MOTHERSON SUMI SYSTEMS LIMITED,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2010-11

disallowing the deduction claimed under section 10B, reliance placed by the Ld. AO on the decision of the Hon’ble Supreme Court in the case of Liberty India vs. CIT (2009) 317 ITR 218 and CIT vs. Sterling Foods (1999) 237 ITR 579 to the facts of the assessee’s case and his findings on interpretation of the term “derived

DY. COMMISSIONER OF INCOME TAX, CIRCLE, HISAR vs. SYNERGY WASTE MANAGEMENT PRIVATE LIMITED, HISAR

Appeal is dismissed in above terms

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3557/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Synergy Waste Management Pvt. Circle, Ltd., #168, Sector-27-28, Hisar, Hisar, Haryana-125001 Haryana-125001 (Appellant) (Respondent) Pan No. Aaics9088H Assessee By : Sh. S. K. Gupta, Ca Revenue By : Sh. Sahil Kumar Bansal, Sr. Dr Date Of Hearing: 12.12.2024 Date Of Pronouncement: 20.12.2024 Order Per Satbeer Singh Godara: This Revenue’S Appeal For Assessment Year 2017-18, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2023-24/105727025(1) Dated 20.10.2023, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

801A(4) of the Act. As per provisions of section 80IA(4) of the Act, the assessee should be in the business of either 'developing' or ‘operate and maintain' of 'infrastructure facility'. Careful 3 Synergy Waste Management Pvt. Ltd. reading of section 80IA(4) of the Act shows that word 'Developing' includes huge investment such as creating of infrastructure, roads

DLF CYBER CITY DEVELOPERS LTD.,GURGAON vs. ADDL. CIT, GURGAON

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

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

801A(4) of the Act, at Page 62-63 of the assessment order. 7. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in law in upholding the order of Assessing Officer in bringing to tax a sum of 41,09,179 on account of 'Profit on sale of Fixed Assets' under

DLF CYBER CITY DEVELOPERS LTD.,GURUGRAM vs. DCIT, CIRCLE-1(1), GURUGRAM

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

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

801A(4) of the Act, at Page 62-63 of the assessment order. 7. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in law in upholding the order of Assessing Officer in bringing to tax a sum of 41,09,179 on account of 'Profit on sale of Fixed Assets' under

DLF CYBER CITY DEVELOPERS LTD.,GURUGRAM vs. DCIT, CIRCLE-1(1), GURUGRAM

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

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

801A(4) of the Act, at Page 62-63 of the assessment order. 7. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in law in upholding the order of Assessing Officer in bringing to tax a sum of 41,09,179 on account of 'Profit on sale of Fixed Assets' under

ACIT, CIRCLE-1(1), GURUGRAM vs. DLF CYBER CITY DEVELOPERS LTD., GURUGRAM

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

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

801A(4) of the Act, at Page 62-63 of the assessment order. 7. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in law in upholding the order of Assessing Officer in bringing to tax a sum of 41,09,179 on account of 'Profit on sale of Fixed Assets' under

DLF CYBER CITY DEVELOPERS LTD.,GURUGRAM vs. DCIT, CIRCLE-1, GURUGRAM

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

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

801A(4) of the Act, at Page 62-63 of the assessment order. 7. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in law in upholding the order of Assessing Officer in bringing to tax a sum of 41,09,179 on account of 'Profit on sale of Fixed Assets' under

DLF CYBER CITY DEVELOPERS LTD.,GURUGRAM vs. DCIT, CIRCLE-1(1), GURUGRAM

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

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

801A(4) of the Act, at Page 62-63 of the assessment order. 7. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in law in upholding the order of Assessing Officer in bringing to tax a sum of 41,09,179 on account of 'Profit on sale of Fixed Assets' under

DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-3, NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 80IA(4)(1). It is observed in Form 10CCB that appellant has claimed deduction on interest income also which it has earned from mobilization advance, the interest income falls Page 33 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation Ltd. vs. ACIT under the head "income from other sources" and not "income from business or profession

ADDL.CIT, SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 80IA(4)(1). It is observed in Form 10CCB that appellant has claimed deduction on interest income also which it has earned from mobilization advance, the interest income falls Page 33 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation Ltd. vs. ACIT under the head "income from other sources" and not "income from business or profession

ACIT SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 80IA(4)(1). It is observed in Form 10CCB that appellant has claimed deduction on interest income also which it has earned from mobilization advance, the interest income falls Page 33 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation Ltd. vs. ACIT under the head "income from other sources" and not "income from business or profession

ADDI. CIT SPL. RANGE-3, NEW DELHI vs. DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LTD. , NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 80IA(4)(1). It is observed in Form 10CCB that appellant has claimed deduction on interest income also which it has earned from mobilization advance, the interest income falls Page 33 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation Ltd. vs. ACIT under the head "income from other sources" and not "income from business or profession

ADDL.CIT, SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 80IA(4)(1). It is observed in Form 10CCB that appellant has claimed deduction on interest income also which it has earned from mobilization advance, the interest income falls Page 33 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation Ltd. vs. ACIT under the head "income from other sources" and not "income from business or profession

DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LTD. ,NEW DELHI vs. DCIT CIRCLE-10(1), NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 80IA(4)(1). It is observed in Form 10CCB that appellant has claimed deduction on interest income also which it has earned from mobilization advance, the interest income falls Page 33 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation Ltd. vs. ACIT under the head "income from other sources" and not "income from business or profession

ADDL.CIT, SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 80IA(4)(1). It is observed in Form 10CCB that appellant has claimed deduction on interest income also which it has earned from mobilization advance, the interest income falls Page 33 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation Ltd. vs. ACIT under the head "income from other sources" and not "income from business or profession

LOGICS POWERAMR PRIVATE LIMITED,DELHI vs. ASST DIRECTOR OF INCOME TAX, BENGALURU

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2021-22 Logics Poweramr Private Vs. Asstt. Director Of Income Limited Tax, 1St Floor, Prestige Alpha No. 7, Sarswati Bhawan 1/4 Lalita Park, Laxmi Nagar 48/1, 48/2, East Delhi Laxmi Nagar Beratenaagrahara Begur, Delhi-110092 Hosur Rd. Uttarahalli Hobli, Pan No.Aadcl3204D Bangalore-560100 (Appellant) (Respondent)

disallowance u/s 801A(4) of Rs. 19,18,68,986/-, thus resulting in the income of Rs. 19,24,14,160/- (after rounding of). The appellant filed an application u/ s. 154 which was rejected and further a grievance petition was filed on 29.01.2018 in which it was stated to the appellant that the return has been filed after

ACIT, CIRCLE- 5(2), NEW DELHI vs. CELEBI DELHI CARGO TERMINAL MANAGEMENT INDIA PVT. LTD., NEW DELHI

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharmaacit, Vs. M/S. Celebi Delhi Cargo Terminal Circle-5(2), Management India Pvt. Ltd. New Delhi New Delhi Room No. Ce-05, Import Building-2, International Cargo Terminal, Igi Airport, New Delhi Pan : Aadcc6885B (Appellant) (Respondent)

801A(4)(i)(b). Considering the aforesaid legal position, I am of the view that the second condition of section 80IA(4) is satisfied in the appellant’s case and accordingly, the said contention of the appellant is upheld. 7. The AO's third reasoning to deny the deduction u/s 80-IA is that "the agreement for upgradation and maintenance

DCIT, HISAR vs. M/S SYNERGY WASTE MANAGEMENT PVT. LTD.,, HISAR

In the result, all the five captioned appeals filed by the Revenue are dismissed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

disallowance of deduction u/s 80IA of the Income-tax Act, 1961 (for short, ‘the Act’), even though the assessee failed to file its return of income within the time prescribed under sub-section (1) of section 139 of the Act and filing of the return within such stipulated period was a prerequisite as per the mandate