HERO MOTOCORP LIMITED,NEW DELHI vs. JCIT, NEW DELHI

In the result appeal of the assessee in ITA No

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

disallowed on the ground of the same being contingent in nature. He further submitted that similar provision for increase in prices as at the end of the year was accepted and allowed in Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

disallowance, Rs. 7,79,063/-, being proportionate time-cost of designated employees making investments. This amount, according to the appellant/assessee, was duly verified and certified by its auditors. As against this, the appellant/assessee had earned income by way of dividend which was 2021:DHC:1941-DB ITA 213-215/2020 Page 17 of 33 exempt from tax, via investments

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

disallowance, Rs. 7,79,063/-, being proportionate time-cost of designated employees making investments. This amount, according to the appellant/assessee, was duly verified and certified by its auditors. As against this, the appellant/assessee had earned income by way of dividend which was 2021:DHC:1941-DB ITA 213-215/2020 Page 17 of 33 exempt from tax, via investments

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

133] , noticing the settled rules of interpretation laid down following in para 11: (SCC pp. 914-15) “11. Now it is a well-settled rule of interpretation hallowed by time and sanctified by judicial decisions that, unless the terms of a statute expressly so provide or necessarily require it, retrospective operation should not be given to a statute

TRIVENI TURBINE LTD,NOIDA vs. ACIT, CIRCLE 5(3)(1), NOIDA

In the result, the appeal of the assessee is dismissed

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay[Assessment Year: 2018-19]

disallowed the deduction claimed by the appellant holding that donations forming part of CSR expenditure is not allowable as deduction under section 80G of the Act. 4. In this regard, it is respectfully submitted that the aforesaid issue is no longer re-integra and it has been held by various Benches of the Hon’ble Tribunal in the following cases

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

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

disallowing this claim. Therefore, Ground No. 18 to 18.2 are allowed in favour of the assessee.” From the records it can be seen that the provision for the material is worked out in respect of price amendments which were already issued on 31.03.2009 which was made on the basis of actual supplied made upto the end of the year

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

133,55,97,392 + 45,30,19,192/2 excluding the investments in foreign subsidiary companies] = 44,71,541/-, calls for disallowance u/s 14A on account of administrative and management expenses. Therefore, the total disallowance u/s 14A on account of financial, administrative and management expenses works out to Rs. 82,05,031/- (44,71,541 + 37,33,490). Considering the above

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

133,55,97,392 + 45,30,19,192/2 excluding the investments in foreign subsidiary companies] = 44,71,541/-, calls for disallowance u/s 14A on account of administrative and management expenses. Therefore, the total disallowance u/s 14A on account of financial, administrative and management expenses works out to Rs. 82,05,031/- (44,71,541 + 37,33,490). Considering the above

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

133,55,97,392 + 45,30,19,192/2 excluding the investments in foreign subsidiary companies] = 44,71,541/-, calls for disallowance u/s 14A on account of administrative and management expenses. Therefore, the total disallowance u/s 14A on account of financial, administrative and management expenses works out to Rs. 82,05,031/- (44,71,541 + 37,33,490). Considering the above

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

133,55,97,392 + 45,30,19,192/2 excluding the investments in foreign subsidiary companies] = 44,71,541/-, calls for disallowance u/s 14A on account of administrative and management expenses. Therefore, the total disallowance u/s 14A on account of financial, administrative and management expenses works out to Rs. 82,05,031/- (44,71,541 + 37,33,490). Considering the above

KAPLAN INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Kaplan India Pvt. Ltd., Vs Acit, Plot No. 15, Circle-5(1), Okhla Industrial Estate-Iii, New Delhi. New Delhi-110020 (Pan: Aaics9919F) (Appellant) (Respondent) Assessee : S/Shri Nageswar Rao, Sandeep S. Karhail, Adv. Shri Parth, Adv. Department By: Shri Sandeep Kumar Mishra, Sr Dr Date Of Hearing: 23.01.2019 Date Of Pronouncement: 26.03.2019

section 133(6) and disallowance of expenditure towards Group insurance of employees. The Ld. AR submitted that the Ld. CIT (A) upheld

ACIT, NEW DELHI vs. M/S. RESURGERE MINES AND MINERALS INDIA LTD., MUMBAI

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

Bench: Shri Kuldip Singh & Shri Anadee Nath Misshra

section, as it existed at the time of filing the return, does contain a provision for disallowance of expenditure which is related to non-taxable income. Therefore, it is expected of any assessee to attempt at segregating expenditure which is related to such a claim. No attempt has been made in this behalf. However, it is also a fact that

TRIVENI ENGINEERING & INDUSTRIES LTD.,NOIDA vs. ACIT, NEW DELHI

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

Section 115JB was assessed at Rs. 5,92,24,133/- and the tax due thereon was fully adjusted against the taxes already paid by the assessee. Thus, the summary of the additions / disallowances

TRIVENI ENGINEERING & INDUSTRIES LTD.,NOIDA vs. ACIT, NEW DELHI

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

Section 115JB was assessed at Rs. 5,92,24,133/- and the tax due thereon was fully adjusted against the taxes already paid by the assessee. Thus, the summary of the additions / disallowances

TRIVENI ENGINEERING & INDUSTRIES LTD.,NOIDA vs. ACIT, NEW DELHI

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

Section 115JB was assessed at Rs. 5,92,24,133/- and the tax due thereon was fully adjusted against the taxes already paid by the assessee. Thus, the summary of the additions / disallowances

TRIVENI ENGINEERING & INDUSTRIES LTD.,NOIDA vs. ADDL. CIT, NEW DELHI

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

Section 115JB was assessed at Rs. 5,92,24,133/- and the tax due thereon was fully adjusted against the taxes already paid by the assessee. Thus, the summary of the additions / disallowances

TRIVENI ENGINEERING & INDUSTRIES LTD.,NOIDA vs. ACIT, NEW DELHI

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

Section 115JB was assessed at Rs. 5,92,24,133/- and the tax due thereon was fully adjusted against the taxes already paid by the assessee. Thus, the summary of the additions / disallowances

MUFG BANK LTD,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION) CIRCLE-2(2)(1), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Mufg Bank Ltd, Vs. Acit (International Taxation), 5Th Floor, Worldmark 2, Asset 8, Circle-2(2)(1), Aerocity, Nh-8, New Delhi New Delhi Pan: Aabct3880D (Appellant) (Respondent)

disallowing a sum of INR 2,25,21,366 under section 14A of the Act read with Rule 8D of the Income-tax Rules („Rules‟) on account of exempt interest income from PTCs earned by the Appellant. 3.2 That on the facts and in the circumstances of the case and in law, the Hon‟ble DRP and Id. AO erred