SMS GROUP GMBH,NEW DELHI vs. ACIT CIRCLE - 3(1)(2) INTL. TAXATION, NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Vimal Kumar

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. ITA No. 1591-1592/Del/2022 ITA No. 993 & 3297/Del/2023 MS Group Gmbh 2. Facts of the case: The assessee

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE-3(1)(2), INT. TAXATION, NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Vimal Kumar

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. ITA No. 1591-1592/Del/2022 ITA No. 993 & 3297/Del/2023 MS Group Gmbh 2. Facts of the case: The assessee

SMS GROUP GMBH,DELHI vs. ACIT.CIRCLE-3(1)(2), NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Vimal Kumar

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. ITA No. 1591-1592/Del/2022 ITA No. 993 & 3297/Del/2023 MS Group Gmbh 2. Facts of the case: The assessee

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE-3(1)(2) INT. TAXATION, NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Vimal Kumar

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. ITA No. 1591-1592/Del/2022 ITA No. 993 & 3297/Del/2023 MS Group Gmbh 2. Facts of the case: The assessee

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE 3(1)(2), INTERNATIONAL TXATION, NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Vimal Kumar

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. ITA No. 1591-1592/Del/2022 ITA No. 993 & 3297/Del/2023 MS Group Gmbh 2. Facts of the case: The assessee

SMS MEER GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

penalty\nproceedings under section 271(1) (C) of the Income Tax, Act, 1961. The\nprovisions of which are not attracted on the facts.\n9. That the assessee may be allowed to add, supplement, revise,\namend grounds as raised hereinabove.\n\n2. Facts of the case: The assessee is a company incorporated in\nGermany. During the year under consideration

SMS GROUP GMBH,NEW DELHI vs. JCIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

penalty\nproceedings under section 271(1) (C) of the Income Tax, Act, 1961. The\nprovisions of which are not attracted on the facts.\n9. That the assessee may be allowed to add, supplement, revise,\namend grounds as raised hereinabove.\n2. Facts of the case: The assessee is a company incorporated in\nGermany. During the year under consideration it was engaged

M/S. JOINT STOCK COMPANIES FOREIGN ECONOMIC ASSOCIATION,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, assessee’s appeal stands dismissed

Bench: Sh. Shamim Yahya & Shri Kul Bharatm/S. Joint Stock Companies Vs. Dcit Foreign Economic Circle – 2(1)(2), International Association, Plot Ep-15, Taxation, New Delhi Dr Jose Rizal Marg, Chanakya Puri, New Delhi – 110 021 Pan No. Aaacf 7011 K (Appellant) (Respondent) Assessee By -None Revenue By Shri Vijay B. Vasanta, Cit-D.R. Date Of Hearing: 08.11.2023 Date Of Pronouncement: 10.11.2023

penalty proceedings u/s 271(1)(c) of the Act without appreciating that the provisions of above section are not applicable as neither there was any concealment of income nor furnishing of inaccurate particulars and accordingly, DRP also erred in not directing the Assessing Officer to drop the proceedings. 6. That the Appellant crave to leave to amend, withdraw or modify

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)

penalty proceedings under section 271(1)(c) of the Act.” “On the facts and in the circumstances of the case the Hon’ble DRP-V, New Delhi has erred in law and on facts in directing to recomputed depreciation on software licence as per Item No.III (5) of Part A of Appendix 1 of the Income-tax Rules

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)

penalty proceedings under section 271(1)(c) of the Act.” “On the facts and in the circumstances of the case the Hon’ble DRP-V, New Delhi has erred in law and on facts in directing to recomputed depreciation on software licence as per Item No.III (5) of Part A of Appendix 1 of the Income-tax Rules

SMS GROUP GMBH (SMS SIEMAG AG),NEW DELHI vs. ACIT, CIRCLE- 3(1)(2), INTL. TAXATION, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged

SMS GROUP GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged

SMS MEVAC UK LTD.,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE-3(1)(2) (INT. TAX.), NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged

SMS MEVAC UK LTD.,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged

SMS GROUP GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged

SMS GROUP GMBH,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged

SMS GROUP GMBH (SMS SIEMAG AG),NEW DELHI vs. ACIT, CIRCLE- 3(1)(2), INTL. TAXATION, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

penalty proceedings under section 271(1) (C) of the Income Tax, Act, 1961. The provisions of which are not attracted on the facts. 9. That the assessee may be allowed to add, supplement, revise, amend grounds as raised hereinabove. 2. Facts of the case: The assessee is a company incorporated in Germany. During the year under consideration it was engaged