YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

viia)(II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

viia)(II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

viia)(II). Though the provision underwent several modifications as to the definition of "technician" as well as the quantum and period for which the exemption was available, the basic requirement that the technician must have been employed in a business carried on in India existed right from the beginning. Therefore, the contention of the revenue about the inherent implausibility

STRYTON EXIM INDIA P.LTD,NEW DELHI vs. ITO, WARD-24(2), NEW DELHI

In the result appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Kuldip Singh & Shri Prashant Maharishisa No. 665/Del/2018 (In Ita No. 5982/Del/2018) (Assessment Year: 2014-15) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent)

24 existence of the share applicant companies by asking the appellant to produce their directors and also to submit the relevant details and evidence as asked by him vide notices issued u/s 133(6) of the IT Act. However, despite of giving several opportunities and show cause notices by AO, appellant failed to produce any of the directors

ACIT, NEW DELHI vs. M/S DLF LTD., NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

VIIA – basis of POCM Working for 8 VIID projects Page 4 of 144 16. TOR – 15 & 20 Reclassification of Income 321 326 8,15,68,758 Volume – VIII from House property Reconciliation of rental 326 329 4,49,85,573 income with TDS Certificate Notional Income from House 330 346 3,27,52,542 properties 17. TOR – 20 Compensation paid

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

VIIA – basis of POCM Working for 8 VIID projects Page 4 of 144 16. TOR – 15 & 20 Reclassification of Income 321 326 8,15,68,758 Volume – VIII from House property Reconciliation of rental 326 329 4,49,85,573 income with TDS Certificate Notional Income from House 330 346 3,27,52,542 properties 17. TOR – 20 Compensation paid

CONVERGYS INDIA SERVICES PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 4(2), NEW DELHI

In the result, the appeal of the assessee is allowed and the Stay Application of the assessee is dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 782/Del/2021 : Asstt. Year : 2016-17 & Sa No. 132/Del/2021 : Asstt. Year : 2016-17 Convergys India Services Pvt. Ltd., Vs Dcit, Industrial Plot No. 243, Tower-A, Circle-4(2), 3Rd, 4Th, 5Th 1St & Tower-B, New Delhi 2Nd 5Th Ground & Floors, Sp Infocity, Udyog Vihar, Gurgaon, Haryana-122001 (Appellant) (Respondent) Pan No. Aabcc5056G Assessee By : Sh. K. M. Gupta, Adv. & Ms. Shruti Khimta, Ar Revenue By : Sh. Mahesh Shah, Cit Dr & Sh. Mrinal Kumar Das, Sr. Dr Date Of Hearing: 20.07.2022 Date Of Pronouncement: 01.08.2022

24. It was submitted that the provisions of section 56(2)(viia) of the Act is applicable in cases where the consideration for the 12 SA No. 132/Del/2021 Convergys India Services Pvt. Ltd. acquisition of shares of another company is below the fair market value of the shares. 25. It was submitted that the provisions of section 56(2)(viiia

M. SONS GEMS N JEWELLERY PVT. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-20, NEW DELHI

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

Bench: Shri Anubhav Sharma& Shri Amitabh Shukla[Assessment Year: 2015-16] M. Sons Gems N Jewellery Acit Pvt. Ltd. 4852/24, First Floor, Central Circle – 20 Near Sanjivan Hospital Vs New Delhi Ansari Road, Daryaganj, New Delhi Pan-Aadcm9406A Appellant Respondent Assessee By None Revenue By Ms. Monika Singh, Cit Dr Date Of Hearing 28.10.2025 Date Of Pronouncement 17.12.2025

viia) of sub-section (1) applies, no such deduction shall be allowed Page 8 of 22 unless the assessee has debited the amount of such debt or part of debt in that previous year to the provision for bad and doubtful debts account made under that clause. 9. A perusal of the above statutory prescription provides that an assessee

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD (HUDCO),NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

ACIT, NEW DELHI vs. M/S. HOUSING & URBAN DEVELOPMENT CORP. LTD. (HUDCO), NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

ACIT, NEW DELHI vs. M/S. HOUSING & URBAN DEVELOPMENT CORP. LTD. (HUDCO), NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

M/S HOUSING & URBAN DEVLOPMENT CORPORATION LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

M/S HOUSING & URBAN DEVLOPMENT CORPORATION LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

viia) of the Act. He further relied on the judgment in the case of S.A. Builders Ltd. Vs. Commissioner of Income Tax, (2007) AIR 482; Commissioner of Income Tax Vs. EKL Appliances Ltd. 345 ITR 241 and Commissioner of Income Tax Vs. B. Dalmia Cement Ltd., 254 ITR 377. 11.2 On the other hand, the learned CIT (DR) submitted that

JAS FORWARDING WORLDWIDE PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

In the result appeal of the assessee for assessment year 2011 – 12 is allowed for statistical purposes

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

24,68,35,593 5. The Ld. AO failed to appreciate that the payments made by the Assessee to non-resident Associated Enterprises were towards rendering freight and forwarding services, which was a business income in the hands of the respective AE's and not Fees for Technical Services (FTS) as defined under Section

JAS FORWARDING WORLDWIDE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal of the assessee for assessment year 2011 – 12 is allowed for statistical purposes

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

24,68,35,593 5. The Ld. AO failed to appreciate that the payments made by the Assessee to non-resident Associated Enterprises were towards rendering freight and forwarding services, which was a business income in the hands of the respective AE's and not Fees for Technical Services (FTS) as defined under Section