MUKUL ROHATGI,NEW DELHI vs. ACIT CIRCLE 61(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Manish Agarwal

house property at 139, Golf Links, New Delhi at ₹3,01,200/-, and this is being assessed and accepted from earlier years. This has been consistently declared by the assessee and accepted by the Revenue. We have gone through the case records including the revision order and could not find any observation by the PCIT that what should

AIRPORT AUTHORITY OF INDIA,NEW DELHI vs. ITO, NEW DELHI

The appeals of the assessee are allowed

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5162/Del/2012 : Asstt. Year : 2010-11 Ita No. 5163/Del/2012 : Asstt. Year : 2011-12 Airports Authority Of India, Vs Income Tax Officer(Tds), Rajiv Gandhi Bhavan, Safdarjung Ward-1(1), Airport, New Delhi-110003 New Delhi (Appellant) (Respondent) Pan No. Aaaca6412D Assessee By : Sh. Ashish Gupta, Adv. Revenue By : Sh. Sohail Malik, Sr. Dr Date Of Hearing: 24.02.2021 Date Of Pronouncement: 04.05.2021

194C casts an obligation to deduct tax in ITA No. 5162 & 5163/Del/2012 42 Airport Authority of India respect of "any sum paid to any resident". Similarly, Sections 194EE and 194F provide for deduction of tax in respect of "any amount" referred to in the specified provisions. In none of the provisions the expression "sum chargeable under the provisions

AIRPORT AUTHORITY OF INDIA,NEW DELHI vs. ITO, NEW DELHI

The appeals of the assessee are allowed

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5162/Del/2012 : Asstt. Year : 2010-11 Ita No. 5163/Del/2012 : Asstt. Year : 2011-12 Airports Authority Of India, Vs Income Tax Officer(Tds), Rajiv Gandhi Bhavan, Safdarjung Ward-1(1), Airport, New Delhi-110003 New Delhi (Appellant) (Respondent) Pan No. Aaaca6412D Assessee By : Sh. Ashish Gupta, Adv. Revenue By : Sh. Sohail Malik, Sr. Dr Date Of Hearing: 24.02.2021 Date Of Pronouncement: 04.05.2021

194C casts an obligation to deduct tax in ITA No. 5162 & 5163/Del/2012 42 Airport Authority of India respect of "any sum paid to any resident". Similarly, Sections 194EE and 194F provide for deduction of tax in respect of "any amount" referred to in the specified provisions. In none of the provisions the expression "sum chargeable under the provisions

RBS BUSINESS SERVICES P.LTD,MUMBAI vs. DCIT (TDS) 1(1), MUMBAI

In the result, the appeals of the assessee are allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 3081/Mum./2014 : Asstt. Year : 2009-10 Ita No. 3082/Mum./2014 : Asstt. Year : 2009-10 Rbs Business Services Pvt. Ltd., Vs Dcit(Tds)-1(1), (Formerly Known As Abn Amro Mumbai-400002 Central Enterprises Service Pvt. Ltd.), Empire Complex, 414, Senapati Bapat Marg, Lower Parel, Mumbai-400013 (Appellant) (Respondent) Pan No. Aadca1780D Assessee By : Sh. S. K. Agarwal, Ca Revenue By : Sh. T. Kipgen, Cit Dr Date Of Hearing: 07.07.2022 Date Of Pronouncement: 12.08.2022

1) shall be liable to deduct income-tax under this section. (6) No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of business of plying, hiring or leasing goods carriages, where such contractor owns ten or less goods

RBS BUSINESS SERVICES P.LTD,MUMBAI vs. DCIT (TDS) 1(1), MUMBAI

In the result, the appeals of the assessee are allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 3081/Mum./2014 : Asstt. Year : 2009-10 Ita No. 3082/Mum./2014 : Asstt. Year : 2009-10 Rbs Business Services Pvt. Ltd., Vs Dcit(Tds)-1(1), (Formerly Known As Abn Amro Mumbai-400002 Central Enterprises Service Pvt. Ltd.), Empire Complex, 414, Senapati Bapat Marg, Lower Parel, Mumbai-400013 (Appellant) (Respondent) Pan No. Aadca1780D Assessee By : Sh. S. K. Agarwal, Ca Revenue By : Sh. T. Kipgen, Cit Dr Date Of Hearing: 07.07.2022 Date Of Pronouncement: 12.08.2022

1) shall be liable to deduct income-tax under this section. (6) No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of business of plying, hiring or leasing goods carriages, where such contractor owns ten or less goods

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

194C of the act. Secondly if the expenses are already paid and not payable in that case the provision of section 40a (ia} is required to be applied and no disallowance is called for to the extent sums are paid, in view of the decision of the Hon'ble Allahabad High Court in the case of CIT v. Vector Shinning

M/S AT & T GLOBAL BETWORK SERVICES (INDIA) PVT. LTD.,,GURGAON vs. DCIT, NEW DELHI

In the result, the appeal of assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[A.Y 2008-09] At &T Global Network Services [India] Vs. The Dy. C.I.T Pvt Ltd, Vatika Triangle Circle - 2 (1) 3Rd Floor, Sushant Lok - I New Delhi Block A, Gurgaon Pan: Aafca 8810 L [A.Y 2008-09] The Dy. C.I.T Vs. At &T Global Network Services Circle 2(1) [India] Pvt Ltd, Vatika Triangle 3Rd Floor, Sushant Lok - I New Delhi Block A, Gurgaon Pan: Aafca 8810 L (Applicant) (Respondent) Assessee By : Shri Kanchan Kaushal, Adv Ms. Chinu Bhasin, Ca Department By : Shri H.K. Choudhary, Cit-Dr

property for which a payment as described under para 3 of Article 12 is received (which covers payments in the nature of royalty), such payments do not pall within clause (a) of Article 12(4). Accordingly, for the aforesaid services to be taxed as FIS in India, it needs to be established that services rendered

M/S BG EXPLORATION & PRODUCTION INDIA LTD.,MUMBAI vs. ITO (TDS), DEHRADUN

In the result, all the appeals filed by the assessee are partly allowed

Bench: Sh. N. K. Billaiya & Ms. Suchitra Kamble

House, Lake Boulevard Dehradun Road, Hirannandani Business Park, Powai, Mumbai PAN AAACE4569K (APPELLANT) (RESPONDENT) Appellant by Sh.Himanshu Shekhar Sinha, Advocate Sh. Bhuwan Dhoopar, Advocate Respondent by Ms. Ashima Neb, Sr. DR Date of hearing: 09/01/2019 Date of Pronouncement: 11/01/2019 ORDER PER N. K. BILLAIYA, AM: ITANo.2443/Del/2016, 2444/Del/2016 and 2445/Del/2016 are appeals by the assessee preferred against the three separate orders

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

section 115BAA from AY 2020-21 onwards. Accordingly, the excess margins accounted for in the books of accounts of the Appellant in earlier years (as per POCM) have already been offered to tax at a higher rate of 35% and the said margins would again be taxed in the subsequent years at the time of sale of built-up units

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

section 115BAA from AY 2020-21 onwards. Accordingly, the excess margins accounted for in the books of accounts of the Appellant in earlier years (as per POCM) have already been offered to tax at a higher rate of 35% and the said margins would again be taxed in the subsequent years at the time of sale of built-up units

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

section 115BAA from AY 2020-21 onwards. Accordingly, the excess margins accounted for in the books of accounts of the Appellant in earlier years (as per POCM) have already been offered to tax at a higher rate of 35% and the said margins would again be taxed in the subsequent years at the time of sale of built-up units

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

section 115BAA from AY 2020-21 onwards. Accordingly, the excess margins accounted for in the books of accounts of the Appellant in earlier years (as per POCM) have already been offered to tax at a higher rate of 35% and the said margins would again be taxed in the subsequent years at the time of sale of built-up units

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

section 115BAA from AY 2020-21 onwards. Accordingly, the excess margins accounted for in the books of accounts of the Appellant in earlier years (as per POCM) have already been offered to tax at a higher rate of 35% and the said margins would again be taxed in the subsequent years at the time of sale of built-up units

M/S. NEW DELHI TELEVISION LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri H. S. Sidhu & Shri Prashant Maharishinew Delhi Television Ltd, Vs. Acit, 207, Okhla Industrial Estate, Phase- Circle-13(1), Iii, New Delhi New Delhi Pan: Aaacn0865D (Appellant) (Respondent) Acit, Vs. New Delhi Television Ltd, Circle-13(1), 207, Okhla Industrial Estate, New Delhi Phase-Iii, New Delhi Pan: Aaacn0865D (Appellant) (Respondent)

houses, the main source of revenue is advertisement charges. The advertisers approach classified agents or accredited advertising agencies to advertise. The agents/agencies upon receipt of advertisement requirement procure the airtime from the media companies at a discount. Advertisers while making payment to accredited agencies duly deduct tax as required under law under section 194C of the Act on the amount

DCIT, NEW DELHI vs. M/S. NEW DELHI TELEVISION LTD., NEW DELHI

Bench: Shri H. S. Sidhu & Shri Prashant Maharishinew Delhi Television Ltd, Vs. Acit, 207, Okhla Industrial Estate, Phase- Circle-13(1), Iii, New Delhi New Delhi Pan: Aaacn0865D (Appellant) (Respondent) Acit, Vs. New Delhi Television Ltd, Circle-13(1), 207, Okhla Industrial Estate, New Delhi Phase-Iii, New Delhi Pan: Aaacn0865D (Appellant) (Respondent)

houses, the main source of revenue is advertisement charges. The advertisers approach classified agents or accredited advertising agencies to advertise. The agents/agencies upon receipt of advertisement requirement procure the airtime from the media companies at a discount. Advertisers while making payment to accredited agencies duly deduct tax as required under law under section 194C of the Act on the amount

ACIT, NEW DELHI vs. M/S. MAHARANI ENTERPRISES, DELHI

The appeal of the Revenue is dismissed and Cross- Objection of the assessee is allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

194C of the I.T Act ignoring the authorities cited on behalf of the appellant against the disallowance under reference.” 3. During the year under consideration, the assessee is engaged as exporter and importer of Sanitary wares & tiles and also wholesale trading of dry fruits and Kirana items. The return of income declaring total income of Rs.98,18,474/- were electronically

DCIT, CIRCLE-5(2), NEW DELHI vs. CAPARO POWER LTD, NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Sh. Kul Bharatdr. B. R. R. Kumar(Through Video Conferencing)

House, 21, K.G. Marg, New Delhi (APPELLANT) (RESPONDENT) PAN No. AADCB8619C Assessee by : Sh. Ved Jain, CA Revenue by : Ms. Nidhi Srivastava, CIT DR Date of Hearing: 24.08.2021 Date of Pronouncement: 24.08.2021 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the revenue against the order of ld. CIT(A)-2, New Delhi

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri L.P. Sahu

194C are not applicable. Further, the interest on the said amount is in the nature of damages which falls outside the purview of Section 194A. In any case, once amount decreed by Arbitral Tribunal, it is a kind of a judgment debt and overrides the provisions of Income Tax Act; and in support, he relied upon the following judgments:- 1