DCIT, CIRCLE- 16(2), NEW DELHI vs. MINERALS MANAGEMENTS SERVICES INDIA PVT. LTD., NEW DELHI

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmathe Dcit Vs. M/S. Minerals Managements Circle 16(2), Services India Pvt. Ltd. 1104, 11Th Floor, New Delhi Hemkunt Chamber, Nehru Place Pan : Aaacm6334J New Delhi-110019 (Appellant) (Respondent)

u/s 234A, 234B, 234C & 234D as per rules. Penalty proceedings under section 271(1)(C) of the Income Tax Act, 1961 are hereby

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- 2(2)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

234A, 234B and 234C of the Act without appreciating that the Appellant is a non-resident and tax is deductible from the income of the Appellant. 9. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271 (1 )(c) of the Act and alleging that the Appellant has concealed the true and correct

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- NOIDA, INTERNATIONAL TAXATION, NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

234A, 234B and 234C of the Act without appreciating that the Appellant is a non-resident and tax is deductible from the income of the Appellant. 9. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271 (1 )(c) of the Act and alleging that the Appellant has concealed the true and correct

M/S. LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT (INTERNATIONAL TAXATION), NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

234A, 234B and 234C of the Act without appreciating that the Appellant is a non-resident and tax is deductible from the income of the Appellant. 9. That the AO/DRP has grossly erred in law and facts in initiating the penalty under section 271 (1 )(c) of the Act and alleging that the Appellant has concealed the true and correct

GAUTAM KUMAR,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 12, NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumar, Sh. Anubhav Sharma

234A, 234B and 234C of I.T. Act 1961 as per provisions of Income Tax Act, 1961. Issue demand notice and challan alongwith a copy of this order to the assessee. Penalty proceeding u/s 271(1) (c) of the Income Tax Act for furnishing inaccurate particulars of income are initiated separately. Penalty proceedings u/s 271(1)(b) of the Income

GAUTAM KUMAR,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 12, NEW DELHI

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumar, Sh. Anubhav Sharma

234A, 234B and 234C of I.T. Act 1961 as per provisions of Income Tax Act, 1961. Issue demand notice and challan alongwith a copy of this order to the assessee. Penalty proceeding u/s 271(1) (c) of the Income Tax Act for furnishing inaccurate particulars of income are initiated separately. Penalty proceedings u/s 271(1)(b) of the Income

MR. VIJAY AGARWAL,MEERUT vs. DCIT, FARIDABAD

In the result, both the appeals of the assessee are allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 5432/Del/2016 : Asstt. Year : 2006-07 Ita No. 5433/Del/2016 : Asstt. Year : 2007-08 Mr. Vijay Agarwal, Vs Deputy Commissioner Of Income C/O M/S Kashyap & Co., Cas, Tax, Central Circle-1, 214, Citi Centre, Begum Faridabad Bridge Road, Meerut-250001 (Appellant) (Respondent) Pan No. Aazpa6461C Assessee By : Sh. P. S. Kashyap, Ca Revenue By : Sh. N. K. Bansal, Sr. Dr Date Of Hearing: 26.08.2019 Date Of Pronouncement: 05.11.2019

234A, B & C as applicable. Issue penalty notice u/s 271(1)(c).” 9. In the notice u/s 274 read with section

MR. VIJAY AGARWAL,MEERUT vs. DCIT, FARIDABAD

In the result, both the appeals of the assessee are allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 5432/Del/2016 : Asstt. Year : 2006-07 Ita No. 5433/Del/2016 : Asstt. Year : 2007-08 Mr. Vijay Agarwal, Vs Deputy Commissioner Of Income C/O M/S Kashyap & Co., Cas, Tax, Central Circle-1, 214, Citi Centre, Begum Faridabad Bridge Road, Meerut-250001 (Appellant) (Respondent) Pan No. Aazpa6461C Assessee By : Sh. P. S. Kashyap, Ca Revenue By : Sh. N. K. Bansal, Sr. Dr Date Of Hearing: 26.08.2019 Date Of Pronouncement: 05.11.2019

234A, B & C as applicable. Issue penalty notice u/s 271(1)(c).” 9. In the notice u/s 274 read with section

CENTRAL NEWS AGENCY PVT LTD,NEW DELHI vs. DCIT CIRCLE-5(2), NEW DELHI

In the result, this appeal filed by assessee is allowed

Bench: Or At The Time Of Hearing & All The Above Grounds Are Without Prejudice To Each Other.”

section 27l(l)(c) of the Act by furnishing inaccurate particulars of its income, for which penalty proceedings u/s 271(l)(c) of the Act are being initiated separately. 4. With the above remarks, the total income/loss of the assessee company is recomputed as under: - Gross total loss as per Return of Income Rs. (50,39,439)/- Add: Disallowance

VIKAS MALIK,NEW DELHI vs. ITO WARD - 39(4), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

section 44AD of the Act, the assessee having disclosed the nature of business and in the absence of books of account. 10. On the facts and the circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the addition despite the same having been made by the A.O. following own surmises

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

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

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2008-09] M/S Metenere Ltd Vs. The A.C.I.T 138-19, Main Road Central Circle – 18, Ghazipur, Delhi New Delhi Pan No: Aaacm 8484 F [Appellant] [Respondent]

234A, 234B. 234C & 234D as per law. - Penalty proceedings u/s 271(l){c) have been initiated separately.” 5. Penalty proceedings u/s 271(1)(c) of the Act were initiated on the additions made while computing the income under normal provisions of the Act. It can be seen from the computation of income, as per the assessment order exhibited above, that

ACIT, NEW DELHI vs. M/S BHUSHAN STEEL LTD., NEW DELHI

In the result, the appeal of the Revenue stands dismissed

Bench: Shri Rajpal Yadav & Shri N.K. Billaiya[Assessment Year: 2008-09] The A. C.I.T Vs. M/S Bhushan Steel Ltd Circle – 3 F-Block, International Trade Tower, New Delhi Nehru Place, New Delhi Pan : Aaccb 7445 H [Appellant] [Respondent] Date Of Hearing : 20.08.2018 Date Of Pronouncement : 20.08.2018 Assessee By : Shri Ashwini Kumar, Ca Shri Rahul Chourasia, Ca

234A, 234B, 234C & 234D of the Income Tax Act, 1961. Issue necessary forms. Penalty proceedings u/s 271(1)(c) of the Income Tax Act, 1961 are being initiated separately” 10. Thus, it can be seen that the assessment is ultimately framed u/s 143(3) of the Act whereas the penalty has been levied on the additions made for computing

VIDEO ELECTRONICS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the Assessee’s Quantum Appeal being ITA No

Bench: Shri H. S. Sidhu & Shri O.P. Kant

271(1)(c) upholding the penalty levied by the AO. Since the issues involved in both the appeals are inter-connected, hence, we are disposing of these appeals by passing this consolidated order for the sake of convenience. 2. The grounds raised in ITA No. 132/Del/2011 (AY 1990-91) read as under:- 2 “1. The Ld. CIT(A) confirmed

VIDEO ELECTRONICS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the Assessee’s Quantum Appeal being ITA No

Bench: Shri H. S. Sidhu & Shri O.P. Kant

271(1)(c) upholding the penalty levied by the AO. Since the issues involved in both the appeals are inter-connected, hence, we are disposing of these appeals by passing this consolidated order for the sake of convenience. 2. The grounds raised in ITA No. 132/Del/2011 (AY 1990-91) read as under:- 2 “1. The Ld. CIT(A) confirmed

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

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

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