ADDL. CIT, GHAZIABAD

Bench: Shri N.K Billaiya & Shri Kuldip Singh

disallowing the depreciation on the ground that once the capital expenditure is treated as application of income for charitable purposes, the assessee had virtually enjoyed 10% right off of the cost of assets and therefore grant of depreciation would amount to giving double benefit to the assessee has not been accepted by the Tribunal as well as Hon’ble High

SANSKRITI EDUCATIONAL SOCIETY,NEW DELHI vs. ITO, NEW DELHI

Bench: Shri R.K.Panda & Shri Kuldip Singh

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

SANSKRITI EDUCATIONAL SOCIETY,NEW DELHI vs. ITO, NEW DELHI

Bench: Shri R.K.Panda & Shri Kuldip Singh

43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present case, was advanced on behalf of the revenue, namely, that depreciation

DCIT(E), NEW DELHI vs. DR. R.L. KHERA CHARITABLE TRUST, NEW DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary[Assessment Year: 2011-12] The Dy.C.I.T Vs. Dr. R.L. Khera Charitable Trust Circle 1(1) Pandav Nagar, Naraina Road New Delhi Near Shadipur Depot, New Delhi Pan : Aaatd 8903 D [Appellant] [Respondent]

disallowed by the Assessing Officer mainly on the ground that this is a double deduction as the entire capital expenditure on the purchase of capital asset is treated as application of income u/s 11(1) of the Act and full deduction of the entire amount is allowed vide the order of the Assessing Officer. 4. The first appellate authority, drawing

M/S ENI SPA,GURGAON vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result both these grounds are allowed for statistical purposes

Bench: Shri H.S. Sidhu & Shri O.P. Kantassessment Year: 2011-12 M/S. Eni Spa, Vs. Dcit (International C/O- Bmr & Associates, 22Nd Taxation), Floor, Building No.5, Tower- Circle-Gurgaon, New Delhi A, Cyber City, Dlf Phase-Iii, Gurgaon Pan :Aacce3464B (Appellant) (Respondent) Appellant By Shri Vishal Kalra, Adv. Respondent By Shri G.K. Dhall, Cit(Dr)

Disallowance of claim of section 44BB of the Act 2.1 That on the facts and circumstances of the case and in law, the AO / DRP has erred in holding that provisions of section 44BB of the Income tax Act, 1961 (“Act”) are not applicable to the services rendered by the Appellant to Eni India. 2.2 That on the facts

GE CAPITAL SERVICES INDIA vs. ADDL CIT RANGE 2,

In the result, the appeals of the assessee and Revenue are partly allowed for

Bench: Smt Diva Singh & Sh.L.P.Sahu

43C, as meaning actually paid or incurred according to the method of accounting upon the basis on which profits or gains are computed under section 28/29. That is why in deciding the question as to whether the word "expenditure" in section. 37(1) includes the word "loss" one has to read section 37(1) with section 28, section 29 Page