KHS Machinery (P) Ltd. v. ITO

146 TTJ 692Income Tax Appellate Tribunal#19166 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2021 to 2022.

Judgments citing KHS Machinery (P) Ltd. v. ITO

Owens Corning Industries (India) P. Ltd. Mahabubnagar (Previously Known As Saint Gobain Vetrotex India Ltd), Mahabubnagar Dist vs. DCIT, Circle-3(1), Hyderabad

Appeal is partly allowed in above terms

ITA 256/HYD/2016[2004-05]Status: DisposedITAT Hyderabad22 Feb 2022AY 2004-05

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2004-05 Owens Corning Industries Vs. The Deputy Commissioner (India) Private Limited Of Income Tax, (Previously Known As Saint Circle 3(1), Gobain Vetrotex India Hyderabad. Limited), Hyderabad. Pan : Aaacv9858N. (Appellant) (Respondent) Assessee By: Shri S. Rama Rao. Revenue By: Shri T. Sunil Goutam. Date Of Hearing: 17.02.2022 Date Of Pronouncement: 22.02.2022 O R D E R Per S. S. Godara, J.M. This Assessee’S Appeal For A.Y. 2004-05 Arises From The Commissioner Of Income Tax (Appeals) – 4, Hyderabad’S Order Dated 21.12.2015 In Case No.0217/Dcit, Cir.3(1)/2014-15/ Cit(A)-4/Hyd/2015-16 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 [In Short, ‘The Act’].

For Appellant: Shri S. Rama RaoFor Respondent: Shri T. Sunil Goutam
Section 143(3)

…t "it would be wrong to hold that the expenditure should be disallowed only on the ground that these expenses were not required to be incurred by the assessee". 3 14. We also draw support from the decision of Ahmedabad Bench in KHS Machinery (P) Ltd. vs ITO (146 TTJ 692) where in the Tribunal on the issue of disallowance made by TPO of payment of Royalty held that: "The assessee had not made the one-time payment but making the continuous payment to the know-how provider which has been accepted by the Department in the past. The Assessee has been charging 5 per cent royalty on each and every transaction and there…

Owens Corning Industries India Private Limited, Hyderabad, Mahabubnagar vs. ACIT Circle-5(1) Hyderabad, Hyderabad

Appeal is allowed in above terms

ITA 569/HYD/2017[2012-13]Status: DisposedITAT Hyderabad22 Oct 2021AY 2012-13

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing) M/S. Owens Corning Industries (India) Pvt. Ltd., Hyderabad. Pan Aaacv 9858N …..Appellant. Vs. Asst. Commissioner Of Income Tax, Circle 5(1), Hyderabad. …..Respondent. Appellant By : Shri S.P. Chidambaram. Respondent By : Shri Yvst Sai. (D.R.) Date Of Hearing : 05.10.2021. Date Of Pronouncement : 22.10.2021. O R D E R Per Shri S.S. Godara, J.M. : This Assessee'S Appeal For Assessment Year 2012-13 Arises Against The Acit, Circle 5(1), Hyderabad’S Assessment Dt.31.01.2017 Framed In Furtherance To The Dispute Resolution Panel (Drp)-1, Bangalore’S Directions Dt.20.12.2016 In F. No.90/Drp-1/2016-2017 Involving

For Appellant: Shri S.P. ChidambaramFor Respondent: Shri YVST Sai. (D.R.)
Section 143(3)Section 92C

…hat "it would be wrong to hold that the expenditure should be disallowed only on the ground that these expenses were not required to be incurred by the assessee". 14. We also draw support from the decision of Ahmedabad Bench in KHS Machinery (P) Ltd. vs ITO (146 TTJ 692) where in the Tribunal on the issue of disallowance made by TPO of payment of Royalty held that 4 "The assessee had not made the one-time payment but making the continuous payment to the know-how provider which has been accepted by the Department in the past. The Assessee has been charging 5 per cent royalty on each and every transaction and ther…

Owens Corning Industries (India) P. Ltd. Mahabubnagar (Previously Known As Saint Gobain Vetrotex India Ltd), Mahabubnagar vs. ITO, Ward-16(2), Hyderabad

Appeals are allowed for statistical purposes in above terms

ITA 826/HYD/2016[2010-11]Status: DisposedITAT Hyderabad21 Jun 2021AY 2010-11

Bench: Shri S.S. Godara & Shri L.P. Sahu

For Appellant: Ms. Suchita Kanedia, ARFor Respondent: Sri Sunil Kumar Pandey, DR
Section 143(3)Section 92C

…hat "it would be wrong to hold that the expenditure should be disallowed only on the ground that these expenses were not required to be incurred by the assessee". 14. We also draw support from the decision of Ahmedabad Bench in KHS Machinery (P) Ltd. vs ITO (146 TTJ 692) where in the Tribunal on the issue of 4 ITA Nos. 825 & 826/Hyd/16 AYs: 2005-06 & 2010-11 Owens Corning Industries (India) Pvt. Ltd. disallowance made by TPO of payment of Royalty held that : "The assessee had not made the one-time payment but making the continuous payment to the know-how provider which has been accepted by the Department in…

Owens Corning Industries (India) P. Ltd. Mahabubnagar (Previously Known As Saint Gobain Vetrotex India Ltd), Mahabubnagar vs. DCIT, Circle 3(1), Hyderabad

Appeals are allowed for statistical purposes in above terms

ITA 825/HYD/2016[2005-06]Status: DisposedITAT Hyderabad21 Jun 2021AY 2005-06

Bench: Shri S.S. Godara & Shri L.P. Sahu

For Appellant: Ms. Suchita Kanedia, ARFor Respondent: Sri Sunil Kumar Pandey, DR
Section 143(3)Section 92C

…hat "it would be wrong to hold that the expenditure should be disallowed only on the ground that these expenses were not required to be incurred by the assessee". 14. We also draw support from the decision of Ahmedabad Bench in KHS Machinery (P) Ltd. vs ITO (146 TTJ 692) where in the Tribunal on the issue of 4 ITA Nos. 825 & 826/Hyd/16 AYs: 2005-06 & 2010-11 Owens Corning Industries (India) Pvt. Ltd. disallowance made by TPO of payment of Royalty held that : "The assessee had not made the one-time payment but making the continuous payment to the know-how provider which has been accepted by the Department in…