M/s.Thyseen Krupp v. Addl. CIT

154 TTJ 689Income Tax Appellate Tribunal2013#14973 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2020.

Judgments citing M/s.Thyseen Krupp v. Addl. CIT

Fieldcore Service Solutions International India Pvt. Ltd., Gurgaon vs. ACIT, Circle- 10(2), New Delhi

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

ITA 7692/DEL/2017[2013-14]Status: DisposedITAT Delhi04 Dec 2020AY 2013-14

Bench: Shri O.P. Kant & Ms. Suchitra Kamble

Section 4oSection 9Section 920(2)Section 920(3)Section 92BSection 92D

…e much more than the filter applied by the TPO. We, therefore, order for the exclusion of this company from the list of comparables. Similar view has been taken by the Mumbai Bench of the Tribunal in Thyssen Kmpp Industries India (P) Ltd. vs. Addl. CIT (2013) 154 TTJ 689 Hum). Such Tribunal order has been approved by the Hon'ble Bombay High Court, a copy of which has been placed on record. The Delhi Bench of the Tribunal in Bechtel India (P) Ltd. vs. DCIT (2016) 66 taxmann.com 6 (Del.) (Trib.) has also reiterated similar view. In the light of the foregoing precedents, we are of the considered opinion that this co…

Ngc Nework (India) P.Ltd, Mumbai vs. Asst CIT Cir 16(1), Mumbai

ITA 1527/MUM/2016[2011-12]Status: DisposedITAT Mumbai26 Feb 2020AY 2011-12

Bench: Shri R.C.Sharma & Shri Vikas Awasthy[

For Appellant: S/Shri Porus Kaka& Divesh ChawlaFor Respondent: Shri A. Mohan
Section 143(3)Section 194HSection 234BSection 271(1)(c)Section 40

…ctionally comparable 6.1 The ld. Authorized Representative for the assessee in order to buttress his contention that a Government company cannot be considered as comparable referred to the decision of Tribunal in the case of M/s.Thyseen Krupp Vs. Addl. CIT, 154 TTJ 689(Mum-Trib). The ld.Authorized Representative of the assessee submitted that the Tribunal excluded Engineers India Ltd. from the list of comparables on the ground that it is a Government Undertaking. The Department carried the issue in appeal before the Hon’ble High Court. The Hon’ble High Court upheld the findings of Tribunal [ CIT vs. Thyseen Kru…

Asst CIT 16(1), Mumbai vs. Ngc Networks (I) P. Ltd, Mumbai

ITA 1245/MUM/2016[2011-12]Status: DisposedITAT Mumbai26 Feb 2020AY 2011-12

Bench: Shri R.C.Sharma & Shri Vikas Awasthy[

For Appellant: S/Shri Porus Kaka& Divesh ChawlaFor Respondent: Shri A. Mohan
Section 143(3)Section 194HSection 234BSection 271(1)(c)Section 40

…ctionally comparable 6.1 The ld. Authorized Representative for the assessee in order to buttress his contention that a Government company cannot be considered as comparable referred to the decision of Tribunal in the case of M/s.Thyseen Krupp Vs. Addl. CIT, 154 TTJ 689(Mum-Trib). The ld.Authorized Representative of the assessee submitted that the Tribunal excluded Engineers India Ltd. from the list of comparables on the ground that it is a Government Undertaking. The Department carried the issue in appeal before the Hon’ble High Court. The Hon’ble High Court upheld the findings of Tribunal [ CIT vs. Thyseen Kru…

Ngc Network (India) P. Ltd, Mumbai vs. Asst CIT RG 11(1), Mumbai

ITA 2103/MUM/2014[2009-10]Status: DisposedITAT Mumbai26 Feb 2020AY 2009-10

Bench: Shri R.C.Sharma & Shri Vikas Awasthy[

For Appellant: S/Shri Porus Kaka& Divesh ChawlaFor Respondent: Shri A. Mohan
Section 143(3)Section 194HSection 234BSection 271(1)(c)Section 40

…ctionally comparable 6.1 The ld. Authorized Representative for the assessee in order to buttress his contention that a Government company cannot be considered as comparable referred to the decision of Tribunal in the case of M/s.Thyseen Krupp Vs. Addl. CIT, 154 TTJ 689(Mum-Trib). The ld.Authorized Representative of the assessee submitted that the Tribunal excluded Engineers India Ltd. from the list of comparables on the ground that it is a Government Undertaking. The Department carried the issue in appeal before the Hon’ble High Court. The Hon’ble High Court upheld the findings of Tribunal [ CIT vs. Thyseen Kru…

M/S. Lummus Technology Heat Transfer Bv, Gurgaon vs. DCIT, Gurgaon

ITA 1817/DEL/2015[2010-11]Status: DisposedITAT Delhi28 Nov 2019AY 2010-11

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri Subha Kant Sahu, Senior DR
Section 143Section 143(3)Section 144CSection 144C(13)Section 92C(2)

…decision of the coordinate Bench of the Tribunal in ITA No.6779/Del/2015, Hon’ble Bombay High Court in CIT vs. Thyssen Krupp Industries India (P.) Ltd. (2016) 68 taxmann.com 248 (Bombay) upholding the decision of coordinate Bench of the Tribunal in (2013) 154 TTJ 689, Genzyme India (P.) Ltd. vs. ACIT (2018) 93 taxmann.com 222 (Delhi-Trib.), Eli Lily & Co. (India) Ltd. vs. ACIT ITA No.6819/Del/2014 (Delhi- Trib.), Boeing International Corporation India (P.) Ltd. vs. DCIT (2019) 101 taxmann.com 349 (Delhi-Trib.) and Bechtel India (P.) Ltd. vs. DCIT (2016) 66 taxmann.com 160 (Delhi-Trib.). 19. Ld. DR for th…

M/S Logitech Engineering & Design India Private Limited, Chennai vs. DCIT, Bangalore

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 287/BANG/2015[2010-11]Status: DisposedITAT Bangalore03 Mar 2017AY 2010-11

Bench: Shri Sunil Kumar Yadav

For Appellant: Shri. Vishal Kalsa, CAFor Respondent: Smt. Preeti Garg, CIT-DR

…• Global Logic India (P) Ltd. vs DCIT: [2013] 56 SOT 373 (Delhi) • Actis Advisers Pvt. Ltd. vs DCIT: ITA No 5277 & ITA No. 958/Del/2012 • ACIT vs Hapag Lloyd Global Services (P) Lad ITA No 8499/ Mum/2010 • Thyssenkrupp Industries India (P) Ltd. vs .&.CIT[2013)154 TTJ 689 (Mum) We heard the rival submissions. As submitted by the assessee, Kals Information System Ltd (seg) has been rejected as a comparable to the mere provider of software development services like this assessee as it is functionally different in the above cases and hence the TPO/AO is directed to exclude it. In connection with the comparables RS S…

M/s.Thyseen Krupp v. Addl. CIT (154 TTJ 689) — Cited in 6 Judgments | BharatTax