CIT v. Bacardi Martini India Ltd.

ACIT, CIRCLE- 26(2), NEW DELHI vs. VODAFONE IDEA LTD. (EARLIER KNWON AS VODAFONE MOBILE SERVICES LTD.), NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 1999-2000 Vs. M/S. Vodafone West Ltd. Acit, Circle-26(2), (Thereafter Merged With New Delhi Vodafone Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi Pan: Aaacf1190P (Appellant) (Respondent) With Assessment Year: 2007-08 Vs. M/S. Vodafone Idea Ltd. Acit, Circle-26(2), (Earlier Known As Vodafone New Delhi Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi Pan: Aaacb2100P (Appellant) (Respondent) Assessee By Sh. Salil Kapoor, Adv. Sh. Anil Chachra, Adv. Ms. Ananya Kapoor, Adv. Department By Sh. Vijay B. Basanta, Cit(Dr) Date Of Hearing 06.03.2025 Date Of Pronouncement 21.03.2025 Order Per Satbeer Singh Godara, Jm These Revenue’S Appeals Ita No.7658/Del/2018 & 8079/Del/2018 For Assessment Years 1999-2000 & 2007-08

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER Assessment Year: 1999-2000 Vs. M/s. Vodafone West Ltd. ACIT, Circle-26(2), (thereafter merged with New Delhi Vodafone Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi PAN: AAACF1190P (Appellant) (Respondent) With Assessment Year: 2007-08 Vs. M/s. Vodafone Idea Ltd. ACIT, Circle-26(2), (earlier known as Vodafone New Delhi Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi PAN: AAACB2100P (Appellant) (Respondent) Ass…

ACIT, CIRCLE-26(2), NEW DELHI vs. VODAFONE WEST LTD., (THEREAFTER MERGED WITH VODAFONE MOBILE SERVICES LTD.),, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 1999-2000 Vs. M/S. Vodafone West Ltd. Acit, Circle-26(2), (Thereafter Merged With New Delhi Vodafone Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi Pan: Aaacf1190P (Appellant) (Respondent) With Assessment Year: 2007-08 Vs. M/S. Vodafone Idea Ltd. Acit, Circle-26(2), (Earlier Known As Vodafone New Delhi Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi Pan: Aaacb2100P (Appellant) (Respondent) Assessee By Sh. Salil Kapoor, Adv. Sh. Anil Chachra, Adv. Ms. Ananya Kapoor, Adv. Department By Sh. Vijay B. Basanta, Cit(Dr) Date Of Hearing 06.03.2025 Date Of Pronouncement 21.03.2025 Order Per Satbeer Singh Godara, Jm These Revenue’S Appeals Ita No.7658/Del/2018 & 8079/Del/2018 For Assessment Years 1999-2000 & 2007-08

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER Assessment Year: 1999-2000 Vs. M/s. Vodafone West Ltd. ACIT, Circle-26(2), (thereafter merged with New Delhi Vodafone Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi PAN: AAACF1190P (Appellant) (Respondent) With Assessment Year: 2007-08 Vs. M/s. Vodafone Idea Ltd. ACIT, Circle-26(2), (earlier known as Vodafone New Delhi Mobile Services Ltd.), C-48, Okhla Industrial Area, Phase-2, New Delhi PAN: AAACB2100P (Appellant) (Respondent) Ass…

ACIT, CIRCLE-3(1)(1), INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, GURGAON

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE 3(1)(1), INTERNATIONAL TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATE

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE 3(1)(1), INTERNATIONAL TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATE

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1), INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1), INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1) INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1), INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1) INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1) , INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1), INT.TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

DCIT, CIRCLE-3(1)(1), INT. TAXATION, NEW DELHI vs. RAYTHEON COMPANY, UNITED STATES

In the result, all the appeals of the Revenue for the

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.1383 To 1392/Del/2023 िनधा"रणवष"/Assessment Yeasrs:2004-05 To 2006-07, 2008-09 To 2011-12 & 2014-15 To 2016-17 बनाम Dcit, Raytheon Company Circle 3(1)(1), Vs. 870, Winter Steet, Int. Taxation, Waltham-Ma 02451, Room No. 416, Foreign Usa, 4Th Floor, E-2 Block, Usa. Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.441/Del/2023 िनधा"रणवष"/Assessment Year:2007-08 बनाम Acit, Raytheon Company Circle 3(1)(1), Vs. C/O Srbc & Associates Int. Taxation, Llp, Golf View Corporate Room No. 416, Tower-B, Sector-42, 4Th Floor, E-2 Block, Sector Road, Gurgaon, Dr. S.P. Mukherjee Civic Centre, Haryana. J.L. Nehru Marg, New Delhi. Pan No. Aadcr3511P अपीलाथ" Appellant ""यथ"/Respondent

…etch of imagination it can be said that the Appellant has concealed any particulars of income. M/s Raytheon Company 5.2.14 Further, as rightly said by the judgement passed by the Hon’ble Delhi High Court in the case of Bacardi Martini India Limited [2007] (288 ITR 585) relied by the Appellant in its submission, concealment must be accompanied with the intention of the Taxpayer to evade his tax liability. Merely because there was difference of opinion between the Taxpayer and the Assessing Officer, it cannot be said that the Taxpayer had the intention to conceal his income. Also, the judgement passed by the Del…

M/S. INTERCONTINENTAL HOTELS GROUP INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

…gard are as under: a) CIT vs Reliance Petroproducts Pvt. Ltd. [(2010) 322ITR 158] (SC) b) CIT vs. Nath Bros. Exim International Ltd [2007] 288 ITR 670 (Delhi HC) c) Devsons Pvt. Ltd vs. CIT(A) [2011] 196 TAXMAN 21 (Delhi HC) d) CIT Vs. Bacardi Martini (2007) (288 ITR 585) (Delhi. HC) e) Karan Ragh a v Exports P Ltd vs CIT [2012] 349 ITR 112 (Del HC) f) CIT v. Krishna Maruti Ltd. [2011] 11 taxmann.coml48 (Delhi HC) g) Harshvardhan Chemicals and Minerals Ltd. [2003] (259 ITR 212) (Rajasthan HC) h) Calcutta Credit Corporation [1987] (166 ITR 29) (Calcutta HC) i) Garg Engineering Co [1999] 235 ITR 451) (Allahabad Hig…

SMT. SUMAN LAKHANI,NEW DELHI vs. ACIT, FARIDABAD

In the result, the penalty amounting to Rs

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

…he revenue is not able to establish either concealment of income or furnishing of inaccurate particulars of income, penalty u/s 271(1 )(c) is not leviable. In such circumstances, Hon'ble Delhi High Court in the case of CIT v. Bacardi Martini India Ltd. [2007] 288 ITR 585/158 TAXMAN 348 held that no penalty is imposable. In the present case, in the penalty proceedings no concealment of income or inaccurate particulars of its income has been established by the department. They simply relied on the findings in the assessment order, which will not suffice for levy of penalty. Making a wrong claim of deduction-will…

M/S. NEEMRANA HOTELS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaassessment Year: 2008-09 M/S Neemrana Hotels Private Dy.Commissioner Of Limited, Income Tax, Vs A-20B Lajpat Nagar-2, Circle 13(1), New Delhi. New Delhi. Appellant Respondent Assessee By : Shri Salil Kapoor, Adv. Shri Shivesh Pandiya, Adv. Department By: Ms Rinku Singh, Sr. Dr Date Of Hearing : 28.02.2019 Date Of Pronouncement : 24.05.2019

…but in appeal the Ld. CIT (A) had accepted the report and partly allowed the appeal on the basis of the values of land and building mentioned in the report. 3.2 Reliance was placed on the judgment in the case of CIT vs. Bacardi Martini India Ltd reported in 288 ITR 585 wherein it was held that disallowance of claim cannot be a ground to impose penalty under section 271(l)(c). Reliance was also placed on the ITAT’s decision in DCIT vs. JMD Advisors Pvt Ltd reported in 124 ITD 223 wherein it was held by the ITAT Delhi benches that no penalty can be levied on the addition made in the assessment on the basis of…

M/S. NEEL METAL PRODUCTS LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result appeal filed by assessee for AY 2007-08

Bench: Smt. Beena A Pillai & Shri Prashant Maharishi

…im was not acceptable to revenue, would not by itself attract penalty under section 271 (1) (c ) of the Act. The disallowance can at best be a wrong claim but not a false claim. Hon’ble Delhi High Court in case of CIT vs. Bacardi Martini India Ltd reported in 158 Taxmann 348, held as under: “11. The crux of the ratio of above decisions is that a mere omission or negligence would not constitute a deliberate act of suppressio veri or suggestio falsi. In order to be covered within the proviso of clause (c) of sub-section (1) of section 271, there has to be concealment of particulars of income by the assessee or the…

M/S. NEEL METAL PRODUCTS LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result appeal filed by assessee for AY 2007-08

Bench: Smt. Beena A Pillai & Shri Prashant Maharishi

…im was not acceptable to revenue, would not by itself attract penalty under section 271 (1) (c ) of the Act. The disallowance can at best be a wrong claim but not a false claim. Hon’ble Delhi High Court in case of CIT vs. Bacardi Martini India Ltd reported in 158 Taxmann 348, held as under: “11. The crux of the ratio of above decisions is that a mere omission or negligence would not constitute a deliberate act of suppressio veri or suggestio falsi. In order to be covered within the proviso of clause (c) of sub-section (1) of section 271, there has to be concealment of particulars of income by the assessee or the…

ACIT, NEW DELHI vs. M/S. NEEL METAL PRODUCTS LTD., NEW DELHI

In the result appeal filed by assessee for AY 2007-08

Bench: Smt. Beena A Pillai & Shri Prashant Maharishi

…im was not acceptable to revenue, would not by itself attract penalty under section 271 (1) (c ) of the Act. The disallowance can at best be a wrong claim but not a false claim. Hon’ble Delhi High Court in case of CIT vs. Bacardi Martini India Ltd reported in 158 Taxmann 348, held as under: “11. The crux of the ratio of above decisions is that a mere omission or negligence would not constitute a deliberate act of suppressio veri or suggestio falsi. In order to be covered within the proviso of clause (c) of sub-section (1) of section 271, there has to be concealment of particulars of income by the assessee or the…