DCIT, NEW DELHI vs. M/S. NEW DELHI TELEVISION LTD., NEW DELHI

Bench: Shri H. S. Sidhu & Shri Prashant Maharishinew Delhi Television Ltd, Vs. Acit, 207, Okhla Industrial Estate, Phase- Circle-13(1), Iii, New Delhi New Delhi Pan: Aaacn0865D (Appellant) (Respondent) Acit, Vs. New Delhi Television Ltd, Circle-13(1), 207, Okhla Industrial Estate, New Delhi Phase-Iii, New Delhi Pan: Aaacn0865D (Appellant) (Respondent)

92C(2) of the Act. 5. That on facts and in law and in law the CIT(A) has erred in upholding the action of I AO in making a disallowance of Rs. 8,96,000/- by invoking provisions of section 14A of the Act. 5.1 That on facts and in law in absence of a valid satisfaction being recorded

CANON INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

Appeal is dismissed

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

92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination of the arm’s length

DCIT, NEW DELHI vs. M/S. CANON INDIA PVT. LTD., GURGAON

Appeal is dismissed

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

92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination of the arm’s length

DCIT, NEW DELHI vs. M/S. CANON INDIA PVT. LTD., GURGAON

Appeal is dismissed

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

92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination of the arm’s length

CANON INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

Appeal is dismissed

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

92C(2) of the Act. 11. That on the facts and in the circumstances of the case and in law, the AO / DRP / TPO has erred by ignoring the provisions of Rule 10B(3) of the Rules and judicial pronouncements, which advocate usage of multiple year data of comparable companies for the purpose of determination of the arm’s length

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

2. Active Active Directory (AD) is a Microsoft Directory technology which provides various network services like Authentication, windows client management, DNS Software security, server maintenance, authentication of servers. HQ provides support & hosting for AD. AD is used by businesses globally and has about 130 Domain Controllers (Servers which host AD database). There are some Domain Controllers, software and supporting servers

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

In the result ground, no

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

2. Active Active Directory (AD) is a Microsoft Directory technology which provides various network services like Authentication, windows client management, DNS Software security, server maintenance, authentication of servers. HQ provides support & hosting for AD. AD is used by businesses globally and has about 130 Domain Controllers (Servers which host AD database). There are some Domain Controllers, software and supporting servers

HEADSTRONG SERVICES INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2008-09

2), the ALP in relation to the international transaction shall be determined as under : - `(e) transactional net margin method, by which,— (i) the net profit margin realised by the enterprise from an international transaction entered into with an associated 11 enterprise is computed in relation to costs incurred or sales effected or assets employed or to be employed

HEWITT ASSOCIATES (INDIA) PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

In the result, the appeal of the assesee is treated as allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandraasstt. Year : 2007-08

92C (2) of the Act, while determining the arm's length price of the international transactions of the Appellant. 2.13 By not appreciating that there was no intention whatsoever on the part of the Appellant to shift profits outside India by under-reporting revenue since the Appellant was eligible to claim 100 percent of such profits as tax exemption under

M/S. HONDA SIEL POWER PRODUCTS LTD.,GAUTAM BUDH NAGAR vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee-company are partly allowed for statistical purposes

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

2) of the Income-tax Rules, 1962 read with section 92C of the Act. 3.20 That the assessing officer/TPO erred on facts and in law in failing to appreciate that the appellant has long-term rights to use the trademark/ licensed intangibles and reaps all the benefits of the said AMP expenses and is thus the economic owner

TRL RICELAND PVT. LTD.,(FORMERLY KNOWN AS M/S TILDA RICELAND P.LTD.),NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 9, NEW DELHI

In the result, the appeal of the assessee is allowed partly for the statistical purposes

Bench: Shri O.P. Kant & Shri. K. N. Chary[Through Video Conferencing] Assessment Year: 2014-15

92C(2) of the Act. The Rules in this respect read as under :- “Rule 10 C (1) of the rules defines the most appropriate method. The most appropriate method shall be the method, which is best, suited' to the facts and circumstances of the each particular international transaction, and which provides the most reliable measure of an arm's length

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

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

depreciation of Rs. 19,11,47,917 on „leasehold rights‟ in land under section 32(1 )(ii) of the Act can even otherwise be allowed as additional ground by the Hon‟ble Tribunal. Re: Deduction of education cess on income tax 22. That the assessing officer/ Hon‟ble Dispute Resolution Panel („DRP‟) erred on facts

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

The appeal of the assessee is allowed

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

2) of the Act, read with Rule 10D of the Income-tax Rules, 1962 (“Rules”). 3.3 That on the facts and circumstances of the case and in law, the AO / TPO have not appreciated the business model, functional, asset and risk profile of the Appellant and have further erred in not accepting the economic analysis undertaken by the Appellant

EDAG ENGINEERING & DESIGN INDIA PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal is allowed

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

92C(2) of the Act. C. The Assessing officer has erred as per law by making the aforesaid additions under the head "income from other sources" whereas the same should be assessed under the head "income from business & profession" as per the provisions of the Act. Ground No. 2 The Assessing officer has grossly erred

DCIT (LTU), NEW DELHI vs. M/S WHIRLPOOL OF INDIA LTD., HARYANA

Accordingly, the penalty in this respect is upheld and grounds raised by the Assessee in Cross objection on this issue is dismissed

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

section 92C(2) of the Income-tax Act, 196’ “the Act”) while computing the alleged difference in the arm’s length price of the international transactions. (ITA NO. 2094/Del/2010) 1. That on the facts and circumstances of the case and in law, Ld. CIT (A) has erred in restricting adjustment on account of arms length operating profit margin

WHIRLPOOL OF INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

Accordingly, the penalty in this respect is upheld and grounds raised by the Assessee in Cross objection on this issue is dismissed

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

section 92C(2) of the Income-tax Act, 196’ “the Act”) while computing the alleged difference in the arm’s length price of the international transactions. (ITA NO. 2094/Del/2010) 1. That on the facts and circumstances of the case and in law, Ld. CIT (A) has erred in restricting adjustment on account of arms length operating profit margin

ACIT, NEW DELHI vs. M/S. WHIRLPOOL OF INDIA LTD., GURGAON

Accordingly, the penalty in this respect is upheld and grounds raised by the Assessee in Cross objection on this issue is dismissed

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

section 92C(2) of the Income-tax Act, 196’ “the Act”) while computing the alleged difference in the arm’s length price of the international transactions. (ITA NO. 2094/Del/2010) 1. That on the facts and circumstances of the case and in law, Ld. CIT (A) has erred in restricting adjustment on account of arms length operating profit margin

DCIT, GURGAON vs. M/S. HI- LEX INDIA PVT. LTD., GURGAON

In the result, both the appeals are allowed for statistical purposes

Bench: Shri R.S. Syal & Shri Kuldip Singhassessment Year : 2005-06

2,52,10,742 Difference Book value of raw material purchased from AE 5,77,65,870 ALP of raw material purchased from AE 4,65,32,510” 5. It can be seen from the above working that the TPO started with the Operating income of the assessee at Rs.32.57 crore, which is the amount of Gross receipts

M/S. HI-LEX INDIA PRIVATE LIMITED,GURGAON vs. ACIT, GURGAON

In the result, both the appeals are allowed for statistical purposes

Bench: Shri R.S. Syal & Shri Kuldip Singhassessment Year : 2005-06

2,52,10,742 Difference Book value of raw material purchased from AE 5,77,65,870 ALP of raw material purchased from AE 4,65,32,510” 5. It can be seen from the above working that the TPO started with the Operating income of the assessee at Rs.32.57 crore, which is the amount of Gross receipts