Lummus Technology Heat Transfer BV v. Dy. CIT

64 SOT 47Income Tax Appellate Tribunal2014#25410 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2023.

Judgments citing Lummus Technology Heat Transfer BV v. Dy. CIT

Dic India Ltd., Kolkata vs. DCIT, Circle - 10(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2084/KOL/2018[2014-15]Status: DisposedITAT Kolkata04 Jan 2023AY 2014-15

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No. 2084/Kol/2018 Assessment Year: 2014-2015 Dic India Limited,..................................Appellant Transport Depot Road, Kolkata-700088 [Pan: Aabcc0703C] -Vs.- Deputy Commissioner Of Income Tax,......Respondent Circle-10(1), Aayakarbhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Akkaldudhwewala, A.R., Appeared On Behalf Of The Assessee Shri Hukumasema, Cit, Appeared On Behalf Of The Revenue

Section 144CSection 144C(5)

…re the TPO should have been audited by the Assessee'sChartered Accountant. The Coordinate Bench Delhi Tribunal further placedreliance on the decision rendered in the matter of Lummus Technology Heat Transfer BV v. Dy. CIT reported in [2014] 42 taxmann.com 342/64 SOT 47(URO) (Delhi - Trib) wherein it was held that segmental results could not berejected on the ground that the same was not audited. The TPO/DRP was required o examine the segmental results if the same were maintained in the ordinary course of business. On perusal of, inter alia, the aforesaid decisions, the Coordinate Bench Delhi in the matter of CSR…

Bertelsmann Marketing Services India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Appeal of the assessee is partly allowed

ITA 6577/DEL/2016[2012-13]Status: DisposedITAT Delhi12 Nov 2021AY 2012-13

Bench: Ms Suchitra Kamble & Dr. B. R. R. Kumar(Through Video Conferencing) Vs Majorel India Pvt. Ltd. Acit (“Company”) (Earlier Known Circle 4(2) As Bertelsmann Marketing New Delhi Services India Pvt. Ltd.)215, Second Floor, Suneja Tower- Ii, District Centre, Janakpuri, New Delhi Aabcb8378G (Appellant) (Respondent) Appellant By Sh. Vishal Kalra, Adv & Sh. Yishu Goel, Adv Respondent By Sh. F. R. Meena, Sr. Dr Date Of Hearing 17.08.2021 Date Of Pronouncement 12.11.2021

Section 144CSection 271Section 92Section 92CSection 92C(3)

…the same was furnished in the TP study. The Ld. AR relied upon the following decisions wherein it has been held that segments do not have to be audited and that they cannot be rejected without any basis: 7  Lummus Technology Heat Transfer BV Vs. DCIT (2014) 64 SOT 47 (Delhi Tri.)  Destination of the World Subcontinent (P) Ltd. Vs. ACIT (2011) 47 SOT 1 (Delhi Tri.)  CSR Technology India Pvt. Ltd. Vs. ACIT (2018) 90 Taxman.com 85 (Delhi Tri.)  Birlasoft (India) Ltd. Vs. DCIT (2011) 44 SOT 664 (Delhi Tri.)  S.B.& T Designs Ltd. Vs. ACIT (2017) 82 Taxman.com 385 (Mumbai Tri.) 9. The Ld. DR submitted that the T…

ACIT, Circle - 2(2), Kolkata vs. M/S. Netguru Ltd., Kolkata

In the result, appeal filed by the Revenue is dismissed

ITA 1799/KOL/2018[2011-12]Status: DisposedITAT Kolkata24 Apr 2019AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1799/Kol/2018 (िनधा"रणवष" / Assessment Year: 2011-12) Acit, Circle-2(2), Kolkata Vs. M/S Netguru Ltd.

For Appellant: Shri Sanjay Paul, JCIT, Sr. DRFor Respondent: Shri Anup Sinha, ACA and Rituparna Sinha, ACA

Section 143(3)Section 92C

…the TPO should have been audited by the Assessee's Chartered Accountant. The Coordinate Bench Delhi Tribunal further placed reliance on the decision rendered in the matter of Lummus Technology Heat Transfer BV v. Dy. CIT reported in [2014] 42 taxmann.com 342/64 SOT 47 (URO) (Delhi - Trib) wherein it was held that segmental results could not be rejected on the ground that the same was not audited. The TPO/DRP was required to examine the segmental results if the same were maintained in the ordinary course of business. On perusal of, inter alia, the aforesaid decisions, the Coordinate Bench Delhi in the matter of C…