INDIA TODAY ONLINE PVT. LTD.,NEW DELHI vs. ITO, WARD- 12(2), NEW DELHI

In the result both the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

TDS Payable 4.363.060 4.363.060 Other Current Liabilities 583.059 583.059 Provision for Interest on Loan 39.267.539 39.267.539 Liabilities (B) 44,483,658 44,483,658 C=(A+B) 1,243,424,451 2,984,397,259 Unsecured Loan (Thomson Press India Limited) 819.187,525 819,187,525 Total Firm Value 4.24.236.926 2.165.749.734 Net Finn Value 424,236,926 2

INDIA TODAY ONLINE PVT. LTD.,NEW DELHI vs. ITO, WARD- 12(2), NEW DELHI

In the result both the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

TDS Payable 4.363.060 4.363.060 Other Current Liabilities 583.059 583.059 Provision for Interest on Loan 39.267.539 39.267.539 Liabilities (B) 44,483,658 44,483,658 C=(A+B) 1,243,424,451 2,984,397,259 Unsecured Loan (Thomson Press India Limited) 819.187,525 819,187,525 Total Firm Value 4.24.236.926 2.165.749.734 Net Finn Value 424,236,926 2

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

38. In the present case, the assessee does not acquire any vested right over the payment at the time of contribution. With regard to the insurance plans, the CIT(A) had held that the contributions are made to benefit the employer and to protect him from loss of employment, sickness, death, accident, etc. of the employee and that the policies

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

38. In the present case, the assessee does not acquire any vested right over the payment at the time of contribution. With regard to the insurance plans, the CIT(A) had held that the contributions are made to benefit the employer and to protect him from loss of employment, sickness, death, accident, etc. of the employee and that the policies

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

38. In the present case, the assessee does not acquire any vested right over the payment at the time of contribution. With regard to the insurance plans, the CIT(A) had held that the contributions are made to benefit the employer and to protect him from loss of employment, sickness, death, accident, etc. of the employee and that the policies

ADIT, DEHRADUN vs. M/S. HALLIBURTON OFFSHORE SERVICES INC., DEHRADUN

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiadit, Halliburton Offshore Services International Taxation, Inc. , Vs. 13-A,Subhash Road, C/O. Nangia & Company, Ca, Aayakar Bhawan, 75/7, Rajpur Road, Dehradun Dehradun Pan:Aaach5154M (Appellant) (Respondent) Halliburton Offshore Services Addl. Cit, Inc. , International Taxation, Vs. C/O. Nangia & Company, Ca, Subhash Road, Suite-4A, Plaza M-6, Jasola, Dehradun New Delhi Pan:Aaach5154M (Appellant) (Respondent) Halliburton Offshore Services Inc. , Adit, C/O. Nangia & Company, Ca, International Taxation, Vs. Suite-4A, Plaza M-6, Jasola, 13-A,Subhash Road, New Delhi Aayakar Bhawan, Pan:Aaach5154M Dehradun (Appellant) (Respondent) Halliburton Offshore Services Inc. Vs Ddit (International Taxation)

TDS is required to be made on the service tax component under Section 194J of the Act.” 16. In view of this ground No.6 of the appeal of the assessee is allowed holding that the service tax does not form part of gross receipts for the purpose of taxing income of the assessee u/s 44BB

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

2 taxmann.com 32 (Del) and CIT v. Cadbury India Ltd (2011) 11 taxmann.com 66(Del) and submitted that there was reasonable cause for the Appellant‟s failure to deduct TDS under Section 194-I of the Act. 32. Mr. Raghvendra Singh, learned counsel for the Revenue, first submitted that the conduct of the Assessee did not entitle

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 2(22)(e) will not be applicable in the present case. The issue is squarely covered by the order of the Tribunal for A.Ys. 2010-11 and 2011-12. Therefore, Ground Nos. 23 to 23.3 are allowed in favour of the assessee. 38. As relates to Ground No. 24- 24.1 regarding disallowance of payments made for advisory services availed

HERO MOTOCORP LTD.,,NEW DELHI vs. ADDL.CIT, RANGE-11, NEW DELHI

In the result ground No

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

Section 2(22)(e) will not be applicable in the present case. The issue is squarely covered by the order of the Tribunal for A.Ys. 2010-11 and 2011-12. Therefore, Ground Nos. 10 to 10.3 are allowed in favour of the assessee. 34. As regards to Ground No. 11 to11.1 relating to disallowance of payments made for advisory services

DCIT, DEHRADUN vs. M/S. EXPRO GULF LTD., MUMBAI

In the result, the appeal of the Revenue is partly allowed for statistical

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

2,49,00,589/- Total Revenues Rs. 28,15,78,778/- Income @ 25% Rs. 7,03,94,694/- Total income Rs. 7,03,94,694/- Income Rounded Off Rs. 7,03,94,690/- 5. Aggrieved by the above order, the assessee appealed before the first appellate authority, who after considering the detailed submissions of the assessee allowed the appeal

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

38 of the Act - tax is deductible at source under Chapter XVII-B on such expenditure and such tax has not been deducted or, after deduction, has not been paid during the previous year. It is respectfully submitted that the said section is not applicable in case of short- deduction of TDS. The section only applies in case where

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

38 of the Act - tax is deductible at source under Chapter XVII-B on such expenditure and such tax has not been deducted or, after deduction, has not been paid during the previous year. It is respectfully submitted that the said section is not applicable in case of short- deduction of TDS. The section only applies in case where

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

38 of the Act - tax is deductible at source under Chapter XVII-B on such expenditure and such tax has not been deducted or, after deduction, has not been paid during the previous year. It is respectfully submitted that the said section is not applicable in case of short- deduction of TDS. The section only applies in case where

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 :

2(38) it is clear that every statutorily recognized provided fund is recognized provided fund, but every recognized provided fund is not statutorily recognized. (3) The assessee’s EPF was governed by the provisions of section 10(11) of the I.T. Act and thus, such payments to the employee were exempt from income-tax, having no liability for TDS

ACIT, NEW DELHI vs. SH. ASHOK KUMAR GARG, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Inturi Rama Rao & Smt. Beena A. Pillaiassessment Year: 2009-10 Assistant Commissioner Of Vs. Sh. Ashok Kumar Garg, Income Tax, Circle-1(1), N-3, Kailash Colony, New Delhi New Delhi (Pan: Aagpg8032N) (Appellant) (Respondent) Appellant By : Sh. K.K. Jaiswal, Dr Respondent By : Sh. Ved Jain, Adv. Date Of Hearing: 09.09.2015 Date Of Pronouncement: 23.09.2015 Order Per Inturi Rama Rao, A.M.: This Is An Appeal Filed By The Revenue Directed Against The Order Of Cit(A)-Iv, New Delhi, Dated 27.02.2013, Passed For The Assessment Year 2009- 10. The Assessee Has Raised The Following Grounds Of Appeal: I. Whether The Learned Cit(A) Has Erred On Facts & In Law In Deleting The Addition Of Rs. 53,29,843/- On Account Of Deemed Dividend U/S 2(22)(E) Ignoring The Fact That The Advances Had Not Been Made In The Ordinary Course Of Business Expediency & The Assessee Had Been Regularly Repaying The Amount Received From The Company. Ii. The Appellant Craves Leave For Reserving The Right To Amend, Modify, Alter, Add Or Forego Any Ground(S) Of Appeal At Any Time Before Or During The Hearing Of This Appeal. 2. Brief Facts Of The Case Are That The Respondent Assessee Is An Individual Deriving Income From Salary From The Company, Namely, M/S A.K.G. Industries

Section 2(22)(e) are not applicable. In this connection, he relied on the following decisions of the Tribunal: M/s Percy Peshotan Batlivala Vs. ITO, ITA No. 4487/Del/2010, Dt. 20th i. July, 2012; 2012 (9) TMI –ITAT, Delhi Ishwar Chand Jindal Vs. ACIT, ITA No. 4967/Del/2012, dt, 29th May, ii. 2015; 2015 (8) TMI 119 – ITAT, Delhi

M/S. BAIN & COMPANY INDIA PVT. LTD.,GURGAON vs. ITO (TDS) (INTERNATIONAL TAXATION), NEW DELHI

2(ffc) only in 1994 (vide Act 38 of 1994). 78. Furthermore, it is equally ludicrous for the aforesaid amendment which also inserted explanation 6 to section 9(1)(vi) of the Income Tax Act, to apply with effect from 01.06.1976, when technology relating to transmission by a satellite, optic fibre or other similar technology, was only regulated

M/S SOCIETY FOR PARTICIPATORY RESEARCH IN ASIA,,NEW DELHI vs. ITO (E), NEW DELHI

In the result, the appeal filed by the assessee is allowed

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2009-10 Society For Participatory Research In Vs. Income Tax Officer(E), Trust Ward-Iii, Asia, 42,Tughlakabad Instutional Area, New Delhi New Delhi Gir/Pan : Aaats1994H (Appellant) (Respondent)

TDS on various services offered by the appellant. Further appellant has also generated surplus of Rs.1.09 crores as well as earned interest income on the fixed deposit which has been held as taxable by Hon'ble Supreme Court in the case of Bangalore Club. So, after considering the facts of the case in totality, in my opinion, grounds

DCIT, NEW DELHI vs. M/S XANSA INDIA LTD., NOIDA

In the result appeal of the revenue is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

TDS) under Section 195(2) or 195(3) either by the non-resident or by the resident payer is to avoid any future hassles for both resident as well as non-resident. In our view, Sections 195(2) and 195(3) are safeguards. The said provisions are of practical importance. This reasoning of ours is based on the decision