YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

25. In the light of the above discussion, it is held that amounts paid directly by the employer to discharge its employees‘ income tax liability do not fall within the excluded category of monetary benefits ―payable‖ to the employee; they fall within the included category, under Section 10 (10CC) as amounts paid directly as taxes. Correspondingly, they cannot

M/S. A.T. KEARNEY INDIA PRIVATE LIMITED,GURGAON vs. ITO, NEW DELHI

In the result the ground No

Bench: Smt Diva Singh & Shri Prashant Maharishiat Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent) At Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent)

TDS. The return was processed under section 143(1) of the I.T. Act. 1961 on 17-05-2006, determining a Refund of Rs.30.282/- including interest. From the perusal of the I.T. Return, the following was observed: 1.1. As per annexure 5, notes to the computation, the assessee is engaged in providing IT enabled services involving research and production support

M/S. A.T. KEARNEY INDIA PRIVATE LIMITED,GURGAON vs. ITO, NEW DELHI

In the result the ground No

Bench: Smt Diva Singh & Shri Prashant Maharishiat Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent) At Kearney India Private Ito, Limited, Ward-1(1), Vs. 6Th Floor, Tower-D, Global New Delhi Business Park, Gurgaon Pan:Aadca1436G (Appellant) (Respondent)

TDS. The return was processed under section 143(1) of the I.T. Act. 1961 on 17-05-2006, determining a Refund of Rs.30.282/- including interest. From the perusal of the I.T. Return, the following was observed: 1.1. As per annexure 5, notes to the computation, the assessee is engaged in providing IT enabled services involving research and production support

HINDUSTAN COCA COLA BEVERAGES vs. JT.COMMISSIONER OF INCOME TAX

The appeal is allowed in the above terms, but in the circumstances, with

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

10 of 17 agreement, the payments attracted TDS under Section 194-C and not Section 194-I of the Act. 24. There is another reason as to why such a question cannot be examined again. There is a distinction in the wording of Section 271(1) (c) of the Act and Section 271-C of the Act. The penalty imposed

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

25 Special Bench - Total Oil India Pvt. Ltd. were made in other relevant sections of the Act and some of the sections were simultaneous introduced. 22. The sections amended along with introduction of section 115-O were section providing for rate of tax on dividend or providing withholding tax on dividend. When the incident of taxation on dividend income

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

25 Special Bench - Total Oil India Pvt. Ltd. were made in other relevant sections of the Act and some of the sections were simultaneous introduced. 22. The sections amended along with introduction of section 115-O were section providing for rate of tax on dividend or providing withholding tax on dividend. When the incident of taxation on dividend income

MARUTI SUZUKI INDIA LIMITED,NEW DELHI vs. ACIT, SPL. RANGE-6, NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

25 Special Bench - Total Oil India Pvt. Ltd. were made in other relevant sections of the Act and some of the sections were simultaneous introduced. 22. The sections amended along with introduction of section 115-O were section providing for rate of tax on dividend or providing withholding tax on dividend. When the incident of taxation on dividend income

MARUTI SUZUKI INDIA LTD,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

25 Special Bench - Total Oil India Pvt. Ltd. were made in other relevant sections of the Act and some of the sections were simultaneous introduced. 22. The sections amended along with introduction of section 115-O were section providing for rate of tax on dividend or providing withholding tax on dividend. When the incident of taxation on dividend income

MARUTI SUZUKI INDIA LTD,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

25 Special Bench - Total Oil India Pvt. Ltd. were made in other relevant sections of the Act and some of the sections were simultaneous introduced. 22. The sections amended along with introduction of section 115-O were section providing for rate of tax on dividend or providing withholding tax on dividend. When the incident of taxation on dividend income

DIVYA CREATION,NOIDA vs. PR.CIT, NOIDA

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2013-14 M/S. Divya Creation, Vs. Pr. Cit, Plot No. 97, Nsez, Noida Aayakar Bhawan, A2 D- Block, Sector 24, Noida Pan :Aadfd4879K (Appellant) (Respondent)

25,293/-, the Assessing Officer has not verified that as per 4th proviso to subsection (1) of section 10A, no deduction was allowable from assessment year 2012-13 onwards. (ii) that applicability of Minimum Alternative Tax (MAT) on adjusted total income as per provisions of section 115JC of the Act was not examined. (iii) that deduction under section

EMPLOYEES PROVIDENT FUND ORGANIZATION,NEW DELHI vs. DCIT (TDS), NOIDA

Appeals are allowed for statistical purposes

Bench: Shri S.V. Mehrotra : & Shri C.M. Garg :

10 sub section 11 of 1. T Act. and are covered under fourth schedule of I.T Act, 1961. Therefore, these disbursements are taxable under the head salaries and liable for the deduction of tax at source under the provisions of section 192 of the Income Tax Act, 1961”. 4.4. He, accordingly, determined the total tax liability for non-deduction

ANIL KUMAR PRUTHI,HISAR vs. ITO, WARD-1, HISAR

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahmananil Kumar Pruthi, Income Tax Officer, S/O Sh. Jagan Nath Ward-1, Hisar. Pruthi, Vs. 165, Sector-15A, Hisar-125001, Haryana. Pan:Aaspp4439J (Appellant) (Respondent)

TDS certificate, the exemption allowed by their employer at Rs.3,00,000/-, he included balance leave encashment of Rs.10,81,050/- in the total income of the assessee. Ld. Counsel for the assessee now before us filed copies of orders claiming deduction u/s 10(10AA)(i) that the entire leave encashment of Rs.13,81,050/- and the relevant orders passed

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

TDS deduction on the reimbursement payment to JVC. 4. Unreconciled difference: A massive difference of Rs. 58,85,443 existed between the assessee's booking of reimbursement (Rs. 49,32,507) and the JVC's recording of receipt of these funds (Rs. 10,39,2583 [sic in original document]). The assessee's explanation (differing finalization dates) was unsatisfactory . Revenue

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

TDS deduction on the reimbursement payment to JVC. 4. Unreconciled difference: A massive difference of Rs. 58,85,443 existed between the assessee's booking of reimbursement (Rs. 49,32,507) and the JVC's recording of receipt of these funds (Rs. 10,39,2583 [sic in original document]). The assessee's explanation (differing finalization dates) was unsatisfactory . Revenue

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

TDS deduction on the reimbursement payment to JVC. 4. Unreconciled difference: A massive difference of Rs. 58,85,443 existed between the assessee's booking of reimbursement (Rs. 49,32,507) and the JVC's recording of receipt of these funds (Rs. 10,39,2583 [sic in original document]). The assessee's explanation (differing finalization dates) was unsatisfactory . Revenue

XL INDIA BUSINESS SERVICES PVT. LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

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

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2011-12 M/S. Xl India Business Vs. Addl. Cit, Services Pvt. Ltd., Special Range-9, New Delhi Ff-101, Building No. G-11, Sarines Sonia Sadan, Community Centre, Vikas Puri, New Delhi Pan :Aaacx0309A (Appellant) (Respondent) & S.A. No.16/Del/2019 [Arising Out Of Ita No.2145/Del/2017] Assessment Year: 2011-12 M/S. Xl India Business Vs. Addl. Cit, Services Pvt. Ltd., Special Range-9, New Delhi Ff-101, Building No. G-11, Sarines Sonia Sadan, Community Centre, Vikas Puri, New Delhi Pan :Aaacx0309A (Appellant) (Respondent)

25,832/- is part of the business income or income under the head “income from other sources”. The lower authorities has denied deduction under section 10A of the Act on the said interest income, holding that the said interest income is not income earned from the business and same is part of income to be assessed under the head “income

ANSAL HOUSING & CONSTRUCTION LTD,NEW DELHI vs. ACIT, NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

TDS to Rs.1,43,215/- filed vide its letter dated 21st December and 29th December, 2006 during the course of assessment proceedings before completion of assessment u/s 139(5) of the Act.” 12. This ground has not been adjudicated by ld. CIT(A) and, therefore, this issue is restored back to the file of ld. CIT(A) for adjudication

THE ACIT.,, NEW DELHI vs. M/S. ANSAL HOUSING & CONSTRUCTION LTD.,, NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

TDS to Rs.1,43,215/- filed vide its letter dated 21st December and 29th December, 2006 during the course of assessment proceedings before completion of assessment u/s 139(5) of the Act.” 12. This ground has not been adjudicated by ld. CIT(A) and, therefore, this issue is restored back to the file of ld. CIT(A) for adjudication