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

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

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

BT E- SERV (INDIA) PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result appeal No. 99/Del/2016 filed by the assessee for assessment year 2011 – 12 is partly allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi & Bt E-Serv (India) Pvt. Ltd, Ito, 11Th Floor, Eros Corporate Tower, Ward-5(2), Vs. Nehru Place, New Delhi New Delhi Pan:Aadcb2533M (Appellant) (Respondent)

Section 92C (3) of the Act. 4. The learned TPO / AO / DRP have erred in: a. Not accepting the use of multiple year data, as adopted by the appellant in its Transfer Pricing (TP1) documentation; and pg. 3 BT e- serve ( India ) private Limited V ITO ITA No 565 /Del/2015 A Y 2010-11 ITA No 99/del/2016

(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

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

ARIVENT TECHNOLOGIES HOLDINGS LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

92C of the Act. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not entertaining the claim of deduction of Rs.2,77,79,494 under section 43B of the Act in respect of leave encashment and gratuity paid before the due date of filing of return merely on the Ground

M/S. ARICENT TECHNOLOGIES (HOLDINGS) LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

92C of the Act. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not entertaining the claim of deduction of Rs.2,77,79,494 under section 43B of the Act in respect of leave encashment and gratuity paid before the due date of filing of return merely on the Ground

ARICENT TECHNOLOGIES (HOLDINGS) LTD.,NEW DELHI vs. DCIT, CIRCLE- 3(1), NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

92C of the Act. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not entertaining the claim of deduction of Rs.2,77,79,494 under section 43B of the Act in respect of leave encashment and gratuity paid before the due date of filing of return merely on the Ground

ADDL. CIT, SPECIAL RANGE- 1 , NEW DELHI vs. ARICENT TECHNOLOGIES (HOLDINGS) LTD., NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

92C of the Act. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not entertaining the claim of deduction of Rs.2,77,79,494 under section 43B of the Act in respect of leave encashment and gratuity paid before the due date of filing of return merely on the Ground

ARICENT TECHNOLOGIES (HOLDINGS) LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 1 , NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

92C of the Act. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not entertaining the claim of deduction of Rs.2,77,79,494 under section 43B of the Act in respect of leave encashment and gratuity paid before the due date of filing of return merely on the Ground

ARICENT TECHNOLOGIES (HOLDINGS) LTD.,NEW DELHI vs. JCIT, SPECIAL RANGE- 1 , NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

92C of the Act. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not entertaining the claim of deduction of Rs.2,77,79,494 under section 43B of the Act in respect of leave encashment and gratuity paid before the due date of filing of return merely on the Ground

DCIT, NEW DELHI vs. M/S JSL LTD.,, HISAR

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

92C(2) of the Act. 3. That the Commissioner of Income Tax (Appeals) erred on facts and in law in sustaining addition of Rs. 70,95,787 on account of the alleged difference in the arm‘s length price of international transactions of interest charged on loan given to the associated enterprise, PT Jindal Indonesia by applying the interest rate

JINDAL STAINLESS LTD.,HISAR vs. DCIT, NEW DELHI

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

92C(2) of the Act. 3. That the Commissioner of Income Tax (Appeals) erred on facts and in law in sustaining addition of Rs. 70,95,787 on account of the alleged difference in the arm‘s length price of international transactions of interest charged on loan given to the associated enterprise, PT Jindal Indonesia by applying the interest rate

ECOENERGY INSIGHTS LTD ( FORMERLY KNOWN AS CHUBB ALBA CONTROL SYSTEMS P.LTD),NEW DELHI vs. DCIT, CIRCLE-4(2), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaecoenergy Insights Ltd., Vs. Dcit, (Formerly Known As Chubb Alba Control Circle 4 (2), Systems P. Ltd.), New Delhi. Ground Floor, 18, Netaji Subhash Marg, Daryaganj, New Delhi – 110 002. (Pan :Aaaca0031C) (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao, Advocate Shri Parth, Advocate Shri Pratik Rath, Advocate Revenue By : Shri S.K. Jadhav, Cit Dr Date Of Hearing : 12.08.2025 Date Of Order : 10.11.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessees Is Directed Against The Assessment Order Dated 25.07.2022Passed By The Assessment Unit, Income Tax Department Under Section 147 Read With Section 144C(13) R.W.S. 144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Ay 2018-19 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act.

92C. In sub-section 3 of section 144B, roles of Technical unit is clearly spelt out according to which, functions of technical unit includes assistance or advice on transfer pricing issues. During the course of performing such function, the technical unit can obtain advice from the TPO on the issue of determination of Arm’s Length price of international transaction

SUMITOMO CORPORATION INDIA PVT LTD,DELHI vs. DCIT,CIRCLE-22(2), DELHI

In the result, the appeals of the assessee are partly allowed as indicated above and the stay application is dismissed as infructuous

Bench: Shri C.N. Prasad & Shri M. Balaganesh, Accontant Member Assessment Year 2020-21 Sumitomo Corporation India Vs. Dcit Pvt. Ltd. Circle -22 (2) 501 & 502, 5Th Floor West Wing, World Mark 1, Asset No.11, Hospitality District Aerocity, New Delhi-110037 Pan No.Aabcs1887M Appellant Respondent It(Tp) Appeal No.14/Del/2025 Assessment Year 2021-22 Sumitomo Corporation India Vs. Dcit Pvt. Ltd. Circle -22 (2) 501 & 502, 5Th Floor Delhi West Wing, World Mark 1, Asset No.11, Hospitality District Aerocity, New Delhi-110037 Pan No.Aabcs1887M Appellant Respondent

capital gains amounting to INR 5,64,90,133/-; (iii) Failure to grant tax credit of INR 62,68,561/- on account of Tax Deducted at Source ('TDS'), Tax Collected at Source ('TCS') and Double Taxation Avoidance Agreement ('DTAA') credit (iv) Erroneous application of surcharge at 12% vis-à-vis surcharge rate of 10% (as provided under section 115BAA

DCIT, NEW DELHI vs. M/S. CORNELL OVERSEAS (P) LTD., NEW DELHI

In the result, appeal of the department is dismissed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 2166/Del/2011 : Asstt. Year : 2003-04 Dcit, Vs Cornell Overseas (P) Ltd., Circle-3(1), B-235, Okhla Indl. Area, Phase-I, New Delhi New Delhi-110020 (Appellant) (Respondent) Pan No. Aaacc0034F Assessee By : Ms. Vandana Bhandari, Ca Revenue By : Sh. Neeraj Kumar, Sr. Dr Date Of Hearing : 03.02.2017 Date Of Pronouncement : 02.05.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 28.02.2011 Of Ld. Cit(A)-Xx, New Delhi.

Gains from Business including sale proceeds of sample designs forms part of operating profits of the company and not 'other receipt' as misconceived by AO. As explained in the Board Circular, what is not included in the profits of the business for the purpose of section 80HHC are receipts by way of brokerage, commission, rent, interest or any other receipt