MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms, but with no orders as to costs

Section 10 (2) (xv) of the Act if it satisfies otherwise the tests laid down by the law." 85. The OECD Transfer Pricing

VACHASPATI SHARMA,GURGAON vs. ITO WARD -4(1), GURGAON

In the result, the appeal of the assessee is dismissed

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2019-20 Vachaspati Sharma Vs Ito Village – Hayatpur Garhi Ward-4 Harsaru, Hayatpur, Gurgaon Gurgaon Pan No.Fnqps2021R (Appellant) (Respondent) Appellants By Sh. Suraj Bhan Nain, Advocate Sh. K.L. Pahwa, Advocate Respondent By Ms. Sapna Bhatia, Cit Dr Date Of Hearing: 11/09/2024 Date Of Pronouncement: 21/11/2024 Order Sh. Sudhir Kumar, Jm :

XV [2017] 86 taxmann.com 121 (Delhi) 4. Movaliya Bhikhubhai Balabhai v. ITO [2016] 70 taxmann.com 45 (Guj). 5. Hon’ble Supreme Court in the case of Shri Brahmaparkash & Ors. Vs. HSIIDCL & Ors. 6. UOI & Ors. V. Hari Singh & Ors. reported at [2018] 91taxmann.com 2 (SC) 7. ITO-TDS 2, Rajkot V. Muktanandgiri Maheshgiri in Civil Appeal No.18475 of 2017 dated

MICROSOFT CORPORATION (INDIA) PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Usmicrosoft Corporation (India) Vs. Dcit, Pvt. Ltd, Circle-16(1), 807, New Delhi House, New Delhi Barakhamba Road, New Delhi (Appellant) (Respondent) Pan: Aaacm5586C Assessee By : Shri Nageswar Rao & Parth, Adv Revenue By: Shri Rajesh Kumar, Cit(Dr) Date Of Hearing 22/02/2024 Date Of Pronouncement 28/02/2024

xv), as the case may be, the National Microsoft Corporation (India) Pvt. Ltd Faceless Assessment Centre may, on the basis of guidelines issued by the Board,— (a) convey to the assessment unit to prepare draft order in accordance with the income or loss determination proposal, which shall thereafter prepare a draft order; or (b) assign the income or loss determination

PHI SEEDS PVT. LTD.,HYDERABAD vs. ADDL.CIT, SPECIAL RANGE-7, NEW DELHI

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

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

xv. In view of findings of Hon'ble Karnatka High Court the activities are not of agricultural nature and the assessee company is not eligible for exemption under section 10(1) of the Act. 4.5. Thus, the assessee has not carried out any basic agricultural operations and from the secondary operations also the assessee cannot be said to have derived

LOKESH KUMAR AGGARWAL,DELHI vs. ITO,WARD-45(5), DELHI

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

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

xv. In view of findings of Hon'ble Karnatka High Court the activities are not of agricultural nature and the assessee company is not eligible for exemption under section 10(1) of the Act. 4.5. Thus, the assessee has not carried out any basic agricultural operations and from the secondary operations also the assessee cannot be said to have derived

DCIT, CIRCLE-13(1), NEW DELHI vs. JARUL INFRASTRUCTURE PVT. LTD, NEW DELHI

In the result, the Revenue’s appeal is dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharma[Assessment Year: 2012-13]

section 2(47) of the Act. The AO disallowed the short term capital loss of Rs. 76,12,50,000 claimed by the appellant. In addition to the appellant's submissions, the AR has also submitted the order of Ld. CIT(A)-1, who has allowed the short term capital loss claimed by Alona Azalea Infrastructure Pvt. Ltd, (AIPL

COMMISSIONER OF INCOME TAX vs. DISCOVERY COMMUNICATION INDIA

The appeals are disposed of

Transfer Pricing officer had accepted the price. The Assessing Officer, as noticed below under section 37(1) of the Act, cannot go into the question of reasonableness of advertisement or any other expense. 9.1. The Assessing Officer, thus, fallaciously and wrongly held that the entire expenditure, on advertisement, incurred by the assessee related only to the advertisement sales commission

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

xv) The task of arm’s length pricing in the case of tested party may become difficult when a number of transactions are interconnected and 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page 15 of 40 compensated but a transaction is bifurcated and segregated. CP Method, when applied to the segregated transaction, must pass

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

xv) The task of arm’s length pricing in the case of tested party may become difficult when a number of transactions are interconnected and 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page 15 of 40 compensated but a transaction is bifurcated and segregated. CP Method, when applied to the segregated transaction, must pass

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

xv) The task of arm’s length pricing in the case of tested party may become difficult when a number of transactions are interconnected and 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page 15 of 40 compensated but a transaction is bifurcated and segregated. CP Method, when applied to the segregated transaction, must pass

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

xv) The task of arm’s length pricing in the case of tested party may become difficult when a number of transactions are interconnected and 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page 15 of 40 compensated but a transaction is bifurcated and segregated. CP Method, when applied to the segregated transaction, must pass

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

xv) The task of arm’s length pricing in the case of tested party may become difficult when a number of transactions are interconnected and 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page 15 of 40 compensated but a transaction is bifurcated and segregated. CP Method, when applied to the segregated transaction, must pass

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

xv) The task of arm’s length pricing in the case of tested party may become difficult when a number of transactions are interconnected and 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page 15 of 40 compensated but a transaction is bifurcated and segregated. CP Method, when applied to the segregated transaction, must pass

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

xv) The task of arm’s length pricing in the case of tested party may become difficult when a number of transactions are interconnected and 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page 15 of 40 compensated but a transaction is bifurcated and segregated. CP Method, when applied to the segregated transaction, must pass

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD., NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

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

xv. M/s. Sai - 6,04,32,128 - - Enterprises xvi M/s. Sai - 5,85,95,852 - - Enterprises xvii. M/s. Ghanshyam - 1,78,11,882 - - Enterprises xviii. M/s. Spark - - 2,06,67,540 - Infrapower (P) Ltd. xix. M/s. Jai Bhawani - - 9,30,54,020 40,69,867 Enterprises Total 8,00,23,080 122,61,97,714 92,59,10

MAHAVIR TRANSMISSION LTD,NEW DELHI vs. DCIT, CENTRAL CORCLE-25, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

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

xv. M/s. Sai - 6,04,32,128 - - Enterprises xvi M/s. Sai - 5,85,95,852 - - Enterprises xvii. M/s. Ghanshyam - 1,78,11,882 - - Enterprises xviii. M/s. Spark - - 2,06,67,540 - Infrapower (P) Ltd. xix. M/s. Jai Bhawani - - 9,30,54,020 40,69,867 Enterprises Total 8,00,23,080 122,61,97,714 92,59,10

MAHAVIR TRANSMISSIN LTD ,NEW DELHI vs. DCIT, CENTRAL CIRCLE-25 , NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

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

xv. M/s. Sai - 6,04,32,128 - - Enterprises xvi M/s. Sai - 5,85,95,852 - - Enterprises xvii. M/s. Ghanshyam - 1,78,11,882 - - Enterprises xviii. M/s. Spark - - 2,06,67,540 - Infrapower (P) Ltd. xix. M/s. Jai Bhawani - - 9,30,54,020 40,69,867 Enterprises Total 8,00,23,080 122,61,97,714 92,59,10

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

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

xv. M/s. Sai - 6,04,32,128 - - Enterprises xvi M/s. Sai - 5,85,95,852 - - Enterprises xvii. M/s. Ghanshyam - 1,78,11,882 - - Enterprises xviii. M/s. Spark - - 2,06,67,540 - Infrapower (P) Ltd. xix. M/s. Jai Bhawani - - 9,30,54,020 40,69,867 Enterprises Total 8,00,23,080 122,61,97,714 92,59,10