Income Tax Vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax v. Provincial Farmers (P) Ltd.

ACIT CIRCLE 25(1) , DELHI vs. TATA TELESERVICES LTD. , DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

TATA TELESERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE-25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

DCIT CIRCLE 25(1), NEW DELHI vs. TATA TELESERVICES LTD., NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

DCIT CIRCLE 25(1), NEW DELHI vs. TATA TELESERVICES LTD., NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

DCIT CIRCLE - 25(1), NEW DELHI vs. TATA TELESERVICES LTD.,, NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

DCIT CIRCLE - 25(1), NEW DELHI vs. TATA TELESERVICES LTD.,, NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

In the result, the appeal of the assessee in ITA

Bench: Shri Vikas Awasthy & Shri Manish Agarwal

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.4150/Del/2017 (ASSESSMENT YEAR 2011-12) ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5666/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) ITA No.5668/Del/2019 (ASSESSMENT YEAR 2015-16) ACIT, Circle-25(1), Vs. New Delhi. (Respondent) Tata Teleservices Limited, (Sanjay Chopra) A-37, Sector-60, Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) ITA No.5924/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5925/Del/2019 (ASSESSMENT…

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

TATA TELESERVICES LTD.,NOIDA vs. ACIT, CIRCLE- 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5665/Del/2019 (ASSESSMENT YEAR 2012-13) ITA No.5667/Del/2019 (ASSESSMENT YEAR 2014-15) Tata Teleservices Limited, ACIT, (Sanjay Chopra) Circle-25(1), A-37, Sector-60, Vs. New Delhi. Noida-201301, (U.P.) PAN-AAACT2438A (Appellant) (Respondent) ITA No.5925/Del/2019 (ASSESSMENT YEAR 2013-14) ITA No.5927/Del/2019 (ASSESSMENT YEAR 2015-16) 2 ITA No.4150 /Del/2017 & Ors. Tata Teleservices Ltd. vs. ACIT DCIT, Tata Teleservices Circle-25(1), Limited, New…

TATA TELESERVICES LTD.,NOIDA vs. ACIT, NEW DELHI

The appeals are allowed and impugned additions stand deleted

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

…of entry in the books of accounts is not determinative of the true nature of transaction. Reliance can be placed on decision in Commissioner of Income Tax Vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax Vs. Provincial Farmers (P) Ltd. 108 ITR 219 (Cal) and KCP Ltd. Vs. CIT, 245 ITR 421, which have been considered by Hon’ble Delhi High court in the case of Commissioner of Income-tax v Arvind Kumar Jain {[2012] 18 taxmann.com 132 (Delhi HC)}. In the present case after going through the relevant evidence of so called pre-operating expenses at page 21 of PB it has been established that the pa…

TATA TELESERVICES LTD.,NOIDA vs. ACIT, NEW DELHI

The appeals are allowed and impugned additions stand deleted

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

…of entry in the books of accounts is not determinative of the true nature of transaction. Reliance can be placed on decision in Commissioner of Income Tax Vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax Vs. Provincial Farmers (P) Ltd. 108 ITR 219 (Cal) and KCP Ltd. Vs. CIT, 245 ITR 421, which have been considered by Hon’ble Delhi High court in the case of Commissioner of Income-tax v Arvind Kumar Jain {[2012] 18 taxmann.com 132 (Delhi HC)}. In the present case after going through the relevant evidence of so called pre-operating expenses at page 21 of PB it has been established that the pa…

DCIT, CIRCLE- 62(1), NEW DELHI vs. RAMESH KUMAR PABBI, NEW DELHI

In the result, appeal of the Revenue is dismissed

Bench: Sh. Anil Chaturvedi & Ms. Suchitra Kamble(Through Video Conferencing) Assessment Year : 2013-14 Dcit Vs. Ramesh Kumar Pabbi Circle – 62(1), A-41, Phase-Ii, New Delhi Mayapuri Industrial Area, New Delhi-110017 Pan – Aanpp 5995 Q (Appellant) (Respondent) Assessee By Shri Sohail Malik, Sr.D.R. Revenue By Shri Lalit Mohan, Adv. Date Of Hearing: 16/03/2021 Date Of Pronouncement: 16/03/2021 Order Per Anil Chaturvedi, Am:

…is trite law that mere nomenclature of entry in the books of accounts is not determinative of the true nature of transaction. See Commissioner of Income Tax vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax vs Provincial Farmers (P) Ltd. 108 ITR 219 (Cal) and KCP Ltd. vs. CIT 245 ITR 421 In the present case after going through the relevant evidence as well as account maintained between the parties, it has been established that the payment made were the result of trading transaction between the parties and the amount was not given by way of loan or advance. 21.7 It is further noted that, so f…

ACIT, NEW DELHI vs. SH. ASHOK KUMAR GARG, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Inturi Rama Rao & Smt. Beena A. Pillaiassessment Year: 2009-10 Assistant Commissioner Of Vs. Sh. Ashok Kumar Garg, Income Tax, Circle-1(1), N-3, Kailash Colony, New Delhi New Delhi (Pan: Aagpg8032N) (Appellant) (Respondent) Appellant By : Sh. K.K. Jaiswal, Dr Respondent By : Sh. Ved Jain, Adv. Date Of Hearing: 09.09.2015 Date Of Pronouncement: 23.09.2015 Order Per Inturi Rama Rao, A.M.: This Is An Appeal Filed By The Revenue Directed Against The Order Of Cit(A)-Iv, New Delhi, Dated 27.02.2013, Passed For The Assessment Year 2009- 10. The Assessee Has Raised The Following Grounds Of Appeal: I. Whether The Learned Cit(A) Has Erred On Facts & In Law In Deleting The Addition Of Rs. 53,29,843/- On Account Of Deemed Dividend U/S 2(22)(E) Ignoring The Fact That The Advances Had Not Been Made In The Ordinary Course Of Business Expediency & The Assessee Had Been Regularly Repaying The Amount Received From The Company. Ii. The Appellant Craves Leave For Reserving The Right To Amend, Modify, Alter, Add Or Forego Any Ground(S) Of Appeal At Any Time Before Or During The Hearing Of This Appeal. 2. Brief Facts Of The Case Are That The Respondent Assessee Is An Individual Deriving Income From Salary From The Company, Namely, M/S A.K.G. Industries

…s trite law that mere nomenclature of entry in the books of accounts is not determinative of the true nature of transaction. See Commissioner of Income Tax vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax vs. Provincial Farmers (P) Ltd. 108 ITR 219 (Cal) and KCP Ltd. vs. CIT 245 ITR 421. In the present case after going through the relevant evidence as well as current account maintained between the parties, it has been established that the payment made were the result of trading transaction between the parties and the amount was not given by way of loan or advance.” 11. From the aforesaid, i…

COMMISSIONER OF INCOME TAX XI vs. ARVIND KUMAR JAIN

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

…ite law that mere nomenclature of entry in the books of accounts is not determinative of the true nature of transaction. See Commissioner of Income Tax Vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax Vs. Provincial Farmers (P) Ltd. 108 ITR 219 (Cal) and KCP Ltd. Vs. CIT, 245 ITR 421. In the present case after going through the relevant evidence as well as current account maintained ITA 589/2011 Page 7 of 7 between the parties, it has been established that the payment made were the result of trading transaction between the parties and the amount wa…

COMMISSIONER OF INCOME TAX vs. ARVIND KUMAR JAIN

…ite law that mere nomenclature of entry in the books of accounts is not determinative of the true nature of transaction. See Commissioner of Income Tax Vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax Vs. Provincial Farmers (P) Ltd. 108 ITR 219 (Cal) and KCP Ltd. Vs. CIT, 245 ITR 421. In the present case after going through the relevant evidence as well as current account maintained 2011:DHC:5136-DB ITA 589/2011 Page 7 of 7 between the parties, it has been established that the payment made were the result of trading transaction between the parties…