ARGOS HOLDINGS PTE. LTD.,SINGAPORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE INT TAX 1(1)(1), DELHI, DELHI

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

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

TDS at concessional rates under Section 194LD of the Income Tax Act, 1961 (5.253% and 5.4075% respectively), fully deposited by the issuer, Sugam Vanijya Holdings Pvt Ltd. Exposure to ICC Realty (India) In addition to its debenture investments in VR Dakshin Private Limited, Argos had Pvt. Ltd. also subscribed to rated, redeemable NCDs issued by ICC Realty Private Limited, another

TROVE MARKETING (INDIA) PVT. LTD.,NEW DELHI vs. ITO, WARD-25(4), NEW DELHI

In the result, ITA No. 9817/Del/2019 A

TDS has been deducted. 2. In this case, an information received on NMS Portal that the assessee company has received a sum of Rs. 29,05,378/- which was not returned and brought to tax in the total income of the assessee company for the Financial Year 2009-10 relevant to Assessment Year 2010-11. It was further seen that

TROVE MARKETING (INDIA) PVT. LTD.,NEW DELHI vs. ITO, WARD-25(4), NEW DELHI

In the result, ITA No. 9817/Del/2019 A

TDS has been deducted. 2. In this case, an information received on NMS Portal that the assessee company has received a sum of Rs. 29,05,378/- which was not returned and brought to tax in the total income of the assessee company for the Financial Year 2009-10 relevant to Assessment Year 2010-11. It was further seen that

EXPEDITORS INTERNATIONAL (INDIA) PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-7(1), NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

ACIT, NEW DELHI vs. M/S. EXPENDITORS INTERNATIONAL (INDIA) PVT. LTD.,, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

ACIT, CIRCLE-8(2), NEW DELHI vs. EXPENDITORS INTERNATIONAL (INDIA) PVT. LTD.,, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

ACIT, CIRCLE-8(2), NEW DELHI vs. EXPENDITORS INTERNATIONAL (INDIA) PVT. LTD., NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

EXPEDITORS INTERNATIONAL (INDIA) PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-7(1), NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

EXPEDITORS INTERNATIONAL (INDIA) PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-7(1), NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

M/S EXPEDITORS INTERNATIONAL (INDIA) PVT LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

EXPEDITORS INTERNATIONAL (INDIA) PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-7(1), NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

ACIT, CIRCLE-8(2), NEW DELHI vs. EXPENDITORS INTERNATIONAL (INDIA) PVT. LTD.,, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

TDS on this payment. Thus, on this score also, the order of the Ld. CIT(A) is affirmed. Before us, the Ld. Counsel had also brought to our notice a CBDT Circular No. 56 of 2012 wherein it has been clarified that 'guarantee fee'paid to a nationalized bank will not be subject to withholding tax. Thus in view

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

TDS under section 194C of the Act. 39.2 That on the facts and circumstances of the case, the assessing officer failed to appreciate that the provisions of section 194C of the Act were not applicable in relation to the aforesaid transactions, as the same were in the nature of contract of sale. 39.3 That the assessing officer erred on facts

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

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

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:

282 31,531 41,575 52,852 Capital 2,182 advances GRAND 41,575 55,034 TOTAL Previous Year 76,134 43,271 45,822 73,583 44,975 7,545 31,789 20,731 52,852 24.1. He also drew the attention of the Bench to the following chart giving details of some of the comparables adopted