M/S. RELIGARE FINVEST LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the revenue is dismissed

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2008-09 Vs. Acit, Circle-15(1), New Delhi Religare Finvest Ltd., D-3, P3B, District Centre, Saket, New Delhi Pan : Aafcs6801H (Appellant) (Respondent) Appellant By Sh. Rohit Garg, Adv. & Ms. Tejasvi Jain, Ca Respondent By Sh. F.R. Meena, Sr.Dr Date Of Hearing 28.03.2017 Date Of Pronouncement 28.04.2017 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals)-Xviii, New Delhi, Dated 28.02.2013, Raising The Following Grounds Of Appeal:

40A(2)(b) of the Act were not applicable in the above transaction inasmuch as : (a) RSL and RRL were not specified entities covered under that section; and (b) without prejudice, the payment of rent to RSL and RRL was neither excessive nor unreasonable having regard to the fair market value of such rental payment. 4. That the Commissioner

M/S. RELIGARE CAPITAL MARKETS LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeal is partly allowed in above terms

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

depreciation under section 32 of the Act thereon. Re: Ad-hoc disallowance of support services fee and reimbursement of expenses 6. That the assessing officer/DRP erred on facts and in law in disallowing Rs. 1,04,09,222 out of support service charges paid by the appellant. 4 | P a g e 6.1 That the assessing officer/ DRP erred

PATANJALI YOGPEETH (NYAS),DELHI vs. ADIT(EXEMPTION), NEW DELHI

Appeal is allowed

Bench: Shri I.C. Sudhir & Shri L. P. Sahu

section 142(2A) while confirming the order of the Assessing Officer in denying exemption under sections 11/12 of the Act. 8.2 The ld. AR on queries raised by the Bench responded that assessee trust is not running shops or distribution of products and for those shoppings and distribution and selling of products, as on commercial basis different entity is there

VENETIAN LDF PROJECTS LLP,GURGAON vs. ACIT CIRCLE-4(1), GURGAON

In the result, grounds raised by the assessee are dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

40A(2) of the Act had not application. 51. It is submitted that despite the appellant furnishing detailed explanations and supporting documents during the course of revisionary proceedings, the PCIT failed to consider or even refer to these submissions in the impugned order. The PCIT, without dealing with any of the detailed factual submissions or rendering any finding thereon, proceeded

AMAZON SMART COMMERCE SOLUTIONS PRIVATE LIMITED,DELHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-1, DELHI

In the result, grounds raised by the assessee are dismissed

40A(2) of the Act had not application.\n51. It is submitted that despite the appellant furnishing detailed explanations and supporting documents during the course of revisionary proceedings, the PCIT failed to consider or even refer to these submissions in the impugned order. The PCIT, without dealing with any of the detailed factual submissions or rendering any finding thereon, proceeded

GE INDIA BUSINESS SERVICES (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2008-09] Ge India Business Services Pvt. Ltd Vs. The A.C.I.T 401, 402, 4Th Floor, Circle-10(1) Aggarwal Millennium Tower, New Delhi E-1, 2, 3 Netaji Subhash Place, Wazirpur, New Delhi Pan: Aaaci6748J [Appellant] [Respondent]

section 40A(2)(b) of the Act. The assessee was asked to justify the payment. 35. In its reply, the assessee stated that since it is not the owner of these assets, depreciation

CAIRN ENERGY HYDROCARBONS LTD.,GURGAON vs. DDIT, NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

B read with section 40a(i) and 40a(ia) of the Income Tax Act, 1961 and these expenses were also found unascertainable & unverifiable by the assessing officer. 2. Whether, on the facts and in the circumstances of the case, the Ld. CIT(A] has erred in allowing the total time cost and expenses recharged by the operator to the Unincorporated

DCIT, INTL. TAXATION, CIRCLE, GURGAON vs. CAIRN ENERGY HYDROCARBON LTD. , GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

B read with section 40a(i) and 40a(ia) of the Income Tax Act, 1961 and these expenses were also found unascertainable & unverifiable by the assessing officer. 2. Whether, on the facts and in the circumstances of the case, the Ld. CIT(A] has erred in allowing the total time cost and expenses recharged by the operator to the Unincorporated

CAIRN ENERGY HYDROCARBON LTD. ,GURGAON vs. DCIT, INTL. TAXATION, CIRCLE, GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

B read with section 40a(i) and 40a(ia) of the Income Tax Act, 1961 and these expenses were also found unascertainable & unverifiable by the assessing officer. 2. Whether, on the facts and in the circumstances of the case, the Ld. CIT(A] has erred in allowing the total time cost and expenses recharged by the operator to the Unincorporated

CAIRN ENERGY HYDROCARBON LTD. ,GURGAON vs. DCIT, INTL. TAXATION, CIRCLE, GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

B read with section 40a(i) and 40a(ia) of the Income Tax Act, 1961 and these expenses were also found unascertainable & unverifiable by the assessing officer. 2. Whether, on the facts and in the circumstances of the case, the Ld. CIT(A] has erred in allowing the total time cost and expenses recharged by the operator to the Unincorporated

DDIT, NEW DELHI vs. M/S. CAIRN ENERGY HYDROCARBONS LTD., GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

B read with section 40a(i) and 40a(ia) of the Income Tax Act, 1961 and these expenses were also found unascertainable & unverifiable by the assessing officer. 2. Whether, on the facts and in the circumstances of the case, the Ld. CIT(A] has erred in allowing the total time cost and expenses recharged by the operator to the Unincorporated

DCIT, INTL. TAXATION, CIRCLE, GURGAON vs. CAIRN ENERGY HYDROCARBON LTD. , GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

B read with section 40a(i) and 40a(ia) of the Income Tax Act, 1961 and these expenses were also found unascertainable & unverifiable by the assessing officer. 2. Whether, on the facts and in the circumstances of the case, the Ld. CIT(A] has erred in allowing the total time cost and expenses recharged by the operator to the Unincorporated

M/S. T & T MOTORS LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

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

Bench: Shrik. Narasimha Chary & Shri O. P. Meena

40A(2)(b) are not attracted. We further notice that the assessee has been paying interest @10% to other related concerns/persons i.e. M/s. Gyan Enterprise Pvt. Ltd. as reflected in the table given at Page No. 9 of assessment order and interest @11% to M/s. AAB Enterprise and M/s. Beacon Sales Pvt. Ltd. as reflected at Page

HERO MOTO CORP LTD.,NEW DELHI vs. NEAC, DELHI

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

40A(2) of the Act. 7.3 Without Prejudice, that the assessing officer erred on facts and in law in disallowing j purchases to the extent of Rs. 23.52 crores, with respect to purchases from aforesaid? related parties (in terms of AS-18) for which no comparable instance supporting the allegation of excessive payment, was available, on pure estimate basis

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

section 10 of the Act that where a reference,\nunder the first proviso to sub-section (3) of section 143, has been made on or before\nthe 31st March, 2022 by the Assessing Officer for the contravention of certain\nprovisions of clause (23C) of section 10 of the Act, such references shall be dealt with\nin the manner provided under

DCIT, NEW DELHI vs. M/S OZONE PHARMACEUTICALS LTD.,, NEW DELHI

In the result, the appeals of assessee are allowed for statistical purposes and those of Revenue are partly allowed for statistical purposes

Bench: : Shri Amit Shukla & Shri L.P. Sahu

depreciation claimed @ 60% by the assessee on computer UPS. This issue stand already decided by Hon’ble Jurisdictional High Court in the case CIT vs. BSES Rajdhani Powers Ltd. dated 31.08.2010 in ITA No. 1266/2010. Respectfully following the decision of Hon’ble Court, we do not find any justification to interfere with the order of ld. CIT(A) on this

M/S. OZONE PHARMACEUTICAL LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeals of assessee are allowed for statistical purposes and those of Revenue are partly allowed for statistical purposes

Bench: : Shri Amit Shukla & Shri L.P. Sahu

depreciation claimed @ 60% by the assessee on computer UPS. This issue stand already decided by Hon’ble Jurisdictional High Court in the case CIT vs. BSES Rajdhani Powers Ltd. dated 31.08.2010 in ITA No. 1266/2010. Respectfully following the decision of Hon’ble Court, we do not find any justification to interfere with the order of ld. CIT(A) on this

M/S. OZONE PHARMACEUTICAL LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of assessee are allowed for statistical purposes and those of Revenue are partly allowed for statistical purposes

Bench: : Shri Amit Shukla & Shri L.P. Sahu

depreciation claimed @ 60% by the assessee on computer UPS. This issue stand already decided by Hon’ble Jurisdictional High Court in the case CIT vs. BSES Rajdhani Powers Ltd. dated 31.08.2010 in ITA No. 1266/2010. Respectfully following the decision of Hon’ble Court, we do not find any justification to interfere with the order of ld. CIT(A) on this