SAAMAG CONSTRUCTION LTD.,NEW DELHI vs. ACIT, NEW DELHI

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

disallowance of expenses and Rs.47,08,000/-under section 2(22)(e) of the I.T. Act, 1961. 5 ITA.Nos.2053, 2054, 2055, 2056 & 2057/Del./2017 M/s. Saamag Developers Pvt. Ltd., New Delhi & Others. 3.1. The assessee challenged all the three additions before Ld. CIT(A). The Ld. CIT(A) confirmed all the three additions. The assessee is in appeal challenging

SAAMAG DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

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

disallowance of expenses and Rs.47,08,000/-under section 2(22)(e) of the I.T. Act, 1961. 5 ITA.Nos.2053, 2054, 2055, 2056 & 2057/Del./2017 M/s. Saamag Developers Pvt. Ltd., New Delhi & Others. 3.1. The assessee challenged all the three additions before Ld. CIT(A). The Ld. CIT(A) confirmed all the three additions. The assessee is in appeal challenging

AMULYA GUPTA,HARYANA vs. ITO WARD-1(1), FARIDABAD

Appeal of the appellant is dismissed

Bench: Shri Kul Bharat

section 53A of the transfer of tm properties Act, 1882. As the transfer took place on the date of Agreement datec 26/05/2011, which is more than before 3 years from the date of sale i.e. 19/02/2.015. therefore disallowance

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), MEERUT, MEERUT vs. PREM SAPRA, NEW DELHI

The appeal of the revenue is dismissed

Bench: Smt. Annapurna Gupta & Ms. Madhumita Royassessment Year: 2021-22

53A ofthe Transfer of Property Act, 1882 (4 of 1882) From such handover letter, it will be observed that the developer has confirmed that no outstanding dues were payable in respect of such flat. This proves that the prescribed condition as per section 54 for making reinvestment in another residential house by 7 ACIT v. Prem Sapra

ACIT, CIRCLE- 20(2), NEW DELHI vs. RCUBE PROJECTS PVT. LTD., NEW DELHI

Bench: Sh. Shamim Yahya & Sh. Anubhav Sharma Ita No. 6879/Del/2018, A.Y. 2015-16

disallowed by the Assessing officer on the grounds that such infrastructural facility is not owned, wholly or partly, by the taxpayer which is an essential condition for claiming depreciation and further right to collect toll does not fall in any of the categories of 'intangible assets' specified in sub- cause(ii) of sub-section (1) of section

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

Section 41(1) the assessee should have obtained, whether in cash or in any other manner whatsoever, any amount in respect of the loss or expenditure earlier allowed as a deduction. This part of the reasoning, in the light of the amended clause (a) of sub-section (1) of Section 41 may not be relevant after substitution of the said

ACIT, NEW DELHI vs. M/S DLF LTD., NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

Section 41(1) the assessee should have obtained, whether in cash or in any other manner whatsoever, any amount in respect of the loss or expenditure earlier allowed as a deduction. This part of the reasoning, in the light of the amended clause (a) of sub-section (1) of Section 41 may not be relevant after substitution of the said

ITO, WARD-32(4), NEW DELHI vs. SWATI OBEROI, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

53A of transfer of immovable property act are not satisfied. 3. Whether the Ld. CIT (A) was justified in deleting the addition levied by the AO disallowing the deduction us 54F of the Act disregarding the report of Inspector wherein it has been reported that the property In Issue was in the possession of Smt. Purnima Mehra.” 2. Briefly stated

FASHION GROUP INTERNATIONAL,PANIPAT vs. ACIT, CIRCLE, PANIPAT

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

disallowance was made @1/5 of the expenditure most arbitrarily, without there being any basis for the same. 3. The learned counsel has submitted return synopsis, for the sake of completeness the same is being reproduced below:- 1. The main issue in this appeal filed by the assessee is an addition of Rs.1,58,56,968/- made by the Ld. Assessing

ANSHU DHAWAN,GURGAON vs. INCOME TAX OFFICER, NFAC

In the result, the appeal of the assessee is allowed

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahmananshu Dhawan, Vs. Income Tax Officer, House No.933, Sector 17B, Delhi. Gurgaon – 122 001 (Haryana). (Pan : Aggpd5365D) (Appellant) (Respondent) Assessee By : Shri Ashwani Kumar, Ca Shri Ankur Agarwal, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 10.11.2025 Date Of Order : 30.01.2026 O R D E R

disallowing capital loss and computed income under head income from other sources.” 6. At the time of hearing, ld. AR of the assessee submitted as under :- “Brief History of the Case :- Particulars Date Original Return of Income filed by the Appellant Company 30.07.2022 under section 139(1) of the Act at Total Income of Rs.37,51,250/- Notice issued

COMMISSIONER OF INCOME TAX -XIII vs. RAJINDER KUMAR

disallowance under the said sub-clause will be attracted, if, after deduction of tax during the previous year, the same has not been paid on or before the due date of filing of return of income specified in sub-section (1) of section 139. The proviso to the said sub-clause provides that where in respect of any such

TRIPLE ESS INFRASTRUCTURE P.LTD,NEW DELHI vs. ADDL.CIT, RANGE-27, NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahuasstt. Year: 2015-16

disallowance, if any. ii. He directed the AO to ascertain the exact facts about borrowing of the loan before allowing the interest corresponding to the shares of the appellant. iii. Regarding the other expenses of Rs. 1,13,82,644/- and rebate of Rs. 98,62,770/- he directed the AO to look into the nature of expenses and allow

DCIT, NEW DELHI vs. M/S AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT. LTD,, NEW DELHI

In the result appeal filed by assessee stands partly

Bench: Shri N.K.Billaiya & Smt. Beena A Pillaiay: 2009-10 Ay: 2011-12 Dcit Vs. Ambience Developers & Central Circle 20 Infrastructure P Ltd. New Delhi L-4, Green Park Extn. New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Developers & Vs. Dcit Infrastructure P Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Hotels & Vs. Dcit Resorts Pvt.Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aadca7906K (Appellant) (Respondent) Department By : Ms. Nidhi Srivastava, Cit, D.R. Assessee By : : Sh. T.R. Talwar, Adv. Date Of Hearing : 06/02/2019 Date Of Pronouncement: 28 /02/2019

disallowance of Rs. 5,56,000/- u/s 14A r.w. Rule 8D(2)(iii) made by the Assessing Officer when no direct or indirect ITA Nos. 6413 & 6414/Del/15 AY:2009-10/2011-12 ITA Nos. 6767 & 6766/Del/15 AY:2010-11 Ambience Developers and Infrastructure P Ltd./Ambience Hotels & Resorts Pvt.Ltd. expenditure has been incurred A by the appellant in earning the dividend

M/S AMBIENCE HOTELS & RESORTS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal filed by assessee stands partly

Bench: Shri N.K.Billaiya & Smt. Beena A Pillaiay: 2009-10 Ay: 2011-12 Dcit Vs. Ambience Developers & Central Circle 20 Infrastructure P Ltd. New Delhi L-4, Green Park Extn. New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Developers & Vs. Dcit Infrastructure P Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Hotels & Vs. Dcit Resorts Pvt.Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aadca7906K (Appellant) (Respondent) Department By : Ms. Nidhi Srivastava, Cit, D.R. Assessee By : : Sh. T.R. Talwar, Adv. Date Of Hearing : 06/02/2019 Date Of Pronouncement: 28 /02/2019

disallowance of Rs. 5,56,000/- u/s 14A r.w. Rule 8D(2)(iii) made by the Assessing Officer when no direct or indirect ITA Nos. 6413 & 6414/Del/15 AY:2009-10/2011-12 ITA Nos. 6767 & 6766/Del/15 AY:2010-11 Ambience Developers and Infrastructure P Ltd./Ambience Hotels & Resorts Pvt.Ltd. expenditure has been incurred A by the appellant in earning the dividend

M/S AMBIENCE DEVELOPERS & INFRASTRUCTURE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal filed by assessee stands partly

Bench: Shri N.K.Billaiya & Smt. Beena A Pillaiay: 2009-10 Ay: 2011-12 Dcit Vs. Ambience Developers & Central Circle 20 Infrastructure P Ltd. New Delhi L-4, Green Park Extn. New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Developers & Vs. Dcit Infrastructure P Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Hotels & Vs. Dcit Resorts Pvt.Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aadca7906K (Appellant) (Respondent) Department By : Ms. Nidhi Srivastava, Cit, D.R. Assessee By : : Sh. T.R. Talwar, Adv. Date Of Hearing : 06/02/2019 Date Of Pronouncement: 28 /02/2019

disallowance of Rs. 5,56,000/- u/s 14A r.w. Rule 8D(2)(iii) made by the Assessing Officer when no direct or indirect ITA Nos. 6413 & 6414/Del/15 AY:2009-10/2011-12 ITA Nos. 6767 & 6766/Del/15 AY:2010-11 Ambience Developers and Infrastructure P Ltd./Ambience Hotels & Resorts Pvt.Ltd. expenditure has been incurred A by the appellant in earning the dividend

DCIT, NEW DELHI vs. M/S AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT. LTD,, NEW DELHI

In the result appeal filed by assessee stands partly

Bench: Shri N.K.Billaiya & Smt. Beena A Pillaiay: 2009-10 Ay: 2011-12 Dcit Vs. Ambience Developers & Central Circle 20 Infrastructure P Ltd. New Delhi L-4, Green Park Extn. New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Developers & Vs. Dcit Infrastructure P Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Hotels & Vs. Dcit Resorts Pvt.Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aadca7906K (Appellant) (Respondent) Department By : Ms. Nidhi Srivastava, Cit, D.R. Assessee By : : Sh. T.R. Talwar, Adv. Date Of Hearing : 06/02/2019 Date Of Pronouncement: 28 /02/2019

disallowance of Rs. 5,56,000/- u/s 14A r.w. Rule 8D(2)(iii) made by the Assessing Officer when no direct or indirect ITA Nos. 6413 & 6414/Del/15 AY:2009-10/2011-12 ITA Nos. 6767 & 6766/Del/15 AY:2010-11 Ambience Developers and Infrastructure P Ltd./Ambience Hotels & Resorts Pvt.Ltd. expenditure has been incurred A by the appellant in earning the dividend

ANAND KUMAR JAIN,FARIDABAD vs. DCIT, CENTRAL CIRCLE-25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

disallowance can be made in relation to that year in exercise of power under Section 153 of the Act. Obviously, the reference to the incriminating material in the above decisions of Hon'ble Jurisdictional High Court is in regard to incriminating material found as a result of search of the assessee’s premises and not of any other assessee

ANAND JAIN HUF,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

disallowance can be made in relation to that year in exercise of power under Section 153 of the Act. Obviously, the reference to the incriminating material in the above decisions of Hon'ble Jurisdictional High Court is in regard to incriminating material found as a result of search of the assessee’s premises and not of any other assessee