DCIT, NEW DELHI vs. M/S. PETRONET LNG LTD., NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

2 Expenditure by way of interest during the previous year which is not directly attributable to any particular income or receipt is Nil 3 Average value of Investments Investments as on 01.04.2009 5,473,174,534 Investments as on 31.03.2010 3,042,621,639 8,515,796,173 Average of above 4,257,898,087 1/2 % of above

DCIT, NEW DELHI vs. M/S. PETRONET LNG LTD., NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

2 Expenditure by way of interest during the previous year which is not directly attributable to any particular income or receipt is Nil 3 Average value of Investments Investments as on 01.04.2009 5,473,174,534 Investments as on 31.03.2010 3,042,621,639 8,515,796,173 Average of above 4,257,898,087 1/2 % of above

PETRONET LNG LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

2 Expenditure by way of interest during the previous year which is not directly attributable to any particular income or receipt is Nil 3 Average value of Investments Investments as on 01.04.2009 5,473,174,534 Investments as on 31.03.2010 3,042,621,639 8,515,796,173 Average of above 4,257,898,087 1/2 % of above

DCIT, NEW DELHI vs. M/S. PETRONET LNG LTD., NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

2 Expenditure by way of interest during the previous year which is not directly attributable to any particular income or receipt is Nil 3 Average value of Investments Investments as on 01.04.2009 5,473,174,534 Investments as on 31.03.2010 3,042,621,639 8,515,796,173 Average of above 4,257,898,087 1/2 % of above

PETRONET LNG LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastavadr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5230/Del/2015 : Asstt. Year : 2009-10 Ita No. 5231/Del/2015 : Asstt. Year : 2010-11 Ita No. 5232/Del/2015 : Asstt. Year : 2011-12 Petronet Lng Ltd., Vs Deputy Commissioner Of First Floor, World Trade Centre, Income Tax, Circle-19(2), Babar Road, Barakhamba Lane, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Ita No. 4902/Del/2015 : Asstt. Year : 2009-10 Ita No. 4903/Del/2015 : Asstt. Year : 2010-11 Ita No. 4904/Del/2015 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs Petronet Lng Ltd., Income Tax, Circle-19(2), First Floor, World Trade Centre, New Delhi Babar Road, Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacp8148D Assessee By : Sh. Vishal Kalra, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr Date Of Hearing: 27.01.2021 Date Of Pronouncement: 18.03.2021

2 Expenditure by way of interest during the previous year which is not directly attributable to any particular income or receipt is Nil 3 Average value of Investments Investments as on 01.04.2009 5,473,174,534 Investments as on 31.03.2010 3,042,621,639 8,515,796,173 Average of above 4,257,898,087 1/2 % of above

NORTH EASTERN CARRYING CORPORATION LTD.,NEW DELHI vs. ACIT, CIRCLE- 18(2), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri O.P. Kant & Shri Amarjit Singh[Through Video Conferencing] Assessment Year: 2013-14

disallowing the same, the AO relied upon the Notification no. 56/2012 dated 31.12.2012 issued under section 197A (IF) of the Act. Sub-section (IF) which was inserted in section 197A of the Act vide Finance Act, 2012 with effect from 1st July, 2012 provides as under:- "(1F) Notwithstanding anything contained in this Chapter, no deduction of tax shall be made

NATIONAL COOPERATIVE DEVELOPMENT CORPORATION,NEW DELHI vs. DCIT, CIRCLE- 17(2), NEW DELHI

In the result, appeal filed by assessee is allowed

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

2 of 14 ITA No.-4309/Del/2017. National Cooperative Development Corporation. Page 3 of 14 ITA No.-4309/Del/2017. National Cooperative Development Corporation. (B.1) Aggrieved again, the assessee has filed this present appeal in Income Tax Appellate Tribunal (“ITAT”, for short). At the time of hearing before us, the Learned Authorized Representative (“AR”, for short) of the assessee submitted that

M/S. NKC PROJECTS (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri R.K. Panda & Shri K.Narasimha Charyassessment Year: 2013-14 M/S. Nkc Projects (P) Ltd., Vs Dy. Commissioner Of Income Tax, C-3/438A, Ground Floor, Circle – 18(2), Janakpuri, New Delhi New Delhi – 110 058. Applicant Respondent

2 (28 A) of the Income Tax Act, 1961 (for short “the Act”) and therefore exemption provided under section 194A (3 (iii) (a) of the Act is not applicable to such payments, since payment for such services can be made without deduction of TDS to scheduled banks. 3. He further observed that on identical facts, addition on account of disallowance

MOET HENNESSY INDIA PVT. LTD.,MUMBAI vs. ACIT, SPECIAL RANGE-6, NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singh

disallowed by following the Notification No.56/2012 dated 31.12.2012. For ready perusal, aforesaid Notification is extracted as under :- “NOTIFICATION NO. SO 3069(E) [NO.56/2012 (F. NO.27 SECTION 197A OF THE INCOME-TAX ACT, 1961 - DEDUCTION OF TAX AT SOURCE - NO DEDUCTION IN CERTAIN CASES - SPECIFIED PAYMENT UNDER SECTION 197A(1F) NOTIFICATION NO. SO 3069(E) [NO.56/2012 (F. NO. 275/53/2012-IT(B)), DATED

M/S. MOET HENNESSY INDIA PVT. LTD.,MUMBAI vs. ACIT, SPECIAL RANGE-6, NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singh

disallowed by following the Notification No.56/2012 dated 31.12.2012. For ready perusal, aforesaid Notification is extracted as under :- “NOTIFICATION NO. SO 3069(E) [NO.56/2012 (F. NO.27 SECTION 197A OF THE INCOME-TAX ACT, 1961 - DEDUCTION OF TAX AT SOURCE - NO DEDUCTION IN CERTAIN CASES - SPECIFIED PAYMENT UNDER SECTION 197A(1F) NOTIFICATION NO. SO 3069(E) [NO.56/2012 (F. NO. 275/53/2012-IT(B)), DATED

MAYAR HEALTH RESORTS LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeal of the Revenue is partly allowed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

2,04,51,871 1,94,68,282 (offered in AY 2009-10 2009-10 3,93,89,691/- Amt. of AY 2008-09 = 1,97,81,794/- 1,94,68,282/- (offered in AY Amt. of AY 2009-10 = 2010-11) 1,96,07,897/- Total amount offered

MAYAR HEALTH RESORTS LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeal of the Revenue is partly allowed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

2,04,51,871 1,94,68,282 (offered in AY 2009-10 2009-10 3,93,89,691/- Amt. of AY 2008-09 = 1,97,81,794/- 1,94,68,282/- (offered in AY Amt. of AY 2009-10 = 2010-11) 1,96,07,897/- Total amount offered

JCIT (OSD) CIRCLE- 16(2), NEW DELHI vs. MAYAR HEALTH RESORTS PVT. LTD., NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeal of the Revenue is partly allowed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

2,04,51,871 1,94,68,282 (offered in AY 2009-10 2009-10 3,93,89,691/- Amt. of AY 2008-09 = 1,97,81,794/- 1,94,68,282/- (offered in AY Amt. of AY 2009-10 = 2010-11) 1,96,07,897/- Total amount offered

MAYAR HEALTH RESORTS LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeal of the Revenue is partly allowed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

2,04,51,871 1,94,68,282 (offered in AY 2009-10 2009-10 3,93,89,691/- Amt. of AY 2008-09 = 1,97,81,794/- 1,94,68,282/- (offered in AY Amt. of AY 2009-10 = 2010-11) 1,96,07,897/- Total amount offered

SAMEER MUTREJA,GURGAON vs. JCIT(OSD), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Mahavir Singh & Shri M. Balaganesh

197A & 197B of PBK II) clearly records that Mr. Sachin Mutreja was never a director or shareholder, and that the directors and shareholders of SALT were Hemant Dahiya, Herbert Mohan Spratt, and Abhishek Mehta. There is no accusation against Assessee. xviii. The Assessee was consultant to SALT, and it was within their domain and responsibilities to interact with Mr. Nayyar

SACHIN MUTREJA,HARYANA vs. JCIT (OSD), DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Mahavir Singh & Shri M. Balaganesh

197A & 197B of PBK II) clearly records that Mr. Sachin Mutreja was never a director or shareholder, and that the directors and shareholders of SALT were Hemant Dahiya, Herbert Mohan Spratt, and Abhishek Mehta. There is no accusation against Assessee. xviii. The Assessee was consultant to SALT, and it was within their domain and responsibilities to interact with Mr. Nayyar

SACHIN MUTREJA,HARYANA vs. JCIT(OSD), DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Mahavir Singh & Shri M. Balaganesh

197A & 197B of PBK II) clearly records that Mr. Sachin Mutreja was never a director or shareholder, and that the directors and shareholders of SALT were Hemant Dahiya, Herbert Mohan Spratt, and Abhishek Mehta. There is no accusation against Assessee. xviii. The Assessee was consultant to SALT, and it was within their domain and responsibilities to interact with Mr. Nayyar

SACHIN MUTREJA,GURGOAN vs. JOINT COMMISSIONER OF INCOME TAX (OSD), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Mahavir Singh & Shri M. Balaganesh

197A & 197B of PBK II) clearly records that Mr. Sachin Mutreja was never a director or shareholder, and that the directors and shareholders of SALT were Hemant Dahiya, Herbert Mohan Spratt, and Abhishek Mehta. There is no accusation against Assessee. xviii. The Assessee was consultant to SALT, and it was within their domain and responsibilities to interact with Mr. Nayyar

SACHIN MUTREJA,GURGOAN vs. JOINT COMMISSIONER OF INCOME TAX (OSD), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Mahavir Singh & Shri M. Balaganesh

197A & 197B of PBK II) clearly records that Mr. Sachin Mutreja was never a director or shareholder, and that the directors and shareholders of SALT were Hemant Dahiya, Herbert Mohan Spratt, and Abhishek Mehta. There is no accusation against Assessee. xviii. The Assessee was consultant to SALT, and it was within their domain and responsibilities to interact with Mr. Nayyar