DCIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 14A is triggered. 24. On the other hand, learned counsel submitted that has a huge reserve and surplus of Rs.19,199.85 lacs and also assessee has shown huge net interest income, therefore, disallowance under Rule 8D on account of interest cannot be made. 25. After considering the aforesaid submission and on perusal of the relevant findings given

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

Capital Markets (India) (P.) Ltd: 379 ITR 146 wherein, again, it has been reiterated that where assessee was under bona fide belief that tax was not deductible at source, disallowance made under section 40(a)(ia) of the Act could not be sustained for non-deduction of tax at source. v. Further, the Delhi Bench of the Tribunal

ACIT, NEW DELHI vs. SHRI RAJIV KAPOOR, NEW DELHI

In the result, the appeal of the Revenue stands dismissed

Bench: Shri J.S. Reddy & Shri Laliet Kumarita No. 4989/Del /2012 [Assessment Year: 2008-09] The A.C.I.T Vs. Shri Rajiv Kapooor Circle - 22(1) C/O H.L. Kapoor Investment & New Delhi Financial Consultants 5, Trimurti Building [Basement], Community Centre, New Friends Colony, New Delhi Pan : Aampk 0195 Q [Appellant] [Respondent] Department By : Shri Kartar Singh, Cit-Dr Assessee By : Shri Amit Sharma, Ca Shri Prashant Sharma, Ca Date Of Hearing : 09.03.2016 Date Of Pronouncement : 10.03.2016 Order

capital gains of Rs. 30,58,841/-. Aggrieved, the assessee went in appeal before the ld. CIT(A) . 4. Before the ld. CIT(A), the ld. AR submitted that the assessee is a financial consultant engaged in the sale of fixed deposits, bonds, mutual fund units and life insurance products as an agent/broker. The assessee is also a distributor

DCIT, NEW DELHI vs. M/S. SISTEMA SHYAM TELESERVICES LTD., NEW DELHI

Appeals are allowed and the judgment of the Tribunal on this aspect is set aside

Bench: Shri Prashant Maharishi & Shri K.N.Charydcit, Vs. Sistema Shyam Teleservices Circle-5(1), Ltd, New Delhi A-60, Naraina Industrial Area, Phase-I, New Delhi Pan: Aaccs1709H (Appellant) (Respondent)

capital and submitted that that arrangement between the respondent and the prepaid distributors for sale of prepaid talk time is that of principal to principal. Under this agreement, at his level of distribution the party distributing the prepaid talk time retains a margin for its efforts and risk assumed, while the operator, the respondent, being the service provider

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

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

Section 194H of the act. Therefore, without looking into the alternative arguments raised by the learned authorised representative, this ground of appeal is decided in favour of the assessee and the disallowances directed to be deleted. 37. Ground number 11 is with respect to Gains from sale of investments income treated as business income. The fact shows that The appellant

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

gains an entry into India supported by the assessee and Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page 9 of 484 eventually enters the motorcycle segment that the assessee is operating in, albeit after a few years but the assessee receives

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

Appeal of the Revenue is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

194H was liable to be deducted. CIT(A): The CIT(A) deleted the disallowance made by the assessing officer by relying on the order passed by the Hon’ble Tribunal in assessee’s own case for assessment years 2010-11 and 2011-12. Submission: The Hon’ble Tribunal in assessment year 2007-08 decided the issue in favour

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

DCIT CIRCLE 25(1), NEW DELHI vs. TATA TELESERVICES LTD., NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

DCIT CIRCLE - 25(1), NEW DELHI vs. TATA TELESERVICES LTD.,, NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

DCIT CIRCLE 25(1), NEW DELHI vs. TATA TELESERVICES LTD., NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

TATA TELESERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE-25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

DCIT CIRCLE - 25(1), NEW DELHI vs. TATA TELESERVICES LTD.,, NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

TATA TELESERVICES LTD.,NOIDA vs. ACIT, CIRCLE- 25(1), NEW DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

ACIT CIRCLE 25(1) , DELHI vs. TATA TELESERVICES LTD. , DELHI

Accordingly, this issue is raised in grounds of appeal No.4 of the Revenue in all these years is dismissed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.5665/Del/2019 (Assessment Year 2012-13)

194H of the Act. Accordingly, disallowance of Rs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal No. 2 to 2.5 are allowed. 24. Grounds No.3 to 3.3 are with respect to the disallowance of customers acquisition costs of Rs. 395.90 Cr. made by Assessing Officer by holding the same as capital in nature. 25. In first

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

194H of the Act. 41. That the assessing officer erred on facts and in law in disallowing under section 40(a)(ia), expenditure of Rs 71.42 crores being payment made to dealers towards repair/maintenance of vehicles of the customers under free service coupons on the ground that the appellant failed to deduct tax at source therefrom under section 194J

TATA TELESERVICES LTD.,,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

194H of the Act. Accordingly, disallowance of\nRs.70,25,05,238/- made by AO is hereby deleted. Grounds of appeal\nNo. 2 to 2.5 are allowed.\n24. Grounds No.3 to 3.3 are with respect to the disallowance of\ncustomers acquisition costs of Rs.395.90 Cr. made by Assessing\nOfficer by holding the same as capital in nature.\n25. In first appeal