Thermax Babcock and Wilcox Ltd. v. Addl. CIT

Addl. CIT, Special Range- 6, New Delhi vs. Nokia Solutions & Networks India Pvt. Ltd., New Delhi

Bench: Sh. N. K. Billaiya & Sh. C.N. Prasadassessment Year: 2004-05 Dcit Nokia Siemens Networks India Pvt. Ltd. 10Th Floor, Circle – 13 (1) Vs Raheja Towers, 26-27, M. New Delhi G. Road Bangalore Pan No.Aabcs9839H (Appellant) (Respondent) Assessment Year: 2007-08 Addl. Cit Special Range- 6 Nokia Solutions & New Delhi Networks India Pvt. Ltd., Vs 1507, Regus Business Centre, Eros Corporate Tower, Nehru Place, New Delhi-110019 Pan No.Aaccn3871F (Appellant) (Respondent) Assessment Year: 2010-11 Nokia Solutions & Networks Addl. Cit Range-18 India Pvt. Ltd., (Formerly New Delhi Vs Known As Nokia Siemes Networks Pvt. Ltd. ) 7Th Floor, Building 9A, Dlf Cyber City, Sector-25A, Gurgaon – 122002 Pan No.Aaccn3871F (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. C.N. PRASAD, JUDICIAL MEMBER Assessment Year: 2004-05 DCIT Nokia Siemens Networks India Pvt. Ltd. 10th Floor, Circle – 13 (1) Vs Raheja Towers, 26-27, M. New Delhi G. Road Bangalore PAN No.AABCS9839H (APPELLANT) (RESPONDENT) Assessment Year: 2007-08 Addl. CIT Special Range- 6 Nokia Solutions & New Delhi Networks India Pvt. Ltd., Vs 1507, Regus Business Centre, EROS Corporate Tower, Nehru Place, New Delhi-110019 PAN No.AACCN3871F (APPELLANT) (RESPONDENT) Assessment Year: 2010-11 Nokia Solution…

Nokia Solutions and Networks India (P) Ltd, Gurgaon vs. Addl. Commissioner of Income-Tax, New Delhi

Bench: Sh. N. K. Billaiya & Sh. C.N. Prasadassessment Year: 2004-05 Dcit Nokia Siemens Networks India Pvt. Ltd. 10Th Floor, Circle – 13 (1) Vs Raheja Towers, 26-27, M. New Delhi G. Road Bangalore Pan No.Aabcs9839H (Appellant) (Respondent) Assessment Year: 2007-08 Addl. Cit Special Range- 6 Nokia Solutions & New Delhi Networks India Pvt. Ltd., Vs 1507, Regus Business Centre, Eros Corporate Tower, Nehru Place, New Delhi-110019 Pan No.Aaccn3871F (Appellant) (Respondent) Assessment Year: 2010-11 Nokia Solutions & Networks Addl. Cit Range-18 India Pvt. Ltd., (Formerly New Delhi Vs Known As Nokia Siemes Networks Pvt. Ltd. ) 7Th Floor, Building 9A, Dlf Cyber City, Sector-25A, Gurgaon – 122002 Pan No.Aaccn3871F (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. C.N. PRASAD, JUDICIAL MEMBER Assessment Year: 2004-05 DCIT Nokia Siemens Networks India Pvt. Ltd. 10th Floor, Circle – 13 (1) Vs Raheja Towers, 26-27, M. New Delhi G. Road Bangalore PAN No.AABCS9839H (APPELLANT) (RESPONDENT) Assessment Year: 2007-08 Addl. CIT Special Range- 6 Nokia Solutions & New Delhi Networks India Pvt. Ltd., Vs 1507, Regus Business Centre, EROS Corporate Tower, Nehru Place, New Delhi-110019 PAN No.AACCN3871F (APPELLANT) (RESPONDENT) Assessment Year: 2010-11 Nokia Solution…

DCIT, New Delhi vs. M/S. Nokia Siemens Networks India Pvt. Ltd., Bangalore

Bench: Sh. N. K. Billaiya & Sh. C.N. Prasadassessment Year: 2004-05 Dcit Nokia Siemens Networks India Pvt. Ltd. 10Th Floor, Circle – 13 (1) Vs Raheja Towers, 26-27, M. New Delhi G. Road Bangalore Pan No.Aabcs9839H (Appellant) (Respondent) Assessment Year: 2007-08 Addl. Cit Special Range- 6 Nokia Solutions & New Delhi Networks India Pvt. Ltd., Vs 1507, Regus Business Centre, Eros Corporate Tower, Nehru Place, New Delhi-110019 Pan No.Aaccn3871F (Appellant) (Respondent) Assessment Year: 2010-11 Nokia Solutions & Networks Addl. Cit Range-18 India Pvt. Ltd., (Formerly New Delhi Vs Known As Nokia Siemes Networks Pvt. Ltd. ) 7Th Floor, Building 9A, Dlf Cyber City, Sector-25A, Gurgaon – 122002 Pan No.Aaccn3871F (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. C.N. PRASAD, JUDICIAL MEMBER Assessment Year: 2004-05 DCIT Nokia Siemens Networks India Pvt. Ltd. 10th Floor, Circle – 13 (1) Vs Raheja Towers, 26-27, M. New Delhi G. Road Bangalore PAN No.AABCS9839H (APPELLANT) (RESPONDENT) Assessment Year: 2007-08 Addl. CIT Special Range- 6 Nokia Solutions & New Delhi Networks India Pvt. Ltd., Vs 1507, Regus Business Centre, EROS Corporate Tower, Nehru Place, New Delhi-110019 PAN No.AACCN3871F (APPELLANT) (RESPONDENT) Assessment Year: 2010-11 Nokia Solution…

Nokia Solutions & Networks India Pvt. Ltd., Gurgaon vs. Addl. CIT, Special Range- 6, New Delhi

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

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2011-12] & [A.Y 2012-13] & Co No. 188/Del/2016 (A/O Ita No. 1655/Del/2016 [A.Y 2011-12])

…ay not be possible. If these requirements are satisfied the liability is not a contingent one. Similar disallowance was deleted by Ld. CIT(A) in AY 2005-06 following the disallowance of Hon'ble ITAT in the case of Thermax Babcock and Wilcox Ltd. vs. Addl. CIT 304 ITR 130 (AT). In view of the above factual and legal position, the addition of Rs. 9 17,61,99,671/- towards provision for liquidated damages made by the AO is legally not sustainable. Therefore, the same is deleted. The appeal is allowed in this ground. 8. In the present case from page no. 136 of the assessee's paper book, it is noticed that total prov…

M/S. Nokia Solutions and Networks India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

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

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2011-12] & [A.Y 2012-13] & Co No. 188/Del/2016 (A/O Ita No. 1655/Del/2016 [A.Y 2011-12])

…ay not be possible. If these requirements are satisfied the liability is not a contingent one. Similar disallowance was deleted by Ld. CIT(A) in AY 2005-06 following the disallowance of Hon'ble ITAT in the case of Thermax Babcock and Wilcox Ltd. vs. Addl. CIT 304 ITR 130 (AT). In view of the above factual and legal position, the addition of Rs. 9 17,61,99,671/- towards provision for liquidated damages made by the AO is legally not sustainable. Therefore, the same is deleted. The appeal is allowed in this ground. 8. In the present case from page no. 136 of the assessee's paper book, it is noticed that total prov…

DCIT, New Delhi vs. M/S Nokia Solutions & Networks India Pvt. Ltd, New Delhi

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

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2011-12] & [A.Y 2012-13] & Co No. 188/Del/2016 (A/O Ita No. 1655/Del/2016 [A.Y 2011-12])

…ay not be possible. If these requirements are satisfied the liability is not a contingent one. Similar disallowance was deleted by Ld. CIT(A) in AY 2005-06 following the disallowance of Hon'ble ITAT in the case of Thermax Babcock and Wilcox Ltd. vs. Addl. CIT 304 ITR 130 (AT). In view of the above factual and legal position, the addition of Rs. 17,61,99,671/- towards provision for liquidated damages made by the AO is legally not sustainable. Therefore, the same is deleted. The appeal is allowed in this ground. 8. In the present case from page no. 136 of the assessee's paper book, it is noticed that total provis…