THE PR. COMMISSIONER OF INCOME TAX -4 vs. GALGOTIA BOOKS & DEPARTMENT STORE PVT. LTD.

The appeals are allowed

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

House msg. 167.20 sq. Mt., D-259, Ground Floor, Ashok Vihar-1, Delhi-52; Land & Bldg on plot of land bearing Khevat No. 90 at Vill-Naya Bans, Sampla, Rohtak; Land bearing Khewat 145 measuring 11 Kanal 8 Marla (6897 sq. yeard) and Khewat No. 135 measuring 7 Kanal 7 Marla (4446.75 sq yrd) at Vill-Naya Bans, Sampla, Distt

PRINCIPAL COMMISSIONER OF INCOME TAX-8 vs. SALDI CHITS PVT. LTD.,

The appeals are allowed

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

House msg. 167.20 sq. Mt., D-259, Ground Floor, Ashok Vihar-1, Delhi-52; Land & Bldg on plot of land bearing Khevat No. 90 at Vill-Naya Bans, Sampla, Rohtak; Land bearing Khewat 145 measuring 11 Kanal 8 Marla (6897 sq. yeard) and Khewat No. 135 measuring 7 Kanal 7 Marla (4446.75 sq yrd) at Vill-Naya Bans, Sampla, Distt

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

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, 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

M/S. DHARAMPAL SATYAPAL LTD.,DELHI vs. ACIT, NEW DELHI

Bench: Shri Amit Shukla & Sh. Prashant Maharishi(Through Video Conferencing) Assessment Year: 2012-13 M/S. Dharampal Satyapal Ltd. Acit, 1711, S. P. Mukherjee Marg, Vs Central Circle – 29, Delhi-110006 New Delhi Pan No. Aaacd0132H (Appellant) (Respondent) Appellant By Sh. R. S. Singhavi, Ca Sh. Satyajeet Goel, Ca Respondent By Sh. Sanjay I. Bara, Cit Dr Date Of Hearing: 28/08/2020 Date Of Pronouncement: 07/10/2020 Order

43[For purposes of this sub-section, "market value", in relation to any goods or services, means- (i) price that such goods or services would ordinarily fetch in open market; or (ii) arm's length price as defined in clause (ii) of section 92F, where transfer of such goods or services is a specified domestic transaction referred to in section

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

housing all other assets i.e. plant and machinery etc. So, the allegation is totally out of context. 6 Explanation 3 of section 43(1) requires the AO to determine the actual cost at such an amount as the AO may determine having regard to all the ITA No.316/Del/2013 circumstances of the case. The AO has adopted WDV of the previous

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

housing all other assets i.e. plant and machinery etc. So, the allegation is totally out of context. 6 Explanation 3 of section 43(1) requires the AO to determine the actual cost at such an amount as the AO may determine having regard to all the ITA No.316/Del/2013 circumstances of the case. The AO has adopted WDV of the previous

M/S CONTINENTAL DEVICE INDIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

housing all other assets i.e. plant and machinery etc. So, the allegation is totally out of context. 6 Explanation 3 of section 43(1) requires the AO to determine the actual cost at such an amount as the AO may determine having regard to all the ITA No.316/Del/2013 circumstances of the case. The AO has adopted WDV of the previous

M/S. CONTINENTAL DEVICE INDIA LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, all the appeals are partly allowed

Bench: Shri N.K. Saini & Shri A.T. Varkey

housing all other assets i.e. plant and machinery etc. So, the allegation is totally out of context. 6 Explanation 3 of section 43(1) requires the AO to determine the actual cost at such an amount as the AO may determine having regard to all the ITA No.316/Del/2013 circumstances of the case. The AO has adopted WDV of the previous

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 E R PER AMIT SHUKLA, J.M.: The cross-appeals for assessment year 2008-09 have been filed by the assessee as well as by the Revenue against the impugned order dated 28/3/2013, passed by the Ld. CIT(Appeals)-XI, New Delhi for the quantum of assessment passed under section 143(3) of the Act; appeal for assessment year

M/S. A K CAPITAL MARKETS LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Sh. N. K. Sainiita No. 6859/Del/2014 : Asstt. Year : 2006-07 A. K. Capital Markets Ltd., Vs Dcit, Central Circle-2, 609, 6Th Floor, Antriksh Bhawan, 22, New Delhi Kasturba Gandhi Marg, Connaught Place, New Delhi-110001 (Appellant) (Respondent) Pan No. Aadca9960D Assessee By : Sh. Ved Jain, Adv. Revenue By : Sh. Sarabhjit Singh, Dr Date Of Hearing : 16.09.2015 Date Of Pronouncement : 04.12.2015 Order

d) of proviso to Section 43(5) of the Act and not by explanation to Section 73 of the Act. 7. The ld. CIT(A) after considering the submissions of both the parties confirmed the action of the AO by observing in para 3.6 of the impugned order as under: “The facts of the case show that the appellant