COMMISSIONER OF INCOME TAX DEL vs. M/S MAX INDIA LTD.

Bench: HON'BLE MR. JUSTICE B.N.CHATURVEDI

TDS on the said perquisite value. Accordingly, the Assessing Officer initiated proceedings under Section 201/201(1A) of the Income Tax Act, 1961(hereinafter referred to as Act) and computed the short deduction of tax under Section 201 of the Act at Rs.3,27,373/- and interest thereon under Section 201(1A) of the Act at Rs.2,47,860/- totaling

M/S OUTOTEC INDIA PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 4511/Del/2015 : Asstt. Year : 2010-11 Outotec India Pvt. Ltd., Vs Dy. Commissioner Of Income 507, 5Th Floor, Copia Corporate Tax, Circle-13(1), Suites, 9, Jasola Commercial New Delhi-110002 Complex, Jasola, New Delhi-110025, Delhi (Appellant) (Respondent) Pan No. Aaaco9433A Assessee By : Sh. G. C. Srivastava, Adv. & Sh. Suvinay Kumar Dash, Adv. Revenue By : Sh. Surender Pal, Sr. Dr Date Of Hearing : 12.03.2019 Date Of Pronouncement : 27.03.2019 Order Per N. S. Saini:

section 195 and added back to the income of the assessee." 4. On appeal, before the Commissioner of Income Tax (Appeals), the assessee submitted as under: "Ground No. 1 (a), (b), (c) These grounds are directed against disallowance of Service Fees paid amounting to Rs.95,95,363/- u/s 40(a)(i). 3.0 Our Submission 3.1 The allegations

HERO MOTOCORP LIMITED,NEW DELHI vs. JCIT, NEW DELHI

In the result appeal of the assessee in ITA No

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

Section 92C(1) of the Income-tax Act. In view of the above, the decision of Hon‘ble Jurisdictional High Court in the case of Nestle India Ltd. (supra) would support the case of the assessee rather than the Revenue. In view of the totality of above facts, we are unable to uphold the view of the TPO that

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

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

Section 41(1) the assessee should have obtained, whether in cash or in any other manner whatsoever, any amount in respect of the loss or expenditure earlier allowed as a deduction. This part of the reasoning, in the light of the amended clause (a) of sub-section (1) of Section 41 may not be relevant after substitution of the said

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

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

Section 41(1) the assessee should have obtained, whether in cash or in any other manner whatsoever, any amount in respect of the loss or expenditure earlier allowed as a deduction. This part of the reasoning, in the light of the amended clause (a) of sub-section (1) of Section 41 may not be relevant after substitution of the said

M/S. VOITH PAPER GMBH,NEW DELHI vs. DDIT, NEW DELHI

In the result, appeal of the assessee is dismissed

Bench: Shri O.P. Kant & Shri K.N. Charyassessment Year: 2010-11

Section 26: Risk prima facie passes with property:— ‘Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk whether delivery has been made or not……..” 7.5 We find that though

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT, CIRCLE-61(1), NEW DELHI

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

Bench: SHRI G.S. PANNU (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)

233,25,03,582/- under section 80IA of the Act in the original return of income filed on 30.11.2017 which claim was revised to Rs. 226,31,98,158/- in the revised return filed on 31.03.2018. There is no inkling in the order of the Ld. AO and / or of the Ld. DRP that the original or revised return

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT CIRCLE-61(1),, NEW DELHI

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

Bench: Shri M Balaganesh & Ms. Astha Chandraasstt. Year: 2017-18

233,25,03,582/- under section 80IA of the Act in the original return of income filed on 30.11.2017 which claim was revised to Rs. 226,31,98,158/- in the revised return filed on 31.03.2018. There is no inkling in the order of the Ld. AO and / or of the Ld. DRP that the original or revised return

LT FOODS LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri N.K. Billaiya & Shri Yogesh Kumar U.S

233/–. Ground No. 12 along with sub-grounds is allowed. 94. Ground No. 13 with sub grounds relates to the disallowance under section 40(a)(ia) of the Act. 95. The underlying facts in this issue are that the Assessing Officer, during the course of assessment proceedings and on perusal of the financial statements of the assessee, found that

HARI MACHINES LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal is dismissed

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing) Hari Machines Ltd, Vs. Dcit, 4, Scindia House, Connaught Circle-11(1), Place, New Delhi New Delhi Pan: Aaach0868C (Appellant) (Respondent)

233/- on account of interest paid for late deposit of TDS. This issue clearly covered against the assessee by the decision of the Hon’ble Madras High Court in case of Commissioner Of Income-Tax vs Chennai Properties dated 20 April, 1998 1999 239 ITR 435 Mad where in it has been held that :- 2. The assessee

GUJARAT GUARDIAN LTD.,NEW DELHI vs. DCIT, NEW DELHI

233/- are the sundry\namounts which has direct nexus with the business receipts of the\nassessee and therefore, entitled for the deduction u/s 80HHC of the\nAct. Therefore, we allow this ground of appeal of the assessee.\n13. The next issue in the assessee's appeal is disallowance of\nRs.4,47,917/-, being depreciation on indexed cost of asset

SHREE CHANDI MAA MAHAKALI PRACHIN MANDIR SIDH PEETH SAMITI,SONIPAT vs. CPC, BANGLORE

233/- are the sundry\namounts which has direct nexus with the business receipts of the\nassessee and therefore, entitled for the deduction u/s 80HHC of the\nAct. Therefore, we allow this ground of appeal of the assessee.\n\n13. The next issue in the assessee's appeal is disallowance of\nRs.4,47,917/-, being depreciation on indexed cost of asset

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

233/- are the sundry amounts which has direct nexus with the business receipts of the assessee and therefore, entitled for the deduction u/s 80HHC of the Act. Therefore, we allow this ground of appeal of the assessee.\n\n13. The next issue in the assessee's appeal is disallowance of Rs.4,47,917/-, being depreciation on indexed cost of asset

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

233/- are the sundry\namounts which has direct nexus with the business receipts of the\nassessee and therefore, entitled for the deduction u/s 80HHC of the\nAct. Therefore, we allow this ground of appeal of the assessee.\n\n13. The next issue in the assessee's appeal is disallowance of\nRs.4,47,917/-, being depreciation on indexed cost of asset

ACIT, NEW DELHI vs. M/S GUJARAT GUARDIAN LTD., NEW DELHI

233/- are the sundry\namounts which has direct nexus with the business receipts of the\nassessee and therefore, entitled for the deduction u/s 80HHC of the\nAct. Therefore, we allow this ground of appeal of the assessee.\n\n13. The next issue in the assessee's appeal is disallowance of\nRs.4,47,917/-, being depreciation on indexed cost of asset

DCIT, NEW DELHI vs. M/S. GUJRAT GUARDIAN LTD., NEW DELHI

233/- are the sundry\namounts which has direct nexus with the business receipts of the\nassessee and therefore, entitled for the deduction u/s 80HHC of the\nAct. Therefore, we allow this ground of appeal of the assessee.\n\n13. The next issue in the assessee's appeal is disallowance of\nRs.4,47,917/-, being depreciation on indexed cost of asset

DCIT, NEW DELHI vs. M/S GUJRAT GUARDIAN LTD.,, NEW DELHI

233/- are the sundry\namounts which has direct nexus with the business receipts of the\nassessee and therefore, entitled for the deduction u/s 80HHC of the\nAct. Therefore, we allow this ground of appeal of the assessee.\n\n13. The next issue in the assessee's appeal is disallowance of\nRs.4,47,917/-, being depreciation on indexed cost of asset

GUJRAT GUARDIAN LTD.,NEW DELHI vs. DCIT, NEW DELHI

233/- are the sundry\namounts which has direct nexus with the business receipts of the\nassessee and therefore, entitled for the deduction u/s 80HHC of the\nAct. Therefore, we allow this ground of appeal of the assessee.\n13. The next issue in the assessee's appeal is disallowance of\nRs.4,47,917/-, being depreciation on indexed cost of asset