PR. COMMISSIONER OF INCOME TAX-1 vs. AGGARWAL PLASTO CHEM PVT.LTD.

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

17 “IPC” hereinafter 18 “DOE” hereinafter Digitally Signed By:AJIT KUMAR Signing Date:16.03.2026 14:32:30 Signature Not Verified LPA 144/2016 Page 6 of 61 our purpose, paras 14 and 15 of the Provisional Attachment Order, thus: “14. That, from the investigations conducted so far, it has inter- alia emerged that:- (i) The sale of above mentioned raw sugar

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

D E R PER M. BALAGANESH, A. M.: 1. These are the appeals filed by the assessee and the revenue for Assessment Years 2011-12 to 2015-16 arises out of the order of CIT(A)-I, Gurgaon dated 31.03.2017, 13.09.2018, 19.03.2019. 2. Identical issues are involved in all these appeals, hence, they are taken up together and disposed

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

D E R PER M. BALAGANESH, A. M.: 1. These are the appeals filed by the assessee and the revenue for Assessment Years 2011-12 to 2015-16 arises out of the order of CIT(A)-I, Gurgaon dated 31.03.2017, 13.09.2018, 19.03.2019. 2. Identical issues are involved in all these appeals, hence, they are taken up together and disposed

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

D E R PER M. BALAGANESH, A. M.: 1. These are the appeals filed by the assessee and the revenue for Assessment Years 2011-12 to 2015-16 arises out of the order of CIT(A)-I, Gurgaon dated 31.03.2017, 13.09.2018, 19.03.2019. 2. Identical issues are involved in all these appeals, hence, they are taken up together and disposed

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

D E R PER M. BALAGANESH, A. M.: 1. These are the appeals filed by the assessee and the revenue for Assessment Years 2011-12 to 2015-16 arises out of the order of CIT(A)-I, Gurgaon dated 31.03.2017, 13.09.2018, 19.03.2019. 2. Identical issues are involved in all these appeals, hence, they are taken up together and disposed

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

D E R PER M. BALAGANESH, A. M.: 1. These are the appeals filed by the assessee and the revenue for Assessment Years 2011-12 to 2015-16 arises out of the order of CIT(A)-I, Gurgaon dated 31.03.2017, 13.09.2018, 19.03.2019. 2. Identical issues are involved in all these appeals, hence, they are taken up together and disposed

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

D E R PER M. BALAGANESH, A. M.: 1. These are the appeals filed by the assessee and the revenue for Assessment Years 2011-12 to 2015-16 arises out of the order of CIT(A)-I, Gurgaon dated 31.03.2017, 13.09.2018, 19.03.2019. 2. Identical issues are involved in all these appeals, hence, they are taken up together and disposed

COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI vs. SERVANTS OF PEOPLE SOCIETY

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE NAVIN CHAWLA

17. Proper officer can therefore reject the declared transactional value based on ―certain reasons‖ to doubt the truth or accuracy of the declared value in which event the proper officer is entitled to make assessment as per Rules 4 to 9 of the 2007 Rules. What is meant by the expression ―grounds for doubting the truth or accuracy

COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI vs. SERVANTS OF PEOPLE SOCIETY

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE NAVIN CHAWLA

17. Proper officer can therefore reject the declared transactional value based on ―certain reasons‖ to doubt the truth or accuracy of the declared value in which event the proper officer is entitled to make assessment as per Rules 4 to 9 of the 2007 Rules. What is meant by the expression ―grounds for doubting the truth or accuracy

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

d) at the option of the employer, on behalf of such employee, (e) Notwithstanding anything contained in Section 200 of the Companies Act, 1956 (1 of 1956). 2013:DHC:3744-DB ITA 441/2003 and connected cases Page 22 A plain reading of the above provision would reveal that if the perquisite that is ―not provided for by way of monetary

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

d) at the option of the employer, on behalf of such employee, (e) Notwithstanding anything contained in Section 200 of the Companies Act, 1956 (1 of 1956). 2013:DHC:3744-DB ITA 441/2003 and connected cases Page 22 A plain reading of the above provision would reveal that if the perquisite that is ―not provided for by way of monetary

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

d) at the option of the employer, on behalf of such employee, (e) Notwithstanding anything contained in Section 200 of the Companies Act, 1956 (1 of 1956). 2013:DHC:3744-DB ITA 441/2003 and connected cases Page 22 A plain reading of the above provision would reveal that if the perquisite that is ―not provided for by way of monetary

DCIT, NEW DELHI vs. M/S. OMAXE BUILDHOME (P) LTD., NEW DELHI

Bench: Shri I.C. Sudhir & Shri Laxmi Prasad Sahu Assessment Year : 2008-09 Deputy Cit, Vs. M/S. Omaxe Ltd., Central Circle-4, 7-Lsc, Omaxe House, New Delhi. Kalkaji, New Delhi. (Pan: Aaaco0171H) (Appellant) (Respondent) Assessment Year: 2008-09 M/S. Omaxe Ltd., Vs. Deputy Cit, 7-Lsc, Omaxe House, Central Circle-4, Kalkaji, New Delhi. New Delhi. (Pan: Aaaco0171H) (Appellant) (Respondent)

17,82,533 PDA Omaxe City Patiala 48,82,09,699 By holding that deduction u/s. 80IB(10) of the Act in respect of profits derived from the housing projects consisting of unbuilt housing sites cannot be allowed. (ii) Erred in confirming the disallowance of deduction under sec. 80IB(10) on part of the housing project comprising of unbuilt housing

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

d) Silokhera, Gurgaon - A Y 2008-09 - DU Limited. Therefore, the assessee company with respect to Chennai project is eligible to claim deduction for 10 consecutive years (out of the 15 Years), beginning Assessment Year 2007-08 upto 2021-22; with respect to other projects, beginning Assessment Year 2008-09 upto Assessment Year 2022-23. The assessee since have opted

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

d) Silokhera, Gurgaon - A Y 2008-09 - DU Limited. Therefore, the assessee company with respect to Chennai project is eligible to claim deduction for 10 consecutive years (out of the 15 Years), beginning Assessment Year 2007-08 upto 2021-22; with respect to other projects, beginning Assessment Year 2008-09 upto Assessment Year 2022-23. The assessee since have opted

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

d) Silokhera, Gurgaon - A Y 2008-09 - DU Limited. Therefore, the assessee company with respect to Chennai project is eligible to claim deduction for 10 consecutive years (out of the 15 Years), beginning Assessment Year 2007-08 upto 2021-22; with respect to other projects, beginning Assessment Year 2008-09 upto Assessment Year 2022-23. The assessee since have opted

SELECT INFRASTRUCTURE PVT. LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, appeal of the assessee for the assessment year

Bench: Shri G. D. Agrawal & Shri Amit Shukla

D.R., strongly relying upon the orders of the Assessing Officer as well as the ld. CIT(A), submitted that, what is to be seen here in this case is, whether the assessee was systematically engaged in the exploitation of commercial property for earning income or not. The Assessing Officer has categorically noted that the intention was to carry

MRS. RASHMI DHARIWAL,NEW DELHI vs. ACIT, NEW DELHI

In the result ground No. 11 and 12 of the appeal of the assessee are allowed accordingly

Bench: Shri H.S.Sidhu & Shri Prashant Maharishirashmi Dhariwal, Vs. Acit, Aashray Farms, Sub Po, Circle-23(1), Sawan Public School, Bhatti New Delhi Mines, Asola Village, New Delhi Pan:Aappd9702P (Appellant) (Respondent)

house property. The legal position as put forward by Mr. Sabharwal is correct and there cannot be any quarrel about the same. The entire question is as to how to determine the „fair rent‟ when the property is already let out, particularly when the assessee, as landlord has received a huge amount of security deposit from the tenant, which gives