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

section share) 56(2))(viib) read with 302,94,20,917/- 272,03,82,220 286,85,63,149 Explanation a(ii) and applied valuation as Total Assets per Rule 11UA. (A) However , while applying Rule 11UA the learned AO failed to apply the complete TDS payable 43,63,060 - 43,63,060 formula and failed to took factor

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

section share) 56(2))(viib) read with 302,94,20,917/- 272,03,82,220 286,85,63,149 Explanation a(ii) and applied valuation as Total Assets per Rule 11UA. (A) However , while applying Rule 11UA the learned AO failed to apply the complete TDS payable 43,63,060 - 43,63,060 formula and failed to took factor

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% from such payment, as tax deducted at source („TDS‟). Quantum proceedings 8. The Assessing Officer („AO‟) passed an order under Section 201(1) read with Section 201(1A) of the Act on 31st March 2001 holding that the payments made by the Appellant to POC were in the nature of rent from which TDS ought to have been deducted

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

282,665/-. Since the operating profit ratio of the assessee @ 10.99% is higher than the average of the operating profit ratio of comparables companies, i.e., 10.79%, the international transactions entered into by the assessee were considered as having been entered at arm’s length price, applying TNMM. From the records it can be seen that the assessee has not sold

ACIT, CIRCLE- 47(1), NEW DELHI vs. J. KISHORE EXPORTS, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri G.S.Pannu & Shri Kul Bharat[Assessment Year : 2014-15] Acit, Vs J.Kishore Exports, Circle-47(1), 558, Katra Ishwar Bhawan, New Delhi. Khari Baoli, New Delhi-110006. Pan-Aagfj9713M Appellant Respondent Appellant By Sh. Ashwani Kalia, Ca Respondent By Sh. Umesh Takyar, Sr.Dr Date Of Hearing 01.11.2021 Date Of Pronouncement 23.11.2021

TDS rather than following the procedure prescribed by law. Since, the assessee has not obtained the necessary order from his AO before transferring the commission to M/s Midland General Trading (LLC), the amount of Rs. 3,80,52,350/- is being disallowed and added to the income of the assessee. In view of the above facts, I am satisfied that

VENETIAN LDF PROJECTS LLP,GURGAON vs. ACIT CIRCLE-4(1), GURGAON

In the result, grounds raised by the assessee are dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

282 (SC)] CIT vs. Kwality Steel Suppliers Complex: 395 ITR 1 (SC) 16. It is further settled law that if the assessing officer has adopted one of the courses permissible in law which has resulted in loss of revenue, or where two views are possible and the assessing officer has taken one view with which the Commissioner does not agree

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

282 (SC)(18-05-2007) that assessee has to follow consistently one method of accounting. ITA No.713/Del/2024 & Others 5. Whether the CIT(A) was justified in allowing a method of accounting to the assessee which is in contravention to the provisions of section 145 of the Income Tax Act read with Rules. 6. Whether CIT(A) was justified in accepting

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

282 (SC)(18-05-2007) that assessee has to follow consistently one method of accounting. ITA No.713/Del/2024 & Others 5. Whether the CIT(A) was justified in allowing a method of accounting to the assessee which is in contravention to the provisions of section 145 of the Income Tax Act read with Rules. 6. Whether CIT(A) was justified in accepting

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

282 (SC)(18-05-2007) that assessee has to follow consistently one method of accounting. ITA No.713/Del/2024 & Others 5. Whether the CIT(A) was justified in allowing a method of accounting to the assessee which is in contravention to the provisions of section 145 of the Income Tax Act read with Rules. 6. Whether CIT(A) was justified in accepting

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

282 (SC)(18-05-2007) that assessee has to follow consistently one method of accounting. ITA No.713/Del/2024 & Others 5. Whether the CIT(A) was justified in allowing a method of accounting to the assessee which is in contravention to the provisions of section 145 of the Income Tax Act read with Rules. 6. Whether CIT(A) was justified in accepting

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

282 (SC)(18-05-2007) that assessee has to follow consistently one method of accounting. ITA No.713/Del/2024 & Others 5. Whether the CIT(A) was justified in allowing a method of accounting to the assessee which is in contravention to the provisions of section 145 of the Income Tax Act read with Rules. 6. Whether CIT(A) was justified in accepting

AMAZON SMART COMMERCE SOLUTIONS PRIVATE LIMITED,DELHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-1, DELHI

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

282 (SC)] CIT vs. Kwality Steel Suppliers Complex: 395 ITR 1 (SC) 16. It is further settled law that if the assessing officer has adopted one of the courses permissible in law which has resulted in loss of revenue, or where two views are possible and the assessing officer has taken one view with which the Commissioner does not agree

SATISH KUMAR DHINGRA ,HARYANA vs. ACIT CIRCLE-4(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

TDS by the collector on the land being acquired. The Hon‟ble Supreme Court very clearly and categorically held to follow the case of Nalini v. Dy. Collector, Land Acquisition 2006 (4) ILR Kerala 229 (para 6) wherein it has been laid down by Hon'ble Kerala High Court that the Land Acquisition Court has no jurisdiction to decide that

ASHOK KUMAR DHINGRA ,GURGAON vs. ACIT CIRCLE-1(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

TDS by the collector on the land being acquired. The Hon‟ble Supreme Court very clearly and categorically held to follow the case of Nalini v. Dy. Collector, Land Acquisition 2006 (4) ILR Kerala 229 (para 6) wherein it has been laid down by Hon'ble Kerala High Court that the Land Acquisition Court has no jurisdiction to decide that

SUBHASH CHAND DHINGRA ,GURGAON vs. ACIT CENTRAL CIRCLE-3(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

TDS by the collector on the land being acquired. The Hon‟ble Supreme Court very clearly and categorically held to follow the case of Nalini v. Dy. Collector, Land Acquisition 2006 (4) ILR Kerala 229 (para 6) wherein it has been laid down by Hon'ble Kerala High Court that the Land Acquisition Court has no jurisdiction to decide that

RIVET ELECTRICAL PVT LTD,FARIDABAD vs. PR. CIT, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia[Assessment Year : 2014-15] Rivet Electrical Pvt.Ltd., Vs Pr.Cit, Ff-9, Vishnu Place, Faridabad, Near Neelam Flyover, Sec-20B, Haryana. Faridabad, Haryana-121002. Pan-Aafcr8803C Appellant Respondent Appellant By Shri Rajeev Saxena, Adv., Ms. Sumangl Saxena, Adv. & Shri Sahyamsunder, Adv. Respondent By Shri Anuj Garg, Sr.Dr Date Of Hearing 12.10.2022 Date Of Pronouncement 15.11.2022

TDS deducted by the loanees on the advances issued amount to Rs.1,33,822/-. Copy of form 26AS was also enclosed disclosing all the interest which it has earned from the advances given, accounted in the P&L account for the Lucra year. The confirmation ledgers accounts of the persons Automotives (P) Ltd. (Rs. 23,68,500/-), Ashok Machines Tools

COMMISSIONER OF INCOME TAX vs. M/S INTERNATIONAL TRACTORS LTD

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

2) (1998) 230 ITR 820 (Del). On the issue of reimbursement of expenses not being subjected to TDS, reliance was placed on the decision of the Supreme Court in DIT v. A.P. Moller Moersk (2017) 392 ITR 186 (SC). 32. On the issue of exercise of jurisdictional powers under Section 263 of the Act, reliance was placed on the decision

COMMISSIONER OF INCOME TAX DELHI IV vs. INTERNATIONAL TRACTORS LTD.

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

2) (1998) 230 ITR 820 (Del). On the issue of reimbursement of expenses not being subjected to TDS, reliance was placed on the decision of the Supreme Court in DIT v. A.P. Moller Moersk (2017) 392 ITR 186 (SC). 32. On the issue of exercise of jurisdictional powers under Section 263 of the Act, reliance was placed on the decision