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

Bench: Shri H. S. Sidhu & Shri Prashant Maharishinew Delhi Television Ltd, Vs. Acit, 207, Okhla Industrial Estate, Phase- Circle-13(1), Iii, New Delhi New Delhi Pan: Aaacn0865D (Appellant) (Respondent) Acit, Vs. New Delhi Television Ltd, Circle-13(1), 207, Okhla Industrial Estate, New Delhi Phase-Iii, New Delhi Pan: Aaacn0865D (Appellant) (Respondent)

2 having their headquarters mentioned in column 3 shall exercise such powers and perform such function of Transfer Pricing Officers as mentioned in Section 92CA for the purpose of sections 92C and 92D of the Act, in respect of persons or classes of persons mentioned in column 5:" 5. It was submitted by Mr. Mahabir Singh, learned Senior Advocate that

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

Appeal is dismissed

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

section 92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination

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

Appeal is dismissed

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

section 92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination

CANON INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

Appeal is dismissed

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

section 92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination

CANON INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

Appeal is dismissed

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

section 92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination

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

2 of this Article, items of income beneficially owned by a resident of a Contracting State, wherever arising, other than income paid out of trusts or the estates of deceased persons in the course of administration, which are not dealt with in the foregoing Articles of this Convention, shall be taxable only in that State. 2. The provisions of paragraph

M/S. MITSUI & CO. INDIA PVT LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeals are partly allowed and

Bench: Shri S.V.Mehrotrashri Kuldip Singhmitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 6 (1), District Centre Saket, New Delhi. New Delhi (Pan :Aadcm4488J) Mitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 16(2), District Centre Saket, New Delhi New Delhi. (Pan :Aadcm4488J) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate, Sh. Ashu Goel, Ca & Shri Ashish, Ca Revenue By : Shri Amrendra Kumar, Cit, Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement : 25.04.2016

2) of section 92C, the arm's length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely : (a) ** ** ** (b) ** ** ** (c) ** ** ** (d) ** ** ** (e) Transactional net margin method, by which- (i) the net profit margin realised by the enterprise from an international transaction entered into

MITSUI & CO INDIA PVT. LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

Appeals are partly allowed and

Bench: Shri S.V.Mehrotrashri Kuldip Singhmitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 6 (1), District Centre Saket, New Delhi. New Delhi (Pan :Aadcm4488J) Mitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 16(2), District Centre Saket, New Delhi New Delhi. (Pan :Aadcm4488J) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate, Sh. Ashu Goel, Ca & Shri Ashish, Ca Revenue By : Shri Amrendra Kumar, Cit, Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement : 25.04.2016

2) of section 92C, the arm's length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely : (a) ** ** ** (b) ** ** ** (c) ** ** ** (d) ** ** ** (e) Transactional net margin method, by which- (i) the net profit margin realised by the enterprise from an international transaction entered into

HERO MOTO CORP LTD.,NEW DELHI vs. NEAC, DELHI

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

TDS credit of Rs.21,02,52,980 claimed in the Return of Income, without providing any reason therefor. Re: Interest charged 24. That the assessing officer erred in withdrawing interest of Rs.6,55,50,889 granted under section 244A of the Act. The appellant craves leave to add, amend or vary the above grounds of appeal on or before

M/S. HONDA SIEL POWER PRODUCTS LTD.,GAUTAM BUDH NAGAR vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee-company are partly allowed for statistical purposes

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

2) thereof.- - - -” (emphasis supplied) Reliance is also placed on the decision of Mumbai Bench of the Tribunal in the case of CA Computer Associates Pvt. Ltd. vs. DCIT (ITA Nos. 5420 and 5421/Mum/2006), wherein, while deleting the adjustment made by the TPO by holding payment of royalty to be unjustified, the Hon’ble Tribunal held as under: “8. The manner

ACIT, CIRCLE-8(1), NEW DELHI vs. EFS FACILITIES SERVICES (INDIA) PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue for assessment year

Bench: Dr. B.R.R. Kumar & Ms. Astha Chandra

TDS liability arising out of the contractual obligation. The Reliance is placed on the above mentioned pronouncement of ITAT Mumbai in case of M/S Bob Cards Ltd., Mumbai vs Department Of Income Tax, held that payment made as a result of contractual liability is an allowable expenditure. The same view has been expressed by the High Court of Madras

ACIT, CIRCLE-8(1), NEW DELHI vs. EFS FACILITIES SERVICES (INDIA) PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue for assessment year

Bench: Dr. B.R.R. Kumar & Ms. Astha Chandra

TDS liability arising out of the contractual obligation. The Reliance is placed on the above mentioned pronouncement of ITAT Mumbai in case of M/S Bob Cards Ltd., Mumbai vs Department Of Income Tax, held that payment made as a result of contractual liability is an allowable expenditure. The same view has been expressed by the High Court of Madras

M/S. CONCENTRIX DAKSH SERVICES INDIA PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. Sudhanshu Srivastavaita No. 2096/Del/2015 : Asstt. Year : 2010-11 M/S Concentrix Daksh Services India Vs Deputy Commissioner Of Pvt. Ltd., (Erstwhile Known As Ibm Income Tax, Circle-4(1), Daksh Business Process Services Pvt. New Delhi Ltd.), 4Th Floor, Tower-B, Building No. 8, Cyber City, Dlf, Phase-Ii, Gurgaon, Haryana (Appellant) (Respondent) Pan No. Aabcd4187D

92C and section 92CA of the Act.” 5. The brief facts of the case are that the assessee has done business of providing BPO services to Fortune 500 companies in the transaction processing and customer care services segments. The assessee offers remote support services including customer care and technical support through multiple communication channels, back-end transaction processing, outbound collections

DCIT, NEW DELHI vs. M/S. CONCENTRIX DAKSH SERVICES INDIA PVT LTD., GURGAON

In the result, the appeals of the assessee are partly allowed and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. Sudhanshu Srivastavaita No. 2096/Del/2015 : Asstt. Year : 2010-11 M/S Concentrix Daksh Services India Vs Deputy Commissioner Of Pvt. Ltd., (Erstwhile Known As Ibm Income Tax, Circle-4(1), Daksh Business Process Services Pvt. New Delhi Ltd.), 4Th Floor, Tower-B, Building No. 8, Cyber City, Dlf, Phase-Ii, Gurgaon, Haryana (Appellant) (Respondent) Pan No. Aabcd4187D

92C and section 92CA of the Act.” 5. The brief facts of the case are that the assessee has done business of providing BPO services to Fortune 500 companies in the transaction processing and customer care services segments. The assessee offers remote support services including customer care and technical support through multiple communication channels, back-end transaction processing, outbound collections

CANON INDIA PVT. LTD.,,GURGAON vs. ACIT, NEW DELHI

In the result appeal for A

Bench: Shri R.K.Panda & Smt. Beena A Pillaia.Y. 2012-13 & A.Y. 2013-14 Canon India Pvt.Ltd. Acit, Circle 5(2) 7Th Floor, Tower B Vs. New Delhi Building No.5 Dlf Epitome Dlf Phase Iii Gurgaon

92C(2) of the Act. Further, DRP erred in not adjudicating the objection of the Appellant in this regard. B. Corporate Tax Grounds 1. The Hon’ble DRP has grossly erred in law and on facts in directing the Ld. AO to enhance the income by disallowing Rs. 3,90,27,709/- being the reimbursement to Canon Inc., Japan

CANON INDIA PVT. LTD.,GURGAON vs. ACIT, CIRCLE- 5(2), NEW DELHI

In the result appeal for A

Bench: Shri R.K.Panda & Smt. Beena A Pillaia.Y. 2012-13 & A.Y. 2013-14 Canon India Pvt.Ltd. Acit, Circle 5(2) 7Th Floor, Tower B Vs. New Delhi Building No.5 Dlf Epitome Dlf Phase Iii Gurgaon

92C(2) of the Act. Further, DRP erred in not adjudicating the objection of the Appellant in this regard. B. Corporate Tax Grounds 1. The Hon’ble DRP has grossly erred in law and on facts in directing the Ld. AO to enhance the income by disallowing Rs. 3,90,27,709/- being the reimbursement to Canon Inc., Japan

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

TDS on such accounting error. With the above observation Ground No. 13 with all sub- grounds is partly allowed. 110. Other grounds relates to charging of interest under section 234A, 234B and 234D of the Act. Since there is no delay in filing of returns, there cannot be any levy of interest for delay in filing of returns. Advance

NALWA STEEL POWER LIMITED,NEW DELHI vs. ACIT, CIRCLE- 17(2), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

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

Section 92C of the Act from the Arm's length price, has not given any reason while making this addition. This addition is based on presumption and assumption which is not permissible under the Income Tax Act, 1961. Thus, Ground No. 4 is allowed. 22. As regards to Ground No. 5 relating to Bank Guarantee commission

TECHNIP INDIA LTD.,NOIDA vs. ADDL.CIT, SPECIAL RANGE- 9, NEW DELHI

In the result, Appeal No.6390/Del/2017 is partly allowed as per above terms

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarita No. 6390/Del/2017 Assessment Year: 2013-14 Ita No. 9852/Del/2019 Assessment Year: 2015-16 Technip Energies India Vs. Additional Commissioner Of Limited, ( Formerly Known As Income Tax, Technip India Limited), Special Range-9, A-4, Sector 1, Institutional New Delhi Area, Noida – 201 301 Pan No. Aaack3349R (Appellant) (Respondent)

92C(2) of the Act read with Rule IOD of the Income-tax Rules, 1962 ("the Rules"). The Hon'ble CIT(A) has erred in not providing any findings of the interpretation; 6. That on the facts and circumstances of the case and in law, the learned AO/TPO has erred in stating that the Appellant: a. has provided benefit