Kusum Healthcare Pvt. Ltd. v. ACIT

170 TTJ 411Income Tax Appellate Tribunal#15129 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2022.

Judgments citing Kusum Healthcare Pvt. Ltd. v. ACIT

ENEM NOSTRUM REMEDIES LIMITED,MUMBAI vs. ASST. CIT -9(2)(2), MUMBAI

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

ITA 1688/MUM/2019[2013-14]Status: DisposedITAT Mumbai22 Jun 2022AY 2013-14

For Appellant: Ms. Chaitee LondheFor Respondent: Shri Sumit Kumar

Section 143(3)Section 144C(3)Section 250Section 92Section 92B

…ails of invoices and interest working placed on record. To support her contentions, the Ld. Authorised Representative for the Appellant relied upon the following judgments - Kusum Healthcare (P) Ltd. (Del HC) (398 ITR 66) Kusum Healthcare (P) Ltd., (Del trib) 170 TTJ 411), Rusabh Diamonds (Mum) (178 TTJ 0425, Micro Ink Ltd. (Ahm) (157 ITD 132), and M/s Gimpex Pvt. Ltd. (Chny) [IT(TP)A No. 57/Chny/2019, dated 28.12.2020] and M/s Fieldcore Service Solutions International India Pvt. Ltd. (Erstwhile known as Granite Pvt. Ltd.) vs. ACIT (ITA No. 7692/Del/2017, dated 04.12.2020) 9. In response, the Ld. Departmental Re…

GLOBAL LOGIC INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE-10(1), NEW DELHI

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

ITA 7621/DEL/2017[2013-14]Status: DisposedITAT Delhi07 Sept 2020AY 2013-14

For Appellant: Shri Neeraj Jain &For Respondent: Shri Surenderpal, CIT, DR

Section 143(3)Section 144CSection 144C(1)Section 234BSection 234CSection 92B

…has also been examined by coordinate Bench of the Tribunal in Kadimi Tool Manufacturing Co. Pvt. Ltd. vs. DCIT in ITA No.7068/Del/2014 order dated 25.09.2017 and has been decided in favour of the taxpayer by relying upon Kusum Healthcare Pvt. Ltd. vs. ACIT – 170 TTJ 411 and Bechtel India Pvt. Ltd. (supra) wherein SLP filed in the Hon’ble Supreme Court has been dismissed. 23. In view of what has been discussed above, TPO/DRP/AO have erred in making adjustment on account of arm’s length interest which is not sustainable in the eyes of law, hence no adjustment on account of interest 9 on receivables can be made. S…

CRM SERVICES INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated above

ITA 432/DEL/2016[2011-12]Status: DisposedITAT Delhi15 Jul 2019AY 2011-12

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2011-12 Crm Services India Pvt. Ltd., Vs Acit, 220, Vinobha Puri, Circle-6(2), Lajpat Nagar-Ii, Cr Building, New Delhi. New Delhi. Pan: Aabcc6211B (Appellant) (Respondent) Assessee By : Shri Neeraj Jain, Advocate & Shri Abhishek Agarwal, Ca Revenue By : Shri Sanjay I Bara, Cit, Dr Date Of Hearing : 16.05.2019 Date Of Pronouncement : 15.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.11.2015 Passed By The Assessing Officer U/S 143(3) Read With Section 144C Of The It Act, Relating To Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee M/S Crm Services India Pvt. Ltd., Is A 99.9% Subsidiary Of Tpusa Inc., A Delaware Corporation, Running A Voice Based Call Centre Facility In Gurgaon. It Filed Its Return Of Income On 29.11.2011, Declaring An Income Of Rs.10,89,04,919/-. The Assessing Officer Referred The Matter

For Appellant: Shri Neeraj Jain, Advocate &For Respondent: Shri Sanjay I Bara, CIT, DR

Section 143(3)Section 144C

…has also been examined by coordinate Bench of the Tribunal in Kadimi Tool Manufacturing Co. Pvt. Ltd. vs. DCIT in ITA No.7068/Del/2014 order dated 25.09.2017 and has been decided in favour of the taxpayer by relying upon Kusum Healthcare Pvt. Ltd. vs. ACIT - 170 TTJ 411 and Bechtel India Pvt. Ltd. (supra) wherein SLP filed in the Hon'ble Supreme Court has been dismissed. 23. In view of what has been discussed above, TPO/DRP/AO have erred in making adjustment on account of arm's length interest which is not sustainable in the eyes of law, hence no adjustment on account of interest on receivables can be made. So,…

PARVEEN INDUSTRIES (P) LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI

In the result, ground of appeal raised by assessee is partly allowed

ITA 6504/DEL/2017[2013-14]Status: DisposedITAT Delhi29 Mar 2019AY 2013-14

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2013-14 With S.A. No. 972/Del/2018 [Arising Out Of Ita No.6504/Del/2017] Assessment Year: 2013-14 M/S. Parveen Industries (P.) Vs. Addl. Cit, Ltd., Special Range-7, New Delhi Plot No. 32, Phase-Ii, Badli Industrial Area, New Delhi Pan :Aaacp4029K (Appellant) (Respondent) Appellant By S/Shri Gautam Jain, Lalit Mohan & Piyush Kamal, Advocates Respondent By Sh. H.K. Choudhary, Cit(Dr)

Section 143(3)Section 92BSection 92CSection 92F

…um/09 for A.Y. 2004-05, Nimbus Communications Ltd. iii) ITA No. 1478/Del/2015, M/s. Bechtel India (P) Ltd., B. No interest charged by third party vendors on delayed payment and therefore, no adjustment. i) ITA No.1478/Del/2015, M/s. Bechtel India (P) Ltd. ii) 170 TTJ 411 (Del.) Kusum Healthcare (P) Ltd. Vs. Asstt. Commissioner of Income Tax, iii) ITA No. 765/2016, dated 25.04.2017 (Del.), Pr. CIT Vs. Kusum Health Care. C. Once difference impact of working capital of assessee viz-a- viz comparable has already been gathered in pricing/profitable of assessee, no further adjustment. i) ITA No. 1478/Del/2015, M/s. Be…

GLOBAL LOGIC INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 1115/DEL/2017[2012-13]Status: DisposedITAT Delhi12 Dec 2017AY 2012-13

Bench: Shri B.P. Jain & Shri Kuldip Singh

For Appellant: Shri Ajay Vohra, Senior AdvocateFor Respondent: Shri Sanjay Batra, CIT DR

Section 143Section 143(3)Section 144Section 144CSection 92BSection 92C

…nd of delay in payment of receivables. 22. Identical issue has also been examined by coordinate Bench of the Tribunal in Kadimi Tool Manufacturing Co. Pvt. Ltd. vs. DCIT in ITA No.7068/Del/2014 order dated 25.09.2017 and has Healthcare Pvt. Ltd. vs. ACIT – 170 TTJ 411 and Bechtel India Pvt. Ltd. (supra) wherein SLP filed in the Hon’ble Supreme Court has been dismissed. 23. In view of what has been discussed above, TPO/DRP/AO have erred in making adjustment on account of arm’s length interest which is not sustainable in the eyes of law, hence no adjustment on account of interest on receivables can be made.…

GLOBAL LOGIC INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 1104/DEL/2015[2010-11]Status: DisposedITAT Delhi12 Dec 2017AY 2010-11

Bench: Shri B.P. Jain & Shri Kuldip Singh

For Appellant: Shri Ajay Vohra, Senior AdvocateFor Respondent: Shri Sanjay Batra, CIT DR

Section 143Section 143(3)Section 144Section 144CSection 92BSection 92C