DCM Benetton India Limited v. CIT

Hcl Technologies Ltd., New Delhi vs. ACIT, New Delhi

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, C: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA Nos.5624/Del/2010 & 5465/Del/2011 [Assessment Years: 2006-07 and 2007-08] HCL Technologies Limited, Asst. Commissioner of 806, Siddhartha 96, Income Tax, Central Circle-2, Nehru Place, New Delhi. Vs New Delhi. PAN- AAACH1645P Assessee Revenue Assessee by Shri Ajay Vohra, Sr. Adv., Shri Neeraj Jain, Adv., Shri Aditya Vohra, Adv., Shri Arpit Goyal, CA & Shri Shashvat Dhamija, Adv. Revenue by Shri G.C. Srivastava, Special Counsel (VC), Shri Kalrav Malhotra, Adv…

Hcl Technologies Ltd, New Delhi vs. ACIT, New Delhi

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, C: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA Nos.5624/Del/2010 & 5465/Del/2011 [Assessment Years: 2006-07 and 2007-08] HCL Technologies Limited, Asst. Commissioner of 806, Siddhartha 96, Income Tax, Central Circle-2, Nehru Place, New Delhi. Vs New Delhi. PAN- AAACH1645P Assessee Revenue Assessee by Shri Ajay Vohra, Sr. Adv., Shri Neeraj Jain, Adv., Shri Aditya Vohra, Adv., Shri Arpit Goyal, CA & Shri Shashvat Dhamija, Adv. Revenue by Shri G.C. Srivastava, Special Counsel (VC), Shri Kalrav Malhotra, Adv…

Preet Singh vs. Asstt. Commissioner Ofincome Tax, Circle 32(1), & Anr

The appeal is disposed of in the aforesaid terms

Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MS. JUSTICE TARA VITASTA GANJU

…2023:DHC:2438-DB ITA 106/2023 Page 1 of 5 $~ 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20.03.2023 + ITA 106/2023 PREET SINGH ..... Appellant Through: Mr Satyen Sethi, Advocate. Versus ASSTT. COMMISSIONER OFINCOME TAX, CIRCLE 32(1), & ANR. ..... Respondents Through: Mr Shailendera Singh, Sr. Standing Counsel. CORAM: HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MS JUSTICE TARA VITASTA GANJU [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J. (ORAL):…

Preet Singh vs. Asstt. Commissioner Ofincome Tax, Circle 32(1), & Anr

Bench: The Next Date Of Hearing.

…$~ 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 106/2023 & CM APPL. 8188/2023 PREET SINGH ..... Appellant Through: Mr Satyen Sethi and Mr Arta Trana Panda, Advs. versus ASSTT. COMMISSIONER OFINCOME TAX, CIRCLE 32(1), & ANR. ..... Respondents Through: Mr Shailendera Singh, Sr. Standing Counsel, Mr Viplav Acharya, Jr Standing Counsel and Mr Akash Saxena, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 20.02.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM No.8188/20…

Metropolis Healthcare Ltd., Mumbai vs. DCIT, Circle- 16(2), New Delhi

In the result, the claim of the deduction of dividend distribution tax made by the assessee in this additional ground is rejected

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) ITA No. 1546 & 1547/Del/2018 (Assessment Year: 2012-13 and 2014-15) Metropolis Healthcare Ltd, Vs. DCIT, 250-D, Udyog Bhawan, Hindi Cycle Circle-16(2), Marg, Worli, Mumbai, New Delhi Maharashtra, PAN: AACCP1414E (Appellant) (Respondent) Assessee by : Shri Mayank Patwari, CA Revenue by: Shri S. S. Negi, Sr. DR Date of Hearing 08/04/2021 Date of pronouncement 06/07/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. These are the two appeals fil…

Metropolis Healthcare Ltd., Mumbai vs. DCIT, Circle- 16(2), New Delhi

In the result, the claim of the deduction of dividend distribution tax made by the assessee in this additional ground is rejected

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) ITA No. 1546 & 1547/Del/2018 (Assessment Year: 2012-13 and 2014-15) Metropolis Healthcare Ltd, Vs. DCIT, 250-D, Udyog Bhawan, Hindi Cycle Circle-16(2), Marg, Worli, Mumbai, New Delhi Maharashtra, PAN: AACCP1414E (Appellant) (Respondent) Assessee by : Shri Mayank Patwari, CA Revenue by: Shri S. S. Negi, Sr. DR Date of Hearing 08/04/2021 Date of pronouncement 06/07/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. These are the two appeals fil…

Nikon India Pvt. Ltd., Gurgaon vs. DCIT, Circle- 3(1), Gurgaon

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

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Nikon India Pvt. Ltd., Vs. Dcit, Plot No.71, Sector-32, Circle-3(1), Institutional Area, Gurgaon. Gurgaon. Pan: Aaccn5100F (Appellant) (Respondent) Assessee By : Shri Vishal Kalra, Shri S.S. Tomar & Shri Ankit Shahni, Advocates Revenue By : Shri H.K. Choudhalry, Cit, Dr Date Of Hearing : 26.11.2018 Date Of Pronouncement : 24.01.2019 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 9Th October, 2018 Passed U/S 143(3) Read With Section 144C Of The It Act, 1961 For Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Belongs To Nikon Group Of Cases Which Is Involved In A Broad Spectrum Of Business Centred On Precision Equipment, Imaging Products, Instruments & Other Business. The Activities Of The Nikon Group Are Carried Out Through The Following Divisions:- I) Precision Equipment Business, Ii) Imaging Products Business, Iii) Instruments Business, Iv) Other Businesses. 3. The Assessee Filed Its Return Of Income On 24.11.2014 Declaring Total Income Of Rs.66,47,37,700/-. The Assessing Officer Made A Reference U/S 92Ca(1) Of The It Act To Determine The Arm’S Length Price Of The International Transactions Entered Into By The Assessee With Its Aes During The F.Y. 2013-14. The Tpo, During The Course Of Tp Assessment Proceedings Observed That The Assessee Has Entered Into The Following International Transactions During The Year:- No. Nature Of Transaction Value (Inr) Method Applied 1. Purchase Of Goods, Promotional & 6,571,207,639 Rpm Other Supplies 2 Purchase Of Fixed Assets 7,049,548 Tnmm 3 Service Income 30,717,853 Tnmm 4 Warranty Reimbursements Received 69,937,244 Cup 5. Cost Reimbursements Received 2,619,750 Cup 6 Cost Reimbursements Paid 5,628,706 Cup

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : I-2 : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2014-15 Nikon India Pvt. Ltd., Vs. DCIT, Plot No.71, Sector-32, Circle-3(1), Institutional Area, Gurgaon. Gurgaon. PAN: AACCN5100F (Appellant) (Respondent) Assessee by : Shri Vishal Kalra, Shri S.S. Tomar & Shri Ankit Shahni, Advocates Revenue by : Shri H.K. Choudhalry, CIT, DR Date of Hearing : 26.11.2018 Date of Pronouncement : 24.01.2019 ORDER PER R.K. PANDA, AM: This appeal by the assessee is directed against the order dated 9th October, 2018 pa…

ACIT, Circle-1 vs. Oil & Natural Gas Corporation Ltd

In the result, appeal filed by the Revenue is dismissed

Bench: Shri N.K. Billaiya & Smt Beena A. Pillai

…nd cannot be allowed to be raised at this stage. 4. Per contra, the ld. Counsel for the assessee stated that all the relevant details are very much on record and as per the judgment of the Hon'ble High Court of Delhi in the case of DCM Benetton India Limited 173 Taxmann 283, the assessee is eligible to raise such additional ground. 5. We have carefully considered the orders of the authorities below qua the additional ground raised by the assessee. It is true that by raising this additional ground, the assessee is trying to claim deduction of prior period expenses and no point of law is involved. However, we fin…

Oil & Natural Gas Corporation Ltd vs. Addl. CIT, Range-I

In the result, appeal filed by the Revenue is dismissed

Bench: Shri N.K. Billaiya & Smt Beena A. Pillai

…nd cannot be allowed to be raised at this stage. 4. Per contra, the ld. Counsel for the assessee stated that all the relevant details are very much on record and as per the judgment of the Hon'ble High Court of Delhi in the case of DCM Benetton India Limited 173 Taxmann 283, the assessee is eligible to raise such additional ground. 5. We have carefully considered the orders of the authorities below qua the additional ground raised by the assessee. It is true that by raising this additional ground, the assessee is trying to claim deduction of prior period expenses and no point of law is involved. However, we fin…