CIT v. Career Launcher India Ltd.

GUJRAL DESIGN PLUS OVERSEAS PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 10(2), NEW DELHI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri C. M. Garg & Shri M. Balaganeshgujral Design Plus Overseas Vs. Dcit, Pvt. Ltd, Circle-10(2), 16, Feroz Gandhi Road, Lajpat New Delhi Nagar Iii, New Delhi (Appellant) (Respondent) Pan: Aaacg2661A

…Director could not have been paid to him as profit or dividend. Hence, the provision of section 36(1)(ii) of the Act are not applicable at all. Further, we also find Hon’ble Jurisdictional High Court in the case of Control & Switchgear Contractor Ltd Vs. DCIT 358 ITR 179 had held commission paid to Directors is eligible in the hands of the assessee company and they would not be hit by the provision of section 36(1)(ii) of the Act. 9. The Hon'ble Jurisdictional High Court in the case of AMD Metplast Pte Ltd Vs. DCIT 20 taxmann.com 647 had held that the commission paid to Managing Director for services rendered by…

SRC AVIATION PVT.LTD. vs. ASSISSTANT COMMISSIONER OF INCOME TAX & ANR.

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

…t so long as the bonus or commission is paid to the directors for services rendered and as part of their terms of employment it has to be allowed and sec.36(1)(ii) does not apply.” 25. The conclusion as reached in the CIT v. Career Launcher India Ltd. 358 ITR 179 (Del) was as long as the bonus or commission is paid to the directors for services rendered and as part of their term of employment, it has to be allowed. 26. We consider that the question of law is very well settled. There is no substantial question of law in the present cases. The assessing officer and CIT (A) have given a concurrent fi…

PR. COMMISSIONER OF INCOME TAX-1 vs. BMO ADVISORS PVT. LTD.

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

…ITA No.82/2022 Page 1 of 6 $~263 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 82/2022 PR. COMMISSIONER OF INCOME TAX-1 ..... Appellant Through: Mr.Sanjay Kumar, senior standing counsel. versus BMO ADVISORS PVT. LTD. ..... Respondent Through: None. % Date of Decision: 11th April, 2022 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE DINESH KUMAR SHARMA J U D G M E N T MANMOHAN, J (Oral): 1. Present appeal has been filed challenging the order dated 25th February, 2020 passed in ITA No. 9626/Del/2019 for the Assessment Year 2015-16. 2. Learned counsel for the Appellant states that no justification was give…

ADDL. CIT, NEW DELHI vs. M/S. A B PAL ELECTRICALS PVT. LTD., DELHI

In the result, the appeal of the revenue in ITA

Bench: Sh. H. S. Sidhu & Shri N. K. Billaiyaacit, Vs M/S. A B Pal Electrical Pvt. Spl. Range-1, Ltd., 1826, Bhagirath Place, New Delhi Chandni Chowk, Delhi-06

…by the Board, the commission paid to the directors was part of the salary and cannot be considered for the purpose of disallowance u/s 36(1)(ii) of the Act. The Hon’ble High Court has reiterated the above view in the case of CIT vs Carrier Launcher India Ltd. 250 CTR 240. In view of the above facts and circumstances of the case and judicial pronouncement of the jurisdictional High Court, the disallowance made by the AO cannot be sustained and hence the same is directed to be deleted. These grounds of appeal are allowed.” Since, the facts of this year are identical with the facts of the A.Y. 2010-11 and commissio…

DCIT, NEW DELHI vs. M/S. ABRO TECHNOLOGIES PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & Dr. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA. No.4687/DEL/2016 Assessment Year 2012-13 Deputy Commissioner of v. M/s. Abro Technologies Pvt. Income Tax, Ltd., Circle-1(1), 109, DSIDC Shed, Okhla New Delhi. Industrial Complex, New Okhla Industrial Area, Phase-II, New Delhi. TAN/PAN: AAACA0390E (Appellant) (Respondent) Appellant by: Shri Divyanshu Agarwal, Adv. & Shri Akarsh Garg, Adv. Respondent by: Shri Rajesh Kumar, Sr.D.R. Date of hearing: 18 02 2020 Date of pronouncement: 25 02 2020 O R D E R PER AMIT SHU…

M/S. CBRE SOUTH ASIA (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: Sh. R. K. Panda & Ms. Suchitra Kambleassessment Year: 2009-10

…milar view has been expressed by the Hon’ble High Court in the case of Controls & Switchgear Contactors Ltd. vs. DCIT reported in 269 CTR 44. 12. Referring to the decision of Hon’ble Delhi High Court in the case of CIT v. Career Launcher India Ltd reported in 358 ITR 179 he submitted that here also following the above judgment, disallowance made was deleted. He submitted that the learned Commissioner of Income Tax (Appeals) however has held that the resolution placed on record could not be accepted as on the date of passing of resolution on 27.05.2003, Sh. Anshuman Magazine was holding 99.99% shareholding and dis…

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

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

…nd was not in addition or in lieu of dividend linked to percentage of shares held by Mr. Munjal in the appellant company. We draw support for the aforesaid view from the recent decision of Delhi High Court in the case of Carrier Launchers India Ltd. vs. ACIT: 358 ITR 179, where, too, the High Court held that where the commission is paid in lieu of services provided by the employee and the amount of commission has no link with the dividend that the recipient would be 119 entitled to as a shareholder, such payment is outside the purview of section 36(1)(ii) of the Act. The relevant observations of the High Court ar…

M/S. SRC AVIATION PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee is dismissed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiacit, Vs. Src Aviation Pvt. Ltd, Circle-22(2), 507, G-5, Building, New Delhi Terminal1, Igi Airport, New Delhi Pan: Aabcs2455F (Appellant) (Respondent) Src Aviation Pvt. Ltd, Vs. Acit, 507, G-5, Building, Circle-22(2), Terminal1, Igi Airport, New Delhi New Delhi Pan: Aabcs2455F (Appellant) (Respondent)

…us. Accordingly, he confirmed the disallowance. 24. The learned authorised representative vehemently submitted that issue squarely covered in favour of the assessee by the decision of the honourable Delhi High Court in case of CIT V Carrier Launcher India Ltd 358 ITR 179 . He also relied upon the decision of the coordinate bench in case of ARihnatam Infraprojetcs P Ltd V Jt CIT 156 ITD 425 . He further submitted a copy of the resolution dated 29/03/2016 passed in the board meeting of the company wherein dividend of INR 1 130/– per share was declared. He therefore submitted that the assessees declaring bonus. He f…

HERO MOTOCORP LTD.,,NEW DELHI vs. ADDL.CIT, RANGE-11, NEW DELHI

In the result ground No

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

…nd was not in addition or in lieu of dividend linked to percentage of shares held by Mr. Munjal in the appellant company. We draw support for the aforesaid view from the recent decision of Delhi High Court in the case of Carrier Launchers India Ltd. vs. ACIT: 358 ITR 179, where, too, the High Court held that where the commission is paid in lieu of services provided by the employee and the amount of commission has no link with the dividend that the recipient would be entitled to as a shareholder, such payment is outside the purview of section 36(1)(ii) of the Act. The relevant observations of the High Court are as…

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

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

…nd was not in addition or in lieu of dividend linked to percentage of shares held by Mr. Munjal in the appellant company. We draw support for the aforesaid view from the recent decision of Delhi High Court in the case of Carrier Launchers India Ltd. vs. ACIT: 358 ITR 179, where, too, the High 106 Court held that where the commission is paid in lieu of services provided by the employee and the amount of commission has no link with the dividend that the recipient would be entitled to as a shareholder, such payment is outside the purview of section 36(1)(ii) of the Act. The relevant observations of the High Court a…

DCIT, NEW DELHI vs. M/S. CARYAIRE EQUIPMENT INDIA PVT. LTD., NOIDA

In the result, the appeal of the Revenue is dismissed

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

…lowance of Rs.12,00,000/- and hence, the same cannot be sustained. The addition is therefore, directed to be deleted.” The ld. Counsel for the assessee also relied on the decision of Hon’ble Delhi High Court in the case of CIT vs. Career Launcher India Ltd., 358 ITR 179 (Del.). 8. Having considered the rival submissions in the light of relevant record on file and the case laws cited by both the parties, we find no justification to discard the findings reached by the ld. CIT(A) in the impugned order. The Revenue has failed to rebut the findings of the ld. CIT(A), as reproduced above, which alludes that there was…