DCIT, NEW DELHI vs. M/S. SINDHU REALTORS PVT. LTD., NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri G.D. Agrawal & Shri A.T. Varkey

section 2(22)(e) and moreover, the lender company is a NBFC which is also excluded from the said deeming provision, therefore, we do not find any merit in this ground of appeal and we uphold the ld. CIT (A)’s order and dismiss this ground. 9. In the result, the appeal filed by the revenue is dismissed

M/S. SINDHU REALTORS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri G.D. Agrawal & Shri A.T. Varkey

section 2(22)(e) and moreover, the lender company is a NBFC which is also excluded from the said deeming provision, therefore, we do not find any merit in this ground of appeal and we uphold the ld. CIT (A)’s order and dismiss this ground. 9. In the result, the appeal filed by the revenue is dismissed

DIRECTOR OF INCOME TAX (EXEMPTION) vs. AIPECCS SOCIETY

22)/10(23C) of the Act. Accordingly, the fourth question - question D, is answered in the affirmative, against the Revenue and in favour of the Assessee. 2015:DHC:8430-DB ITA 705/2008, 924/2009 & W.P.(C) 3797/2011 Page 61 of 71 76. The next controversy that needs to be addressed relates to the Assessee’s challenge to the order dated 29th

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

Disallowance on Remaining Amount (Rs. 4,41,315):Even if the Rs. 9,72,000 is accepted as a group company payment and excluded, the balance amount (Rs. 14,13,315 - Rs. 9,72,000 = Rs. 4,41,315) does attract TDS under section 194C. The assessee claimed TDS of only Rs. 8,826 on this amount, whereas Rs. 22

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

Disallowance on Remaining Amount (Rs. 4,41,315):Even if the Rs. 9,72,000 is accepted as a group company payment and excluded, the balance amount (Rs. 14,13,315 - Rs. 9,72,000 = Rs. 4,41,315) does attract TDS under section 194C. The assessee claimed TDS of only Rs. 8,826 on this amount, whereas Rs. 22

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

Disallowance on Remaining Amount (Rs. 4,41,315):Even if the Rs. 9,72,000 is accepted as a group company payment and excluded, the balance amount (Rs. 14,13,315 - Rs. 9,72,000 = Rs. 4,41,315) does attract TDS under section 194C. The assessee claimed TDS of only Rs. 8,826 on this amount, whereas Rs. 22

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

Appeal of the Revenue is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

section 2(22)(e) of the Act since the payment (i.e. advances) were not given in the ordinary course of business? 10. Whether, on the facts and circumstances of the case the Ld. CIT(A) has erred in deleting the addition of Rs. 101,49,17,767/- on account of disallowance

DCIT, NEW DELHI vs. M/S GEN X COMMODITIES (P) LTD.,, NEW DELHI

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

Bench: Shri R.K. Panda & Shri K.N. Chary[Assessment Year: 2011-12] Dcit, M/S Gen X Commodities (P) Central Circle-29, Ltd. Room No.318, 3Rd Floor, Fa-45, Shivaji Enclave, Ara Centre, New Delhi-110027 Jhandewalan Extn. New Delhi Pan-Aaaca2969B Revenue Assessee

section 2(22)(e) of the Act made addition of Rs.91,47,56,196/- to the total income of the assessee. Thus, the AO determined the total income of the assessee at Rs.93,00,38,850/- as against the returned income 6 ITA 3561/Del/2016 of Rs.10,02,480/-. 7. In appeal, the learned CIT(A) deleted the disallowance

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

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

disallowing j purchases to the extent of Rs. 23.52 crores, with respect to purchases from aforesaid? related parties (in terms of AS-18) for which no comparable instance supporting the allegation of excessive payment, was available, on pure estimate basis. Re: Payment received on behalf of Hero Honda FinCorp. Ltd. (HFCL) deemed as dividend under section 2(22

M/S RELIGARE FINVEST LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

22,500,000 Birla Cash Plus - 850,163,307 Total 881,761,571 1,088,379,879 Average value of investments 985,070,725 0.5% of average value of investments 4,925,241 10.3 The Assessing Officer however computed the disallowance of ₹ 11,95,19,889/-in terms of section

RELIGARE FINVEST LTD,NEW DELHI vs. ADDL.CIY, RANGE-21, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

22,500,000 Birla Cash Plus - 850,163,307 Total 881,761,571 1,088,379,879 Average value of investments 985,070,725 0.5% of average value of investments 4,925,241 10.3 The Assessing Officer however computed the disallowance of ₹ 11,95,19,889/-in terms of section

ACIT,, NEW DELHI vs. M/S RELIGARE FINVEST LTD.,, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

22,500,000 Birla Cash Plus - 850,163,307 Total 881,761,571 1,088,379,879 Average value of investments 985,070,725 0.5% of average value of investments 4,925,241 10.3 The Assessing Officer however computed the disallowance of ₹ 11,95,19,889/-in terms of section

ACIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD., NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

22,500,000 Birla Cash Plus - 850,163,307 Total 881,761,571 1,088,379,879 Average value of investments 985,070,725 0.5% of average value of investments 4,925,241 10.3 The Assessing Officer however computed the disallowance of ₹ 11,95,19,889/-in terms of section

ACIT, FARIDABAD vs. M/S. BHAGWATI COAL MOVERS (P) LTD., FARIDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

disallowance of interest under Section 36(1)(iii) as well as the loan amount deemed as income of the assessee under Section 2(22

DCIT, CIRCLE- 62(1), NEW DELHI vs. RAMESH KUMAR PABBI, NEW DELHI

In the result, appeal of the Revenue is dismissed

Bench: Sh. Anil Chaturvedi & Ms. Suchitra Kamble(Through Video Conferencing) Assessment Year : 2013-14 Dcit Vs. Ramesh Kumar Pabbi Circle – 62(1), A-41, Phase-Ii, New Delhi Mayapuri Industrial Area, New Delhi-110017 Pan – Aanpp 5995 Q (Appellant) (Respondent) Assessee By Shri Sohail Malik, Sr.D.R. Revenue By Shri Lalit Mohan, Adv. Date Of Hearing: 16/03/2021 Date Of Pronouncement: 16/03/2021 Order Per Anil Chaturvedi, Am:

22) (e) of the IT Act against the assessee for making the addition. In view of the above discussion, we set aside the orders of the authorities below and delete the addition of Rs.8,23,964/-. This ground of appeal of the assessee is allowed.” 10. Before us, Learned DR has not pointed any distinguishing feature in the facts

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

22. That the assessing officer erred on facts and in law in making additional disallowance of Rs,145.62 lacs under section

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

section 40A(2)(b) of the Act. 21. That the assessing officer erred on facts and in law in disallowing expenditure of Rs. 22

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

disallowance of Rs. 1,76,16,528/- and Rs. 2,89,99,437/- respectively claimed by the assessee under section 36 (i) (viii) of the Act. The Ld. AO discussed this issue in para 5 page 30-33 of his order for AY 2013- 14 and in para 22