VIJAY SINGH CHAUHAN,NOIDA vs. ITO,WARD-2(5), NOIDA

The appeal of the assessee is hereby dismissed

Bench: Shri Sudhir Pareek & Shri Avdhesh Kumar Mishravijay Singh Chauhan, Income Tax Officer, House No.-193, Gali No.-3, Vs. Ward- 2(5), Noida, Village Chhalera, Sector-44, Uttar Pradesh, Noida, Uttar Pradesh India. India. Pan No: Aeipc4637E Appellant Respondent Assessee By : Sh. Naveen Kumar, Adv. Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing: 01.07.2025 Date Of Pronouncement: 26.09.2025 Order Per Sudhir Pareek, Jm: The Aforetitled Appeal Has Been Preferred Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter, In Short, ‘Cit(A)’] Dated 17.07.2023 For Ay 2015-16, By Which Appeal Of The Assessee Was Dismissed.

penalty proceedings u/s 271(1)(c) is being initiated separately. 14. While deciding the appeal, the Learned CIT(A) observed that the action of the Learned AO in treating the interest income of Rs 13,43,02,195/- as assessed u/s 56(2)(viii) of the Act deserves to be upheld, relevant extract thereof as under: “5.1 During the course

M/S. PEPSI FOODS LIMITED,GURGAON vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

271(1)(c) of the Act and is consequential in nature. 2. One of the key issue permeating in all the years relates to Transfer Pricing adjustment of ‘advertisement, marketing and promotion expenses’ (hereinafter referred to as ‘AMP expenses’), which though has been made on different reasons and by applying different methods, like BLT, PSM or Other Method

PEPSICO INDIA HOLDINGS PVT. LTD.,GURGAON vs. ACIT, CENTRAL CIRCLE- 7, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

271(1)(c) of the Act and is consequential in nature. 2. One of the key issue permeating in all the years relates to Transfer Pricing adjustment of ‘advertisement, marketing and promotion expenses’ (hereinafter referred to as ‘AMP expenses’), which though has been made on different reasons and by applying different methods, like BLT, PSM or Other Method

M/S PEPSICO INDIA HOLDINGS PVT. LTD.,,GURGAON vs. ACIT,, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

271(1)(c) of the Act and is consequential in nature. 2. One of the key issue permeating in all the years relates to Transfer Pricing adjustment of ‘advertisement, marketing and promotion expenses’ (hereinafter referred to as ‘AMP expenses’), which though has been made on different reasons and by applying different methods, like BLT, PSM or Other Method

M/S PEPSICO INDIA HOLDINGS PVT. LTD.,,GURGAON vs. ACIT,, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

271(1)(c) of the Act and is consequential in nature. 2. One of the key issue permeating in all the years relates to Transfer Pricing adjustment of ‘advertisement, marketing and promotion expenses’ (hereinafter referred to as ‘AMP expenses’), which though has been made on different reasons and by applying different methods, like BLT, PSM or Other Method

M/S PEPSICO INDIA HOLDINGS PVT. LTD.,,GURGAON vs. ACIT,, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

271(1)(c) of the Act and is consequential in nature. 2. One of the key issue permeating in all the years relates to Transfer Pricing adjustment of ‘advertisement, marketing and promotion expenses’ (hereinafter referred to as ‘AMP expenses’), which though has been made on different reasons and by applying different methods, like BLT, PSM or Other Method

PEPSI FOODS PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

271(1)(c) of the Act and is consequential in nature. 2. One of the key issue permeating in all the years relates to Transfer Pricing adjustment of ‘advertisement, marketing and promotion expenses’ (hereinafter referred to as ‘AMP expenses’), which though has been made on different reasons and by applying different methods, like BLT, PSM or Other Method

VEDANTA LTD (EARLIER KNOWN AS STERLITE INDUSTRIES (INDIA) LTD.),GURGAON vs. ACIT, CIRCLE- 26(1), NEW DELHI

The appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishivedanta Ltd. Vs. Acit, (Earlier Known As Sterlite Circle-26(1), Industries (India) Ltd,) New Delhi Core-6, 3Rd Floor, Scope Complex, 7, Lodhi Road, New Delhi Pan: Aaccs7101B (Appellant) (Respondent)

penalty proceedings by the AO under Section 271(1 )(c) of the Act.” 3. The brief facts of the case shows that the assessee is a company engaged in the business of processing of copper from copper concentrate, manufacturing /generation and / or trading of non-ferrous metals, phosphoric acid, sulphuric acid, power slime, dore etc. It filed its return

M/S. ORIENT TEXFABS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result both the grounds of the assessee are dismissed

Bench: Shri. H.S.Sidhu & Shri Prashant Maharishi

145A of the act. 2) That the Ld. Commissioner of income tax appeals has wrongly arbitrarily and against the law and facts of the case, confirmed the order of rejection of application made under section 154 of the act by the Ld. assessing officer and confirmed addition of Rs. 394604/- on account of excess claim of depreciation under the income

ACIT, MUZAFFARNAGAR vs. M/S TIKAULA SUGAR MILLS LTD., MUZAFFARNAGAR

Bench: Shri R. S. Syal & Smt Suchitra Kamble

u/s 142(1) issued along with detailed questionnaire, Authorized Representative of the assessee company appeared from time to time, filed various replied and details which are on record. The return of income was accompanied with Audit Report and audited copies of accounts. As per computation of income attached with the return of income company declared net profit

DCIT CIRCLE I vs. TIKAULA SUGAR MILLS LTD,

Bench: Shri R. S. Syal & Smt Suchitra Kamble

u/s 142(1) issued along with detailed questionnaire, Authorized Representative of the assessee company appeared from time to time, filed various replied and details which are on record. The return of income was accompanied with Audit Report and audited copies of accounts. As per computation of income attached with the return of income company declared net profit

DCIT, MUZAFFARNAGAR vs. M/S TIKAULA SUGAR MILLS LTD., MUZAFFARNAGAR

Bench: Shri R. S. Syal & Smt Suchitra Kamble

u/s 142(1) issued along with detailed questionnaire, Authorized Representative of the assessee company appeared from time to time, filed various replied and details which are on record. The return of income was accompanied with Audit Report and audited copies of accounts. As per computation of income attached with the return of income company declared net profit

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A .No. 467/Del/2014 (A.Y 2009-10)

u/s 43B of the Act, which the AO denied. 47 5.4 We have heard the rival submissions and perused the relevant material on record. The Ld. AR contended that this issue has been decided in earlier years in the assessee’s favour by the Tribunal. He further referred to the judgment of the Hon’ble Delhi High Court

JAI BHAGWAN,VPO BADSHAHPUR,GURGAON,HR. vs. INCOME TAX OFFICER, GURGAON,HARYANA

The appeal stands allowed and the concurrent findings of the AO and CIT(A) are hereby affirmed

Bench: Ms. Madhumita Roy & Shri Avdhesh Kumar Mishrajai Bhagwan Vs. Income Tax Officer Vpo Badshahpur Income Tax Building Gurgaon Gurugram- 122001 Haryana-122001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Amapb8989P Appellant .. Respondent

section 145A(b) of the IT. Act However, deduction to the extent of 50% would be available to the assessee u/s 57(iv) of the I.T. Act. 16. In view of the above interest received on enhanced compensation to the extent of at Rs.1,82,04,310/- is brought to tax as income of the assessee from other sources. Whereas

BRAHAMPAL SINGH,GURGAON vs. ITO WARD 1(3), GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri R.K. Panda[Assessment Year: 2013-14]

145A(b) of the I.T. Act. However, deduction to the extent of 50% would be available to the assessee u/s 57(iv) of the I.T. Act. In view of the above, he held that interest received on enhanced compensation to the extent of Rs.84,36,173/- has to be brought to tax as income of the assessee from other sources

PERFETTI VAN MELLE INDIA PVT. LTD.,GURGAON vs. ACIT, CIRCLE-3(1), GURGAON

In the result, the additional ground raised by the assessee is allowed

Bench: The Income Tax Appellate Tribunal, Delhi Bench “I-2”, New Delhi

271(1)(c) of the Act. 3. That apart, the assessee has also moved an application raising an additional ground regarding the allowability of education cess vide letter dated 23.07.2021. 4. However, the principle issue which arises in this appeal for consideration is the transfer pricing adjustment on account of AMP expenses. There are two other corporate tax issues, which

BSES RAJDHANI POWER LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal is partly allowed

Bench: Shri I.C. Sudhir & Shri Inturi Rama Rao Assessment Year : 2005-06 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2005-06 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year : 2006-07 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2006-07 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent)

145A. Notwithstanding anything to the contrary contained in section 145,— (a) the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “Profits and gains of business or profession” shall be— (i) in accordance with the method of accounting regularly employed by the assessee; and (ii) further adjusted to include

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

penalty leviable thereon. Accordingly, income accrued in the succeeding year. Assuming while denying he submitted that it is respectfully submitted that the adjustment being revenue neutral, would not affect tax liability of the appellant. In the past history of similar addition is submitted that aforesaid issue is covered by the decision of ITAT in appellant‘s own case