COMMISSIONER OF INCOME-TAX-I

The appeal is dismissed

reopened and culminated in the assessment order dated 17.10.2011. Prior to that, the Assessing Officer had made a reference to the Transfer Pricing

ADDL.CIT, NEW DELHI vs. MAKEMYTRIP (INDIA) PVT. LTD., GURGAON

In the result, Cross Objections of the assessee is allowed

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं. 5384 & 5385/िद"ी/2017(िन.व. 2007-08 & 2008-09)

reopened the 4 ITA Nos.5384 & 56385/DEL/2017 (A.Y.2007-08 & 2008-09) CO Nos. 48 & 47/Del/2017 assessment. The assessee in Form 3CEB has disclosed international transaction of reimbursement of expenses to the tune of Rs.3,60,01,993/-. The same was duly accepted by the Transfer Pricing

SHRI RAKESH ARORA,DELHI vs. ITO WARD-30(8), DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

Bench: Shri C.N. Prasad & Shri M. Balaganesh[Assessment Year: 2012-13] Sh. Rakesh Arora Ito C-4, 4123 Ward- 30 (8) Vasant Kunj, Vs Delhi Delhi-110070 Pan No.Aaepa727P Appellant Respondent Appellant By Sh. Lalit Mohan, Ca Respondent By Sh. Ajay Kumar Arora, Sr. Dr Date Of Hearing 23.09.2025 Date Of Pronouncement 28.11.2025

transferred from Mis Shreyas International to Mis Pink Pearl Garments on the same day. Further, on the same day, same amount of funds have been withdrawn in cash from the bank account of M/s Pink Pearl Garments. 5 It is hereby submitted that transactions made by Sh. Rajeev Mehan Prop Shreyas International during the F.Y. 2011-12 cannot be treated

HEADSTRONG SERVICES INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee stands partly allowed for statistical purposes in terms of our observations contained in the preceding paragraphs

Bench: Shri B. R. R. Kumar

assessment year.] ” The Rule 10B (4) of the Rules mandates that, the data to be used in analysing the comparability of an uncontrolled transaction with an international transaction or a specified domestic transaction, shall be the ‘data relating to the financial year’ (hereafter in this rule and in rule 10CA referred to as the 'current year') in which the international

AMIT GUPTA (HUF),NEW DELHI vs. ITO WARD - 31(4), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

transfer expenses had declared Long Term Capital Gain of Rs.1,29,903/-. Therefore, once, the assessee had declared such income and claimed the same as exempt, the Assessing Officer without verifying the return and without independent application of mind could not have reopened the assessment on the basis of report from the Investigation Wing, which is on account of borrowed

GANESH GUPTA HUF,NEW DELHI vs. ITO WARD 31(4), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

transfer expenses had declared Long Term Capital Gain of Rs.1,29,903/-. Therefore, once, the assessee had declared such income and claimed the same as exempt, the Assessing Officer without verifying the return and without independent application of mind could not have reopened the assessment on the basis of report from the Investigation Wing, which is on account of borrowed

BITHAL NATH GUPTA (HUF),NEW DELHI vs. ITO WARD - 31(4), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

transfer expenses had declared Long Term Capital Gain of Rs.1,29,903/-. Therefore, once, the assessee had declared such income and claimed the same as exempt, the Assessing Officer without verifying the return and without independent application of mind could not have reopened the assessment on the basis of report from the Investigation Wing, which is on account of borrowed

RC GUPTA (HUF),NEW DELHI vs. ITO WARD - 31(4), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

transfer expenses had declared Long Term Capital Gain of Rs.1,29,903/-. Therefore, once, the assessee had declared such income and claimed the same as exempt, the Assessing Officer without verifying the return and without independent application of mind could not have reopened the assessment on the basis of report from the Investigation Wing, which is on account of borrowed

BRIJESH GUPTA HUF,NEW DELHI vs. ITO WARD-31(4), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

transfer expenses had declared Long Term Capital Gain of Rs.1,29,903/-. Therefore, once, the assessee had declared such income and claimed the same as exempt, the Assessing Officer without verifying the return and without independent application of mind could not have reopened the assessment on the basis of report from the Investigation Wing, which is on account of borrowed

DCIT, CC-15, NEW DELHI vs. BDR BUILDERS & DEVELOPERS P. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usasstt. Year: 2012-13 Dcit, Vs. Bdr Builders & Developers P. Ltd,B- Central Circle-15, 393, Zakir Nagar So, South East Delhi, New Delhi New Delhi-1100025 (Appellant) (Respondent) Pan No. Assessee By : Dr. Rakesh Gupta, Adv. Revenue By : Sh. Kanv Bali, Sr. Dr Date Of Hearing: 28.02.2023 Date Of Pronouncement: 16.03.2023

price. This was an event which took place subsequent to the assessment year in question though it may be income for the assessment year. As we have observed above, all relevant facts were duly within the knowledge of the assessing officer. The assessing officer knew who were the entities who had subscribed to other convertible bonds and in other proceedings

ACIT, CENTRAL CRCLE-18, NEW DELHI vs. SHIMMER DEVELOPERS P.LTD, NEW DELHI

In the result, appeal of the Revenue is dismissed

Bench: Pradip Kumar Kedia & Shri Anubhav Sharma

price and necessary remedial action will be taken in the in the hands of Transferor/ Transferee entities centralized with Central Circle 18 after report from DVO is received. Information is being passed on to the Assessing officers for the rest of these concerns/individuals to take remedial action. To ascertain and assess the correct value of the property in the hands

ACIT, CENTRAL CIRCLE-19, NEW DELHI vs. M/S K.R. PULP & PAPERS LTD,, NEW DELHI

In the result, the appeal of the Revenue is

Bench: Shri R.K. Panda & Shri N.K. Choudhry

reopening was disposed of by the A.O. by passing a speaking order on 29.08.2016. 2.3. During the course of assessment proceedings the A.O. noted that assessee has received share capital of Rs.25,32,35,000/- and share premium of Rs.20,22,88,000 on account of issue of 50,64,700 shares to 58 companies. He noted that either these

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, the appeal of the revenue stands dismissed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

reopened assessment proceedings and completed the assessment vide order under section 143(3) r.ws 147 of the Act on 10.12.2010 taxing the excess payment of Rs.50 crores to Lahiri and AB Corp. Ltd. (ABCL). According to the AO, prior to entering into the agreement between assessee and Lahiri, an Sahara One Media & Entertainment. Ltd. arbitration award was passed

GOODYEAR INDIA LTD.,FARIDABAD vs. DCIT, CIRCLE-10(1), NEW DELHI

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

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

transfer pricing adjustment in this segment. 28. We have heard the rival contentions and the detailed submissions made by the both the parties. It is observed that the detailed working submitted by the assessee has not been examined at all either by the TPO or the DRP, therefore, it is in the interest of justice, issue is set aside

GOODYEAR INDIA LTD,FARIDABAD vs. ACIT, CIRCLE-10(1), NEW DELHI

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

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

transfer pricing adjustment in this segment. 28. We have heard the rival contentions and the detailed submissions made by the both the parties. It is observed that the detailed working submitted by the assessee has not been examined at all either by the TPO or the DRP, therefore, it is in the interest of justice, issue is set aside

ACIT, CIRCLE-46(1), NEW DELHI vs. DABUR INVEST CORP., DELHI

In the result, appeals of the Revenue are dismissed and appeal

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraिनधा"रणवष"/Assessment Year: 2017-18 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2017-18 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent

price to be taxed under the head capital gains at the time of transfer of Dabur shares. Such assessment orders are placed before us at page number 212 onwards of the paper book. The assessment for assessment year 2013 – 14 and 2014 – 15 were subjected to revision by The Principal Commissioner of Income Tax – 16, New Delhi. On appeal before

DABUR INVEST CORP,NEW DELHI vs. JCIT, RANGE-46, NEW DELHI

In the result, appeals of the Revenue are dismissed and appeal

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraिनधा"रणवष"/Assessment Year: 2017-18 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2017-18 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent

price to be taxed under the head capital gains at the time of transfer of Dabur shares. Such assessment orders are placed before us at page number 212 onwards of the paper book. The assessment for assessment year 2013 – 14 and 2014 – 15 were subjected to revision by The Principal Commissioner of Income Tax – 16, New Delhi. On appeal before

HERO MOTOCORP LTD (AS SUCCESSOR OF HERO INVESTMENT P.LTD),NEW DELHI vs. DCIT, CIRCLE 11(1), NEW DELHI

The appeal is allowed

Bench: Shri G.S. Pannu & Shri Anubhav Sharmaassessment Year: 2011-12

price. Further, in para 1.4 at page 60 of the paper book, the AO has observed as follows:- “1.4 A careful perusal of assessment proceedings in case of M/s HIPL which is now amalgamated has revealed that during the course of assessment proceedings the AO has examined and formed opinion on following issues as evident from order