DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2010-11] Maruti Suzuki India Ltd., Vs Dcit, Plot No.1, Nelson Mandela Road, Circle-16(1), Vasant Kunj, New Delhi-110070. New Delhi. Pan-Aaacm0829Q Appellant Respondent [Assessment Year : 2010-11] Dcit, Vs Maruti Suzuki India Ltd., Circle-16(1), Plot No.1, Nelson Mandela Road, New Delhi. Vasant Kunj, New Delhi-110070. Pan-Aaacm0829Q Appellant Respondent Appellant By Shri Ajay Vohra, Sr.Adv., Shri Neeraj Jain, Adv. & Ms. Tejasvi Jain & Ms. Somya Jain, Ca Respondent By Shri G.C.Srivastava, Adv., Shri Kalrav Mehrotra, Adv. & Shri Mayank Patawari, Ca Date Of Hearing 11.11.2022 Date Of Pronouncement 09.02.2023

disallowance made by the assessee u/s 43B of the Act was denied by the AO. The AO computed the disallowance out of R&D cess amounting to Rs.33.89 crores. Ld. Counsel for the assessee submitted that at the outset, it may be noted that as per the provision of Land Research and Development, cess is imposed on import of technology

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

SECTION 45, READ WITH SECTION 28(i), OF THE INCOME-TAX ACT, 1961 - CAPITAL GAINS, CHARGEABLE AS - ISSUE OF TAXABILITY OF SURPLUS ON SALE OF SHARES AND SECURITIES - CAPITAL GAINS OR BUSINESS INCOME - INSTRUCTIONS IN ORDER TO REDUCE LITIGATION CIRCULAR NO.6/2016 [F.NO.225/12/2016-ITA-II], DATED 29-2-2016 1. Sub-section (14) of section 2 of the Income

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

SECTION 45, READ WITH SECTION 28(i), OF THE INCOME-TAX ACT, 1961 - CAPITAL GAINS, CHARGEABLE AS - ISSUE OF TAXABILITY OF SURPLUS ON SALE OF SHARES AND SECURITIES - CAPITAL GAINS OR BUSINESS INCOME - INSTRUCTIONS IN ORDER TO REDUCE LITIGATION CIRCULAR NO.6/2016 [F.NO.225/12/2016-ITA-II], DATED 29-2-2016 1. Sub-section (14) of section 2 of the Income

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

disallowed. We do not think that the language of Sub-section (5) of Section 40A of the Act provides for or permits such a course. Sub-section (5) applies where an assessee claims a certain deduction saying that he has spent that money in providing, directly or indirectly, either as salary to an employee or in the provision of perquisite

AYESA INGENIERIA Y ARQUITECTURA S.A.,NOIDA vs. ACIT INTL. TAXATION, GURGAON

In the result, appeal of the assessee is allowed

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

disallowance under section 40(a)(ia) of the Act is concerned, this Court finds that there is no dispute that the Assessee has deducted tax at source under section 192

AYESA INGENIERIA Y ARQUITECTURA S.A.,NOIDA vs. ACIT INTL. TAXATION, GURGAON

In the result, appeal of the assessee is allowed

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

disallowance under section 40(a)(ia) of the Act is concerned, this Court finds that there is no dispute that the Assessee has deducted tax at source under section 192

M/S MARUTI SUZUKI INDIA LTD.,,NEW DELHI vs. DCIT, NEW DELHI

disallowance of purchases of\nRs.238,20,87,484/- on account of non-deduction of tax from payments made to M/s\nSuzuki Motor Corporation (SMC), ld. AR of the assessee submitted as under :-\n“The assessee, had during the year under consideration, relevant to AY 2011-\n12, made payment aggregating to Rs.2382.08 crores to SMC on account of\npurchase of goods

DEV BHUMI DOLD CHAIN PVT. LTD,DELHI vs. DCIT CIRCLE-7(1), NEW DELHI

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

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

section 194C of the Act did not get attracted here. The Ld. AR placed reliance reads as under: - i. Bhagyanagar Gas Ltd. 140 I.T.D. page 591 (Hydt.) ii. Gujrat Narmada Valley Fertilisers Co. Ltd. 361 ITR 192 (Guj.) iii. Dhaanya Seeds Pvt. Ltd. in (2014) 42 Taxman.com 277 (Banglore) 6. The next issue is in respect of the disallowance

DCIT, CIRCLE-4(2), NEW DELHI vs. CAMPUS EAI INDIA PVT. LTD., NEW DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2017-18

192 one finds that it imposes statutory obligation on the payer to deduct TAS when he pays any income "chargeable under the head 'Salaries". Similarly, Section 195 imposes a statutory obligation on any person responsible for paying to a non- resident any sum "chargeable under the provisions of the Act", which expression, as stated above, does not find place

DCIT CIRCLE-25(2), NEW DELHI vs. TRANSCEND INFRASTRUCTURE PVT. LTD., GURGAON

In the result, appeal of the Revenue is dismissed

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmadcit Vs. Transcend Infrastructure Circle – 25(2) Pvt. Ltd. New Delhi - 110002 Plot No. B-15, Ff, Sec-32, Gurgaon-122 001 Pan No. Aacct 7115 Q (Appellant) (Respondent)

disallowance of the said expenditure u/s. 14A would follow. The same therefore is only a continuation of Circular 14 of 2001, taking the premise of section 14A to its logical conclusion. The purpose of these Circulars and the legislative intent is to apply the basic principle of taxation, i.e., that it is only the net income - taxable or non-taxable

DCIT, NEW DELHI vs. M/S. R.J. CORP LTD., NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

disallowance of the said expenditure u/s. 14A would follow. The same therefore is only a continuation of Circular 14 of 2001, taking the premise of section 14A to its logical conclusion. The purpose of these Circulars and the legislative intent is to apply the basic principle of taxation, i.e., that it is only the net income - taxable or non-taxable

M/S. RJ CORP LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

disallowance of the said expenditure u/s. 14A would follow. The same therefore is only a continuation of Circular 14 of 2001, taking the premise of section 14A to its logical conclusion. The purpose of these Circulars and the legislative intent is to apply the basic principle of taxation, i.e., that it is only the net income - taxable or non-taxable

M/S. RJ CORP LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

disallowance of the said expenditure u/s. 14A would follow. The same therefore is only a continuation of Circular 14 of 2001, taking the premise of section 14A to its logical conclusion. The purpose of these Circulars and the legislative intent is to apply the basic principle of taxation, i.e., that it is only the net income - taxable or non-taxable

DCIT, NEW DELHI vs. M/S. R.J. CORP LTD., NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

disallowance of the said expenditure u/s. 14A would follow. The same therefore is only a continuation of Circular 14 of 2001, taking the premise of section 14A to its logical conclusion. The purpose of these Circulars and the legislative intent is to apply the basic principle of taxation, i.e., that it is only the net income - taxable or non-taxable

DCIT, NEW DELHI vs. INDOFIL INDUSTRIES LTD., ANDHERI EAST, MUMBAI

In the result, appeal of Revenue is dismissed

Bench: Shri G. S. Pannu & Ms. Madhumita Royi.T.A. No. 3941/Del/2023 (Assessment Year : 2021-22) Dcit Vs. Indofil Industrial Ltd. 4Th Floor, Kalpataru Square, Central Circle – 14 New Delhi Kondivita Road, Andheri East, Mumbai – 400 059 Pan: Aabci 4568 D (Appellant) .. (Respondent)

disallowing the amount of Rs.3,53,55,420/- under Section 40(a)(ia) of the Act on the pretext that the tax was not deducted on payment of commission to the directors as per Section 194H of the Act. On the other hand the appellant has considered this payment as salary and deducted TDS on the same under Section 192

THOMSON PRESS (INDIA) LTD.,NEW DELHI vs. ADDL. CIT, SPL. RANGE- 9, NEW DELHI

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

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraassessment Year: 2013-14

Section 43B w.e.f 01.04.2002 and stating that the decision (supra) of Hon’ble Calcutta High Court has since been stayed by the Hon’ble Supreme Court, the Ld. AO added unpaid balance of Rs. 89,79,704/- (Rs. 1,81,96,210/- - Rs. 92,16,506/-) to the income of the assessee. 12.1 On appeal, the Ld. CIT(A) maintained

ITO, NEW DELHI vs. M/S ANSAL HOUSING & CONSTRUCTION LTD., NEW DELHI

In the result, the cross-objection filed by the assessee is dismissed

Bench: Shri G.S.Pannu & Shri Kul Bharat[Assessment Year : 2007-08] Dcit, Vs Ansal Housing & Construction Ltd., Central Circle-20, Ugf-15, Indraprastha Building, 21, New Delhi. Barakhamba Road, New Delhi. Pan-Aaaca0377R Appellant Respondent

disallowance under section 14A of the Act was made in respect thereof in preceding assessment years. It is pertinent to note that the opening investments stood at Rs. 13.45 crores and the opening reserves stood at Rs.80.02, which were sufficient for making investment in the securities wherefrom the assessee has earned tax exempt income. Reliance in this regard is placed

ERNST AND YOUNG U.S. LLP,UNITED STATES vs. ACIT, CIRCLE INTERNATIONAL TAX 1(2)(2), NEW DELHI, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumar, Ms. Madhumita Roy

disallowance under Section 40(a)(ia) of the Act is concerned, this Court finds that there is no dispute that the assessee has deducted tax at source under Section 192