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

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

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

HERO MOTOCORP LTD.,,NEW DELHI vs. ADDL.CIT, RANGE-11, NEW DELHI

In the result ground No

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

7 2.40 crores made from the parties who are related parties in terms of accounting standard 18 issued by the section 40A (2) of the income tax act. In the result ground No. 11 of the appeal of the assessee is allowed.” The purchase prices of components which are purchased from various suppliers are based upon negotiations with such vendors

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

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

40a(ia) for alleged failure to deduct TDS u/s 194C of the Act amounting to Rs. 5063.08 crores, it can be seen that in the course of business of manufacturing two wheelers, the assessee places purchase orders on vendors of certain customized intermediary products like wheel assembly, seat assembly, etc. While placing the aforesaid purchase orders to the vendors

COMMISSIONER OF INCOME TAX DELHI VI vs. TRIVENI ENGINEERING & INDUSTRIES LTD.

Appeals are disposed of accordingly

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MS. JUSTICE REVA KHETRAPAL

Section 40A (7) (a) which disallows deduction of any provision of gratuity to employees on their retirement is itself ITA 235/2008,ITA 266/2009,ITA 258/2009,ITA 236/2008, ITA 280/2008 Page 4 of 17 made subject to Section40A (7) (b) which allows such deduction as long as it is made towards an approved gratuity fund. There is no dispute that

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:

section 40A(2)(b) of the Act and decide the issue afresh in accordance with law. The grounds no. 3 to 3.1 (wrongly mentioned as 2.3 in the grounds of appeal) are accordingly allowed for statistical purposes. 6. As far as ground no. 4 is concerned, the assessee has raised the issue relating to not taking on record Memorandum

COMMISSIONER OF INCOME TAX DELHI VI vs. TRIVENI ENGINEERING & INDUSTRIES LTD.

Appeals are disposed of accordingly

Section 40A (7) (a) which disallows deduction of any provision of gratuity to employees on their retirement is itself  made subject to Section40A (7) (b) which allows such deduction as long as it is made towards an approved gratuity fund. There is no dispute that in the instant case the provision made is towards contribution to an approved gratuity

COMMISSIONER OF INCOME TAX DELHI vs. TRIVENI ENGINEERING & INDUSTRIES LTD.

Appeals are disposed of accordingly

Section 40A (7) (a) which disallows deduction of any provision of gratuity to employees on their retirement is itself  made subject to Section40A (7) (b) which allows such deduction as long as it is made towards an approved gratuity fund. There is no dispute that in the instant case the provision made is towards contribution to an approved gratuity

COMMISSIONER OF INCOME TAX DELHI VI vs. TRIVENI ENGINEERING & INDUSTRIES LTD.

Appeals are disposed of accordingly

Section 40A (7) (a) which disallows deduction of any provision of gratuity to employees on their retirement is itself  made subject to Section40A (7) (b) which allows such deduction as long as it is made towards an approved gratuity fund. There is no dispute that in the instant case the provision made is towards contribution to an approved gratuity

COMMISSIONER OF INCOME TAX DELHI VI vs. TRIVENI ENGINEERING & INDUSTRIES LTD.

Appeals are disposed of accordingly

Section 40A (7) (a) which disallows deduction of any provision of gratuity to employees on their retirement is itself  made subject to Section40A (7) (b) which allows such deduction as long as it is made towards an approved gratuity fund. There is no dispute that in the instant case the provision made is towards contribution to an approved gratuity

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

STEEL CITY BEVERAGES LIMITED,NEW DELHI vs. ITO,WARD-24(1), NEW DELHI

In the result the appeal of the assessee ispartly allowed for statistical purpose

Bench: Sh.M. Balaganesh & Sh. Sudhir Kumarassessment Year: 2018-19 Steel City Beverages Vs Ito Limited, C/O Advocate Ward- 24 (1) Kanika Jain D-80, Lgf New Delhi Panchsheel New Delhi - 1110017 Pan No.Aaccs3967M (Appellant) (Respondent)

40A of the Act amounting to Rs.57,83,824/-. 3. The Ld. CIT(A) has grossly erred in upholding the addition/ adjustment made by the CPC / AO for an amount of Rs.11,18,470/- under Section 36 (1) (va). The brief facts of the case are that theassessee is a private 3. limited company incorporated under the companies

J.D. WINES,GURGAON vs. ADDL. CIT, GURGAON

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

section as per proviso to Sec 40A(3). (b) Without prejudice to above the appellant disputes that the quantum of addition confirmed is on higher side. 4.(a) That the ld CIT(A) is not justified in dismissing the ground of appeal regarding disallowance of depreciation of Rs.71850/- on Motor Lorry due to difference in cost price amounting to Rs.239500

DCIT, NEW DELHI vs. M/S DHARAMPAL SATYAPAL LTD.,, DELHI

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

7. Second ground of appeal is with respect to disallowance u/s 40A (3) of The Act amounting to Rs 33,90,712/–. learned assessing officer noted that special auditor has reported that expenses aggregating to INR 33,90,712/– have been made in violation of provisions of section 40A (3) of The Act. In submission of assessee, there

DCIT, NEW DELHI vs. M/S CORNELL OVERSEAS PRIVATE LTD., NEW DELHI

In the result, the appeal filed by the Revenue is dismissed and the CO filed by the assessee is partly allowed for statistical purposes

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2004-05 Dcit, Vs Cornell Overseas Private Ltd., Circle-3(1), B-235, Okhla Industrial Area, New Delhi,. Phase-I, New Delhi. Pan: Aaacc0034F Co No.217/Del/2011 (Ita No.2395/Del/2011) Assessment Year: 2004-05 Cornell Overseas Private Ltd., Vs Dcit, B-235, Okhla Industrial Area, . Circle-3(1), Phase-I, New Delhi. New Delhi. Pan: Aaacc0034F (Appellant/Cross Objector) (Respondent) Assessee By : Ms Vandana Bhandari, Advocate Revenue By : Shri Sandeep Kumar Mishra, Sr. Dr Date Of Hearing : 22.05.2019 Date Of Pronouncement : 31.07.2019 Order Per R.K. Panda, Am: The Appeal Filed By The Revenue Is Directed Against The Order Of The Cit(A)- 20, New Delhi Relating To Assessment Year 2004-05. The Assessee Has Also Filed Co No.217/Del/2011 Cross Objections Against The Appeal Filed By The Revenue. For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common

7 CO No.217/Del/2011 agreement, the assessee is under obligation to prepare and submit to the associated enterprise designs for prior written approval in the form of products to be manufactured, sold or distributed which shall include approval of workmanship material, fabric and colours. The TPO noted that the design of the product manufactured is provided by the AE, the details

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

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganesh

b) no order making an assessment of the total income or loss of such fund or institution or trust or any university or other educational institution or any hospital or other medical institution shall be made by him without giving effect to the order passed by the Principal Commissioner or Commissioner under clause (ii) or (iii) of the fifteenth proviso