ITO v. Zazsons Exports Ltd.

AMWAY INDIA ENTERPRISES PVT. LTD.,NEW DELHI vs. ADDI. NATIOANL E- ASSESSMENT CENTRE, NEW DELHI

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri R.K. Panda & Shri Challa Nagendra Prasadassessment Year: 2016-17 Amway India Enterprises Pvt. Ltd., Vs Addl. National E-Assessment 1St Floor, Elegance Tower, Centre, Plot No.8, Non Heirarchial New Delhi. Commercial Centre, Jasola Vihar, New Delhi – 110 025. Pan: Aaaca5603Q (Appellant) (Respondent) Assessee By : Shri Sudesh Kumar Garg, Advocate Ms Bhavya Garg, Ca & Shri Prince Bansal, Ca Revenue By : Shri Surender Pal, Cit, Dr Date Of Hearing : 08.02.2022 Date Of Pronouncement : 30.03.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30Th April, 2021 Passed By The Ao U/S 143(3)/144C(13) R.W.S. 144B Of The It Act, 1961 For The Assessment Year 2016-17. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Wholly Owned Subsidiary Of Amway Corporation Engaged In The Business Of Direct Selling Of Consumer Products. It Sells Its Products Through Multi-Level Marketing (Mlm). Mlm Marketing Allows Direct Sellers To Build A Business Through Their Own Sales Efforts & Inviting Others To Become Direct Sellers. The Assessee Filed Its Return Of Income On 30.11.2016 Declaring A Loss Of Rs.113,69,23,009/-. Since The Assessee Had Entered Into Certain International Transactions With Its Ae, The Ao Referred The Matter To The Tpo For Determination Of The Alp Of The International Transaction Entered Into By It.

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : I-1 : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER Assessment Year: 2016-17 Amway India Enterprises Pvt. Ltd., Vs Addl. National E-Assessment 1st Floor, Elegance Tower, Centre, Plot No.8, Non Heirarchial New Delhi. Commercial Centre, Jasola Vihar, New Delhi – 110 025. PAN: AAACA5603Q (Appellant) (Respondent) Assessee by : Shri Sudesh Kumar Garg, Advocate Ms Bhavya Garg, CA & Shri Prince Bansal, CA Revenue by : Shri Surender Pal, CIT, DR Date of Hearing : 08.02.2022 Date of Pronouncement : 30.03.2022 ORDER…

MOHD YUNUS QURESHI,HAPUR vs. ITO, WARD-1, HAPUR

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri R.K. Pandaassessment Year: 2008-09 Mohd Yunus Qureshi, Vs. Ito, C/O Akhilesh Kumar, Advocate, Ward-1, Chamber No.206-207, Hapur. Ansal “Satyam”, Rdc Raj Nagar, Ghaziabad (Up). Pan: Abppy3882L (Appellant) (Respondent) Assessee By : Shri Akhilesh Kumar, Advocate Revenue By : Shri S.L. Anuragi, Sr.Dr Date Of Hearing : 13.08.2019 Date Of Pronouncement : 22.08.2019 Order This Appeal By The Assessee Is Directed Against The Order Dated 30Th December, 2013 Of The Cit(A), Muzaffarnagar, Relating To Assessment Year 2008-09. 2. Ground Of Appeal No.1 Being General In Nature Is Dismissed.

…editors towards purchases since the said purchases were duly recorded in books of account and sales made against those purchases were not disputed. Referring to the decision of the Lucknow 4 Bench of the Tribunal in the case of ITO vs. Zazsons Exports Ltd., 158 ITD 1, he submitted that the Tribunal in the said decision has held that where the Assessing Officer had drawn an adverse conclusion only on account of non-verifiability of sundry creditors but there being no dispute as regards purchases, and trading results having been accepted, addition made under section 68 was not sustainable. Referring to the de…

ROYAL RUBBER WORKS,DELHI vs. ITO, WARD- 47(5), NEW DELHI

In the result, the appeal of the assessee is partly allowed and Stay Petition of the assessee is dismissed

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. N. S. Saini, Accountant Member ITA No. 7237/Del/2018 : Asstt. Year : 2015-16 Royal Rubber Works, Vs Income Tax Officer, 1580, Bhagirath Palace, Chandni Ward-47(5), Chowk, Delhi-110006 New Delhi (APPELLANT) (RESPONDENT) PAN No. AAAFR4045E SA No. 199/Del/2019 (in ITA No. 7237/Del/2018 : Asstt. Year : 2015-16) Royal Rubber Works, Vs Income Tax Officer, 1580, Bhagirath Palace, Chandni Ward-47(5), Chowk, Delhi-110006 New Delhi (APPELLANT) (RESPONDENT) PAN No. AAAFR4045E Assessee by : Sh. K. Sampath, Adv., Sh. R. Rajakumar, Adv. & Sh. K. P…

MENTOR GRAPHICS IRELAND LTD.,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2013-14

…P. Ltd. reported in 381 ITR 31(Del) (iv) CIT vs Ericsson A.B., reported in 343 ITR 470 (Del) (v) Dassault Systems K.K. reported in 322 ITR 125 (AAR) (vi) Novel Inc. vs. DDIT reported in 49 SOT 45 (Mum) (vii) M/s Capgemini Business Services (India) reported in 158 ITD 1(Mum) (viii) TII Team Telecom International Pvt. Ltd. reported in 47 SOT 76 (Mum) (URO) 2.1 The AO, however, was not convinced and in the proposed draft order of assessment he held that the assessee’s receipts on account of “Sale of Software” was chargeable to tax as income from Royalty as defined under provisions of section 9(1)(vi) of the Act and…

M/S. SPORTS INFRATECH PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed

Bench: Sh. N. K. Saini, Am & Sh. K. N. Chary, Jm Ita No. 2045/Del/2015 : Asstt. Year : 2011-12 M/S Sports Infratech Pvt. Ltd., Vs Dy. Commissioner Of Income Tax, 204, Okhla Industrial Estate, Central Circle-5, Phase-Iii, New Delhi-110020 New Delhi (Appellant) (Respondent) Pan No. Aabcj7255J Assessee By : Sh. Sanjay Jain, Ca & Sh. Rakesh Joshi, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 05.04.2018 Date Of Pronouncement : 13.06.2018 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 30.01.2015 Of Ld. Cit(A)-24, New Delhi.

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI Before Sh. N. K. Saini, AM and Sh. K. N. Chary, JM ITA No. 2045/Del/2015 : Asstt. Year : 2011-12 M/s Sports Infratech Pvt. Ltd., Vs Dy. Commissioner of Income Tax, 204, Okhla Industrial Estate, Central Circle-5, Phase-III, New Delhi-110020 New Delhi (APPELLANT) (RESPONDENT) PAN No. AABCJ7255J Assessee by : Sh. Sanjay Jain, CA & Sh. Rakesh Joshi, CA Revenue by : Sh. S. S. Rana, CIT DR Date of Hearing : 05.04.2018 Date of Pronouncement : 13.06.2018 ORDER Per N. K. Saini, AM: This is an appeal by the assessee against the order dated 30.01.2015 of l…