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)

92C(2) of the Act. 5. That on facts and in law and in law the CIT(A) has erred in upholding the action of I AO in making a disallowance of Rs. 8,96,000/- by invoking provisions of section 14A of the Act. 5.1 That on facts and in law in absence of a valid satisfaction being recorded

LI & FUNG INDIA PVT LTD vs. COMMISSIONER OF INCOME TAX

The appeal is allowed and the order dated 25/11/11 of the ITAT Tribunal, Delhi Branch

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

section 92C(2) of the Act and Rule 10B of the Rules provide the manner in which such methods should be applied by the assessee, assessing officer, Transfer Pricing Officer, etc. 11. Mr. Porus Kaka, learned senior counsel, while stating that the TNMM was chosen by LFIL as the appropriate method to calculate the arm‟s length, provided the court

(Now known as Sony India Limited)

capital, transportation, level of the market, i.e. retail or wholesale and so forth. The Rules and the analytical steps. 71. Sub-Sections (1) and (2) to Section 92C are applicable to the assessed, as well as the Assessing Officer invoking power under Sub-Section (3) to Section 92C of the Act. As noted above, sub-section (2) to Section 92C

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

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

M/S. HERO MOTOCORP LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2005-06

capital gains’ on the ground that the said expenditure was relatable to earning of exempt income. 5. That the CIT (A) erred on facts and in law in sustaining disallowance of professional fee of Rs. 14.74 paid to Prof. Tarun Khanna, a non-resident, for rendering consultancy services for scenario planning exercises of the appellant, under section

DCIT, NEW DELHI vs. M/S. HERO HONDA MOTORS LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2005-06

capital gains’ on the ground that the said expenditure was relatable to earning of exempt income. 5. That the CIT (A) erred on facts and in law in sustaining disallowance of professional fee of Rs. 14.74 paid to Prof. Tarun Khanna, a non-resident, for rendering consultancy services for scenario planning exercises of the appellant, under section

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

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

capital loan to vendors. Re: Non-allowance of depreciation on iease-hold rights in land 21. That the assessing officer erred on facts and in law in not allowing depreciation of Rs. 19,11,47,917 on „leasehold rights‟ in land under section 32(l)(ii) of the Act claimed by the appellant in accordance with the directions

GE MONEY FINANCIAL SERVICES PVT. LTD.,DELHI vs. DCIT, NEW DELHI

In the result ground, no

Bench: Shri A.T.Varkey & Shri Prashant Maharishi

2. Active Active Directory (AD) is a Microsoft Directory technology which provides various network services like Authentication, windows client management, DNS Software security, server maintenance, authentication of servers. HQ provides support & hosting for AD. AD is used by businesses globally and has about 130 Domain Controllers (Servers which host AD database). There are some Domain Controllers, software and supporting servers

GE MONEY FINANCIAL SERVICES PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result ground, no

Bench: Shri A.T.Varkey & Shri Prashant Maharishi

2. Active Active Directory (AD) is a Microsoft Directory technology which provides various network services like Authentication, windows client management, DNS Software security, server maintenance, authentication of servers. HQ provides support & hosting for AD. AD is used by businesses globally and has about 130 Domain Controllers (Servers which host AD database). There are some Domain Controllers, software and supporting servers

PRADEEP WIG,NEW DELHI vs. ACIT CENTRAL CIRCLE-5, NEW DELHI

The appeals of the Revenue are dismissed

Bench: Shri M. Balaganesh & Shri Anubhav Sharma

gains, which cannot be taxed in the hands of the assessee in any manner. The taxability thereof in the hands of the assessee is not in consonance with the Black Money (Undisclosed Foreign Income and Asset) & Imposition of Tax Act, 2015. More so when, there is no iota of evidence that any funds belonged to and/or pertained to the assessee

WHIRLPOOL OF INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

Accordingly, the penalty in this respect is upheld and grounds raised by the Assessee in Cross objection on this issue is dismissed

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

section 92C(2). Since, there is a calculation error and thereby impacting the Transfer Pricing Adjustment, it will be appropriate to remand back this issue to the file of the TPO/A.O. Needless to say, all the contentions be kept open and the assessee be given proper opportunity of hearing as per due process of law. 13. In result, grounds relating

DCIT (LTU), NEW DELHI vs. M/S WHIRLPOOL OF INDIA LTD., HARYANA

Accordingly, the penalty in this respect is upheld and grounds raised by the Assessee in Cross objection on this issue is dismissed

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

section 92C(2). Since, there is a calculation error and thereby impacting the Transfer Pricing Adjustment, it will be appropriate to remand back this issue to the file of the TPO/A.O. Needless to say, all the contentions be kept open and the assessee be given proper opportunity of hearing as per due process of law. 13. In result, grounds relating

ACIT, NEW DELHI vs. M/S. WHIRLPOOL OF INDIA LTD., GURGAON

Accordingly, the penalty in this respect is upheld and grounds raised by the Assessee in Cross objection on this issue is dismissed

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

section 92C(2). Since, there is a calculation error and thereby impacting the Transfer Pricing Adjustment, it will be appropriate to remand back this issue to the file of the TPO/A.O. Needless to say, all the contentions be kept open and the assessee be given proper opportunity of hearing as per due process of law. 13. In result, grounds relating

GOODYEAR INDIA LTD.,,FARIDABAD vs. ACIT, NEW DELHI

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

2. Licensee’s Obligation to Mark Licensed Products and Licenses Services – Licensor will have the right, but not the obligation, to require licensee to place on the licensed products, to which the licensed trademark are affixed, or the packaging therefor, or the advertisements for licensed services, the phrase “trademark used under licensed from the Goodyear Tyre and Rubber Company

RAMPGREEN SOLUTIONS PVT LTD vs. COMMISSIONER OF INCOME TAX

The appeal is allowed

Bench: The Tribunal, Impugning The Assessment Order Passed By The Assessing Officer (Hereafter ‘Ao’) Making The Transfer Pricing Adjustments (Hereafter ‘Tp Adjustments’) In Respect Of The Assessment Year (Hereafter ‘Ay’) 2008-09 As Finalised By The Transfer Pricing Officer 2015:Dhc:6421-Db

2) of the Rules in respect of the analysis of functionally comparable companies? 4. The factual context in which the aforesaid questions of law arise are briefly stated as under:- 4.1 The Assessee is a wholly owned subsidiary of vCustomer, USA, (an Associated Enterprise - hereafter ‘AE’). The Assessee is engaged in providing voice-based customer care

DCM SHRIIRAM LTD.,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 3 , NEW DELHI

In the result appeal of assessee is partly allowed

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

capital gain. In Response ld DRP held that as there was no time left it was not possible and therefore they rejected the objection of the assessee and confirmed the addition of Rs. 2 57,31,000. 16. Consequently the learned AO passed assessment order u/s 143 (3) read with Section 144C of The Income Tax Act dated 31/10/2018 determining

TOPCON SINGAPORE POSITIONING PTE LTD.,GURGAON vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, while ITA No

Bench: Us Is A Singapore Based Company Which Held 7,49,999 Shares In An Indian Company By The Name Of Topcon Sokkia India Pvt Ltd (Tsipl, In Short) & 1 Share

capital gain in INR - 4,96,54,075 Less: STCG already calculated by assessee - 3,57,37,840 Difference - 1,39,16,235 9. The Assessing Officer shall enhance the income of the assessee by an amount of Rs1,39,16,235/- while computing its total income. The Assessing Officer may examine issue of initiation of penalty

TOPCON SINGAPORE POSITIONING PTE LTD.,GURGAON vs. DCIT, CIRCLE- 3(1)(1), INTERNATIONAL TAXATION,, NEW DELHI

In the result, while ITA No

Bench: Us Is A Singapore Based Company Which Held 7,49,999 Shares In An Indian Company By The Name Of Topcon Sokkia India Pvt Ltd (Tsipl, In Short) & 1 Share

capital gain in INR - 4,96,54,075 Less: STCG already calculated by assessee - 3,57,37,840 Difference - 1,39,16,235 9. The Assessing Officer shall enhance the income of the assessee by an amount of Rs1,39,16,235/- while computing its total income. The Assessing Officer may examine issue of initiation of penalty