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7,751 results for “depreciation”+ Section 44clear

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Key Topics

Section 143(3)95Addition to Income71Section 153A58Disallowance58Section 14A53Deduction31Depreciation31Section 13221Section 271(1)(c)17Section 148

DCIT CEN 5 3, MUMBAI, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1679/MUM/2025[2012-13]Status: DisposedITAT Mumbai26 Sept 2025AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

44, the assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation ICICI Lombard General Insurance Co. Ltd., ICICI Lombard General Insurance Co. Ltd., by claiming exemptions under section 10. It was also noted that

Showing 1–20 of 7,751 · Page 1 of 388

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17
Section 115J16
Section 3513

DCIT CEN 5 3, MUMBAI, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1680/MUM/2025[2015-16]Status: DisposedITAT Mumbai26 Sept 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

44, the assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation ICICI Lombard General Insurance Co. Ltd., ICICI Lombard General Insurance Co. Ltd., by claiming exemptions under section 10. It was also noted that

DCIT CEN 5 3, MUMBAI, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1681/MUM/2025[2016-17]Status: DisposedITAT Mumbai26 Sept 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

44, the assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation ICICI Lombard General Insurance Co. Ltd., ICICI Lombard General Insurance Co. Ltd., by claiming exemptions under section 10. It was also noted that

DCIT CEN 5 3, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1682/MUM/2025[2017-18]Status: DisposedITAT Mumbai26 Sept 2025AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

44, the assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation assessee could not take its income outside the purview of taxation ICICI Lombard General Insurance Co. Ltd., ICICI Lombard General Insurance Co. Ltd., by claiming exemptions under section 10. It was also noted that

COMMISSIONER OF INCOME TAX vs. MAHENDRA MILLS

The appeal is dismissed

C.A. No.-005394-005394 - 1994Supreme Court15 Mar 2000
For Respondent: MAHENDRA MILLS
Section 32Section 34Section 72Section 73

depreciation is not allowed. These provisions also indicate, along with section 28 which requires that the income from a business has to be computed in accordance with the provisions of sections 29 to 44

THE ORIENTAL INSURANCE CO. LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

ITA 1952/DEL/2018[2013-14]Status: DisposedITAT Delhi29 May 2023AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

Section 10(38)Section 111ASection 115JSection 143(3)Section 14ASection 32

depreciation allowance claim for 2013-14 were on record. 4. On the facts and in law the CIT(A) erred in upholding disallowance of Rs. 3,16,82,836/- being provision made for standard assets. 5. That on facts and in law the order of Assessment u/s 143(3) passed by the AO is bad in law and void

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. THE ORIENTAL INSURANCE CO. LTD., NEW DELHI

ITA 1750/DEL/2018[2013-14]Status: DisposedITAT Delhi29 May 2023AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

Section 10(38)Section 111ASection 115JSection 143(3)Section 14ASection 32

depreciation allowance claim for 2013-14 were on record. 4. On the facts and in law the CIT(A) erred in upholding disallowance of Rs. 3,16,82,836/- being provision made for standard assets. 5. That on facts and in law the order of Assessment u/s 143(3) passed by the AO is bad in law and void

DCIT, MUMBAI vs. ICICI PRUDENTIAL LIFE INSURANCE LIMITED, MUMBAI

ITA 3003/MUM/2024[2021-22]Status: DisposedITAT Mumbai04 Dec 2024AY 2021-22
For Appellant: Ms. Arati VissanjiFor Respondent: Ms. Madhu Malati Ghosh
Section 10Section 10(15)Section 10(34)Section 143(3)Section 144BSection 14ASection 28Section 44

Depreciation) 7,85,212 A. Total income under the head Income from Business and Profession 1589,77,69,978 B. Income from other sources 577,04,87,000 C. Surplus in shareholders account 2166,82,56,978 Total Assessed Income (Rounded off) 21,66,82,56,980 5. Being aggrieved, the Assessee preferred the appeal before the CIT(A) which

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 6(2), MUMBAI., MUMBAI vs. ICICI PRUDENTIAL LIFE INSURANCE LIMITED, MUMBAI

ITA 2384/MUM/2024[2020-21]Status: DisposedITAT Mumbai04 Dec 2024AY 2020-21
Section 10Section 10(15)Section 10(34)Section 143(3)Section 144BSection 14ASection 28Section 44

Depreciation) 7,85,212 A. Total income under the head Income from Business and Profession 1589,77,69,978 B. Income from other sources 577,04,87,000 C. Surplus in shareholders account 2166,82,56,978 Total Assessed Income (Rounded off) 21,66,82,56,980 5. Being aggrieved, the Assessee preferred the appeal before the CIT(A) which

M/S THE ORIENTAL INSSURANCE CO.LTD.,,NEW DELHI vs. DCIT, NEW DELHI

ITA 200/DEL/2016[2011-12]Status: DisposedITAT Delhi22 Nov 2022AY 2011-12

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmam/S. The Oriental Insurance Co. Ltd, Vs. The Dcit, A 25/27, Asaf Ali Road, Ltu, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan: Aaact0627R

For Appellant: Shri Tarandeep Singh, AdvFor Respondent: Ms. Sarita Kumari, CIT DR
Section 10(38)Section 115Section 115JSection 143(1)Section 143(2)Section 143(3)Section 14ASection 28Section 44

44 of the Income Tax Act whereas second category is covered under section 28 of the Income Tax Act, 1961. The same was held on the basis that the gain from transfer of long term capital asset being equity shares was part of appellant‟s business activities during the previous year and as such all these securities constituted stock

TATA COMMUNICATIONS LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

ITA 3515/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Sept 2025AY 2018-19

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

For Appellant: Shri J. D. MistriFor Respondent: Shri Ritesh Misra, CIT DR
Section 112Section 143(3)Section 263Section 50

44. Accordingly, we hold that capital gains arising out of the depreciable asset u/s 50 even though deem to be capital gain arising from transfer of a short term capital asset, that fiction has to be confined only to section

SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

ITA 261/MUM/2025[2022-23]Status: DisposedITAT Mumbai26 Jun 2025AY 2022-23

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar & Chaitanya
Section 112Section 194CSection 250Section 37(1)Section 40Section 50

44. Accordingly, we hold that capital gains arising out of the depreciable asset u/s 50 even though deem to be capital gain arising from transfer of a short term capital asset, that fiction has to be confined only to section

MOSBACHER INDIA LLC,CHENNAI vs. ADDL. DIT, CHENNAI

In the result, the appeal is partly allowed in the terms indicated above

ITA 1085/CHNY/2015[2010-11]Status: DisposedITAT Chennai29 Nov 2016AY 2010-11
Section 143(3)Section 42(2)Section 42(2)(b)

depreciation is admissible under section 32" had been omitted; and] (c) to the depletion of mineral oil in the mining area in respect of the assessment year relevant to the previous year in which commercial production is begun and for such succeeding year or years as may be specified in the agreement; and such allowances shall be computed and made

ICICI PRUDENTIAL LIFE INSURANCE COMPANY LTD,MUMBAI vs. ASST CIT CIR 6(1), MUMBAI

ITA 384/MUM/2015[2012-13]Status: DisposedITAT Mumbai22 Nov 2019AY 2012-13

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 384/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2012-13)

For Appellant: Ms. Arati Vissanji, ARFor Respondent: Shri Awangshi Gimson
Section 10Section 115BSection 143(3)Section 14ASection 44

depreciation has been claimed on these assets. Taxation of Life Insurance is presumptive taxation with only the surplus as disclosed by Form I being subjected to tax. In my view, as per the provisions of law only those adjustments which are expressly not prohibited under section 44

MAX NEW YORK LIFE INSURANCE COMPANY LTD.,GURGAON vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

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

ITA 541/DEL/2018[2014-15]Status: DisposedITAT Delhi13 May 2020AY 2014-15

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimax New York Life Insurance Vs. Dcit, Company Ltd, Circle-1, Ltu, New Delhi Plot No. 90A, Sector-18, Udyog Vihar, Haryana (Appellant) (Respondent)

For Appellant: Shri Himanshu S. Sinha, AdvFor Respondent: Ms. Parmita M. Biswas, CIT DR
Section 10(34)Section 115BSection 271(1)(c)Section 37(1)Section 44Section 72Section 80G

44: 'Notwithstanding anything to the contrary contained in the provisions of this Act relating to the computation of income chargeable under the head "interest on Securities", "Income from House Property", "capital gains" or "Income from other sources", or in section 199 or in section 28 to 43B, profits and gains of any business of insurance, including any such business carried

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

ITA 293/BANG/2025[2020-21]Status: DisposedITAT Bangalore30 Jan 2026AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Padamchand Kincha, CAFor Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 250Section 254Section 37Section 90

44 of 53 restricted strictly to the amount quantified by DSIR and not beyond that. Any expenditure not approved or quantified by DSIR cannot qualify for weighted deduction. 54.5 The learned DR further contended that the assessee cannot automatically seek allowance of the unapproved expenditure under section 35(1)(i) or section 37(1) of the Act. According

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

ITA 290/BANG/2025[2017-18]Status: DisposedITAT Bangalore30 Jan 2026AY 2017-18

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Padamchand Kincha, CAFor Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 250Section 254Section 37Section 90

44 of 53 restricted strictly to the amount quantified by DSIR and not beyond that. Any expenditure not approved or quantified by DSIR cannot qualify for weighted deduction. 54.5 The learned DR further contended that the assessee cannot automatically seek allowance of the unapproved expenditure under section 35(1)(i) or section 37(1) of the Act. According

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

ITA 292/BANG/2025[2019-20]Status: DisposedITAT Bangalore30 Jan 2026AY 2019-20

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Padamchand Kincha, CAFor Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 250Section 254Section 37Section 90

44 of 53 restricted strictly to the amount quantified by DSIR and not beyond that. Any expenditure not approved or quantified by DSIR cannot qualify for weighted deduction. 54.5 The learned DR further contended that the assessee cannot automatically seek allowance of the unapproved expenditure under section 35(1)(i) or section 37(1) of the Act. According

ACIT, KOTA vs. MANGALAM CEMENT LTD., KOTA

ITA 82/JPR/2014[2008-09]Status: DisposedITAT Jaipur30 Jan 2017AY 2008-09
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri H.V. Gurjar (CIT)
Section 143(3)Section 147Section 148Section 32(1)Section 32(1)(i)Section 32(1)(ii)Section 32(1)(iia)Section 43B

section 143(3) of the Act. Now, examining the said claim of additional depreciation during the reassessment proceedings would therefore be a clear case of change of opinion. On this ground as well, the reassessment proceedings can not be held valid in law. 12.7 As far as the issue of claim of deduction u/s 43B of the Act we agree

M/S THE ORIENTAL INSURANCE CO. LTD.,,NEW DELHI vs. DCIT (LTU), NEW DELHI

In the result, the grounds raised by the Revenue are dismissed

ITA 6133/DEL/2016[2009-10]Status: DisposedITAT Delhi31 Aug 2020AY 2009-10

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri Tarandeep Singh AdvocateFor Respondent: Shri H.K. Choudhary CIT-DR
Section 10(38)Section 115JSection 14Section 143(3)Section 14ASection 44

Section 44 of the Income Tax Act, the profits and gains of any insurance business is computed in accordance with the rules contained in the First Schedule to the Act. In rule 5 of this Schedule, profits and gains of any business of insurance, other than life insurance, are taken to be balance of profits disclosed in the annual accounts