Nestle India Ltd. v. DCIT

Hightech Construction P.Ltdr, New Delhi vs. ITO, Ward-1(3), Faridabad

In the result, both the Appeals of the assessee are partly

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Page 30 of 59 Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present case has failed to verify the information received from Investigation Wing. Th…

Hightech Construction P.Ltdr, New Delhi vs. ITO, Ward-1(3), Faridabad

In the result, both the Appeals of the assessee are partly

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Page 30 of 59 Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present case has failed to verify the information received from Investigation Wing. Th…

ITO, New Delhi vs. M/S. Kanodia Pharmaceuticals Pvt. Ltd., New Delhi

Appeal of the Revenue is dismissed

Bench: Smt. Beena A. Pillaia N D Dr. B.R.R. Kumarassessment Year: 2003-04 Ito Kanodia Pharmaceuticals Pvt. Ltd. Ward-14(2), Room No. 308, F- 108, Gali No. 8, C.R. Building, I.P. Estate Vs. Near Shiv Mandir, Pandav Nagar, New Delhi New Delhi

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when AO initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. 7.1 It was held in the following cases that if the AO did not apply his mind and recorded the reasons purely on bor…

M/S. Sri Balaji Forgings (P) Ltd., New Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of Assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re- assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present case has failed to verify the information received from Investigation Wing. Therefore, it is…

M/S Michelin India Tyres Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal filed by the assessee is allowed, in the terms indicated

Bench: Shri Bhavnesh Saini & Shri R.K. Pandaassessment Year: 2006-07 Michelin India Tyres Pvt. Ltd., Vs. Dcit, Unit 401-404, 4Th Floor, Circle-6(1), Copia Corporate Suites, New Delhi. Jasola District Centre, New Delhi. Pan: Aadcm8454G (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao, Advocate Revenue By : Shri Sarabjeet Singh, Sr.Dr Date Of Hearing : 05.12.2018 Date Of Pronouncement : 08.01.2019 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 26Th October, 2010 Passed By The Assessing Officer U/S 143(3) Read With Section 144C Of The It Act Relating To Assessment Year 2006-07. 2. Grounds Of Appeal Nos.1,2,3 & 16 Being General In Nature Are Dismissed. 3. Grounds Of Appeal No.4,5,6 & 12 Which Relate To Disallowance Of Technical Fee

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : I-2 : NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2006-07 Michelin India Tyres Pvt. Ltd., Vs. DCIT, Unit 401-404, 4th Floor, Circle-6(1), Copia Corporate Suites, New Delhi. Jasola District Centre, New Delhi. PAN: AADCM8454G (Appellant) (Respondent) Assessee by : Shri Nageshwar Rao, Advocate Revenue by : Shri Sarabjeet Singh, Sr.DR Date of Hearing : 05.12.2018 Date of Pronouncement : 08.01.2019 ORDER PER R.K. PANDA, AM: This appeal by the assessee is directed against the order dated 26th October,…

Superior Buildwell Pvt. Ltd., Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present case has failed to verify the information received from Investigation Wing. Therefore, it is n…

M/S. Spj Hotels Pvt. Ltd., Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present case has failed to verify the information received from Investigation Wing. Therefore, it is n…

M/S. Shiv Sai Infrastructure (P) Ltd., New Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present case has failed to verify the information received from Investigation Wing. Therefore, it is n…

M/S. Supersonic Technologies Pvt. Ltd., Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

…oceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present case has failed to verify the information received from Investigation Wing. Therefore, it is n…

M/S. Fashionage Corporation (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of assessee is allowed

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

…is for issuing the reassessment notice and, consequently, proceeding to make the demand. Therefore, the notice and the demands arising consequent to the notice were quashed. 4.4. The Hon’ble Delhi High Court in the case of Nestle India Ltd., vs. DCIT (2016) 384 ITR 334 (Del.) held as under : “(ii) That as far as the assessment year 1994-95 was concerned the notice was issued after four years which was beyond the statutory time limit. There was nothing on record to show that there was any tangible material providing a live link to the reasons to believe that income escaped assessment. There was no failure by th…

DCIT, New Delhi vs. M/S Dlf Ltd., New Delhi

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

Bench: Shri B.P. Jain & Shri K.N. Chary.

…st the said party. The CIT(A) observed that these expenses were incurred as a part of business expenses and in the capacity as partner of joint venture. The CIT(A) has also relied on decision of Delhi Bench of Tribunal in the case of Nestle India Ltd. v. DCIT 27 SOT 9. In our opinion, CIT(A) was right in observing that the allowability of these expenses in the hands of the appellant cannot be disputed merely on from the other party. Even if these expenses were incurred on behalf of M/s. Galaxy Mercantile Ltd., non recovery of same shall be in the nature of business loss. In view of the above position, there is no…

Dlf Ltd., New Delhi vs. Addl. CIT, New Delhi

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

Bench: Shri B.P. Jain & Shri K.N. Chary.

…st the said party. The CIT(A) observed that these expenses were incurred as a part of business expenses and in the capacity as partner of joint venture. The CIT(A) has also relied on decision of Delhi Bench of Tribunal in the case of Nestle India Ltd. v. DCIT 27 SOT 9. In our opinion, CIT(A) was right in observing that the allowability of these expenses in the hands of the appellant cannot be disputed merely on from the other party. Even if these expenses were incurred on behalf of M/s. Galaxy Mercantile Ltd., non recovery of same shall be in the nature of business loss. In view of the above position, there is no…

M/S. Richa Industries Ltd., Faridabad vs. ACIT, Faridabad

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Sh. Kuldip Singh & Sh.Anadee Nath Misshra

…TR 161 (Bom). 17. Gemini Leather Stores v. ITO [1975] 100 ITR 1 (SC). 28. HARYANA ACRYLIC MANUFACTURING CO. vs. CIT AND ANOTHER [2009] 308 ITR 38 (Del) 29. WEL INTERTRADE P. LTD. AND ANOTHER vs. ITO [2009] 308 ITR 22 (Del) 30. NESTLE INDIA LTD. vs.DCIT [2016] 384 ITR 334 (Del) 31. CIT (LTU) vs. RELIANCE INDUSTRIES LTD. [2016] 382 ITR 574 (Bom) 32. MUNJALSHOWA LTD. vs.DCIT AND ANOTHER [2016] 382 ITR 555 (Del) 33. NIRMAL BANG SECURITIES PVT. LTD. vs.ACIT AND OTHERS [2016] 382 ITR 93 (Bom) 34. SUN PHARMACEUTICAL INDUSTRIES LTD.(Earlier known as Ranbaxy Laboratories Ltd.) us.DCIT AND ANOTHER[2016] 381 ITR 387 (Del) 3…

ACIT, New Delhi vs. M/S Dlf Ltd., New Delhi

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…may result into some indirect benefit to the group companies but that cannot be the ground for disallowance of that expenditure in the hands of the assesse. The CIT (A) relying upon the decision of ITAT, Delhi Bench in the case of Nestle India Ltd. vs. DICT – 27 SOT 9 has deleted the addition. We do not find any infirmity in the order of the CIT (A) and revenue could not controvert the fact of any expenditure with instances that these are not incurred by the assesse wholly and exclusively for the purposes of the business of the assessee. Hence, we confirm the order of the CIT (A) deleting the addition of Rs.14,55…

Dlf Ltd., New Delhi vs. Addl. CIT, New Delhi

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

…may result into some indirect benefit to the group companies but that cannot be the ground for disallowance of that expenditure in the hands of the assesse. The CIT (A) relying upon the decision of ITAT, Delhi Bench in the case of Nestle India Ltd. vs. DICT – 27 SOT 9 has deleted the addition. We do not find any infirmity in the order of the CIT (A) and revenue could not controvert the fact of any expenditure with instances that these are not incurred by the assesse wholly and exclusively for the purposes of the business of the assessee. Hence, we confirm the order of the CIT (A) deleting the addition of Rs.14,55…