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:

depreciation on such software license was to be claimed @ 25% as against 60% claimed by the Appellant. 12. The Ld. AO / Ld. DRP erred in law and on the facts and circumstances of the case by making a disallowance of notional expenditure of Rs. 16,90,576 per provisions of section 14A of the Act read with rule

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:

depreciation on such software license was to be claimed @ 25% as against 60% claimed by the Appellant. 12. The Ld. AO / Ld. DRP erred in law and on the facts and circumstances of the case by making a disallowance of notional expenditure of Rs. 16,90,576 per provisions of section 14A of the Act read with rule

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, appeal of the Assessee is allowed

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

depreciation on goodwill amounting to INR 1,55,34,890 claimed under section 32(1)(ii) of the Act. 3. That on the facts and circumstances of the case and in law, the AO erred in holding and CIT(A) further erred in confirming that goodwill does not qualify as ‘business or commercial right’ as envisaged under section

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- 2(2)(1), INTERNATIONAL TAXATION , NEW DELHI

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

234D of the Act without appreciating that no refund was granted to the Appellant. 9. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271(1 )(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income

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

234D of the Act without appreciating that no refund was granted to the Appellant. 9. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271(1 )(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income

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

234D of the Act without appreciating that no refund was granted to the Appellant. 9. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271(1 )(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income

M/S. AT & T GLOBAL NETWORK SERVICES (INDIA) PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

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

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiat & T Global Network Services Dcit, (India) Pvt Ltd., Circle-2(1), Vs. Vatika Lok-1, Block-A, Gurgaon New Delhi Pan:Aafca8810L (Appellant) (Respondent) Dcit, At & T Global Network Services Circle-2(1), (India) Pvt Ltd., Vs. New Delhi Vatika Lok-1, Block-A, Gurgaon Pan:Aafca8810L (Appellant) (Respondent)

depreciation under section 32 of the Act on the aforesaid interest disallowed for the subject assessment year. 6. Ground No. 6-Disallowance of circuit accruals 6.1 On the facts and circumstances of the case and in law, the learned AO/ Hon'ble DRP has erred in making a disallowance of Rs 28,715,900 on account of year-end accruals

AT & T GLOBAL NETWORK SERVICES (I) PVT LTD,GURGAON vs. ACIT, NEW DELHI

In the result appeal of the assessee in ITA No 1059/Del/2015 is partly allowed

Bench: Shri I. C. Sudhir & Shri Prashant Maharishiat & T Global Network Services Dcit, (India) Pvt Ltd., Circle-2(1), Vs. Vatika Lok-1, Block-A, Gurgaon New Delhi Pan:Aafca8810L (Appellant) (Respondent) Dcit, At & T Global Network Services Circle-2(1), (India) Pvt Ltd., Vs. New Delhi Vatika Lok-1, Block-A, Gurgaon Pan:Aafca8810L (Appellant) (Respondent)

depreciation under section 32 of the Act on the interest expenditure, amounting to Rs 2,216,117 and Rs 454,131, disallowed in the preceding assessment years (i.e. AY 2008-09 and AY 2009-10 respectively). 2, Ground No. 2 - Disallowance of circuit accruals 2.1 On the facts and circumstances of the case and in law, the learned

M/S. BG EXPLORATION & PRODUCTION INDIA LTD.,MUMBAI vs. JCIT, DEHRADUN

Bench: Shri I. C. Sudhir & Shri Prashant Maharishibg Exploration & Production Jcit, India Ltd, International Taxation, Bg House, Dehradun Vs. Lake Boulevard Road, Hiranandani Business Park, Powai, Mumbai Pan:Aaace4569K (Appellant) (Respondent) Dcit, Bg Exploration & Production International Taxation, India Ltd, Bg House, Lake Dehradun Boulevard Road, Hiranandani Vs. Business Park, Powai, Mumbai Pan: Aaace4569K (Appellant) (Respondent)

depreciation on global IT & T expenditure of Rs. 33,005,676. 5.2 Without prejudice, the learned DRP erred in not treating the global IT & T expenditure as revenue expenditure allowable under section 37(1) of the Act. Ground No. 6: Disallowance of exploration cost 6.1 The learned AO / DRP erred in law and in facts in disallowing under section

M/S. NOKIA SIEMENS NETWORKS PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N. K. Saini & Ms Suchitra Kamblenokia Siemens Networks Pvt. Ltd. Vs Acit 7Th Floor, Building No. 9A Circle-13(1), Room No. 406, Dlf Cyber City, Sector-25A C. R. Building, I. P. Estate Gurgaon Aaccn3871F New Delhi (Appellant) (Respondent)

depreciation as made by the Appellant before finalization of the order dated November 30, 2012 should be accorded to the assessee. 5. That, on the facts and in law, the learned AO has grossly erred in making a transfer pricing addition of Rs. 3,57,02,972 in respect of certain international transactions of the Appellant while computing the income

AMERICAN EXPRESS SERVICES INDIA LTD.,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Ms. Sushma Chowla, Vp & Shri R.K. Panda, Am [Through Video Conferencing] आयकर अपील सं आयकर अपील सं. / Ita No. 1982/Del/2015 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year: 2010-11 िनधा"रण वष" िनधा"रण वष" M/S. American Express Services India Private Limited (Earlier Known As American Express Services India Limited), Metropolitan Saket, 7Th Floor, Office Block, District Centre, Saket, New Delhi-110017 .............अपीलाथ"/Appellant Pan-Aabct0555D Vs The Dcit, Circle-2(2), Central Revenue Building, …………. ""यथ" / Respondent New Delhi अपीलाथ" क" ओर से / Appellant By: Sh. Nageshwar Rao, Advcate & Sh S. Chakrabarty, Ar ""यथ" क" ओर से / Respondent By: Sh. Anupam Kant Garg, Cit-Dr सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 17.09.2020 Date Of Pronouncement: 21.10.2020 आदेश आदेश / Order आदेश आदेश Per Sushma Chowla, Vp This Appeal Filed By The Assessee Is Against The Final Assessment Order Dated 28.01.2015, Relating To Assessment Year 2010-11 Passed Under Section 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (In Short “The Act”).

depreciation of Rs. 2,002,258 should be allowed as per section 32 of the Act. Part III- General grounds of appeal 8. That on facts and circumstances of the case and in law, the Learned AO has erred in withdrawing interest u/s 244A of the Act of 6 Assessment Year: 2010-11 Rs 82,335 and also erred

GE NUOVO PIGNONE SPA,GURGAON vs. DCIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), NEW DELHI

In the result, appeal filed by assessee stands partly allowed

Bench: Shri Nk Saini & Smt. Beena A Pillaiay: 2009-10 Ge Nuovo Pignone Spa Vs. Dcit, International Taxation C/O 6Th Floor, Building No.7 A Circle 1(3)(1) Standard Chartered Building New Delhi Dlf Cyber City, Phase Iii Gurgaon 122 002 Haryana

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned." In the above section, the main term is ‘reason to believe' and the same has been interpreted by numerous judicial authorities. 3.2.2. The principle behind all the judgments (related to this phrase and referred by the assessee in its objection] is that

JINDAL STEEL & POWER LTD.,DELHI vs. DCIT, GURGAON

In the result, the appeal filed by the assessee is allowed for statistical

Bench: Shri R. K. Panda & Smt. Beena A. Pillaiassessment Year : 2005-06 Jindal Steel & Power Ltd., Dcit, Circle- 1(1), Jindal Centre, Gurgaon. 12, Bhikaji Cama Place, Vs. Delhi.

depreciation of the eligible unit relating to any earlier assessment year(s) which are already absorbed against profits of other units/ other incomes in the respective year(s) should once again be notionally brought forward and adjusted against the profits of the current assessment year for computing deduction allowable under section 80-IA/18 of the Act. He submitted that

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE- 16(1), NEW DELHI

depreciation under section 32 of the Act, consistent with his finding\nthat the aforesaid expenditure is capital in nature.\n9. That the assessing officer /DRP erred on facts and in law in treating\ngains from sale and purchase of mutual funds as \"business income” as against\nthe same being declared under the head capital gains\" by the appellant.\n9.1 That

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

In the result ground, no

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

234D of the Act as a consequence to the above disallowances confirmed by the Hon'ble DRP. G. Withdrawal of Interest granted under section 244A of the Act 7 On the facts and circumstances of the case and in law, the Ld. AO erred in withdrawing interest of Rs,2,03,74,067/- granted to the Appellant under section 244A

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

234D of the Act as a consequence to the above disallowances confirmed by the Hon'ble DRP. G. Withdrawal of Interest granted under section 244A of the Act 7 On the facts and circumstances of the case and in law, the Ld. AO erred in withdrawing interest of Rs,2,03,74,067/- granted to the Appellant under section 244A

M/S MARUTI SUZUKI INDIA LTD.,,NEW DELHI vs. DCIT, NEW DELHI

depreciation under section 32 of the Act, consistent with his finding\nthat the aforesaid expenditure is capital in nature.\n9. That the assessing officer /DRP erred on facts and in law in treating\ngains from sale and purchase of mutual funds as \"business income” as against\nthe same being declared under the head capital gains\" by the appellant.\n9.1 That

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

SECTION 45, READ WITH SECTION 28(i), OF THE INCOME-TAX ACT, 1961 - CAPITAL GAINS, CHARGEABLE AS - ISSUE OF TAXABILITY OF SURPLUS ON SALE OF SHARES AND SECURITIES - CAPITAL GAINS OR BUSINESS INCOME - INSTRUCTIONS IN ORDER TO REDUCE LITIGATION CIRCULAR NO.6/2016 [F.NO.225/12/2016-ITA-II], DATED 29-2-2016 1. Sub-section (14) of section 2 of the Income