Shriram Pistons & Rings Ltd. v. CIT

LUTHRA & LUTHRA LAW OFFICES NEW DELHI,NEW DELHI vs. JCIT, NEW DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Kantasstt. Year: 2010-11 Luthra & Luthra Law Offices Jcit 9Th Floor & 103, Range-37 Vs. Ashoka Estate, Barakhamba New Delhi. Road, New Delhi – 110 001 Pan Aabfl3712B (Appellant) (Respondent)

…he employees. The Ld. Counsel in support of the claim that reward to employees for good work is allowable under section 37(1) of the Act, he relied on the decision of the Hon’ble Delhi High Court in the case of Shriram Pistons and Rings Ltd. versus CIT (2008) 307 ITR 363 (Delhi). 8. On the issue of expenses of Rs. 49,172/-for T-shirts, Rs. 46,204/- for Caps and Rs. 1,65,375/- for jackets, the assessee submitted before the Ld. CIT(A) that these items were distributed during Annual Conference of the firm to the counsels associated with the firm, which is a normal business practice and accepted business expenditure.…

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A .No. 467/Del/2014 (A.Y 2009-10)

…Industries Ltd. v. CIT: 127 ITR 746(Del) • Triveni Engineering Works Ltd. v. CIT 136: ITR 340 (Del) CIT v. Sharda Motor Industrial Limited: 319 ITR 109 (Del) • • Climate Systems India Limited v. CIT: 319 ITR 113 (Del) Shriram Pistons and Rings Limited v. CIT: 307 ITR 363 (Del) • • CIT v Lumax Industries Limited 173 Taxman 390 (Del) • CIT v. J.K. Synthetics Ltd. 309 ITR 371 (Del) • CIT v. Munjal Showa Ltd.: 329 ITR 449 (Del) • CIT v. Denso India P. Ltd.: 232 Taxman 437 (Del.) • CIT v. Modi Revlon (P) Ltd : 210 Taxman 161(MAG.) (Del.) • CIT v. Prem Heavy Engineering Works P. Limited: 282 ITR 11 (All.) • CIT v. Arto…

M/S. VYGON INDIA (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result appeal of the assessee is allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Amit Shukla

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI G.D. AGRAWAL, HON’BLE PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA Nos. 6658,6659/Del/2013 Asstt. Years 2003-04, 2005-06 Vygon India (P) Ltd. ACIT, C/o M/s. RRA Taxindia Circle-17(1) D-28, South Extension, Part-1 New Delhi. New Delhi – 110 049 Vs. PAN AABCV0776C (Appellant) (Respondent) Assessee by: Shri Ashwani Taneja,Advocate Shri Rajat, CA Department by : Shri Amit Jain, Sr. DR Date of Hearing 19/06/2018 Date of 17/ 09/2018 pronouncement O R D E R PER AMIT SHUKLA: The aforesaid appeals have been filed by the assessee against…

M/S. VYGON INDIA (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result appeal of the assessee is allowed

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Amit Shukla

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI G.D. AGRAWAL, HON’BLE PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA Nos. 6658,6659/Del/2013 Asstt. Years 2003-04, 2005-06 Vygon India (P) Ltd. ACIT, C/o M/s. RRA Taxindia Circle-17(1) D-28, South Extension, Part-1 New Delhi. New Delhi – 110 049 Vs. PAN AABCV0776C (Appellant) (Respondent) Assessee by: Shri Ashwani Taneja,Advocate Shri Rajat, CA Department by : Shri Amit Jain, Sr. DR Date of Hearing 19/06/2018 Date of 17/ 09/2018 pronouncement O R D E R PER AMIT SHUKLA: The aforesaid appeals have been filed by the assessee against…

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

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

Bench: Shri N.K. Saini & Shri K.N. Charry

…: 127 ITR 746(Del), Triveni Engineering Works Ltd. v. CIT 136: ITR 340 (Del), CIT v. Sharda Motor Industrial Limited: 319 ITR 109 (Del), Climate Systems India Limited ITA No.-6021/Del/2012 v. CIT: 319 ITR 113 (Del), Shriram Pistons and Rings Limited v. CIT: 307 ITR 363 (Del), CIT v Lumax Industries Limited 173 Taxman 390 (Del), CIT v. J.K. Synthetics Ltd. 309 ITR 371 (Del), CIT v. Munjal Showa Ltd. : 329 ITR 449 (Del), CIT v. Hero Honda Motors Ltd.: 372 ITR 481 (Del.), CIT v. Denso India P. Ltd.: 232 Taxman 437 (Del.) , CITv. Modi Revlon (P) Ltd : 210 Taxman 161(MAG.) (Del.), CIT v. Prem Heavy Engineering Works…

M/S HERO HONDA MOTORS LTD,,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal filed by the assessee is allowed

Bench: Sh C.M.Garg & Shri Prashant Maharishihero Honda Motors Ltd, Dcit, 34, Basant Lok, Vasant Vihar, Circle-12(1), Vs. New Delhi New Delhi Pan:Aaacg0812J (Appellant) (Respondent)

…inue to manufacture the product in the factories which had been set up. The cumulative effect on a construction of various terms and conditions of the agreement must be considered. Similar reasoning can be found in Shriram Pistons and Rings Ltd. v. CIT [2008] 307 ITR 363 (Delhi) ; [2008] 171 Taxman 81 (Delhi) which made specific reference to the fact that when the intellectual property rights remain with the foreign party, it indicates that what was granted was a mere licence, as the assessee was obliged to observe complete confidentiality as to know-how and could not have disclosed information or assigned the ag…

ITO, NEW DELHI vs. M/S. MODI APOLLO INTERNATIONAL GROUP PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue for A

Bench: : Shri L.P. Sahu & Smt. Beena Pillai

…v. CIT: 136 ITR 340 (Del) • CIT vs. Prem Heavy Engineering Works P. Limited: 282 ITR 11 (Del.) • Climate Systems India Limited v CIT; 319 ITR 113 (Del.) • Shriram Pistons and Rings Limited v CIT: 219 CTR 228 (Delhi) • Shriram Pistons and Rings Limited v CIT: 307 ITR 363 (Delhi) • CIT vs. Essel Propack: 325 ITR 185 (Bom) • CIT vEicher Motors Ltd: 163 Taxmann 556 (M.P.) • CIT V. Munjal Showa Ltd. : 329 ITR 449 (Del) • CIT v. Denso India P. Ltd.: ITAO 16/2008 (Del.) (HC) • CIT v. EKL Appliances Ltd : ITA No 1069/2011 (Del)(HC) • Honda Siel Cars v. ACIT : 111 TTJ 630 (Del) • CITv. Modi Revlon(P) Ltd: 210 Taxman…

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal is allowed

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2007-08 Assessment Year: 2007-08 Maruti Suzuki India Ltd., Vs. Additional Cit, Plot No.1, Nelson Mandela Road, Range-6, Vasant Road, New Delhi. New Delhi. (Pan: Aaacm0829Q) (Appellant) (Respondent) Assessee By: S/Shri Ajay Vohra, Sr. Adv. Neeraj Jain, Rohit Jain, Adv. Romit Katyal & Ms. Tejasvi Jain, Cas Department By:Shri Amrendra Kumar, Cit(Dr)

…c Chemical Works Co. Ltd. vs. Commissioner of Income Tax, [1989] 177  ITR 377 (SC)  CIT v Shriram Pistons and Rings Limited -CC 12154/2009 (Supreme Court) Shriram Pistons and Rings Limited v. CIT: 219 CTR 228 (Del)  Shriram Pistons and Rings Limited v. CIT 307 ITR 363 (Del)   Shriram Refrigeration Industries Ltd. v. CIT: 127 ITR 746(Del)  Triveni Engineering Works Ltd. v. CIT 136 ITR 340 (Del) CIT vs. Prem Heavy Engineering Works P. Limited (2006) 282 ITR 11 (All.)   CIT v Sharda Motor Industrial Limited: 319 ITR 109 (Del) Climate Systems India Limited v. CIT : 319 ITR 113 (Del.) Shriram Pistons and Rings…

HCL LTD. vs. THE COMMISSIONER OF INCOME-TAX

…the same should be treated as royalty and for the reasons as aforesaid, the answer to the question referred should be in the affirmative and in favour of the Revenue.” 32. In Shriram Pistons and Rings Limited versus Commissioner of Income Tax, (2008) 307 ITR 363 (Delhi) a clear distinction was made between outright sale and a right to use and the effect thereof. Reference was made to the decision of the Supreme Court in CIT versus Ciba India Limited, (1968) 69 ITR 692 (SC) to the effect that the technology agreement was to remain in force for a period of five years and there was a provision for ear…

HCL LIMITED

…the same should be treated as royalty and for the reasons as aforesaid, the answer to the question referred should be in the affirmative and in favour of the Revenue.” 32. In Shriram Pistons and Rings Limited versus Commissioner of Income Tax, (2008) 307 ITR 363 (Delhi) a clear distinction was made between outright sale and a right to use and the effect thereof. Reference was made to the decision of the Supreme Court in CIT versus Ciba India Limited, (1968) 69 ITR 692 (SC) to the effect that the technology agreement was to remain in force for a period of five years and there was a provision for ear…

THE COMMISSIONER OF INCOME TAX-II vs. MUNJAL SHOWA LTD

Accordingly, they are dismissed without any order as to

…ucts and this was more in the nature of information guidance or payment for consultancy. Being of this view, the Bench concurred with the conclusion arrived at by the tribunal. 11. In Shriram Pistons And Rings Ltd. v. Commissioner of Income-Tax, [2008] 307 ITR 363 (Delhi), the Division Bench was dealing with the fact where the assessee had entered into a technical collaboration agreement with a foreign company of Japan for the manufacture of piston rings. The 2010:DHC:4349-DB agreement was in two parts : one, to provide comprehensive technical know- how and the second, dealing with technical assistan…

THE COMMISSIONER OF INCOME TAX-II vs. MUNJAL SHOWA LTD

Accordingly, they are dismissed without any order as to

…ucts and this was more in the nature of information guidance or payment for consultancy. Being of this view, the Bench concurred with the conclusion arrived at by the tribunal. 11. In Shriram Pistons And Rings Ltd. v. Commissioner of Income-Tax, [2008] 307 ITR 363 (Delhi), the Division Bench was dealing with the fact where the assessee had entered into a technical collaboration agreement with a foreign company of Japan for the manufacture of piston rings. The 2010:DHC:4347-DB agreement was in two parts : one, to provide comprehensive technical know- how and the second, dealing with technical assistan…

Commissioner of Income Tax vs. Shriram Pistons & Rings Limited

Appeal is partly allowed, as aforesaid

…HHC of the Act?” 2. Insofar as the first question is concerned, the same is covered in favour of the assessee by two judgments of jurisdictional case in the case of assessee itself, viz., Shriram Pistons and Rings Ltd. vs. Commissioner of Income Tax [307 ITR 363(Del) and Commissioner of Income Tax vs. Shriram Pistons and Rings Ltd. [220 CTR 404 (Del)]. The view taken therein finds support from the judgment of this Court in the case of Commissioner of Income Tax vs. J.K. Synthetics [309 ITR 371 (Del)]. Insofar as the second question is concerned, this again is covered in favour of the assessee in…

COMMISSIONER OF INCOME TAX vs. SHRIRAM PISTONS & RINGS LIMITED

Appeal is partly allowed, as aforesaid

…HHC of the Act?” 2. Insofar as the first question is concerned, the same is covered in favour of the assessee by two judgments of jurisdictional case in the case of assessee itself, viz., Shriram Pistons and Rings Ltd. vs. Commissioner of Income Tax [307 ITR 363(Del) and Commissioner of Income Tax vs. Shriram Pistons and Rings Ltd. [220 CTR 404 (Del)]. The view taken therein finds support from the judgment of this Court in the case of Commissioner of Income Tax vs. J.K. Synthetics [309 ITR 371 (Del)]. Insofar as the second question is concerned, this again is covered in favour of the assessee in…