ACIT, DEHRADUN vs. M/S. WINDLASS STEEL CRAFT, DEHRADUN

In the result, the appeal of the department is dismissed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 5506/Del/2012 : Asstt. Year : 2009-10 Asstt. Commissioner Of Income Tax, Vs M/S Windlass Steel Craft, Circle-1, 11-A, Rajpur Road, Dehradun Dehradun (Appellant) (Respondent) Pan No. Aaafw0958M Assessee By : Sh. Ashwani Kumar, Ca Revenue By : Sh. P. Dum Kanunjna, Sr. Dr Date Of Hearing : 30.09.2015 Date Of Pronouncement : 06.11.2015 Order Per N. K. Saini, Am:

Section 10B of IT Act and such reliance is totally misplaced. 7. The order of Ld. CIT(A) in allowing claim of deduction u/s 10B to the assessee is bad in law warranted to be set aside and that of the AO be resorted. 8. The Ld. CIT(A) has erred in law and on facts in deleting the addition

Commissioner of Income Tax – I

house fabrication in addition to inspection at the vendors factory to whom the production or manufacture had been outsourced. Once the goods were received at the Noida unit, they were examined and assembled and tested. Rust protection was undertaken. Big assemblies were disassembled and repacked. Small assemblies were packed as such. Thereupon, the goods were exported from India and erected

NEC HCL SYSTEM TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result we confirm the finding the of the CIT (A) regarding deletion of disallowance u/s 40a (i) of The Income tax Act of Rs

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

8 | P a g e NEC HCL System Technologies Ltd. V ACIT ITA No 5497/Del /2012 A.Y. 2008-09 ACIT V NEC HCL System Technologies Ltd. ITA No 5804/Del/2012 A.Y. 2008-09 manufacture or produce articles or things or computer software, as the case may be, shall be allowed from the total income of the assessee..." 3.2 The effect

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, NOIDA, NOIDA vs. M/S ADVANT IT PARK PRIVATE LIMITED, DELHI

Bench: Shri Mahavir Singh & Shri Manish Agarwal

8 ITA Nos.5332 to 5334/Del/2025 C.O. Nos. 221 to 223/Del/2025 DCIT vs. M/s Advant It Park Pvt. Ltd. communication hardware and software, electronic equipment's, office automation, computer stationery/furnitures, diskettes, magnetic tapes and other computer/electrical/electronic related items. 2. To promote, encourage, establish, develop, maintain, organize, undertake, manage, operate, conduct and to run in India or abroad computer training centers, data

UNIVERSAL PRECISION SCREWS,NEW DELHI vs. JCIT, NEW DELHI

Bench: Hon’Ble, Shri G.D.Agrawal & Shri Kuldip Singhi.T.A. No.1454/Del/2015 (Assessment Years 2010-11)

section 24(b) talks of allowing deduction for the interest payable by the assessee where property has been acquired, constructed, 9 repaired, renewed or reconstructed with borrowed capital. The assessee has admittedly shown some income from let out property under the head 'Income from house property.' Once some term loan has been taken for acquiring or constructing, etc., the property

ACIT (LTU), NEW DELHI vs. MAX NEW YORK LIFE INSURANCE COMPANY LTD., NEW DELHI

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal & Shri Sudhanshu Srivastavaassessment Year : 2002-03

8 4. The appellant craves leave to add to, alter, amend or vary from the above grounds of appeal at or before the time of hearing.” 9. At the outset, Shri M.S. Syali, the ld. Sr. Counsel, moved an application under Rule 27 of Income-tax (Appellate Tribunal) Rules 1963, raising the following legal ground:- “That on facts

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

houses the section like 80-HHC 80-IA.etc. The Parliament was aware of the various restriction and limiting provisions like section 8OA and section 80AB which Was in Chapter VI-A which do not appear in Chapter-III. The fact that even after its recast the relief has be-en retained in Chapter 11/ indicates that the intention of Parliament

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

houses the section like 80-HHC 80-IA.etc. The Parliament was aware of the various restriction and limiting provisions like section 8OA and section 80AB which Was in Chapter VI-A which do not appear in Chapter-III. The fact that even after its recast the relief has be-en retained in Chapter 11/ indicates that the intention of Parliament

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

houses the section like 80-HHC 80-IA.etc. The Parliament was aware of the various restriction and limiting provisions like section 8OA and section 80AB which Was in Chapter VI-A which do not appear in Chapter-III. The fact that even after its recast the relief has be-en retained in Chapter 11/ indicates that the intention of Parliament

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

houses the section like 80-HHC 80-IA.etc. The Parliament was aware of the various restriction and limiting provisions like section 8OA and section 80AB which Was in Chapter VI-A which do not appear in Chapter-III. The fact that even after its recast the relief has be-en retained in Chapter 11/ indicates that the intention of Parliament

HCL TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

House ltd.: ITA No. 4135/Del/2013 (Del.) DCIT v. Ushodaya Enterprises Ltd.: 155 ITD 701 Coil Company (P.) Ltd v ACIT: 65 SOT 27 (Delhi - Trib.) DCIT v Mentor Graphics, (Noida) (P.) Ltd: IT Appeal No. 2634 (DELHI) OF 2011 (Delhi Trib) ITO v Cryobanks International (I) (P.) Ltd.: 151 ITD 552 (Delhi - Trib.) Casio India Co. (P.) Ltd v DCIT

HCL TECHNOLOGIES LTD,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

House ltd.: ITA No. 4135/Del/2013 (Del.) DCIT v. Ushodaya Enterprises Ltd.: 155 ITD 701 Coil Company (P.) Ltd v ACIT: 65 SOT 27 (Delhi - Trib.) DCIT v Mentor Graphics, (Noida) (P.) Ltd: IT Appeal No. 2634 (DELHI) OF 2011 (Delhi Trib) ITO v Cryobanks International (I) (P.) Ltd.: 151 ITD 552 (Delhi - Trib.) Casio India Co. (P.) Ltd v DCIT

IMSI INDIA PVT. LTD.,NEW DELHI vs. ACIT, DEHRADUN

In the result, the appeals of the assessee are allowed

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 5856/Del/2011 : Asstt. Year : 2007-08 Ita No. 4277/Del/2012 : Asstt. Year : 2008-09 Ita No. 5744/Del/2012 : Asstt. Year : 2009-10 Ita No. 2506/Del/2013 : Asstt. Year : 2010-11 Imsi India Pvt. Ltd., Vs Deputy/Assistant Commissioner C/O Luthra & Luthra Law Offices, Of Income Tax, Circle-2, 103, Ashoka Estate, Barakhamba Dehradun, Uttranchal Road, New Delhi-110001 (Appellant) (Respondent) Pan No. Aabci1797A Assessee By : Sh. Ashwani Kumar, Sh. Sudhindra Jain & Sh. Alok Kumar Jain, Cas Revenue By : Sh. Amrit Lal, Sr. Dr Date Of Hearing : 15.09.2017 Date Of Pronouncement : 27.10.2017 Order Per N. K. Saini, Am: This Appeal By The Assessee For The Assessment Year 2007- 08 Is Directed Against The Order Dated 03.10.2011 Of Ld. Cit(A)-Ii, Dehradun & The Other Appeals Of The Assessee Are Directed Against The Separate Orders Dated 09.02.2012, 20.12.2011 & 30.11.2012 Passed By The Ld. Cit(A)-I, Dehradun For The Assessment Years 2008-09, 2009-10 & 2010-11 Respectively. 2. Since The Issue Involved Is Common In All These Appeals Which Were Heard Together So These Are Being Disposed Off By This Consolidated Order For The Sake Of Convenience & Brevity.

house property because a mere 10% of the total space was seen to be utilized for its own use by the assessee. The ld. CIT(A) mentioned that the investments should have been linked directly to eligible business activities for the purposes of Section 80IC of the Act and not for earning revenues otherwise. The ld. CIT(A) held that

IMSI INDIA PVT. LTD.,NEW DELHI vs. DCIT, DEHRADUN

In the result, the appeals of the assessee are allowed

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 5856/Del/2011 : Asstt. Year : 2007-08 Ita No. 4277/Del/2012 : Asstt. Year : 2008-09 Ita No. 5744/Del/2012 : Asstt. Year : 2009-10 Ita No. 2506/Del/2013 : Asstt. Year : 2010-11 Imsi India Pvt. Ltd., Vs Deputy/Assistant Commissioner C/O Luthra & Luthra Law Offices, Of Income Tax, Circle-2, 103, Ashoka Estate, Barakhamba Dehradun, Uttranchal Road, New Delhi-110001 (Appellant) (Respondent) Pan No. Aabci1797A Assessee By : Sh. Ashwani Kumar, Sh. Sudhindra Jain & Sh. Alok Kumar Jain, Cas Revenue By : Sh. Amrit Lal, Sr. Dr Date Of Hearing : 15.09.2017 Date Of Pronouncement : 27.10.2017 Order Per N. K. Saini, Am: This Appeal By The Assessee For The Assessment Year 2007- 08 Is Directed Against The Order Dated 03.10.2011 Of Ld. Cit(A)-Ii, Dehradun & The Other Appeals Of The Assessee Are Directed Against The Separate Orders Dated 09.02.2012, 20.12.2011 & 30.11.2012 Passed By The Ld. Cit(A)-I, Dehradun For The Assessment Years 2008-09, 2009-10 & 2010-11 Respectively. 2. Since The Issue Involved Is Common In All These Appeals Which Were Heard Together So These Are Being Disposed Off By This Consolidated Order For The Sake Of Convenience & Brevity.

house property because a mere 10% of the total space was seen to be utilized for its own use by the assessee. The ld. CIT(A) mentioned that the investments should have been linked directly to eligible business activities for the purposes of Section 80IC of the Act and not for earning revenues otherwise. The ld. CIT(A) held that

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I NOIDA, NOIDA vs. M/S ADVANT IT PARK PRIVATE LIMITED , DELHI

Appeal is allowed and order of the High Court is set aside

Bench: Shri Mahavir Singh & Shri Manish Agarwal

8 ITA Nos. 5332 to 5334/Del/2025 C.O. Nos. 221 to 223/Del/2025 DCIT vs. M/s Advant It Park Pvt. Ltd. communication, and any other services required by the occupants." 12. It is further observed that gross receipts of the assessee as appearing in the Profit & Loss account includes the following: (i) Maintenance income (ii) Lease Rent (iii) Profit of sale

GREAT EASTERN EXPORTS vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

10B or section 10BA or in any provisions of this Chapter under the heading “C-Deductions in respect of certain incomes”, where any goods or services held for the purposes of the undertaking or unit or enterprise or eligible business are transferred to any other business carried on by the assessee or where any goods or services held

COMMISSIONER OF INCOME TAX

8 of the Oxford Dictionary, at page 1422, the two meaning are given as follows: "To 2011:DHC:5847-DB ITA 1223/2011, 67/2010 and 458/2010 Page 12 bring forth, bring into being or existence (a) generally to bring (a thing) into existence from its raw materials or elements or as the result of a process" and " (d) To compose

DCIT, NEW DELHI vs. SMT. DEEPTI AGARWAL, NEW DELHI

In the result appeal of the revenue is dismissed and Cross objection of the assessee is partly allowed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishidcit, Vs. Deepti Agarwal, Circle-31(1), Room No. 1405, Prop M/S. Superior Fabrics, 14Th Floor, E-2, Block, Maharaja Lane, Civil Lines, Prataykshkar Bhawan, Dr. New Delhi Shyama Prasad, Mukherjee Civc Pan: Aampa0573C Centre, Jn Nehru Marg, New Delhi (Appellant) (Respondent)

10B, in relation to the profits and gains of the undertaking or enterprise. (6) Not Withstanding anything contained in this Act, no deduction shall be allowed to any undertaking or enterprise under this section, where the total period of deduction inclusive of the period of deduction under this section, or under the second proviso to sub-section (4) of section