PCIT v. Leroy Somer & Control (India) P. Ltd.

110 ITD 616Income Tax Appellate Tribunal2008#21991 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,615 Indian tax judgments — from 2017 to 2022.

Judgments citing PCIT v. Leroy Somer & Control (India) P. Ltd.

Jsw Energy Ltd, Mumbai vs. Deputy Commissioner of Income Tax (Transfer Pricing) 2(3)(1), Mumbai

In the result, the appeal is allowed

ITA 1223/MUM/2019[2014-15]Status: DisposedITAT Mumbai12 Aug 2022AY 2014-15

Bench: Us Is A Public Company Engaged In The Business Of Generation Of Power & Operation & Maintenance Of The Power Plants, As Also Other Allied Activities. During The Course Of Its Assessment Proceedings, The Assessing Officer Made A Reference Under Section 92Ca(1), For Determination Of The Arm‟S Length Price Of The International Transactions & Specified Domestic Transaction Entered Into By The Assessee With Its Associated Enterprises (Aes), To The Deputy Commissioner Of Income Tax, Assessment Year 2014-15 Page 2 Of 17

Section 271GSection 92CSection 92D

…al with these aspects of the matter, and particularly from the point of view of first and second points of distinction, we may usefully refer to the observations made by a coordinate bench of this Tribunal, in the case of Cargill India Pvt Ltd Vs DCIT [(2008) 110 ITD 616 (Del)], as follows: 27………..If in the notice non-prescribed information is also called for, it would not be treated as notice under section 92D(3) but under section 92CA(3) or some other provision of the Act irrespective of the title or label is given to such a notice. Relevant information can be sought under a notice under section 92CA(3) also.…

DCIT Cen Cir 1(1), Mumbai vs. Edelweiss Financial Services Ltd, Mumbai

ITA 5719/MUM/2017[2012-13]Status: DisposedITAT Mumbai22 Oct 2019AY 2012-13

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2012-13

For Appellant: Shri Jitendra Jain, A.RFor Respondent: Shri R. Manjunatha Swamy, D.R

Section 270GSection 271GSection 273BSection 274Section 92CSection 92DSection 92D(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “E”, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER Assessment Year: 2012-13 DCIT Central Circle -1(1), M/s. Edelweiss Financial R.No.903, Services Ltd., 9th Floor, 4th Floor, Edelweiss Old CGO (Annexe), Vs. House, M.K. Road, Off C.S.T. Road, Kalina, Mumbai - 400020 Santacruz (East), Mumbai – 400 098 PAN: AAACE1461E (Appellant) (Respondent) Present for: Assessee by : Shri Jitendra Jain, A.R. Shri Ravikant Pathav, A.R. Revenue by : Shri R. Manjunatha Swamy, D.R. Date of Hearing : 05.09.2019 Date of Pronouncement :2…

ACIT, New Delhi vs. M/S. Mmtc Limited, New Delhi

In the result, the appeal of the department is dismissed

ITA 3378/DEL/2014[2009-10]Status: DisposedITAT Delhi28 Jun 2017AY 2009-10

Bench: Sh. N. K. Saini, Am & Smt. Beena A. Pillai, Jm Ita No. 3378/Del/2014 : Asstt. Year : 2009-10 Asstt. Commissioner Of Income Vs M/S Mmtc Ltd., Tax, Circle-5(1), Core 1, Scope Complex, 7 New Delhi-110002 Institutional Area, Lodhi Road, New Delhi (Appellant) (Respondent) Pan No. Aaacm1433E Assessee By : Sh. Rohit Jain, Adv. & Ms. Deepashree Rao, Ca Revenue By : Sh. Rajesh Kumar, Sr. Dr Date Of Hearing : 24.05.2017 Date Of Pronouncement : 28.06.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 14.03.2014 Of Ld. Cit(A)-Viii, New Delhi.

For Appellant: Sh. Rohit Jain, Adv. &For Respondent: Sh. Rajesh Kumar, Sr. DR

Section 271GSection 92CSection 92D(1)Section 92E

…to (m) of Rule 10D of the Income Tax Rules. The said notice is, therefore, held to be bad in law and cannot be treated as proper and legal in terms of Section 92D (3) of the Act relying upon Para 32 of the order of IT AT in the case of Cargill India Pvt. Ltd. 110 ITD 616 Delhi. 8.2 The contention of the Appellant that it had reasonable cause with respect to delayed submission of information/documents read with Section 92D of the Act, it is held that since the staff of the Appellant was busy in preparation for various appeals listed before ITAT as well as conference with the advocates with regards to such preparat…