HUAWEI TELECOMMUNICATIONS (INDIA) COMPANY PVT. LTD.,GURGAON vs. ACIT, CIRCLE- 2(1), GURGAON

Bench: Shri R.K. Panda & Shri Kuldip Singh

Transfer Pricing (‘TP') Order based on which the arm's length price of the international transaction has been determined; 2.4. That on the facts and circumstances of the case and in law, the Ld. AO / Ld. TPO has grossly erred in not providing the Appellant with an opportunity to show cause the proposed TP adjustments and thereby disregarding the principles

HUAWEI TELECOMMUNICATIONS (INDIA) COMPANY PVT. LTD.,GURGAON vs. ACIT, CIRCLE- 2(1), GURGAON

Bench: Shri R.K. Panda & Shri Kuldip Singh

Transfer Pricing (‘TP') Order based on which the arm's length price of the international transaction has been determined; 2.4. That on the facts and circumstances of the case and in law, the Ld. AO / Ld. TPO has grossly erred in not providing the Appellant with an opportunity to show cause the proposed TP adjustments and thereby disregarding the principles

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

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

pricing principles under Section 40A(2) and Chapter X-A. The assessee must establish: (a) The operating costs were arm's length (b) The apportionment to assessee was arm's length (c) Documentation was contemporaneously maintained The assessee has failed on all three counts. The vague "mutually agreed" language in the MOU, the absence of detailed cost accounting

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

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

pricing principles under Section 40A(2) and Chapter X-A. The assessee must establish: (a) The operating costs were arm's length (b) The apportionment to assessee was arm's length (c) Documentation was contemporaneously maintained The assessee has failed on all three counts. The vague "mutually agreed" language in the MOU, the absence of detailed cost accounting

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

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

pricing principles under Section 40A(2) and Chapter X-A. The assessee must establish: (a) The operating costs were arm's length (b) The apportionment to assessee was arm's length (c) Documentation was contemporaneously maintained The assessee has failed on all three counts. The vague "mutually agreed" language in the MOU, the absence of detailed cost accounting

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 :

price of acquired land. It may be noted that the assessee is entitled to interest u/s 34 of Land Acquisition Act only if there is delay in payment of compensation on or before taking possession of the acquired land. He has further submitted that award of interest under section 28 of the Land Acquisition Act 1894 discretionary and is determine

M/S. TIME EQUIPMENT P. LTD.,NEW DELHI vs. ACIT, FARIDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2011-12 Vs. Acit, M/S. Time Equipment P. Ltd., C/O- M/S. Rra Tax India, D- Circle-Ii, Faridabad 28, South Extension, Part-I, New Delhi Pan :Aacct8996K (Appellant) (Respondent) Appellant By Shri Somil Aggarwal, Ca & Dr. Rakesh Gupta, Adv. Respondent By Shri Praveen Kumar, Sr.Dr

transferred the finance amount to the assessee after deducting certain charges, which has been termed as subvention charges or bill discounting charges. According to the assessee there is no debtor/creditor or lender/borrower relationship between the financial institution and the assessee company. The Ld. Assessing Officer referred to meaning of the interest as defined in section

M/S. MOET HENNESSY INDIA PVT. LTD.,MUMBAI vs. ACIT, SPECIAL RANGE-6, NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singh

transfer pricing provisions by making ALP adjustment of Rs.6,64,70,841/- which have been deleted by the coordinate Bench of the Tribunal vide order dated 23.08.2018 in ITA No.1906/Del/2014, available at pages 123 to 131 of the paper book. 10. Now, the AO as well as ld. CIT (A) has held the nature of expenses incurred by the assessee

MOET HENNESSY INDIA PVT. LTD.,MUMBAI vs. ACIT, SPECIAL RANGE-6, NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singh

transfer pricing provisions by making ALP adjustment of Rs.6,64,70,841/- which have been deleted by the coordinate Bench of the Tribunal vide order dated 23.08.2018 in ITA No.1906/Del/2014, available at pages 123 to 131 of the paper book. 10. Now, the AO as well as ld. CIT (A) has held the nature of expenses incurred by the assessee

CARGILL TSF ASIA PTE LTD.,SINGAPORE vs. ADIT, NEW DELHI

In the result, both the appeals, preferred by the assessee, stand allowed

Bench: Shri S.V. Mehrotra : & Ms. Suchitra Kamble :

194A, in respect of payment to a resident, the same will be relevant even for the purpose of considering whether the discount should be treated as interest or not. The CBDT has opined that where the supplier of goods makes over the usance bill/hundi to his bank which discounts the same and credits the net amount to the supplier

CARGILL FINANCIAL SERVICES ASIA PTE LTD.- IN LIQUIDATION,SINGAPORE vs. ADIT, NEW DELHI

In the result, both the appeals, preferred by the assessee, stand allowed

Bench: Shri S.V. Mehrotra : & Ms. Suchitra Kamble :

194A, in respect of payment to a resident, the same will be relevant even for the purpose of considering whether the discount should be treated as interest or not. The CBDT has opined that where the supplier of goods makes over the usance bill/hundi to his bank which discounts the same and credits the net amount to the supplier

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri L.P. Sahu

194A. In any case, once amount decreed by Arbitral Tribunal, it is a kind of a judgment debt and overrides the provisions of Income Tax Act; and in support, he relied upon the following judgments:- 1. Islamic Investment Co. v. UOI [2004] 265 ITR 254 (Bom.) I.T.A. No.2126 & 2749/DEL/2013 16 2. Madhusudan Shrikrishna v. Emkay Exports [2010] 188 Taxman

DCIT, NEW DELHI vs. M/S. DLF LTD., NEW DELHI

Bench: Shri Amit Shukla & Shri L.P. Sahu

194A. In any case, once amount decreed by Arbitral Tribunal, it is a kind of a judgment debt and overrides the provisions of Income Tax Act; and in support, he relied upon the following judgments:- 1. Islamic Investment Co. v. UOI [2004] 265 ITR 254 (Bom.) I.T.A. No.2126 & 2749/DEL/2013 16 2. Madhusudan Shrikrishna v. Emkay Exports [2010] 188 Taxman

ACIT, CIRCLE-77(1), DELHI, DELHI vs. SHREE VARDHMAN DEVELOPERS PVT. LTD., DELHI

In the result, the appeal of the appellant is Allowed

Bench: the Hon’ble Tribunal was penalty order u/s 271C of the I.T. Act, 1961, while in this case subject matter of appeal is order u/s 201(1)/201(1A) of the I.T. Act passed by AO.

transfers land to private builders who has to pay user fee for the developed urban infrastructure which is named as EDC. Its business income is taxed by Income Tax Department which includes EDC. The EDC is arising out of an agreement which is in the nature of service contract where colonizers pay EDC to HUDA for creation, development and maintenance

ACIT, CIRCLE-77(1), DELHI, DELHI vs. SHREE VARDHMAN DEVELOPERS PVT. LTD., DELHI

In the result, the appeal of the appellant is Allowed

Bench: the Hon’ble Tribunal was penalty order u/s 271C of the I.T. Act, 1961, while in this case subject matter of appeal is order u/s 201(1)/201(1A) of the I.T. Act passed by AO.

transfers land to private builders who has to pay user fee for the developed urban infrastructure which is named as EDC. Its business income is taxed by Income Tax Department which includes EDC. The EDC is arising out of an agreement which is in the nature of service contract where colonizers pay EDC to HUDA for creation, development and maintenance

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

194A of the Act as the provisions of sec.!94A shall not apply where income is credited or paid to any banking company to which the Banking Regulation Act, 1949 applied. especially when there is no dispute that Kotak Mohindra Bank Ltd, is a banking company to which the Banking Regulation Act, 1949 applies and further that section 19of Banking

RELIGARE FINVEST LTD.,NEW DELHI vs. DCIT, CIRCLE- 21(1), NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

194A of the Act on such interest on CCD and the aforesaid interest aggregating to Rs. 13,75,19,178/- received by REL has been credited to its profit and loss account and was duly included in the taxable income for assessment year 2012-13. Further submitted that the two instruments viz., "debenture" and "shares" are mutually exclusive, with separate

DCIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD., NEW DELHI

In the result, -Appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

194A of the Act on such interest on CCD and the aforesaid interest aggregating to Rs. 13,75,19,178/- received by REL has been credited to its profit and loss account and was duly included in the taxable income for assessment year 2012-13. Further submitted that the two instruments viz., "debenture" and "shares" are mutually exclusive, with separate