LG Electronics India Pvt. Ltd. v. ACIT

M/S. Bose Corporation India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are allowed

Bench: Shrivikas Awasthy & Shrisanjay Awasthiआ.अ.सं/.I.T.A Nos.1595 & 1596/Del/2017 िनधा"रणवष"/Assessment Years: 2007-08 & 2008-09 बनाम Bose Corporation India P. Ltd., Acit, Salcon Aurum, 3Rd Floor, Plot No.4, Vs. Circle 5(1), Room No.390, Jasola District Centre, C.R. Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aaacb3260A अपीलाथ" Appellant ""यथ"/Respondent

…rst round proceedings in the ITAT (supra), there is a categorical finding in para 6.1 at page 13 that the AMP expenses constitute an International Transaction. We find that such categorical finding was based on the case of L.G. Electronics case reported in 140 ITD 41 (Del – Trib.). It is also a fact that since the time of passing of that order some critical findings of the ITAT’s order in the L G Electronics case (supra) have not found support from the Hon’ble Delhi High Court in the case of Sony Ericsson (supra). Thus, the issue of determining whether or not AMP expenses constitute International Transactio…

Lg Electronics India Private Limited, Mathura Road, New Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

Lg Electronics India Private Limited, New Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

DCIT, Circle-13(1), New Delhi vs. Lg Electronics India Pvt. Ltd., Delhi

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

DCIT, Circle-15(2), New Delhi vs. Lg Electronics India Pvt. Ltd., New Delhi

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

Lg Electronics India Pvt. Ltd., New Delhi vs. DCIT, Circle-15(2), New Delhi

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

Lg Electronics India Pvt. Ltd., New Delhi vs. Addl. CIT, Special Range- 5, New Delhi

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

Lg Electronics India Pvt. Ltd., New Delhi vs. Addl. CIT, Special Range- 5, New Delhi

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

M/S Lg Electronics India Pvt. Ltd., New Delhi vs. DCIT, Noida

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

DCIT, Noida vs. M/S. L.G. Electronics India Pvt. Ltd., Greater Noida

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

…,10,00,000 AMP /Sales 9.56% 3.04% 5.7 The ld DR before us made detailed arguments by stating that the issue in dispute is already settled in favour of the revenue by the special bench decision of this Tribunal in assessee‘s own case for AY 2007-08 reported in 140 ITD 41 (DEL) (SB) and pleaded that AMP expenditure incurred by the assessee do constitute an international transaction warranting benchmarking separately as a portion of it was incurred for promoting the brand of the parent company. The ld DR tried to buttress the argument of the ld AR that the Hon‘ble Jurisdictional High Court in various cases had held…

Nikon India P.Ltd, Gurgaon vs. ACIT, Circle-3(1), Gurgaon

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

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.Assessment Year: 2017-18 & Stay Application No.256/Del/2022 (Ita No.1800/Del/2022) Assessment Year: 2017-18 Nikon India Pvt. Ltd., Vs Acit, Plot No.71, Sector-32, Circle-3(1), Institutional Area, Gurgaon. Gurgaon, Haryana – 122001. Pan: Aaccn5100F (Appellant) (Respondent) Assessee By : Shri Vishal Kalra & Shri Ankit Sahani, Advocates; & Shri Yishu Goel, Ar Revenue By : Shri Rajesh Kumar, Cit-Dr Date Of Hearing : 19.07.2023 Date Of Pronouncement : 27.07.2023 Order Per M. Balaganesh, Am: The Appeal In Ita No.1800/Del/2022 & The Stay Application In Sa No.256/Del/2022 Filed By The Assessee Arise Out Of The Order Of Assessment Passed U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income-Tax Act, 1961 Sa No.256/Del/2022 (Hereinafter Referred To As ‘The Act’) Dated 25.07.2022 By The Assessment Unit, Of The Income Tax Department (Hereinafter Referred To As ‘Ld. Ao’).

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : I : DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER Assessment Year: 2017-18 & Stay Application No.256/Del/2022 (ITA No.1800/Del/2022) Assessment Year: 2017-18 Nikon India Pvt. Ltd., Vs ACIT, Plot No.71, Sector-32, Circle-3(1), Institutional Area, Gurgaon. Gurgaon, Haryana – 122001. PAN: AACCN5100F (Appellant) (Respondent) Assessee by : Shri Vishal Kalra & Shri Ankit Sahani, Advocates; & Shri Yishu Goel, AR Revenue by : Shri Rajesh Kumar, CIT-DR Date of Hearing : 19.07.2023 Date of Pronouncement : 27.07.2023 ORDER…

The Oriental Insurance Co. Ltd., New Delhi vs. DCIT, Circle- 1, Ltu, New Delhi

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

…en by the assessee which relates to the claim of deduction by the assessee u/ 10 (34) in respect of dividend income, we noted that this issue is duly covered by decision of Mumbai Bench of this Tribunal in case of ICICI Prudential Insurance Company Ltd v ACIT 140 ITD 41 in which under para 47 while dealing with similar issue following decision of General Insurance Corp of India v CIT 204 Taxman.com 587 by Bombay HC gave clear cut finding that assessee is entitled to exemption u/s 10(34) for the dividend income. We also noted while disposing of ground relating to applicability of S. 14A for disallowance of expendi…

DCIT, Circle- 1, Ltu, New Delhi vs. The Oriental Insurance Co. Ltd., New Delhi

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

…en by the assessee which relates to the claim of deduction by the assessee u/ 10 (34) in respect of dividend income, we noted that this issue is duly covered by decision of Mumbai Bench of this Tribunal in case of ICICI Prudential Insurance Company Ltd v ACIT 140 ITD 41 in which under para 47 while dealing with similar issue following decision of General Insurance Corp of India v CIT 204 Taxman.com 587 by Bombay HC gave clear cut finding that assessee is entitled to exemption u/s 10(34) for the dividend income. We also noted while disposing of ground relating to applicability of S. 14A for disallowance of expendi…