M/S PEPSICO INDIA HOLDINGS PVT. LTD.,,GURGAON vs. ACIT,, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation by the in the final assessment order. (vii) In Ground No. 46, the assessee has challenged the levy of interest under section 234B of the Act and as such is consequential in nature. (viii) Ground No. 47 pertains to initiation of penalty proceedings under section 271(1)(c) of the Act and is consequential in nature

PEPSI FOODS PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation by the in the final assessment order. (vii) In Ground No. 46, the assessee has challenged the levy of interest under section 234B of the Act and as such is consequential in nature. (viii) Ground No. 47 pertains to initiation of penalty proceedings under section 271(1)(c) of the Act and is consequential in nature

M/S. PEPSI FOODS LIMITED,GURGAON vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation by the in the final assessment order. (vii) In Ground No. 46, the assessee has challenged the levy of interest under section 234B of the Act and as such is consequential in nature. (viii) Ground No. 47 pertains to initiation of penalty proceedings under section 271(1)(c) of the Act and is consequential in nature

M/S PEPSICO INDIA HOLDINGS PVT. LTD.,,GURGAON vs. ACIT,, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation by the in the final assessment order. (vii) In Ground No. 46, the assessee has challenged the levy of interest under section 234B of the Act and as such is consequential in nature. (viii) Ground No. 47 pertains to initiation of penalty proceedings under section 271(1)(c) of the Act and is consequential in nature

SAMSUNG INDIA ELECTRONICS PVT. LTD.,,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. JCIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

ACIT, NEW DELHI vs. M/S SAMSUNG INDIA ELECTRONICS LTD.,, GURGAON

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

SANSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, SPECIAL RANGE- 8 , NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

depreciation is to be allowed @60% on these items. (n) The ground relating to disallowance on account of loss arising from fluctuation of foreign currency was not pressed by the appellant as the AO had amended the assessment order dated July 24, 2009 u/s 154 to allow the claim of this loss. 13. Aggrieved by the order

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 92B of the Act with retrospective effect from 01.04.2002. Therefore, interest charged/not charged on outstanding receivables is an international transaction. The reliance was placed on the judgment of the Hon’ble Bombay High Court in the case of CIT-2, Pune Vs Patni Computers System Pvt. Ltd. reported at 215 Taxman 108 (Mum.). The reliance was also placed

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 92B of the Act with retrospective effect from 01.04.2002. Therefore, interest charged/not charged on outstanding receivables is an international transaction. The reliance was placed on the judgment of the Hon’ble Bombay High Court in the case of CIT-2, Pune Vs Patni Computers System Pvt. Ltd. reported at 215 Taxman 108 (Mum.). The reliance was also placed

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT., SPECIAL RANGE -8, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumarita No. 6813/Del/2017 : Asstt. Year : 2012-13 Samsung India Electronics Pvt. Ltd. Vs Additional Commissioner Of 20Th -24Th Floors, Dlf Two Horizon Income Tax, Special Range-8 Center, Sector-13, Gurgaon, New Delhi-110002 Haryana-122002 (Appellant) (Respondent) Pan No. Aaacs5123K Assessee By : Sh. Himanshu Sinha, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr & Date Of Hearing: 04.12.2019 Date Of Pronouncement: 07.01.2020

depreciation of Rs. 2,05,26,740. 17. That on the facts and circumstances of the case and in law, in violation of provisions of the section 144C(10) of the Act, the AO/ TPO erred in not following the direction of the DRP wherein the AO/ TPO was directed to reduce the disallowance by only considering the transactions wherein

M/S MSD PHARMACEUTICALS (P) LTD,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Ms. Sushma Chowla & Dr. B.R.R. Kumar

depreciation. Other Grounds 21. The Ld. AO/Hon’ble DRP has erred both on facts and in law in initiating the penalty under section 274 read with section 271(1)(c) of the Act. 22. The Ld. AO/Hon’ble DRP has erred both on facts and in law in charging interest under section 234C of the Act. आयकर अपील सं

CONCENTRIX DAKSH SERVICES INDIA PVT. LTD.,GURGAON vs. ACIT, CIRCLE-4(2), NEW DELHI

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

Bench: Sh. Saktijit Dey, Vice-Dr. B. R. R. Kumar

depreciation thereon at the rate of 15%. 3.2 On the facts and circumstances of the case and in law, the Hon'ble DRP/Learned AO has erred in not appreciating the fact that the expenditure incurred for purchase of indoor wireless ports was for replacement of parts of an existing asset and not for acquisition of new plant and machinery

GOODYEAR INDIA LTD.,,FARIDABAD vs. ACIT, NEW DELHI

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

92B, so as to invoke the provisions of section 92 of the Act. 4.3 That the assessing officer erred on facts and in law in not appreciating that in the absence of any understanding / arrangement between the appellant and the associated enterprise, the associated enterprise was under no obligation to reimburse the AMP expenses incurred by the appellant for sale