JCIT(OSD), RANGE-10, NEW DELHI , C.R. BUILDING ITO vs. RURAL ELECTRIFICATION CORPORATION LTD. , KASTURBA NAGAR

In the result, appeals filed by the revenue in the AY 2020-21 and AY\n2021-22 are dismissed

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

REC LIMITED,NEW DELHI vs. ACIT-10 (OSD), DELHI, NEW DELHI

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

REC LIMITED,NEW DELHI vs. ACIT-10 (OSD), DELHI, NEW DELHI

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

JCIT(OSD), RANGE-10, NEW DELHI , CR BUILDING ITO vs. RURAL ELECTRIFICATION CORPORATION LTD. , KASTURBA NAGAR

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

JCIT(OSD), RANGE-10, NEW DELHI , C.R. BUILDING ITO vs. RURAL ELECTRIFICATION CORPORATION LTD., KASTURBA NAGAR

vii) and\nsection 36(1) (viia) (c) of the Act i.e., deductions under both section is\nindependent on each other?\"\n4. Since the issue raised by the revenue and assessee relating to the issue of\ndeduction claimed u/s 36(1)(viii) are common, the same are adjudicated\ntogether below.\n5. Ground Nos.1 & 2 raised by the assessee are general

EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

Housing Ltd. Vs. National E Assessment Center Delhi ; 441 ITR 285(del)  Devanshu Infin Ltd. Vs. National E Assessment Center Delhi ;284 Taxman 36  Ramprastha Buildwell (P.) Ltd. Vs. National E Assessment Center, Delhi; 283 Taxman 235 13  KRS Home Developers (P.) Ltd. Vs. National Faceless Assessment Centre ;283 Taxman 413  Umkal Healthcare (P.) Ltd. Vs. National Faceless Assessment Centre

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. (vii) income by way of fees for technical services payable by— …..(c) a person who is a non-resident, where the fees are payable in respect of services utilized in a business or profession

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. (vii) income by way of fees for technical services payable by— …..(c) a person who is a non-resident, where the fees are payable in respect of services utilized in a business or profession

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. (vii) income by way of fees for technical services payable by— …..(c) a person who is a non-resident, where the fees are payable in respect of services utilized in a business or profession

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. (vii) income by way of fees for technical services payable by— …..(c) a person who is a non-resident, where the fees are payable in respect of services utilized in a business or profession

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. (vii) income by way of fees for technical services payable by— …..(c) a person who is a non-resident, where the fees are payable in respect of services utilized in a business or profession

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. (vii) income by way of fees for technical services payable by— …..(c) a person who is a non-resident, where the fees are payable in respect of services utilized in a business or profession

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. (vii) income by way of fees for technical services payable by— …..(c) a person who is a non-resident, where the fees are payable in respect of services utilized in a business or profession

(Now known as Sony India Limited)

36 of 142 valuation of the contract price and computation of the arm‘s length price, consequent assessments etc. are without jurisdiction and authority of law. 43. This argument on behalf of the assessees would have been weighty and perhaps justified, if the Legislature by the Finance Act, 2012 had not inserted sub-section (2B). The said Sub-Section

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

36,25,157/-. As per the computation of capital gain mechanism on the date of transfer, the capital gains will be determined based on the sale consideration mentioned in the sale deed executed and the law prescribes claim of deduction of expenditure incurred on such transfer, indexation cost of acquisition and improvement. Therefore, there is no mechanism to determine

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

36,25,157/-. As per the computation of capital gain mechanism on the date of transfer, the capital gains will be determined based on the sale consideration mentioned in the sale deed executed and the law prescribes claim of deduction of expenditure incurred on such transfer, indexation cost of acquisition and improvement. Therefore, there is no mechanism to determine

DSD NOELL GMBH ,NEW DELHI vs. DCIT CIRCLE-1(2)(2) INTERNATIONAL TAXATION , NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

House Pvt. Ltd. relied upon by Sri Sarangan is of no assistance to him... ” (Emphasis Supplied) There is no repugnancy between the decision of the Hon’ble Karnataka High Court and the decision of the Hon’ble Delhi High Court so far as the issue of taxability of receipts in respect of Engineering, Drawing and design inextricably linked

DSD NOELL GMBH,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

House Pvt. Ltd. relied upon by Sri Sarangan is of no assistance to him... ” (Emphasis Supplied) There is no repugnancy between the decision of the Hon’ble Karnataka High Court and the decision of the Hon’ble Delhi High Court so far as the issue of taxability of receipts in respect of Engineering, Drawing and design inextricably linked