PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE- 19(2), NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

19 The Ld. CIT-DR relied upon the order of Ld. AO/CIT(A). 20. We have carefully considered the rival submissions and perused the records. It is not in dispute that the assessee is eligible for deduction under section 36(1)(viii) of the Act. The dispute is in a very narrow compass i.e. whether taking cognizance of timeline prescribed

ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI vs. PTC INDIA FINANCIAL SERVICES LTD, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

19 The Ld. CIT-DR relied upon the order of Ld. AO/CIT(A). 20. We have carefully considered the rival submissions and perused the records. It is not in dispute that the assessee is eligible for deduction under section 36(1)(viii) of the Act. The dispute is in a very narrow compass i.e. whether taking cognizance of timeline prescribed

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

19 The Ld. CIT-DR relied upon the order of Ld. AO/CIT(A). 20. We have carefully considered the rival submissions and perused the records. It is not in dispute that the assessee is eligible for deduction under section 36(1)(viii) of the Act. The dispute is in a very narrow compass i.e. whether taking cognizance of timeline prescribed

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

DCIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE ENTERPRISES LTD.,, NEW DELHI

In the result, revenue’s appeal is dismissed and cross-objection

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia:Assessment Year: 2014-15 Deputy Commissioner Of Vs. M/S. Religare Enterprises Income-Tax, Circle-21(1), Ltd., 2Nd Floor, Rajlok New Delhi Building, 24-Nehru Place, New Delhi-110019 Pan :Aaacv5888N (Appellant) (Respondent)

155 of CLPB II): “This court in the above case held that rule IBB shall be applicable even prior to the enforcement of the rule holding that the said rule merely provides a choice amongst well- known and well-settled modes of valuation. It was held that even in the absence of rule IBB, it would not have been objectionable

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

155 ITR 120, where it is observed if any wrong has been committed, same should not be perpetuated. The relevant observations of the Hon’ble Supreme Court are reproduced as under: ITA Nos. 5524 & 5525/Del/2013 “28. But, even if, in our view, the decision in Cloth Traders' case (supra) is erroneous, the question still remains whether we should overturn

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

155 ITR 120, where it is observed if any wrong has been committed, same should not be perpetuated. The relevant observations of the Hon’ble Supreme Court are reproduced as under: ITA Nos. 5524 & 5525/Del/2013 “28. But, even if, in our view, the decision in Cloth Traders' case (supra) is erroneous, the question still remains whether we should overturn

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

155 ITR 120, where it is observed if any wrong has been committed, same should not be perpetuated. The relevant observations of the Hon’ble Supreme Court are reproduced as under: ITA Nos. 5524 & 5525/Del/2013 “28. But, even if, in our view, the decision in Cloth Traders' case (supra) is erroneous, the question still remains whether we should overturn

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

155 ITR 120, where it is observed if any wrong has been committed, same should not be perpetuated. The relevant observations of the Hon’ble Supreme Court are reproduced as under: ITA Nos. 5524 & 5525/Del/2013 “28. But, even if, in our view, the decision in Cloth Traders' case (supra) is erroneous, the question still remains whether we should overturn

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

155 ITR 120, where it is observed if any wrong has been committed, same should not be perpetuated. The relevant observations of the Hon‟ble Supreme Court are reproduced as under: “28. But, even if, in our view, the decision in Cloth Traders' case (supra) is erroneous, the question still remains whether we should overturn it. Ordinarily, we would

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

155 ITR 120, where it is observed if any wrong has been committed, same should not be perpetuated. The relevant observations of the Hon‟ble Supreme Court are reproduced as under: “28. But, even if, in our view, the decision in Cloth Traders' case (supra) is erroneous, the question still remains whether we should overturn it. Ordinarily, we would

TECHNOLOGIES LTD) vs. ACIT

Appeals are allowed

155 ITR 120, where it is observed if any wrong has been committed, same should not be perpetuated. The relevant observations of the Hon‟ble Supreme Court are reproduced as under: “28. But, even if, in our view, the decision in Cloth Traders' case (supra) is erroneous, the question still remains whether we should overturn it. Ordinarily, we would

PERNOD RICARD INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the recalled matter of the appeal in ITA No

Bench: Shri Amit Shukla & Shri O.P. Kant

155 ITD 482 as ‘trade discount’ in the nature of sales promotion and not falling under the category of ‘commission’ within the scope of section 194H of the Act. The learned counsel 5 ITA Nos. 910 to 914/Del./2015 submitted that Hon’ble High Court of Andhra Pradesh and Telangana has upheld the above order of the Tribunal

PERNOD RICARD INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the recalled matter of the appeal in ITA No

Bench: Shri Amit Shukla & Shri O.P. Kant

155 ITD 482 as ‘trade discount’ in the nature of sales promotion and not falling under the category of ‘commission’ within the scope of section 194H of the Act. The learned counsel 5 ITA Nos. 910 to 914/Del./2015 submitted that Hon’ble High Court of Andhra Pradesh and Telangana has upheld the above order of the Tribunal

PERNOD RICARD INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the recalled matter of the appeal in ITA No

Bench: Shri Amit Shukla & Shri O.P. Kant

155 ITD 482 as ‘trade discount’ in the nature of sales promotion and not falling under the category of ‘commission’ within the scope of section 194H of the Act. The learned counsel 5 ITA Nos. 910 to 914/Del./2015 submitted that Hon’ble High Court of Andhra Pradesh and Telangana has upheld the above order of the Tribunal

DAAWAT FOODS LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, assessee’s appeal in ITA

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) & Daawat Foods Ltd., Vs. Acit, Unit No.134, 1St Floor, Central Circle – 19, Rectangle I, New Delhi Saket District Centre, Saket, New Delhi-110 017 Pan No. Aaccd 3698 N (Appellant) (Respondent) Assessee By Shri Ajay Vohra, Sr. Adv. Shri Rohit Jain, Adv. Ms. Deepashree Rao, C.A. Shri Vibhu Gupta, C.A. Revenue By Ms. Nidhi Srivastava, Cit-D.R Date Of Hearing: 17/12/2020 Date Of Pronouncement: 19/01/2021 Order Per Anil Chaturvedi, Am: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 28.03.2013 Of The Commissioner Of Income Tax (A)-Xxxiii, New Delhi Relating To Assessment Years 2007-08 & 2008-09. Ita Nos.4157 & 4158/Del/2013 Daawat Foods Ltd Vs. Acit A.Y. 2007-08 & 2008-09 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

19 31. Before us, Ld AR submitted that the intention behind the introduction of the provisions of section 40A(3) requiring the payments of expenditure by crossed cheque or bank draft was to prevent tax evasion and not to disallow deduction of genuine expenditure. In the present case he submitted that the payments which have been disallowed

DAAWAT FOODS LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, assessee’s appeal in ITA

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) & Daawat Foods Ltd., Vs. Acit, Unit No.134, 1St Floor, Central Circle – 19, Rectangle I, New Delhi Saket District Centre, Saket, New Delhi-110 017 Pan No. Aaccd 3698 N (Appellant) (Respondent) Assessee By Shri Ajay Vohra, Sr. Adv. Shri Rohit Jain, Adv. Ms. Deepashree Rao, C.A. Shri Vibhu Gupta, C.A. Revenue By Ms. Nidhi Srivastava, Cit-D.R Date Of Hearing: 17/12/2020 Date Of Pronouncement: 19/01/2021 Order Per Anil Chaturvedi, Am: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 28.03.2013 Of The Commissioner Of Income Tax (A)-Xxxiii, New Delhi Relating To Assessment Years 2007-08 & 2008-09. Ita Nos.4157 & 4158/Del/2013 Daawat Foods Ltd Vs. Acit A.Y. 2007-08 & 2008-09 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

19 31. Before us, Ld AR submitted that the intention behind the introduction of the provisions of section 40A(3) requiring the payments of expenditure by crossed cheque or bank draft was to prevent tax evasion and not to disallow deduction of genuine expenditure. In the present case he submitted that the payments which have been disallowed