SYSTEMS AMERICA (INDIA) LTD. vs. ADDL. COMMISSIONER OF INCOME TAX,,

In the result, appeal of the assessee is partly allowed and that of the Department is dismissed

Bench: Shri N.K. Saini & Shri Kuldip Singh

7,68,68,02/- under section 10A of the Act as per the certificate of Chartered Accountant in Form

ACIT, CIRCLE-7(1) vs. SYSTEM AMERICA INDIA LTD.,,

In the result, appeal of the assessee is partly allowed and that of the Department is dismissed

Bench: Shri N.K. Saini & Shri Kuldip Singh

7,68,68,02/- under section 10A of the Act as per the certificate of Chartered Accountant in Form

DIVYA CREATION,NOIDA vs. PR.CIT, NOIDA

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2013-14 M/S. Divya Creation, Vs. Pr. Cit, Plot No. 97, Nsez, Noida Aayakar Bhawan, A2 D- Block, Sector 24, Noida Pan :Aadfd4879K (Appellant) (Respondent)

68,296 as claimed and initiation of section 263 proceedings in this regard is bad in law on the aspect of assumption of jurisdiction u/s 263 as well as on merits. That the appellant craves leave to Add to and / or Amend, modify or withdraw the grounds outlined above before or at the time of hearing of the appeal

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)

10a to 10i), not only establish, beyond doubt, the identity and genuineness of the aforesaid entities, but also establish the source of funds/creditworthiness. …………. 2.39 Further more, we observed that that Section 68 would not apply to remittances made in India by non-resident is strengthened by the proviso to Section 68 inserted w.e.f. A.Y. 2013-14. According

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

In the result, the appeal of the Revenue is dismissed and cross objection of the assessee is allowed for statistical purposes

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2006-07

68,98,037 50,90,742 Less : Brought forward unabsorbed depreciation 14,22,71,036 Gross Total Loss (13,71,80,294) From the above table, the Assessing Officer observed that the assessee has claimed deduction u/s. 10B without considering the brought forward unabsorbed depreciation and that the assessee has not completely followed section 32(2) for computing

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

7. Now we take up the appeal of the Revenue having ITA No. 5491/Del/2013. The Ground Nos. 1 to 1.5 and 2 of the appeal of the Revenue relate to disallowance of deduction under 10B of the Act by the Assessing Officer, which has been deleted by the Ld. CIT(A). 7.1 The facts qua the issue in dispute

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

7. Now we take up the appeal of the Revenue having ITA No. 5491/Del/2013. The Ground Nos. 1 to 1.5 and 2 of the appeal of the Revenue relate to disallowance of deduction under 10B of the Act by the Assessing Officer, which has been deleted by the Ld. CIT(A). 7.1 The facts qua the issue in dispute

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

7. Now we take up the appeal of the Revenue having ITA No. 5491/Del/2013. The Ground Nos. 1 to 1.5 and 2 of the appeal of the Revenue relate to disallowance of deduction under 10B of the Act by the Assessing Officer, which has been deleted by the Ld. CIT(A). 7.1 The facts qua the issue in dispute

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

7. Now we take up the appeal of the Revenue having ITA No. 5491/Del/2013. The Ground Nos. 1 to 1.5 and 2 of the appeal of the Revenue relate to disallowance of deduction under 10B of the Act by the Assessing Officer, which has been deleted by the Ld. CIT(A). 7.1 The facts qua the issue in dispute

THE PR. COMMISSIONER OF INCOME TAX-4 vs. GE MONEY FINANCIAL SERVICES PVT. LTD.

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

Section 2(iii) approval in view of the interim order dated 10th January, 2017 of the Division Bench of this Court. However, this does not, in any manner, confer any right upon the petitioner. Similarly, the communication dated 20th October, 2016 issued by the Ministry of Mines does not come to the aid of the petitioner. By the said

DCIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahu

68,45,650 and Rs.50,33,378. respectively. The assessing officer in the assessment completed under section 143(3) of the Act, computed deduction under ITA Nos. 3722, 3723/Del/2014, 2310/Del/12 & CO. No.258/Del/2012 14 section 80HHE of the Act in respect of Leela Galleria unit at Rs. 12,51,01,752 (as against Rs. 12,60,85,082 computed

DCIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahu

68,45,650 and Rs.50,33,378. respectively. The assessing officer in the assessment completed under section 143(3) of the Act, computed deduction under ITA Nos. 3722, 3723/Del/2014, 2310/Del/12 & CO. No.258/Del/2012 14 section 80HHE of the Act in respect of Leela Galleria unit at Rs. 12,51,01,752 (as against Rs. 12,60,85,082 computed

ACIT, NEW DELHI vs. M/S. DSL SOFTWARE LTD., NEW DELHI

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahu

68,45,650 and Rs.50,33,378. respectively. The assessing officer in the assessment completed under section 143(3) of the Act, computed deduction under ITA Nos. 3722, 3723/Del/2014, 2310/Del/12 & CO. No.258/Del/2012 14 section 80HHE of the Act in respect of Leela Galleria unit at Rs. 12,51,01,752 (as against Rs. 12,60,85,082 computed

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.

10A, 10B and 80HHE of the Act into Section 80IC of the Act was at best a self serving attempt to justify its stand and that the assessee’s business of supplying manpower from IT jobs may not fall within the meaning of “Information and Communication Technology Industry”. The ld. CIT(A) mentioned that the assessee supplied a breakup

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.

10A, 10B and 80HHE of the Act into Section 80IC of the Act was at best a self serving attempt to justify its stand and that the assessee’s business of supplying manpower from IT jobs may not fall within the meaning of “Information and Communication Technology Industry”. The ld. CIT(A) mentioned that the assessee supplied a breakup

DCIT (LTU), NEW DELHI vs. M/S. AVTEC LTD., NEW DELHI

In the result, the department’s appeal stands

Bench: Shri G.D.Agrawal, Hon’Ble & Shri Sudhanshu Srivastavaassessment Year: 2009-10 Dcit (Ltu), Vs Avtec Ltd. Nbcc Plaza, Pushp Vihar, 8Th Floor, Birla Tower, Sector-Iii, 25, Barakhamba Road New Delhi New Delhi-110001 Pan : Aafca1313C Appellant Respondent

68,251/-, made by AO on account of allocation of bank and loan processing charges to MPEZ (10AA) unit. 4. On the facts and the circumstances of the case and in law, the Ld. CIT (Appeals) has erred in deleting the addition of Rs. 73,54,190/-, made by AO on account of price difference in respect of goods transferred

M/S. HCL COMNET SYSTEMS AND SERVICES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowlashri N.K. Billaiya

7-1999 should be treated as capital expenditure and licence fee on revenue sharing basis after 1-8-1999 should be treated as revenue expenditure. (ii) Capital expenditure will qualify for deduction as per section 35ABB. 32. Facts of the present case appears to be similar to the facts involved in the case of CIT Vs Bharti Hexacom

ACIT, NEW DELHI vs. M/S. HCL COMNET SYSTEMS AND SERVICES LTD., NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowlashri N.K. Billaiya

7-1999 should be treated as capital expenditure and licence fee on revenue sharing basis after 1-8-1999 should be treated as revenue expenditure. (ii) Capital expenditure will qualify for deduction as per section 35ABB. 32. Facts of the present case appears to be similar to the facts involved in the case of CIT Vs Bharti Hexacom