DCIT, New Delhi v. M/s Elka Appliances

45 SOT 7Income Tax Appellate Tribunal2011#17934 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 348,615 Indian tax judgments — from 2017 to 2025.

Judgments citing DCIT, New Delhi v. M/s Elka Appliances

Vodafone Digilink Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee Ground Nos 9 & 10 is allowed

ITA 1169/DEL/2014[2009-10]Status: DisposedITAT Mumbai12 Feb 2025AY 2009-10

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Percy J. Pardiwalla/wShriFor Respondent: Ms. Vatsala Jha (PCIT)
Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 35ASection 36(1)(m)Section 37(1)Section 40Section 43(1)

…e impugned payment and also the viability of the same. There should not be any doubt that these aspects are normally considered by the management of the company while making business decisions.......". "... 8. In the case of Dy. CIT v. Ekla Appliances [2011] 45 SOT 7 (Delhi) (URO), the TPO determined the ALP for the royalty payment to be Nil, primarily on the ground that the assessee has not been benefited from the technical Know how and the assessee was incurring losses continuously. The Hon'ble ITAT approved the observations made by the learned CIT(A) in that case in the following lines: "14.2 In this regard,…

The DCIT1(1), Indore vs. M/S. Agrawal Coal Corporation P Ltd., Indore

ITA 622/IND/2015[2010-11]Status: DisposedITAT Indore08 Mar 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meena

…wal Coal Corporation vs. DCIT and DCIT Vs. Agrawal Coal Corporation T.P.A. Nos.601 & 602/Ind/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 47 of 127 2.4.21. Further, reliance is also placed on the case of DCIT, New Delhi Vs M/s Elka Appliances (2011) (45 SOT 7), wherein Hon’ble Delhi ITAT held as under – “14.2 In this regard, learned Commissioner of Income Tax (Appeals) further mentioned that it is an acknowledged fact that transfer pricing has more to do with economic principles and business conditions that prevail in an uncontrolled situation. He further referred to certain OECD guidelines issued…

The DCIT-1(1), Indore vs. M/S. Agrawal Coal Corporation P. Ltd., Indore

ITA 607/IND/2015[2009-10]Status: DisposedITAT Indore08 Mar 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

…wal Coal Corporation vs. DCIT and DCIT Vs. Agrawal Coal Corporation T.P.A. Nos.601 & 602/Ind/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 47 of 127 2.4.21. Further, reliance is also placed on the case of DCIT, New Delhi Vs M/s Elka Appliances (2011) (45 SOT 7), wherein Hon’ble Delhi ITAT held as under – “14.2 In this regard, learned Commissioner of Income Tax (Appeals) further mentioned that it is an acknowledged fact that transfer pricing has more to do with economic principles and business conditions that prevail in an uncontrolled situation. He further referred to certain OECD guidelines issued…

M/S. Agrawal Coal Corporation P. Ltd., Indore vs. The DCIT -Circle 1(1), Indore

ITA 602/IND/2015[2010-11]Status: DisposedITAT Indore08 Mar 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meena

…wal Coal Corporation vs. DCIT and DCIT Vs. Agrawal Coal Corporation T.P.A. Nos.601 & 602/Ind/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 47 of 127 2.4.21. Further, reliance is also placed on the case of DCIT, New Delhi Vs M/s Elka Appliances (2011) (45 SOT 7), wherein Hon’ble Delhi ITAT held as under – “14.2 In this regard, learned Commissioner of Income Tax (Appeals) further mentioned that it is an acknowledged fact that transfer pricing has more to do with economic principles and business conditions that prevail in an uncontrolled situation. He further referred to certain OECD guidelines issued…

M/S. Agrawal Coal Corporation P. Ltd., Indore vs. The DCIT Range 1(1), Indore

ITA 601/IND/2015[2009-10]Status: DisposedITAT Indore08 Mar 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

…wal Coal Corporation vs. DCIT and DCIT Vs. Agrawal Coal Corporation T.P.A. Nos.601 & 602/Ind/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 47 of 127 2.4.21. Further, reliance is also placed on the case of DCIT, New Delhi Vs M/s Elka Appliances (2011) (45 SOT 7), wherein Hon’ble Delhi ITAT held as under – “14.2 In this regard, learned Commissioner of Income Tax (Appeals) further mentioned that it is an acknowledged fact that transfer pricing has more to do with economic principles and business conditions that prevail in an uncontrolled situation. He further referred to certain OECD guidelines issued…

DCIT, New Delhi v. M/s Elka Appliances (45 SOT 7) — Cited in 5 Judgments | BharatTax