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

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

DCIT CIRCLE-10(1), NEW DELHI vs. HTC INDIA PVT LTD, GURGAON

In the result, the appeal of the Revenue is dismissed

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

penalty u/s 271(1)(c) can be imposed. In this regard, we find that the relevant provision is Explanation 7 to section 271(1), which reads as under:- "Explanation 7.—Where in the case of an assessee who has entered into an international transaction or specified domestic transaction defined in section 92B

MITSUI PRIME ADVANCED COMPOSITES INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, the appeal is allowed

Bench: Shri R.S. Syal, Am & Shri C.M. Garg, Jm Assessment Year : 2010-11

penalty u/s 271(1)(c) can be imposed. In this regard, we find that the relevant provision is Explanation 7 to section 271(1), which reads as under:- “Explanation 7.—Where in the case of an assessee who has entered into an international transaction or specified domestic transaction defined in section 92B

PR.COMMISSIONER OF INCOME TAX-2, vs. SINOSTEEL INDIA PVT. LTD.

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

92B, any amount is added or disallowed in computing the total income under sub-section(4) of section 92C, then, the amount so added or disallowed shall, for the purposes of clause(c) of this subsection, be deemed to represent the income in respect of ITA 825/2018 Page 7 of 11 which particulars have been concealed or inaccurate particulars have

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:

92B of the Act with Rule 10 of the I.T. Rules, 1962. Hence, the AO invoked provisions of Section 271G and levied penalty @ 2% of the value of the transactions which the ld. CIT(A) confirmed. 12. Heard the arguments of both the parties and perused the material available on record. 13. It is an undisputable fact that during

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:

92B of the Act with Rule 10 of the I.T. Rules, 1962. Hence, the AO invoked provisions of Section 271G and levied penalty @ 2% of the value of the transactions which the ld. CIT(A) confirmed. 12. Heard the arguments of both the parties and perused the material available on record. 13. It is an undisputable fact that during

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

penalty under section 271 (1 )(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income.” 11. The first assessment order out of the aforementioned batch of appeals was passed for AY 2007-08 and therefore the said assessment year is taken

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

penalty under section 271 (1 )(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income.” 11. The first assessment order out of the aforementioned batch of appeals was passed for AY 2007-08 and therefore the said assessment year is taken

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

penalty under section 271 (1 )(c) of the Act and alleging that the Appellant has concealed the true and correct particulars of its taxable income and furnished inaccurate particulars of its income.” 11. The first assessment order out of the aforementioned batch of appeals was passed for AY 2007-08 and therefore the said assessment year is taken

M/S. GAP INTERNATIONAL SOURCING (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Smt Diva Singh & Sh.Prashant Maharishi

92B of the Act then for the purposes of sub-section (c) of section 271(1) the said amount added or disallowed would be deemed to represent such income in respect of which particulars have been concealed or inaccurate particulars have been furnished. Exception is carved out only in the case where the assessee proves that the price charged

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT., SPECIAL RANGE -8, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumarita No. 6813/Del/2017 : Asstt. Year : 2012-13 Samsung India Electronics Pvt. Ltd. Vs Additional Commissioner Of 20Th -24Th Floors, Dlf Two Horizon Income Tax, Special Range-8 Center, Sector-13, Gurgaon, New Delhi-110002 Haryana-122002 (Appellant) (Respondent) Pan No. Aaacs5123K Assessee By : Sh. Himanshu Sinha, Adv. Revenue By : Sh. H. K. Choudhary, Cit Dr & Date Of Hearing: 04.12.2019 Date Of Pronouncement: 07.01.2020

penalty proceedings under Section 271(1)(c) and Section 271AA of the Act for furnishing of inaccurate particulars and concealment of income. Each of the above grounds are independent and without prejudice to the other grounds of appeal preferred by the Appellant.” 3. Ground Nos. 1 & 2 are comprehensive, 4. Ground nos. 3 to 13 relates to adjustment on account

DCIT, CC-31, NEW DELHI vs. PERNOD RICARD INDIA PVT. LTD., NEW DELHI

In the result, the appeals filed by the Revenue are dismissed and the appeals filed by the assessee are partly allowed for statistical purposes

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

271(l)(c) of the Act. ITA No.1365,1379/Del/2018 & 2366/Del/2019 31. That the Ld. AO erred in initiating penalty proceedings under section 271C of the Act.” Revenue’s Grounds of appeal (A.Y. 2014-15) “1. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) was legally justified in ignoring the various

ACIT, CC- 31, NEW DELHI vs. PERNOD RICHARD INDIA PVT. LTD., NEW DELHI

In the result, the appeals filed by the Revenue are dismissed and the appeals filed by the assessee are partly allowed for statistical purposes

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

271(l)(c) of the Act. ITA No.1365,1379/Del/2018 & 2366/Del/2019 31. That the Ld. AO erred in initiating penalty proceedings under section 271C of the Act.” Revenue’s Grounds of appeal (A.Y. 2014-15) “1. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) was legally justified in ignoring the various

PERNOD RICARD INDIA PVT. LTD,GURGAON vs. DCIT, CENTRAL CIRCLE- 31, NEW DELHI

In the result, the appeals filed by the Revenue are dismissed and the appeals filed by the assessee are partly allowed for statistical purposes

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

271(l)(c) of the Act. ITA No.1365,1379/Del/2018 & 2366/Del/2019 31. That the Ld. AO erred in initiating penalty proceedings under section 271C of the Act.” Revenue’s Grounds of appeal (A.Y. 2014-15) “1. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) was legally justified in ignoring the various

PERNOD RICARD INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals filed by the Revenue are dismissed and the appeals filed by the assessee are partly allowed for statistical purposes

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

271(l)(c) of the Act. ITA No.1365,1379/Del/2018 & 2366/Del/2019 31. That the Ld. AO erred in initiating penalty proceedings under section 271C of the Act.” Revenue’s Grounds of appeal (A.Y. 2014-15) “1. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) was legally justified in ignoring the various