Cairn U.K Holdings Limited v. Director Of Income-Tax

Bando India Pvt. Ltd., Gurgaon vs. ITO, Ward- 1(3), Gurgaon

In the result, the appeal of the assessee is allowed as indicated above

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh[Assessment Year: 2013-14]

…ence as propounded by the Hon’ble Supreme Court in the case of Radhasoami Satsang Vs Commissioner Of Income reported in 193 ITR 321 (SC). Similarly, the Hon’ble Delhi High Court in the case of Cairn U.K Holdings Limited vs Director Of Income-Tax reported in 359 ITR 268 (Del.) has held that there has to be consistency, uniformity and certainty in the approach of the Revenue. Relevant observations of the Hon’ble Jurisdictional High Court are extracted below. “There is another aspect which should be taken into consideration and not ignored. Decision in the case of Timkin France SAS (Supra) was pronounced on 1s…

Sukumar Enterprises Pvt. Ltd., New Delhi vs. ITO, Ward 24(3), New Delhi

The appeals are partly allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

…mitted that it is settled position of law that there has to be consistency in the approach of the revenue and there cannot be any different treatment among the two different assessees vis-a-vis same transaction. The Ld. AR relied upon the decision of Crain Uk 359 ITR 268(Del). 11. The Ld. AR submitted that it is an admitted fact that M/s Rockland Hospital has admitted that its own undisclosed income had been routed through these companies, and nothing has been brought on record by the revenue to say that the money received by the assessee is somewhat different and the money which Rock Land owns is different. The…

Sanskriti Tradex (P) Ltd., New Delhi vs. ITO, Ward 24(3), New Delhi

The appeals are partly allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

…mitted that it is settled position of law that there has to be consistency in the approach of the revenue and there cannot be any different treatment among the two different assessees vis-a-vis same transaction. The Ld. AR relied upon the decision of Crain Uk 359 ITR 268(Del). 11. The Ld. AR submitted that it is an admitted fact that M/s Rockland Hospital has admitted that its own undisclosed income had been routed through these companies, and nothing has been brought on record by the revenue to say that the money received by the assessee is somewhat different and the money which Rock Land owns is different. The…

Sailent Business Solutions Ltd., New Delhi vs. DCIT, New Delhi

In the result, reversing the order of the Ld

…d year is illegal and Sailent business solutions Limited V DCIT Circle 7(1) New Delhi A Y 2007-08 against the principle of consistency. It is submitted that this principle has been recently appreciated by the Hon'ble Delhi High Court in the case of Grain U.K 359 ITR 268(Del) and Excell Industries 358 ITR 295(SC). In yet another case Hon'ble Punjab and Harayana High Court in the case of Reita. Biscuts reported in 309 ITR 154(P&H) has held that once a_claim is accepted in subsequent year then no disallowance is permissible in impugned year if there is no change in facts. 20. The relevant observation of the Hon'ble…

Abercrombie & Kent India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal is partly allowed

Bench: Shri I. C. Sudhira N D Shri Prashant Maharishi

…s submitted that now it is settled position of law that if some claim has been accepted in subsequent year then such claim is to be allowed in previous year also. Rieta Industries- 309 ITR 154(P&H). Recently Hon’ble Delhi High Court in the case of Crain U.K- 359 ITR 268(Del) has held that that there has to be consistency uniformity in the approach of revenue while dealing in taxation matters. Relevant observations of the High Court are as under:- “Certainty is integral to rule of law. Certainty and stability form the basis foundation of any fiscal laws. Highlighting this fact in Vodafone International Holding B…

Abercrombie & Kent India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal is partly allowed

Bench: Shri I. C. Sudhira N D Shri Prashant Maharishi

…s submitted that now it is settled position of law that if some claim has been accepted in subsequent year then such claim is to be allowed in previous year also. Rieta Industries- 309 ITR 154(P&H). Recently Hon’ble Delhi High Court in the case of Crain U.K- 359 ITR 268(Del) has held that that there has to be consistency uniformity in the approach of revenue while dealing in taxation matters. Relevant observations of the High Court are as under:- “Certainty is integral to rule of law. Certainty and stability form the basis foundation of any fiscal laws. Highlighting this fact in Vodafone International Holding B…

DDIT, New Delhi vs. M/S. Mitsubishi Motors Corporation

In the result, the appeal is dismissed

Bench: Shri R.S. Syal, Am & Shri C.M. Garg, Jm Assessment Year : 2010-11

…Panel (DRP) against the draft order charging tax @ 20% as against 10% offered by the assessee. The DRP found the facts of the instant case similar to those considered by the Hon’ble Delhi High Court in Cairn UK Holdings Ltd. vs. Director of Income-tax (2013) 359 ITR 268 (Del). Following the ratio of this judgment, the DRP accepted the assessee’s claim. The AO in the final order gave effect to the direction of the DRP in applying tax rate of 10%. The instant appeal has been filed by the Revenue on such application of 10% tax rate as against its claim of correct tax rate of 20%. 3 4. We have heard the ld. DR an…