M/S NECTAR LIFESCIENCE LTD.,CHANDIGARH vs. DCIT, C-1(1), CHANDIGARH

In the result, appeal of the assessee is allowed

transferring the same to the non- exempt unit. In such eventuality arm's length price of steam is taken at NIL, resulting

SH. RAMINDER SINGH,MOHALI vs. INCOME TAX OFFICER, WARD-6(2), MOHALI

The appeal of the assessee stands partly allowed

Bench: Shri Sanjay Garg & Smt.Annapurna Guptaआयकर अपील सं./ Ita No.1270/Chd/2019 "नधा"रण वष" / Assessment Year : 2015-16

price as per transfer fees 200 sq yards 1,25,000/- 50,00,000/- 300 sq yards 1,87,500/- 75,00,000/- 500 sq yards 3,12,500/- 1,25,00,000/- Total 2,50,00,000/- Further since GMADA had acquired 5000 sq. yards of land and had given in return 3 residential plots measuring

SH. AMAR SINGH,JAGADHARI vs. ITO, YAMUNANAGAR

In the result, both the appeal of different assessees are allowed

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

price is paid and the deed is delivered . In the percent case, from the statement of case itself as drawn up by the Tribunal, it is apparent that the parties had clearly intended that despite the execution and registration of sale deeds, transfer by way of sale will become effective only on payment of the entire consideration amount

SH. JAI RAM,JAGADHARI vs. ITO, YAMUNANAGAR

In the result, both the appeal of different assessees are allowed

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

price is paid and the deed is delivered . In the percent case, from the statement of case itself as drawn up by the Tribunal, it is apparent that the parties had clearly intended that despite the execution and registration of sale deeds, transfer by way of sale will become effective only on payment of the entire consideration amount

M/S PUNJAB CHEMICALS & CROP. PROTECTION LTD.,CHANDIGARH vs. ADDL. CIT, NEAC DELHI

The appeal stand partly allowed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.127/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2008-09) & 2. आयकरअपीलसं./ Ita No.128/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2009-10) M/S Punjab Chemicals & Crop. Addl. Cit Protection Ltd. Nfac बनाम/ Milestone-18, Ambala-Kalka Road Delhi Vs. Vpo Bhankharpur, Derabassi Distt. Sas Nagar (Mohali), Punjab 140201 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9904-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Anil Khanna (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeals By Assessee For Assessment Years (Ay) 2008-09 & 2009-10 Is In Second Round Of Litigation Since The Appeal Was Disposed-Off By Tribunal Vide Ita Nos.60/Chd/2013 & Ita No.100/Chd/2013 Common Order Dated 23-07-2018 For Ays 2008-09 & 2009-10 Wherein Few Of The Issues Were Restored Back To Lower

Transfer Pricing Adjustment on Corporate Guarantee charges. Having heard rival submissions and upon perusal of case records, these grounds are adjudicated as under. 2. Disallowance of Commission Paid to working directors 2.1 The Tribunal restored this issue back to Ld. AO to verify that the expenditure was an ascertained liability. The Ld. AO rendered a finding that the actual amount

M/S PUNJAB CHEMICALS & CROP. PROTECTION LTD.,CHANDIGARH vs. ADDL. CIT, NEAC DELHI

The appeal stand partly allowed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.127/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2008-09) & 2. आयकरअपीलसं./ Ita No.128/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2009-10) M/S Punjab Chemicals & Crop. Addl. Cit Protection Ltd. Nfac बनाम/ Milestone-18, Ambala-Kalka Road Delhi Vs. Vpo Bhankharpur, Derabassi Distt. Sas Nagar (Mohali), Punjab 140201 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9904-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Anil Khanna (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeals By Assessee For Assessment Years (Ay) 2008-09 & 2009-10 Is In Second Round Of Litigation Since The Appeal Was Disposed-Off By Tribunal Vide Ita Nos.60/Chd/2013 & Ita No.100/Chd/2013 Common Order Dated 23-07-2018 For Ays 2008-09 & 2009-10 Wherein Few Of The Issues Were Restored Back To Lower

Transfer Pricing Adjustment on Corporate Guarantee charges. Having heard rival submissions and upon perusal of case records, these grounds are adjudicated as under. 2. Disallowance of Commission Paid to working directors 2.1 The Tribunal restored this issue back to Ld. AO to verify that the expenditure was an ascertained liability. The Ld. AO rendered a finding that the actual amount

SHRI KRISHAN KUMAR JALAN,BANGALORE vs. ITO, W-1, SIRSA

In the result appeal of the assessee is dismissed

exempt from tax u/s\n10(38) of the Income Tax Act, 1961.\nModus Operandi\n2.11 The modus operandi adopted by the “operators” was to make the\nbeneficiaries buy some shares of a pre determined penny stock\ncompanies controlled by them. These shares were transferred to the\nbeneficiaries at a very nominal price

PARVEEN KUMAR,KAITHAL vs. ITO, KAITHAL

Appeals of the Assessee are partly allowed for statistical purposes

Bench: Shri. Sanjay Garg & Dr. B.R.R. Kumarassessment Year: 2007-08

price of the land @ Rs. 345/- per sq. yrds as on 01/04/1981. Hence, we feel that the ends of the justice would be met by restoring the matter back to the file of the Assessing Officer to determine the value of the land by making necessary enquiries after giving an opportunity to the assessee and on considering the stand

SMT. DARSHAN DEVI,KAITHAL vs. ITO, KAITHAL

Appeals of the Assessee are partly allowed for statistical purposes

Bench: Shri. Sanjay Garg & Dr. B.R.R. Kumarassessment Year: 2007-08

price of the land @ Rs. 345/- per sq. yrds as on 01/04/1981. Hence, we feel that the ends of the justice would be met by restoring the matter back to the file of the Assessing Officer to determine the value of the land by making necessary enquiries after giving an opportunity to the assessee and on considering the stand

ACIT,CIRCLE-1, LUDHIANA vs. M/S VARDHMAN TEXTILES LTD., LUDHIANA

In the result, appeals of the Assessee are partly allowed whereas the Cross appeals of the Revenue are dismissed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. SHRI. KRINWANT SAHAY (Accountant Member)

exempt income, the disallowance of Rs. 2,00,000/- was suo-moto made under Rule 8D(2)(iii). The total disallowance thus made suo-moto amended to Rs. 11,79,624/-. The AO made disallowance under Rule 8D(2)(ii) amounting to Rs. 11,63,32,789/- and disallowance under Rule 8D(2)(iii) amounting

DCIT, C-1, LUDHIANA vs. M/S VARDHMAN TEXTILES LIMITED, LUDHIANA

In the result, appeals of the Assessee are partly allowed whereas the Cross appeals of the Revenue are dismissed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. SHRI. KRINWANT SAHAY (Accountant Member)

exempt income, the disallowance of Rs. 2,00,000/- was suo-moto made under Rule 8D(2)(iii). The total disallowance thus made suo-moto amended to Rs. 11,79,624/-. The AO made disallowance under Rule 8D(2)(ii) amounting to Rs. 11,63,32,789/- and disallowance under Rule 8D(2)(iii) amounting

M/S VARDHMAN TEXTILES LIMITED,LUDHIANA vs. DCIT, C-1, LUDHIANA

In the result, appeals of the Assessee are partly allowed whereas the Cross appeals of the Revenue are dismissed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. SHRI. KRINWANT SAHAY (Accountant Member)

exempt income, the disallowance of Rs. 2,00,000/- was suo-moto made under Rule 8D(2)(iii). The total disallowance thus made suo-moto amended to Rs. 11,79,624/-. The AO made disallowance under Rule 8D(2)(ii) amounting to Rs. 11,63,32,789/- and disallowance under Rule 8D(2)(iii) amounting

M/S VARDHMAN TEXTILES LIMITED,LUDHIANA vs. ACIT, C-1, LUDHIANA

In the result, appeals of the Assessee are partly allowed whereas the Cross appeals of the Revenue are dismissed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. SHRI. KRINWANT SAHAY (Accountant Member)

exempt income, the disallowance of Rs. 2,00,000/- was suo-moto made under Rule 8D(2)(iii). The total disallowance thus made suo-moto amended to Rs. 11,79,624/-. The AO made disallowance under Rule 8D(2)(ii) amounting to Rs. 11,63,32,789/- and disallowance under Rule 8D(2)(iii) amounting

VARDHMAN TEXTILES LIMITED,LUDHIANA vs. ACIT-CIRCLE-1, LUDHIANA

In the result, appeals of the Assessee are partly allowed whereas the Cross appeals of the Revenue are dismissed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. SHRI. KRINWANT SAHAY (Accountant Member)

exempt income, the disallowance of Rs. 2,00,000/- was suo-moto made under Rule 8D(2)(iii). The total disallowance thus made suo-moto amended to Rs. 11,79,624/-. The AO made disallowance under Rule 8D(2)(ii) amounting to Rs. 11,63,32,789/- and disallowance under Rule 8D(2)(iii) amounting

SMT. TEENA GARG,CHANDIGARH vs. PCIT, PANCHKULA

In the result, appeal of the assessee is allowed

Transfer Pricing\nOfficer, as the case may be, shall be deemed to be erroneous in so\nfar as it is prejudicial to the interests of the revenue, if, in the opinion\nof the Principal Chief Commissioner or Chief Commissioner or\nPrincipal Commissioner or Commissioner,-\n\n(a) the order is passed without making inquiries or verification which\nshould have been

DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH vs. JAMES HOTELS LTD, CHANDIGARH

Bench: The Said Resolution To Enhance Authorized Share Capital.

Transfer Pricing Officer and thereafter the Ld. AO changed the nature of transaction from share application money and treated it as loan on which notional interest was computed and the Tribunal held that AO has no power to reclassify the transaction from the share application money to loan. 8.3 It was further submitted that while levying the penalty, Additional

M/S SANJAY SINGAL HUF,CHANDIGARH vs. DCIT, CC-1, CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

exemption of Rs.l8,31,36,042 under section 10(38) of the Act in respect of long-term capital gains earned on transfer of shares held in M/s Maa Jagdambe Trade Link Limited, as under: Name of No. of Purchase of shares Sale of shares Long term Share shares Date of Cost Price

SANJAY SINGAL,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-1, CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

exemption of Rs.l8,31,36,042 under section 10(38) of the Act in respect of long-term capital gains earned on transfer of shares held in M/s Maa Jagdambe Trade Link Limited, as under: Name of No. of Purchase of shares Sale of shares Long term Share shares Date of Cost Price