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

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

disallowing claim of deduction under section 80IC to the extent of Rs.2,20,89,180 by reducing profits of the eligible undertaking by making transfer pricing adjustment on inter-unit transfer price of goods procured by the eligible unit from non-eligible unit during the relevant previous year. 2.1 That the assessing officer/ TPO erred on facts

PR.COMMISSIONER OF INCOME TAX-2, vs. SINOSTEEL INDIA PVT. LTD.

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

disallowed in computing the total income under sub-section(4) of section 92C, then, the amount so added or disallowed

DCIT CIRCLE-10(1), NEW DELHI vs. HTC INDIA PVT LTD, GURGAON

In the result, the appeal of the Revenue is dismissed

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

disallowed in computing the total income under sub-section (4) of section 92C, then, the amount so added or disallowed

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

ACIT, CIRCLE-18(2), NEW DELHI vs. NIIT TECHNOLOGIES LTD.,, NEW DELHI

Appeal is allowed for statistical

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

disallowance u/s 14A of the Act made while calculating Book Profit u/s 115JB of the Act by ignoring the fact that clause (f) of Explanation 1 to section 115JB(2) of the Act, introduced by Finance Act 2006 is applicable to the assessee for the year under consideration ? 5. The appellant craves leave for reserving the right to amend, modify

ACIT, CIRCLE-18(2), NEW DELHI vs. NIIT TECHNOLOGIES LTD.,, NEW DELHI

Appeal is allowed for statistical

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

disallowance u/s 14A of the Act made while calculating Book Profit u/s 115JB of the Act by ignoring the fact that clause (f) of Explanation 1 to section 115JB(2) of the Act, introduced by Finance Act 2006 is applicable to the assessee for the year under consideration ? 5. The appellant craves leave for reserving the right to amend, modify

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, CIRCLE-18(2), NEW DELHI

Appeal is allowed for statistical

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

disallowance u/s 14A of the Act made while calculating Book Profit u/s 115JB of the Act by ignoring the fact that clause (f) of Explanation 1 to section 115JB(2) of the Act, introduced by Finance Act 2006 is applicable to the assessee for the year under consideration ? 5. The appellant craves leave for reserving the right to amend, modify

NIIT TECHNOLOGIES LTD.,,NEW DELHI vs. ACIT, CIRCLE-18(2), NEW DELHI

Appeal is allowed for statistical

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

disallowance u/s 14A of the Act made while calculating Book Profit u/s 115JB of the Act by ignoring the fact that clause (f) of Explanation 1 to section 115JB(2) of the Act, introduced by Finance Act 2006 is applicable to the assessee for the year under consideration ? 5. The appellant craves leave for reserving the right to amend, modify

HEADSTRONG SERVICES INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2008-09

92C(4), we are more inclined to go with the view of the Special Bench. 26.5. It is, therefore, held that the eligibility of the assessee to deduction u/s 10A of the Act does not operate as a bar for determining 47 the ALP of international transaction undertaken by it and further the enhancement of income due to such transfer

M/S. HONDA SIEL POWER PRODUCTS LTD.,GAUTAM BUDH NAGAR vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee-company are partly allowed for statistical purposes

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

disallowing export commission paid to M/s Honda Motor Co. Ltd. of Japan of Rs.4,32,49,149 invoking section 40 (a) (i) of the Act holding the same to be royalty/fee for technical service on which allegedly the assessee had failed to deduct tax at source as per section 195 of the Act. 6.1. That the assessing officer erred

M/S. GAP INTERNATIONAL SOURCING (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Smt Diva Singh & Sh.Prashant Maharishi

disallowed in computing the total income under sub-section (4) of section 92C, then, the amount so added or disallowed

M/S. MITSUI & CO. INDIA PVT LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeals are partly allowed and

Bench: Shri S.V.Mehrotrashri Kuldip Singhmitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 6 (1), District Centre Saket, New Delhi. New Delhi (Pan :Aadcm4488J) Mitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 16(2), District Centre Saket, New Delhi New Delhi. (Pan :Aadcm4488J) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate, Sh. Ashu Goel, Ca & Shri Ashish, Ca Revenue By : Shri Amrendra Kumar, Cit, Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement : 25.04.2016

92C (2); that TPO/DRP/AO has erred in disallowing an amount of Rs. 18,73,472/- u/s 14A of the Act and disallowing an amount of Rs. 1,111,510/- on account of prior period expenditure; that TPO/DRP/AO has also erred in disallowing an amount of Rs. 2,29,831/- by invoking the provision of section

MITSUI & CO INDIA PVT. LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

Appeals are partly allowed and

Bench: Shri S.V.Mehrotrashri Kuldip Singhmitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 6 (1), District Centre Saket, New Delhi. New Delhi (Pan :Aadcm4488J) Mitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 16(2), District Centre Saket, New Delhi New Delhi. (Pan :Aadcm4488J) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate, Sh. Ashu Goel, Ca & Shri Ashish, Ca Revenue By : Shri Amrendra Kumar, Cit, Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement : 25.04.2016

92C (2); that TPO/DRP/AO has erred in disallowing an amount of Rs. 18,73,472/- u/s 14A of the Act and disallowing an amount of Rs. 1,111,510/- on account of prior period expenditure; that TPO/DRP/AO has also erred in disallowing an amount of Rs. 2,29,831/- by invoking the provision of section

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

disallowance would be required in view of no liability of deducting tax at source on trade discounts. It is needless to mention that the assessee shall be afforded adequate opportunity of being heard on the issue in dispute. The additional ground raised by the assessee is accordingly allowed for statistical purposes. 5.7 In the result, the recalled matter

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

disallowance would be required in view of no liability of deducting tax at source on trade discounts. It is needless to mention that the assessee shall be afforded adequate opportunity of being heard on the issue in dispute. The additional ground raised by the assessee is accordingly allowed for statistical purposes. 5.7 In the result, the recalled matter

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

disallowance would be required in view of no liability of deducting tax at source on trade discounts. It is needless to mention that the assessee shall be afforded adequate opportunity of being heard on the issue in dispute. The additional ground raised by the assessee is accordingly allowed for statistical purposes. 5.7 In the result, the recalled matter

M/S. GAP INTERNATIONAL SOURCING (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Smt Diva Singh & Sh.Prashant Maharishi

disallowed in computing the total income under sub-section (4) of section 92C, then, the amount so added or disallowed

DCIT, NEW DELHI vs. M/S JSL LTD.,, HISAR

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

section 92C(2) of the Act. 3. That the Commissioner of Income Tax (Appeals) erred on facts and in law in sustaining addition of Rs. 70,95,787 on account of the alleged difference in the arm‘s length price of international transactions of interest charged on loan given to the associated enterprise, PT Jindal Indonesia by applying the interest