ADOBE SYSTEMS INDIA P.LTD,NOIDA vs. DCIT, NOIDA

In the result, the appeal of the assessee is allowed

section 144C( 13) of the Act and hence is liable to be quashed/annulled as time barred. Henceforth all the grounds below are without prejudice to Ground no.1 above: 2. Ground No.2- Addition made by the learned AO of the amount under the head "any other allowable deduction" in Column No 33 of Schedule BP of the Income Tax Return

M/S. GLOBERIAN INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singh

depreciation 1,14,36,265 (As per para 3 above) ii) Addition under transfer pricing 4,12,04,919 adjustment as discussed in para 4.3 above TOTAL TAXABLE INOCME 5,26,41,184 3. Aggrieved with the order passed by the AO, the assessee company come up before the Tribunal by way of filing the present appeal. 4. We have

KUNSHAN Q TECH MICROELECTRONICS (INDIA) PVT. LTD.,UTTAR PRADESH vs. DCIT, CENTRAL CIRCLE-30, DELHI

13) of the Act needs to be annulled or quashed on the basis of this ground alone.\n10. 10. That on the facts, law and in the circumstances of the case, the Ld. DRP has erred in law in not entirely deleting the proposed erroneous additions amounting to Rs. 4,68,86,17,357/- while framing order u/s 144C

MOBASE INDIA PVT. LTD. ,UTTAR PRADESH vs. ACIT , DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Deydr. B. R. R. Kumara.Y. : 2016-17 Mobase India Pvt. Ltd., Vs The Acit, 1C, Front Part Of Front Building, National E-Assessment Centre, Udyog Vihar, Ecotech-Ii, Greater New Delhi. Noida 201306, Up (Appellant) (Respondent) Pan No. Aaecd 8832 G Assessee By : Sh. Rajesh Dua, Ca Revenue By : Sh. Rajesh Kumar, Cit(Dr) Date Of Hearing: 06.12.2023 Date Of Pronouncement: 27.02.2024

13) read with sections 143(3A) & 143(3B) of the Income-tax Act dated 30/03/2021 without first proposing such adjustment in the draft order passed u/s 144 dated 25/11/2019 4.2 as his action of not proposing the adjustments in the draft order u/s 144C has prevented the Appellant from filing the objection before the Dispute Resolution Panel. 4.3 thus

A.T. KEARNEY LTD.- INDIA BRANCH OFFICE,GURGAON vs. ADIT, NEW DELHI

In the result, the appeal of assessee is allowed

Bench: Shri N.K. Billaiya & Shri Kuldip Singhआ.अ.सं/.I.T.A No.4405/Del/2011 िनधा"रणवष"/Assessment Year:2003-04 बनाम A.T. Kearney Ltd., Adit India Branch Office, Vs. Circle 1(1) 14Th Floor, Tower D, International Taxation, Global Business Park, New Delhi. Gurgaon.

13 of India – UK tax treaty and is taxable on presumptive basis under section 44D read with section 115A of Act, thereby not accepting the ‘net income’ returned by the appellant in accordance with the relevant provisions of the Act and India – UK tax treaty. 4. Based on the facts and circumstances of the case

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

13,187/- on account of depreciation on goodwill and also as per the Transfer Pricing Adjustment at Rs.7,73,93,666/-. The assessee filed objections before the DRP and the DRP has given directions u/s 144C (5) of the Act vide order dated 18/10/2016. After following the directions issued by the DRP, the Transfer Pricing Officer has given an order

DCIT, CC-29, NEW DELHI vs. DHARAMPAL SATYAPAL LTD., NEW DELHI

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.I.T.A. No. 1976/Del/2020 (A.Y 2013-14)

144C(4)/143(3) of the Act dated 31/1/2018. As against the assessment order dated 31/01/2018 the assessee has preferred an Appeal before the CIT(A). The Ld.CIT(A) vide order dated 24/09/2020 partly allowed the Appeal. 7. Aggrieved by the order dated 24/09/2020 the Department of Revenue has preferred the present Appeal. 8. At the time of hearing

DCIT, CC-29, NEW DELHI vs. DHARAMPAL SATYALPAL LTD., NEW DELHI

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.I.T.A. No. 1977/Del/2020 (A.Y 2014-15)

144C(4)/143(3) of the Act dated 31/01/2018. As against the assessment order dated 31/01/2018 the assessee has preferred an Appeal before the CIT(A). The Ld.CIT(A) vide order dated 24/09/2020 partly allowed on the Appeal. 5. Aggrieved by the order dated 24/09/2020 the Department of Revenue has preferred the present Appeal. 6. At the time of hearing

DCM SHRIRAM INDUSTRIS LTD,NEW DELHI vs. DCIT CIRCLE-7(1), NEW DELHI

In the result, the appeal filed by the assessee is allowed in above terms

Bench: Shri Challa Nagemdra Prasad & Shri S. Rifaur Rahman

depreciation. Regard must also be had to the fact that Section 10B(1) is essentially concerned with the grant of exemptions to newly established hundred per cent export-oriented undertakings and the deduction of profits and gains derived by such an enterprise. Sub-section (8) thereof enables an assessee to opt out of the exemption provisions contained therein subject

COMPASS INDIA SUPPORT SERVICES PRIVATE LTD. ,GURGAON vs. DCIT, CIRCLE-4(2), DELHI

144C(13) r.w.s. 144B of the Act on 30.04.2022 making an\nadjustment of Rs. 80,32,194/- on account of provision of IS & T Services.\n19. Aggrieved with the said order, the assessee is in appeal before us on the\nfollowing grounds of appeal:\n4. On the facts and circumstances of the case, & in law, the Ld. Assessing Officer

COMPASS INDIA SUPPORT SERVICES PRIVATE LIMITED,GURGAON vs. DCIT, CIRCLE-4(2), DELHI

144C(13) r.w.s. 144B of the Act on 30.04.2022 making an\nadjustment of Rs. 80,32,194/- on account of provision of IS & T Services.\n19. Aggrieved with the said order, the assessee is in appeal before us on the\nfollowing grounds of appeal:\n4. On the facts and circumstances of the case, & in law, the Ld. Assessing Officer

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT INTERNATIONAL TAXATION CIRCLE 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

144C(13) of the Act, taxing the receipts amounting to Rs. 10,37,32,010/- under s. 44BB of the Act, is wrong and bad in law as the same cannot be taxed at all in terms of the beneficial provisions under India- Canada DTAA. 4. That the Ld. DRP has grossly erred on in law by blindly relying upon

COMPUTER MODELLING GROUP LIMITED,CANADA vs. DCIT CIRCLE INTERNATIONAL TAXATION 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

144C(13) of the Act, taxing the receipts amounting to Rs. 10,37,32,010/- under s. 44BB of the Act, is wrong and bad in law as the same cannot be taxed at all in terms of the beneficial provisions under India- Canada DTAA. 4. That the Ld. DRP has grossly erred on in law by blindly relying upon

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT, CIRCLE-1(2)(1), INT. TAXATION, NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

144C(13) of the Act, taxing the receipts amounting to Rs. 10,37,32,010/- under s. 44BB of the Act, is wrong and bad in law as the same cannot be taxed at all in terms of the beneficial provisions under India- Canada DTAA. 4. That the Ld. DRP has grossly erred on in law by blindly relying upon

HEWITT ASSOCIATES (INDIA) PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

In the result, the appeal of the assesee is treated as allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandraasstt. Year : 2007-08

144C of the Act, we request your goodself to allow us the benefit of working capital adjustment. Based on the above submission, we request your goodself to rectify the above- mentioned defects by passing a suitable order under section 154 of the Act and accordingly issue the revised assessment order. ------------------------------ Unquote 2. In addition to the above-mentioned prima facie

VEDANTA LTD (SUCCESSOR TO CAIRN INDIA LTD),GURGAON vs. ACIT, CIRCLE-26(1), NEW DELHI

Bench: Hon’Ble, Shri N.K. Saini & Shri Kuldip Singh

144C of the 2 Income-tax Act, 1961 (for short ‘the Act’) qua the assessment year 2013-14 on the grounds inter alia that :- “1. That on the facts and circumstances of the case & in law, the Ld. Assessing Officer (AO) erred in assessing the total income and adjusted book profit of the Appellant at Rs.906

EXL SERVICE.COM (INDIA) PVT. LTD.,NEW DELHI vs. DCIT (LTU), NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

Section 32(1)(ii) of the Act and hence depreciation on the same shall be eligible at the rate applicable to other intangible assets specified therein. The assessee has also placed reliance on various judicial precedents.” 68. The ld. DRP after considering the submissions of the assessee directed the AO to allow the depreciation on the goodwill by observing

DCIT (LTU), NEW DELHI vs. M/S. EXL SERVICE.COM (INDIA) PVT. LTD., NEW DELHI

In the result, the appeal by the assessee as well as ofthe department are partly allowed for statistical purposes

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 302/Del/2015 : Asstt. Year : 2010-11 Exl Service.Com (India) Pvt. Ltd., Vs Deputy Commissioner Of Income 414, 4Th Floor, Dlf Jasola, Tax, Large Tax Payer Unit, Tower-B, Plot No. 10 & 11, Dda New Delhi District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Ita No. 615/Del/2015 : Asstt. Year : 2010-11 Deputy Commissioner Of Income Vs Exl Service.Com (India) Pvt. Ltd., 414, 4Th Floor, Dlf Jasola, Tower- Tax, Circle-1 (Ltu), New Delhi-110017 B, Plot No. 10 & 11, Dda District Centre, Jasola, New Delhi-110044 (Appellant) (Respondent) Pan No. Aaace5174C Assessee By : Sh. Ajay Vohra, Adv. Sh. Abhishek Agarwal, Adv. Revenue By : Sh. Piyush Jain, Cit Dr Date Of Hearing : 07.10.2017 Date Of Pronouncement : 03.01.2017 Order Per N. K. Saini, Am:

Section 32(1)(ii) of the Act and hence depreciation on the same shall be eligible at the rate applicable to other intangible assets specified therein. The assessee has also placed reliance on various judicial precedents.” 68. The ld. DRP after considering the submissions of the assessee directed the AO to allow the depreciation on the goodwill by observing