THE COMMISSIONER OF INCOME TAX vs. M.S.AGGARWAL

133A of the I.T. Act 1961 at Sirsapur Godown of M/s. Mono. 2018:DHC:2640-DB ITA No. 169/2005+connected appeal Page 30 of 77 Acrylic Manufacturing Co. Pvt. Ltd. and M/s. Universal Enterprises, inventory of stock of Acrylic Sheets and poly carbonate sheet was prepared which is placed on record. Please furnish the detail regarding the purchase vouchers relating

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

133A of the Income Tax Act by the director of investigation, New Delhi at the office premises of Cairn India Ltd and report of the survey was received by the investigation wing of the income tax Department. According to that investigation report, there were certain documents related to the assessee were found such as financial statements, red herring prospectus

ACIT, CIRCLE CC 15, NEW DELHI vs. ALKA MENDIRATTA , DELHI

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessees are also dismissed

Bench: Dr. B. R. R. Kumarms. Astha Chandra

133A of the Act, it may be presumed that such books or documents belong to such person. Undisputedly, such presumption is rebuttable.” As per this judgment, the presumption u/s 292C and 132 are rebuttable. (xiv) The ITAT Mumbai Bench in the case of Sh. Pandoo P. Naig vs ACIT in ITA Nos. 7089 & 7364/Mum/2011 and ITA No. 6671 &. 6672/Mum/2012 (supra

ACIT, CC-15, NEW DELHI vs. YASH PAL MENDIRATTA, DELHI

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessees are also dismissed

Bench: Dr. B. R. R. Kumarms. Astha Chandra

133A of the Act, it may be presumed that such books or documents belong to such person. Undisputedly, such presumption is rebuttable.” As per this judgment, the presumption u/s 292C and 132 are rebuttable. (xiv) The ITAT Mumbai Bench in the case of Sh. Pandoo P. Naig vs ACIT in ITA Nos. 7089 & 7364/Mum/2011 and ITA No. 6671 &. 6672/Mum/2012 (supra

LITTLE SCHOLARS ACADEMY,AMROHA vs. ACIT CENTRAL CIRCLE, MORADABAD

The appeal is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)

section 68 of the Act. 10. That the Ld. CIT(A) has erred in law and on facts in not providing the Appellant with the reasonable opportunity of being heard. 2 11. That the appellant reserves the right to add, modify, alter, amend or delete any of the grounds.” 3. Heard and perused the records. Ld. AR has submitted that

M/S. TANEJA DEVELOPERS INFRA. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result all the six appeals in the case of two assesses preferred by the assessee and Ld AO are dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation of Rs. 7,21,421/- , book profit under section 115JB was declared at Rs. 10,46,115/-. 6. In the return filed in response to notice under section 153A the assessee made additional claim for deduction of expenses of Rs. 7.82 crores. Assessee put note that inadvertently the company could not claim interest expenditure proportionately on accrual basis

ACIT, NEW DELHI vs. M/S. TANEJA DEVELOPERS & INFRA LTD., NEW DELHI

In the result all the six appeals in the case of two assesses preferred by the assessee and Ld AO are dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation of Rs. 7,21,421/- , book profit under section 115JB was declared at Rs. 10,46,115/-. 6. In the return filed in response to notice under section 153A the assessee made additional claim for deduction of expenses of Rs. 7.82 crores. Assessee put note that inadvertently the company could not claim interest expenditure proportionately on accrual basis

M/S. TANEJA DEVELOPERS INFRA. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result all the six appeals in the case of two assesses preferred by the assessee and Ld AO are dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation of Rs. 7,21,421/- , book profit under section 115JB was declared at Rs. 10,46,115/-. 6. In the return filed in response to notice under section 153A the assessee made additional claim for deduction of expenses of Rs. 7.82 crores. Assessee put note that inadvertently the company could not claim interest expenditure proportionately on accrual basis

DCIT, NEW DELHI vs. M/S. TANEJA DEVELOPERS & INFRASTRUCTURE LTD., NEW DELHI

In the result all the six appeals in the case of two assesses preferred by the assessee and Ld AO are dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation of Rs. 7,21,421/- , book profit under section 115JB was declared at Rs. 10,46,115/-. 6. In the return filed in response to notice under section 153A the assessee made additional claim for deduction of expenses of Rs. 7.82 crores. Assessee put note that inadvertently the company could not claim interest expenditure proportionately on accrual basis

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting the various explanations given

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting the various explanations given

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting the various explanations given

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting the various explanations given

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting the various explanations given

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting the various explanations given

SHARDA EDUCATIONAL TRUST ,GREATER NOIDA vs. ITO (TDS), INTERNATIONAL TAXATION, NOIDA

In the result, ITA.No.3377/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

133A(2A) of the I.T. Act, 1961, it was noticed by the A.O. that the assessee has not deducted tax from payments remitted abroad under various heads i.e., Commission on Student Recruitment, Ph.D Thesis Evaluation, Participation Fee for Education Tour, Advertisement/Marketing Promotional Activities, fee towards outsourced admission process, Educational Tours, and Education Fair Charges etc. Rejecting the various explanations given

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- NOIDA, INTERNATIONAL TAXATION, NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang 131 699 JAE Hyun Lee 131 701 Mong Nam Jung 131 704 p.36,41 BeomSeok Kang 131 707 Umesh Kumar Dhal

M/S. LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT (INTERNATIONAL TAXATION), NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang 131 699 JAE Hyun Lee 131 701 Mong Nam Jung 131 704 p.36,41 BeomSeok Kang 131 707 Umesh Kumar Dhal