DCIT, CC-29, NEW DELHI vs. DHARAMPAL SATYAPAL LTD., NEW DELHI

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.I.T.A. No. 1976/Del/2020 (A.Y 2013-14)

purchased raw silver from third parties and as on date raw material purchased by assessee for eligible unit was fair market value of goods purchased. Assessee has also loaded actual cost on these goods with respect to freight and other expenditure. However, assessee has done processing on goods purchased from third parties therefore; assessee has provided in fact services

DCIT, CC-29, NEW DELHI vs. DHARAMPAL SATYALPAL LTD., NEW DELHI

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.I.T.A. No. 1977/Del/2020 (A.Y 2014-15)

method for benchmarking international transaction by adopting interest rate at rate of 16.31 percentages per annum by benchmarking with prime lending rate of state bank of India and making an adjustment of further 400 basis points. He submitted that since borrowing entity is a resident of Switzerland which is a country that functions on LIBOR plus rates, hence, borrowing entity

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-19, NEW DELHI vs. KOYA AND COMPANY CONSTRUCTION LIMITED, HYDERABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shris.Rifaur Rahman & Shri Sudhir Pareekdcit, Vs. M/S. Koya & Company Construction Ltd. Central Circle 19, 12-2-831/38/1, 72 Migh, New Delhi. Mehdipatnam, Hyderabad – 500 028 (Telangana). (Pan :Aacck3240R) (Appellant) (Respondent) Assessee By : Shri K.C. Devdas, Ar Revenue By : Shri Shankar Gupta, Sr. Dr Date Of Hearing : 13.10.2025 Date Of Order : 26.11.2025 Order Per S. Rifaur Rahman:

Purchase of goods 62,39,894 4. The assessee has maintained the TP documentation as prescribed under the Section 92D of the Income Tax Act, 1961 (‘the Act’) and considered Transactional Net Margin Method as the "most appropriate method" under Section 92C(l) of the Act and has filed the accountants report in Form 3CEB as prescribed under

ACE CABS LIMITED,DELHI vs. ACIT, CIRCLE-1(2), DELHI, C R BUILDING

In the result, appeal filed by the assessee is allowed

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanace Cabs Limited, Vs. Acit, Circle 1 (2), 562, Silver Oak Lane, Delhi. M.G. Road, Ghitorni, Delhi – 110 030. (Pan : Aaica4494R) (Appellant) (Respondent) Assessee By : Shri Gaurav Jain, Advocate Ms. Bharti Sharma, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 23.07.2024 Date Of Order : 04.10.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), New Delhi [“Ld. Cit(A)”, For Short]/ National Faceless Appeal Centre (Nfac) Dated 12.12.2023 For The Assessment Year 2017-18. 2. The Assessee Submitted An Application Under Rule 29 Of The Itat Rules For Admitting The Additional Evidences & The Contents Thereof Are Reproduced Below:-

TP adjustment is vitiated and unsustainable in law. It is thus the plea of the assessee that to render substantial cause of justice, the Tribunal is not only entitled in law but also under a sacrosanct duty to admit the additional evidences, more so, where the lower authorities have omitted to examine the factual aspect on comparable market value

ACIT, CIRCLE- 8(2), NEW DELHI vs. ESAOTE ASIA PACIFIC DIAGNOSTIC PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us[Assessment Year: 2011-12]

purchase of finished goods; ii. Addition of Rs.9,16,965/- on account of interest income. 4. The assessee had filed an appeal before the Ld. CIT(A) against the assessment order and the same was dismissed. Further appeal filed by the assessee before ITAT is stated to be pending. The Assessing Officer had initiated penalty proceedings

GYAN PRAKASH GUPTA,NEW DELHI vs. ITO WARD-10(4), NEW DELHI

In the result, the Assessee’s appeal is dismissed

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usa.Yr. : 2015-16 Gyan Prakash Gupta, Vs. Ito, Ward 10(4), B-189, Yojna Vihar, New Delhi – 2 New Delhi – 92 (Pan: Adupg2697N) (Appellant) (Respondent)

tp astronomical height only to create the artificial transaction in the form of capital gain. Surrounding circumstances differ from the normal shore market transactions in which they are ordinarily carried out. Taking all the steps together, final conclusion does not accord with the human probabilities. The Hon'ble Supreme Court in the case of CIT v. Durga Prasad More held

AMAZON WEB SERVICES INDIA PRIVATE LIMITED,DELHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-1, DELHI

In the result, appeal of the assessee is allowed in the aforesaid manner

Bench: Shri Shamim Yahya & Shri Sudhir Kumara.Yr. : 2018-19 Amazon Web Services India Vs. Principal Commissioner Of Private Limited, Income Tax, Delhi-1, Block-3, 14Th Floor, Unit Delhi Nos. 1401 To 1421, C.R. Building, I.P. Estate, New International Trade Delhi Tower, Nehru Place, New Delhi – 110 019 (Pan: Aajca9880A) (Appellant) (Respondent)

purchase of assets, reversal of provision of services, provision of relocation of services and tech infra server switches transactions. Therefore, the matter is remanded back to TPO for giving a finding on correctness of value of these other international transactions by a speaking order. 2. Further for marketing support services also TPO has accepted the TNMM method as the most

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

TP principles 12.4 That the assessing officers/TP0 erred on facts and in law in separately examining the international transactions entered into by the appellant, not appreciating that such transactions being closely linked have been appropriately benchmarked considering entity wide profitability 12.5 That the TPO / DRP erred on facts and in law in rejecting Transactional Net Margin Method (TNMM

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

TP principles 12.4 That the assessing officers/TP0 erred on facts and in law in separately examining the international transactions entered into by the appellant, not appreciating that such transactions being closely linked have been appropriately benchmarked considering entity wide profitability 12.5 That the TPO / DRP erred on facts and in law in rejecting Transactional Net Margin Method (TNMM

M/S MARUTI SUZUKI INDIA LTD.,,NEW DELHI vs. DCIT, NEW DELHI

TP principles\n12.4 That the assessing officers/TP0 erred on facts and in law in separately\nexamining the international transactions entered into by the appellant, not\nappreciating that such transactions being closely linked have been\nappropriately benchmarked considering entity wide profitability\n12.5 That the TPO / DRP erred on facts and in law in rejecting\nTransactional Net Margin Method (TNMM

DCIT, CENTRAL CIRCLE-20, DELHI vs. LOTUS HERBALS PVT. LTD, DELHI

In the result, appeal of the Revenue in appeal No

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

bogus Advertisement, Marketing & Promotion (AMP) Expenses, by ignoring the facts that the genuineness of the expenses could not be verified since the assessee failed to provide the complete details of these entities and their bills/vouchers & confirmation from the parties. The details of parties provided by the assessee did not respond to the notices issued to them during the course

DCIT, CENTRAL CIRCLE-20, NEW DELHI vs. LOTUS HERBALS P.LTD, DELHI

In the result, appeal of the Revenue in appeal No

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

bogus Advertisement, Marketing & Promotion (AMP) Expenses, by ignoring the facts that the genuineness of the expenses could not be verified since the assessee failed to provide the complete details of these entities and their bills/vouchers & confirmation from the parties. The details of parties provided by the assessee did not respond to the notices issued to them during the course

DCIT, CC-20, DELHI vs. LOTUS HERBALS PVT. LTD., DELHI

In the result, appeal of the Revenue in appeal No

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

bogus Advertisement, Marketing & Promotion (AMP) Expenses, by ignoring the facts that the genuineness of the expenses could not be verified since the assessee failed to provide the complete details of these entities and their bills/vouchers & confirmation from the parties. The details of parties provided by the assessee did not respond to the notices issued to them during the course

DCIT, CC-20, DELHI vs. LOTUS HERBALS PVT. LTD., DELHI

In the result, appeal of the Revenue in appeal No

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

bogus Advertisement, Marketing & Promotion (AMP) Expenses, by ignoring the facts that the genuineness of the expenses could not be verified since the assessee failed to provide the complete details of these entities and their bills/vouchers & confirmation from the parties. The details of parties provided by the assessee did not respond to the notices issued to them during the course

DCIT, CC-20, DELHI vs. LOTUS HERBALS PVT. LTD., DELHI

In the result, appeal of the Revenue in appeal No

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

bogus Advertisement, Marketing & Promotion (AMP) Expenses, by ignoring the facts that the genuineness of the expenses could not be verified since the assessee failed to provide the complete details of these entities and their bills/vouchers & confirmation from the parties. The details of parties provided by the assessee did not respond to the notices issued to them during the course

COSMIC INFORMATICS PVT. LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE - 2, NEW DELHI

In the result, appeal of the Revenue in appeal No

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

bogus Advertisement, Marketing & Promotion (AMP) Expenses, by ignoring the facts that the genuineness of the expenses could not be verified since the assessee failed to provide the complete details of these entities and their bills/vouchers & confirmation from the parties. The details of parties provided by the assessee did not respond to the notices issued to them during the course

COSMIC INFORMATICS PVT. LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE - 2, NEW DELHI

In the result, appeal of the Revenue in appeal No

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

bogus Advertisement, Marketing & Promotion (AMP) Expenses, by ignoring the facts that the genuineness of the expenses could not be verified since the assessee failed to provide the complete details of these entities and their bills/vouchers & confirmation from the parties. The details of parties provided by the assessee did not respond to the notices issued to them during the course

DCIT, CIRCLE-13(1), NEW DELHI vs. JARUL INFRASTRUCTURE PVT. LTD, NEW DELHI

In the result, the Revenue’s appeal is dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharma[Assessment Year: 2012-13]

methods. It is the obligation of every citizen to pay the taxes honestly without resorting to subterfuges”. 8.1 In the instant case also, a colourable device has been created to camouflage the credit of the amount to Indiabulls Power Ltd. (now RattanIndia Power Ltd.) as a capital receipt to avoid the test of section 68 of the Income