ACIT, NEW DELHI vs. M/S. HAL OFFSHORE LTD., NEW DELHI

In the result, the appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

Bench: Sh. H. S. Sidhudr. B. R. R. Kumarita No. 4673/Del/2016 : Asstt. Year : 2012-13 Acit, Vs M/S Hal Offshore Ltd., Central Circle-15, 25, Bazar Lane, Bengali Market, New Delhi-110055 New Delhi-110001 (Appellant) (Respondent) Pan No. Aaach3144B Ita No. 2081/Del/2016 : Asstt. Year : 2012-13 M/S Hal Offshore Ltd., Vs Dcit, C/O M/S Rra Taxindia, Circle-12(1), D-28, South Extension, Part-I, New Delhi New Delhi-110049 (Appellant) (Respondent) Pan No. Aaach3144B Assessee By : Sh. Somil Agarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing: 22.07.2019 Date Of Pronouncement: 23.07.2019 Order Per Dr. B. R. R. Kumar:

6 pertains to disallowance on account of vessel repair & maintenance u/s 40(a)(ia). Brief facts of the issue are that the assessee company has made following payments for repair & maintenance without deducting TDS: (I) Ahm Marine LLC Rs.77,295/- (II) DPS Offshore Rs.3,24,607/- (III) Fugro Seastar AS/Fugro Statellite Positioning AS Rs.3,01,725/ - (IV) Fugro Seastar

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

depreciation on producing facilities @ 5.28% on straight line method, thereby making adjustment of Rs.180,40,27,029 to the book profit under section 115JB of the Act. 6. That on the facts and circumstances of the case & in law, the Ld. AO/TPO/DRP erred in not appreciating that the transactions of reimbursement of Rs.2,00,40,842, Manpower, general and administrative

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

6 SCC 401 has directed the authorities to determine whether interconnection is a fully automated process or human intervention arises at some stage and how interconnection arrangement is managed in urgent situation when allotted capacity to a service provider is exhausted and hence the facts 3 ITA No.7295/Del./2019 and circumstances of these cases were different from that

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

195 Less: Suo motu disallowance by appellant/assessee 7,79,063 DISALLOWANCE 91,18,132 4.3. This propelled the appellant/assessee to carry the matter further, and accordingly, an appeal was preferred with the Tribunal. The Tribunal, via its order dated 28.01.2020, also allowed the appeal partially. Resultantly, the Tribunal sustained the findings of the CIT(A) concerning disallowance

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

195 Less: Suo motu disallowance by appellant/assessee 7,79,063 DISALLOWANCE 91,18,132 4.3. This propelled the appellant/assessee to carry the matter further, and accordingly, an appeal was preferred with the Tribunal. The Tribunal, via its order dated 28.01.2020, also allowed the appeal partially. Resultantly, the Tribunal sustained the findings of the CIT(A) concerning disallowance

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

195 Less: Suo motu disallowance by appellant/assessee 7,79,063 DISALLOWANCE 91,18,132 4.3. This propelled the appellant/assessee to carry the matter further, and accordingly, an appeal was preferred with the Tribunal. The Tribunal, via its order dated 28.01.2020, also allowed the appeal partially. Resultantly, the Tribunal sustained the findings of the CIT(A) concerning disallowance of Digitally Signed

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

6. That the CIT (A) erred on facts and in law in upholding the action of the assessing officer / TPO in making addition to the extent of Rs.6,57,195/- on account of alleged difference in arm’s length price of international transaction of import of components, spare parts etc., applying CUP method instead of TNMM applied by the appellant

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

6. That the CIT (A) erred on facts and in law in upholding the action of the assessing officer / TPO in making addition to the extent of Rs.6,57,195/- on account of alleged difference in arm’s length price of international transaction of import of components, spare parts etc., applying CUP method instead of TNMM applied by the appellant

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

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

6 14.2. That on facts and circumstances of the case, the assessing officer failed to appreciate that the aforesaid costs were abnormal in nature and, therefore, in accordance with the consistent, regular and accepted method of accounting, was not considered for the purpose of valuation of closing inventory. 15. That the assessing officer erred on facts

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:

6 concerns deletion of addition of Rs.89,00,000/- made by the AO for computation of the income for the purposes of Minimum Alternate Tax (‘MAT’) under Section 115JB of the Act. This pertained to the expenditure incurred for earning exempt income under Section 14A read with Rule 8D. The ITAT has rightly held that this being in the nature

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:

6 concerns deletion of addition of Rs.89,00,000/- made by the AO for computation of the income for the purposes of Minimum Alternate Tax (‘MAT’) under Section 115JB of the Act. This pertained to the expenditure incurred for earning exempt income under Section 14A read with Rule 8D. The ITAT has rightly held that this being in the nature

M/S. MICROMAX INFORMATICS LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the Revenue is dismissed and that of the assessee is partly allowed

Bench: Shri I. C. Sudhir & Shri B. P. Jain

section 68 of the Income Tax Act. The learned CIT (Appeals) has confirmed the above addition. Now the assessee is in appeal before us. 52.1 It was contended by the learned AR that assessee has obtained unsecured loan from four parties. During the course of the hearing assessee filed all documents in respect of each of these parties. During

DCIT, NEW DELHI vs. M/S. MICROMAX INFORMATICS LTD., GURGAON

The appeal of the Revenue is dismissed and that of the assessee is partly allowed

Bench: Shri I. C. Sudhir & Shri B. P. Jain

section 68 of the Income Tax Act. The learned CIT (Appeals) has confirmed the above addition. Now the assessee is in appeal before us. 52.1 It was contended by the learned AR that assessee has obtained unsecured loan from four parties. During the course of the hearing assessee filed all documents in respect of each of these parties. During

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

In the result, the appeal filed by the assessee is partly allowed

Bench: Sh. N. K. Billaiya & Ms. Suchitra Kambleassessment Year: 2008-09

195 (1) of the Act and pointed out that the liability to deduct tax at source under this section arises only if the amount paid / payable to the no resident is liable to tax in India. It is the say of the counsel that since the payee is a tax resident of US and eligible to be governed

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

In the result, the appeal filed by the assessee is partly allowed

Bench: Sh. N. K. Billaiya & Ms. Suchitra Kambleassessment Year: 2008-09

195 (1) of the Act and pointed out that the liability to deduct tax at source under this section arises only if the amount paid / payable to the no resident is liable to tax in India. It is the say of the counsel that since the payee is a tax resident of US and eligible to be governed

ACIT, CIRCLE-26(1), NEW DELHI vs. VALUE FIRST DIGITAL MEDIA PVT. LTD.,, NEW DELHI

In the result, ITA No. 3143/Del/2019 [A

Bench: Shri Narender Kumar Choudhry & Dr. B.R.R. Kumar

6. The learned Commissioner perused and reproduced the provisions of Section 72A(4) of the Act, which read as under: 4) Notwithstanding anything contained in any other provisions of this Act, in the case of demerger, the accumulated loss and the allowance for unabsorbed depreciation of the demerged company shall— (a) where such loss or unabsorbed depreciation is directly relatable

ACIT, CIRCLE-26(1), NEW DELHI vs. VALUE FIRST DIGITAL MEDIA PVT. LTD.,, NEW DELHI

In the result, ITA No. 3143/Del/2019 [A

Bench: Shri Narender Kumar Choudhry & Dr. B.R.R. Kumar

6. The learned Commissioner perused and reproduced the provisions of Section 72A(4) of the Act, which read as under: 4) Notwithstanding anything contained in any other provisions of this Act, in the case of demerger, the accumulated loss and the allowance for unabsorbed depreciation of the demerged company shall— (a) where such loss or unabsorbed depreciation is directly relatable

ACIT CIRCLE 25-(1), DELHI vs. VALUE FIRST DIGITAL MEDIA PVT. LTD. , GURGAON HARYANA

In the result, ITA No. 3143/Del/2019 [A

Bench: Shri Narender Kumar Choudhry & Dr. B.R.R. Kumar

6. The learned Commissioner perused and reproduced the provisions of Section 72A(4) of the Act, which read as under: 4) Notwithstanding anything contained in any other provisions of this Act, in the case of demerger, the accumulated loss and the allowance for unabsorbed depreciation of the demerged company shall— (a) where such loss or unabsorbed depreciation is directly relatable