PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE- 19(2), NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI vs. PTC INDIA FINANCIAL SERVICES LTD, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

ACIT, NEW DELHI vs. M/S. PTC INDIA FINANCIAL SERVICES LTD., NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

ITO (INTL. TAXATION), NEW DELHI vs. M/S ASIAN HOTELS NORTH LTD., DELHI

In the result, the appeal of the Revenue is dismissed

Bench: N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2013-14

capital gains”) for – (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

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

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

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

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

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

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

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

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

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

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

SABRE DECISION TECHNOLOGIES INTERNATIONAL LLC,NEW DELHI vs. ACIT, INTERNATIONAL TAXATION, CIRCLE 3(1)(2), NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

194J of the said Act." The finding of the Delhi HC in the aforesaid case cannot be interpreted to say that where services are delivered through an electronic platform, there is no human interface. The database and intellectual property, on which the solutions provided to the clients are based, cannot be created by a machine. In the assessee’s case

ACIT, INTERNATIONAL TAXATION, CIRCLE 3(1)(2), NEW DELHI vs. SABRE DECISION TECHNOLOGIES INTERNATIONAL LLC, USA

In the result, the appeal of the revenue is dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

194J of the said Act." The finding of the Delhi HC in the aforesaid case cannot be interpreted to say that where services are delivered through an electronic platform, there is no human interface. The database and intellectual property, on which the solutions provided to the clients are based, cannot be created by a machine. In the assessee’s case

DCIT, CIRCLE-19(2), NEW DELHI vs. PERSONIV CONTACT CENTRES INDIA PVT LTD ( FORMELY KNOWN AS JOHN KEELS BPO SOLUTIONS PVT. LTD.), GURGAON

In the result, the appeal of the Revenue stands dismissed

gainfully refer to the order of ld. 4 ITA No.7295/Del./2019 CIT(A) dated 12.07.2018 for AY 2013-14, reproduced by the ld. CIT(A) in his order, as under : "4.3. The main submission of the appellant was that the payment made is not subject to section 195 as it does not involve in income component arising

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

194J of the Act @ 10% whereas the assessee had incorrectly treated the impugned payment as payment for work as per contract within the section 194C @ 2%. 11. Before the ld. CIT (A), assessee stated that section 40(a)(i) is attracted where tax has not been deducted at soruce or after deduction the same has not been paid

PTC INDIA FINANCIAL SERVICES LTD,NEW DELHI vs. DCIT, CIRCLE- 19(1) & (2), NEW DELHI

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

194J of the Act @ 10% whereas the assessee had incorrectly treated the impugned payment as payment for work as per contract within the section 194C @ 2%. 11. Before the ld. CIT (A), assessee stated that section 40(a)(i) is attracted where tax has not been deducted at soruce or after deduction the same has not been paid

PCL FOODS PVT. LTD.,GURGAON vs. ADDI CIT, NATIONAL E- ASSESMENT CENTRE, NEW DELHI

In the result, this appeal of the assessee is partly allowed

Bench: Ms. Madhumita Roy & Shri Brajesh Kumar Singh[Assessment Year: 2016-17] Pcl Foods Private Limited, Additional / Joint/ Unit No.-219, Plot No. 2, Deputy/Assistant Vardhman Crown Mall, Lsc, Vs Commissioner Of Income Sector 19, Dwarka, New Tax/ Income Tax Officer, Delhi-110075. National E-Assessment Centre, Delhi. Pan- Aahcp3493L Assessee Revenue

capital loans, etc., which were specifically raised by the assessee before it. 9.2 In our considered view, such an approach renders the order of the Ld. DRP non-speaking and incomplete to that extent. The Ld. DRP, being a quasi-judicial authority, is required under section 144C(5) and (8) of the Act to issue directions on all objections raised