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

TAPI JWIL JV,NEW DELHI vs. ITO, WARD-62(4), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 6722/Del/2018 : Asstt. Year : 2014-15 Ita No. 4873/Del/2019 : Asstt. Year : 2014-15 Tapi Jwil Jv, Vs Income Tax Officer, C/O C. S. Anand, Adv., Ward-62(4), 104, Pankaj Tower, 10, L.S.C. New Delhi Savita Vihar, Delhi-110092 (Appellant) (Respondent) Pan No. Aadat3744J Assessee By : Sh. C. S. Anand, Adv. Revenue By : Sh. Amitabh K. Sinha, Cit-Dr Date Of Hearing: 18.07.2023 Date Of Pronouncement: 16.10.2023 Order Per Dr. B. R. R. Kumar:

disallow the expenditure, moreover with the structuring of the JV provisions of Section 40A(2)(b) are not attracted in the given facts and circumstances of the instant case. 9. Reliance is being placed on the judgment of the Hon'ble Delhi High Court in CIT Vs. Oriental Structural Engineers & Ors.(374 ITR 35) wherein it was held – “dismissing

TAPI JWIL JV,NEW DELHI vs. ITO, WARD-62(4), NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 6722/Del/2018 : Asstt. Year : 2014-15 Ita No. 4873/Del/2019 : Asstt. Year : 2014-15 Tapi Jwil Jv, Vs Income Tax Officer, C/O C. S. Anand, Adv., Ward-62(4), 104, Pankaj Tower, 10, L.S.C. New Delhi Savita Vihar, Delhi-110092 (Appellant) (Respondent) Pan No. Aadat3744J Assessee By : Sh. C. S. Anand, Adv. Revenue By : Sh. Amitabh K. Sinha, Cit-Dr Date Of Hearing: 18.07.2023 Date Of Pronouncement: 16.10.2023 Order Per Dr. B. R. R. Kumar:

disallow the expenditure, moreover with the structuring of the JV provisions of Section 40A(2)(b) are not attracted in the given facts and circumstances of the instant case. 9. Reliance is being placed on the judgment of the Hon'ble Delhi High Court in CIT Vs. Oriental Structural Engineers & Ors.(374 ITR 35) wherein it was held – “dismissing

(Now known as Sony India Limited)

disallowance of expenditure but relates to determination of arm‘s length price/cost of an international transaction between the two AEs. It relates to income or receipts, and also expenses and interest but in a different context. Thus, Section 37(1) and Chapter X provisions pertain to different fields. 56. Chapter X of the Act being a specific statutory provision

NOIDA TOWERS PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE-16(1), DELHI

In the result, the appeal of the Assessee is partly allowed

sections": [ "143(3)", "144C(13)", "144B", "92CA", "144C(1)", "153", "92D", "94B", "115BAA(5)", "115BB", "234B", "234C", "270A" ], "issues": "1. Whether the transfer pricing adjustment on interest paid on NCDs is justified when the interest was already disallowed

COMPASS INDIA SUPPORT SERVICES PRIVATE LIMITED,GURGAON vs. DCIT, CIRCLE-4(2), DELHI

92D", "Rule 10B", "Rule 10D", "Section 43B", "Section 270A" ], "issues": "The core issue revolves around the transfer pricing adjustment made by the revenue authorities on account of intra-group services (IT software licenses and IT enabled services) provided by the assessee's AEs. The revenue disallowed

COMPASS INDIA SUPPORT SERVICES PRIVATE LTD. ,GURGAON vs. DCIT, CIRCLE-4(2), DELHI

Section 92D of\nthe Act read with Rule 100 of the Income-tax Rules 1962 ('the Rules'). The same\nshould be accepted.\nRejected the comparability analysis conducted by the Assessee and conducted a fresh\nsearch based on the recent cut-off date. The Assessee had conducted the\ncomparability analysis on the basis of contemporaneous data and same should be\naccepted

MAVENIR INDIA PVT. LTD. (EARLIER KNOWN AS COMVERSE NETWORK SYSTEM INDIA PVT. LTD.),GURGAON vs. DCIT, CIRCLE- 3(1), GURGOAN

In the result, the appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Anadee Nath Misshrar Assessment Year: 2016-17

92D of the Act read with Rule 10D of the Rules; 4.2. rejecting comparability analysis undertaken by the Appellant in the TP documentation and in conducting a fresh comparability analysis based on application of the additional/ revised filters in determining the ALP; 4.3. not providing the search strategy and accept-reject reasons of the fresh economic analysis conducted

S.N. EXPORTS,NEW DELHI vs. ITO WARD-4, , PANIPAT

In the result, all the appeals of Revenue are dismissed

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

92D to maintain and produce documentation as called for by the TPO. Therefore, the assessee's Instant case is a fit case for levy of penalty uls 271G for failure to furnish Information or document in respect of segmental accounts relating to transactions made with AEs and non AEs for determination of arms length price of international transactions as required

S.N. EXPORTS,NEW DELHI vs. ITO WARD-4, , PANIPAT

In the result, all the appeals of Revenue are dismissed

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

92D to maintain and produce documentation as called for by the TPO. Therefore, the assessee's Instant case is a fit case for levy of penalty uls 271G for failure to furnish Information or document in respect of segmental accounts relating to transactions made with AEs and non AEs for determination of arms length price of international transactions as required

SONY INDIA PRIVATE LIMITED,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

In the result, appeal filed by the assessee is partly allowed as indicated above and appeal filed by the revenue is dismissed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

disallowance made in the original assessment order. Copy of the all orders for the assessment year 2011-12 are enclosed in part 7. Additional ground of appeal relating to deduction of education cess (including secondary and higher education cess) of Rs.1,27,08,933 on income tax paid. Refer application for admission wherein cases deciding the issue in favour

DCIT, NEW DELHI vs. M/S. SONY INDIA PVT. LTD., NEW DELHI

In the result, appeal filed by the assessee is partly allowed as indicated above and appeal filed by the revenue is dismissed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

disallowance made in the original assessment order. Copy of the all orders for the assessment year 2011-12 are enclosed in part 7. Additional ground of appeal relating to deduction of education cess (including secondary and higher education cess) of Rs.1,27,08,933 on income tax paid. Refer application for admission wherein cases deciding the issue in favour

MOTHERSON SUMI SYSTEMS LIMITED,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2010-11

92D of the Act read with Rule 10D of the Income-tax Rules, 1962 ('Rules'); 3.2. completely disregarding the detailed and proper comparability analysis submitted by the Appellant; 3.3. comparing the returns earned by the Appellant with the return earned by investing in corporate bonds and also by applying the prime lending rate ('PLR) of State Bank of India

THE COMMISSIONER OF INCOME TAX-LTU vs. WHIRLPOOL OF INDIA LTD

disallowed both under Sections 37 and 92 of the Act “it will result in double addition to the extent of the original amount incurred for the promotion of the brand of the foreign AE de hors the mark-up”. It 2015:DHC:10430-DB ITA Nos. 610/2014 and 228/2015 Page 17 of 35 was, accordingly held that

THE COMMISSIONER OF INCOME TAX-LTU vs. WHIRLPOOL OF INDIA LTD

disallowed both under Sections 37 and 92 of the Act “it will result in double addition to the extent of the original amount incurred for the promotion of the brand of the foreign AE de hors the mark-up”. It 2015:DHC:10430-DB ITA Nos. 610/2014 and 228/2015 Page 17 of 35 was, accordingly held that

OLYMPUS MEDICAL SYSTEMS INDIA PVT. LTD.,GURUGRAM vs. DCIT, CIRCLE- 3(1), GURUGRAM

In the result, the ground of the assessee from serial No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

disallowance/ additions and in initiating penalty proceedings under section 271 (1 )(c) of the Act.” 8. The first un-numbered ground and Grounds No. 1 and 2 are too general in nature, which require no adjudication. Grounds No. 3 to 10 are with regard to whether AMP expenses incurred by the Assessee amounts to international transaction or not. The Grounds

MANPOWERGROUP SERVICES INDIA PRIVATE LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, DELHI , JHANDEWALAN EXTENSION, NEW DELHI

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

Bench: Shri Mahavir Singh & Shri Naveen Chandra

disallowing the deduction is based on considerations which were the requirements of erstwhile section before amendment. Page 16 of 33 ITA No. 3585/DEL/2024 [A.Y. 2020-21] Manpower Group Service Vs. ACIT 19. We also find that the Assessing Officer view that the employer- employee relationship does not exist between the assessee and the employees hired by the assessee is without