AIRPORT AUTHORITY OF INDIA,NEW DELHI vs. ITO, NEW DELHI

The appeals of the assessee are allowed

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5162/Del/2012 : Asstt. Year : 2010-11 Ita No. 5163/Del/2012 : Asstt. Year : 2011-12 Airports Authority Of India, Vs Income Tax Officer(Tds), Rajiv Gandhi Bhavan, Safdarjung Ward-1(1), Airport, New Delhi-110003 New Delhi (Appellant) (Respondent) Pan No. Aaaca6412D Assessee By : Sh. Ashish Gupta, Adv. Revenue By : Sh. Sohail Malik, Sr. Dr Date Of Hearing: 24.02.2021 Date Of Pronouncement: 04.05.2021

TDS on payment to Federal Aviation Agency FAA -USA: 3. The Airport Authority of India (AAI) has entered into Memorandum of Agreement with Federal Aviation Administration, USA (FAA), for providing technical assistance to ITA No. 5162 & 5163/Del/2012 2 Airport Authority of India AAI by way of providing its personnel and meeting on ATFM requirements and assisting AAI in connection with

AIRPORT AUTHORITY OF INDIA,NEW DELHI vs. ITO, NEW DELHI

The appeals of the assessee are allowed

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5162/Del/2012 : Asstt. Year : 2010-11 Ita No. 5163/Del/2012 : Asstt. Year : 2011-12 Airports Authority Of India, Vs Income Tax Officer(Tds), Rajiv Gandhi Bhavan, Safdarjung Ward-1(1), Airport, New Delhi-110003 New Delhi (Appellant) (Respondent) Pan No. Aaaca6412D Assessee By : Sh. Ashish Gupta, Adv. Revenue By : Sh. Sohail Malik, Sr. Dr Date Of Hearing: 24.02.2021 Date Of Pronouncement: 04.05.2021

TDS on payment to Federal Aviation Agency FAA -USA: 3. The Airport Authority of India (AAI) has entered into Memorandum of Agreement with Federal Aviation Administration, USA (FAA), for providing technical assistance to ITA No. 5162 & 5163/Del/2012 2 Airport Authority of India AAI by way of providing its personnel and meeting on ATFM requirements and assisting AAI in connection with

ACIT, DELHI vs. M/S. UNITECH WIRELESS TAMILNADU PVT. LTD., NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

Section 494H in the case of amount received by the appellant from the distributors of prepaid SIM cards depends on two issues, whether there is any principal to principal relationship or principal to agent relationship. In the case of principal to principal relationship there is no applicability of 194H and in the case of principal to agent relationship the TDS

M/S. UNITECH WIRELESS (TAMILNADU) PVT. LTD.,,GURGAON vs. ACIT, NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

Section 494H in the case of amount received by the appellant from the distributors of prepaid SIM cards depends on two issues, whether there is any principal to principal relationship or principal to agent relationship. In the case of principal to principal relationship there is no applicability of 194H and in the case of principal to agent relationship the TDS

ACIT, DELHI vs. M/S. UNITECH WIRELESS TAMILNADU PVT. LTD., NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

Section 494H in the case of amount received by the appellant from the distributors of prepaid SIM cards depends on two issues, whether there is any principal to principal relationship or principal to agent relationship. In the case of principal to principal relationship there is no applicability of 194H and in the case of principal to agent relationship the TDS

M/S. UNITECH WIRELESS (TAMILNADU) PVT. LTD.,,GURGAON vs. ACIT, NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

Section 494H in the case of amount received by the appellant from the distributors of prepaid SIM cards depends on two issues, whether there is any principal to principal relationship or principal to agent relationship. In the case of principal to principal relationship there is no applicability of 194H and in the case of principal to agent relationship the TDS

DCIT, NEW DELHI vs. M/S EXXON MOBIL LUBRICANTS P. LTD., NEW DELHI

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2004-05 Dcit, Vs. Exxon Mobil Lubricants P. Ltd., Circle-11(1), Ernst & Young Tower, New Delhi. B-26, Qutab Institutional Area, New Delhi. Pan Aabce0207H (Appellant) (Respondent) Assessee By : Shri S.D. Kapila, Advocate Shri R.R. Maurya, Advocate Revenue By : Shri H.K. Choudhary, Cit- Dr Order Per R.K. Panda, Am:

273,724 10. After analyzing the various functional profile of the assessee, the TPO observed that the profile of the assessee company is more than a simple manufacturer and trader in view of the fact that huge expenses on advertisement and publicity to the extent of Rs.6.43 crore is incurred. The assessee, according to him is promoting the products

ONE MOBIKWIK SYSTEMS P.LTD,GURGAON vs. JCIT(OSD), TDS CIRCLE, GURGAON

In the result the appeal of the assessee vide ITA No

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

273 – 274 / Del/2025 4.0 The only issue contested in the present appeal qua ITA No.7830 / Del / 2025, through its grounds of appeal are regarding the action of the Ld.AO in invoking provisions of section 201 and 201(1A) in the case of the assessee holding it as an assessee in default for not deducting TDS

M/S ONE MOBIKWIK SYSTEMS LTD,GURGAON vs. JOINT COMMISSIONER OF INCOME TAX (OSD), TDS CIRCLE, GURGAON

In the result the appeal of the assessee vide ITA No

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

273 – 274 / Del/2025 4.0 The only issue contested in the present appeal qua ITA No.7830 / Del / 2025, through its grounds of appeal are regarding the action of the Ld.AO in invoking provisions of section 201 and 201(1A) in the case of the assessee holding it as an assessee in default for not deducting TDS

M/S ONE MOBIKWIK SYSTEMS LTD,GURGAON vs. JOINT COMMISSIONER OF INCOME TAX (OSD). TDS CIRCLE, GURGAON

In the result the appeal of the assessee vide ITA No

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

273 – 274 / Del/2025 4.0 The only issue contested in the present appeal qua ITA No.7830 / Del / 2025, through its grounds of appeal are regarding the action of the Ld.AO in invoking provisions of section 201 and 201(1A) in the case of the assessee holding it as an assessee in default for not deducting TDS

GSMA LTD,USA vs. ACIT CIRCLE INTL TAXATION 1(3)(1), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं.2446/िद"ी/2024(िन.व. 2017-18) Gsma Ltd., 1000 Abernathy Road, Suite 450, Atalanta, Untied State Of America ...... अपीलाथ"/Appellant Pan: Aaecg-1610-K बनाम Vs. Assistant Commissioner Of Income-Tax, International Taxation 1(3)(1), Civic Centre, ....."ितवादी/Respondent Minto Road, New Delhi 110002 अपीलाथ" "ारा/ Appellant By: Shri P.P Singh, Advocate "ितवादी"ारा/Respondent By: Shri M.S Nethrapal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/08/2025 घोषणा क" ितिथ/ Date Of Pronouncement : 04/11/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 06.04.2021 Passed U/S. 143(3) R.W.S 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’), For Assessment Year 2017-18. 2. The Registry Has Issued Defect Memo Stating That The Appeal Is Time Barred By 1076 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons For Delay In Filing Of Appeal.

TDS deduction in the return of income as per Form No. 26AS, the same was denied by the Revenue. Narrating, facts he submitted that, the assessee had received subscription fee from two companies namely; Comviva Technologies Ltd. and Plintron Global Technology Solutions P. Ltd. in terms of the agreement entered into between the said entities in the year

DCIT, NEW DELHI vs. M/S. RHC HOLDING PVT. LTD., NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं.2446/िद"ी/2024(िन.व. 2017-18) Gsma Ltd., 1000 Abernathy Road, Suite 450, Atalanta, Untied State Of America ...... अपीलाथ"/Appellant Pan: Aaecg-1610-K बनाम Vs. Assistant Commissioner Of Income-Tax, International Taxation 1(3)(1), Civic Centre, ....."ितवादी/Respondent Minto Road, New Delhi 110002 अपीलाथ" "ारा/ Appellant By: Shri P.P Singh, Advocate "ितवादी"ारा/Respondent By: Shri M.S Nethrapal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/08/2025 घोषणा क" ितिथ/ Date Of Pronouncement : 04/11/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 06.04.2021 Passed U/S. 143(3) R.W.S 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’), For Assessment Year 2017-18. 2. The Registry Has Issued Defect Memo Stating That The Appeal Is Time Barred By 1076 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons For Delay In Filing Of Appeal.

TDS deduction in the return of income as per Form No. 26AS, the same was denied by the Revenue. Narrating, facts he submitted that, the assessee had received subscription fee from two companies namely; Comviva Technologies Ltd. and Plintron Global Technology Solutions P. Ltd. in terms of the agreement entered into between the said entities in the year

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

PRATIBHA BISHT,DELHI vs. ITO,WARD-70(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2012-13] Pratibha Bisht, Vs Ito, A-5-4, Plot 5C, Pragatisheel Bairwa, Ward-70(1), Sector-11, Dwarka, Delhi-110075. New Delhi. Pan-Ahspb0980D Appellant Respondent Appellant By Shri Saurav Rohtagi, Ca Respondent By Shri Baldev Singh Negi, Sr.Dr Date Of Hearing 02.11.2023 Date Of Pronouncement 16.11.2023 Order

TDS return has been filed by all three Income sources after deducting the applicable Tax and issuing the certificates for the same to the Assessee. Assesse filed the return as soon as received the notice for filing the same, paid the balance tax liability as assessed by the department, paid further the Interest on delayed payment of Income

TAPI JWIL JV,NEW DELHI vs. ITO, WARD-62(4), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 6722/Del/2018 : Asstt. Year : 2014-15 Ita No. 4873/Del/2019 : Asstt. Year : 2014-15 Tapi Jwil Jv, Vs Income Tax Officer, C/O C. S. Anand, Adv., Ward-62(4), 104, Pankaj Tower, 10, L.S.C. New Delhi Savita Vihar, Delhi-110092 (Appellant) (Respondent) Pan No. Aadat3744J Assessee By : Sh. C. S. Anand, Adv. Revenue By : Sh. Amitabh K. Sinha, Cit-Dr Date Of Hearing: 18.07.2023 Date Of Pronouncement: 16.10.2023 Order Per Dr. B. R. R. Kumar:

TDS 5188 Sundry Balances written off 70 Net Profit 170416 The assessee JV had filed its ITR declaring total income of Rs. 1,75,600/- (Rs. 1,70,416/- plus Rs.5,188/- being the amount disallowable). The AO had passed the assessment order dated 29.12.2016 u/s 143(3) in the status of AOP, determining the total income

TAPI JWIL JV,NEW DELHI vs. ITO, WARD-62(4), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 6722/Del/2018 : Asstt. Year : 2014-15 Ita No. 4873/Del/2019 : Asstt. Year : 2014-15 Tapi Jwil Jv, Vs Income Tax Officer, C/O C. S. Anand, Adv., Ward-62(4), 104, Pankaj Tower, 10, L.S.C. New Delhi Savita Vihar, Delhi-110092 (Appellant) (Respondent) Pan No. Aadat3744J Assessee By : Sh. C. S. Anand, Adv. Revenue By : Sh. Amitabh K. Sinha, Cit-Dr Date Of Hearing: 18.07.2023 Date Of Pronouncement: 16.10.2023 Order Per Dr. B. R. R. Kumar:

TDS 5188 Sundry Balances written off 70 Net Profit 170416 The assessee JV had filed its ITR declaring total income of Rs. 1,75,600/- (Rs. 1,70,416/- plus Rs.5,188/- being the amount disallowable). The AO had passed the assessment order dated 29.12.2016 u/s 143(3) in the status of AOP, determining the total income

COMMISSIONER OF INCOME TAX-II vs. KAJARIA CERAMICS LTD

The appeals are dismissed

273 to Kajaria Plus Ltd. (‘KPL’). The AO rejected the plea of the Assessee that the payment was not for goods and services and therefore not included in para 17 (m) of the Tax Audit Report. The AO held that the Assessee was liable to deduct TDS on the aforementioned payment under Section

THE COMMISSIONER OF INCOME TAX-II vs. KAJARIA CERAMICS LTD

The appeals are dismissed

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

273 to Kajaria Plus Ltd. ('KPL'). The AO rejected the plea of the Assessee that the payment was not for goods and services and therefore not included in para 17 (m) of the Tax Audit Report. The AO held that the Assessee was liable to deduct TDS on the aforementioned payment under Section