DCIT, NEW DELHI vs. M/S. BBC WORLD INDIA (P) LTD., NEW DELHI

In the result appeal of the assessee and the learned assessing officer are allowed for statistical purposes

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

31. As we have already set aside the transfer pricing issue while deciding the appeal of the learned assessing officer for assessment year 2002 – 03, for the similar reasons , we also set aside appeal of the learned assessing officer back to the file of the learned transfer pricing officer to redetermine the arm’s-length price of the international transaction

PCIT-1, NEW DELHI vs. BEAM GLOBAL SPIRITS & WINE (INDIA) PVT. LTD.

Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA

2)(xv) of the Act (Indian Income-tax Act, 1922) if it satisfies otherwise the tests laid down by the law".” 13. In Bausch and Lomb Eyecare (India) vs. Addl. Commissioner of Income Tax11, the position in law as noticed above came to be reiterated in the following words: - “54. Under sections 92B to 92F, the pre-requisite for commencing

PCIT-1, NEW DELHI vs. BEAM GLOBAL SPIRITS & WINE (INDIA)PVT.LTD.

Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA

2)(xv) of the Act (Indian Income-tax Act, 1922) if it satisfies otherwise the tests laid down by the law".” 13. In Bausch and Lomb Eyecare (India) vs. Addl. Commissioner of Income Tax11, the position in law as noticed above came to be reiterated in the following words: - “54. Under sections 92B to 92F, the pre-requisite for commencing

(Now known as Sony India Limited)

Sections (1) and (2) to Section 92C are applicable to the assessed, as well as the Assessing Officer invoking power under Sub-Section (3) to Section 92C of the Act. As noted above, sub-section (2) to Section 92C stipulates that most appropriate method, out of the methods specified in sub-section (1) shall be applied to determine

DCM SHRIIRAM LTD.,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 3 , NEW DELHI

In the result appeal of assessee is partly allowed

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

2), New Delhi, [learned Transfer Pricing Officer/TPO] to determine the arm’s-length price of the international transactions entered into by the assessee as per the provisions of Section 92CA of the act. 06. As stated, that assessee mostly had Specified Domestic Transactions [SDT]. Assessee has shown transfer of power and steam from eligible unit to non-eligible unit during

LI & FUNG INDIA PVT LTD vs. COMMISSIONER OF INCOME TAX

The appeal is allowed and the order dated 25/11/11 of the ITAT Tribunal, Delhi Branch

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

2) of section 92C or, the assessee has not kept information and documents of its international transactions in the form prescribed under Section 92D (1) and the Rules made in that regard or, the information or data used by the assessee in computing the ALP is not reliable or correct or, that the assessee, failed to furnish, within the specified

CIT vs. CUSHMAN AND WAKEFIELD INDIA PVT LTD

The appeal is partly allowed

transfer pricing analysis as contemplated under Section 92; to the contrary, it accepted the assessee’s stated return (absent any benchmarking) as the true and correct value under an implicit (and incorrect) understanding of Section 92(3). 30. As regards the costs incurred by CWHK, a further issue arises. Whilst the costs incurred by Mr. Braganza

MR. J.S. GUJRAL,GURGAON vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

transfer of purposes of this sub-clause,— specified securities is made in (a ) "specified security" means pursuance of an option the securities as defined in exercised by an individual, clause (h ) of section 2 of the the value of the specified Securities Contracts securities shall be taxable in (Regulation) Act, 1956 (42 of the previous year in which

MR. SANJIV NARAYAN,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

transfer of purposes of this sub-clause,— specified securities is made in (a ) "specified security" means pursuance of an option the securities as defined in exercised by an individual, clause (h ) of section 2 of the the value of the specified Securities Contracts securities shall be taxable in (Regulation) Act, 1956 (42 of the previous year in which

MR. RANJEET SINGH,GURGAON vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

transfer of purposes of this sub-clause,— specified securities is made in (a ) "specified security" means pursuance of an option the securities as defined in exercised by an individual, clause (h ) of section 2 of the the value of the specified Securities Contracts securities shall be taxable in (Regulation) Act, 1956 (42 of the previous year in which

MR. KRISHNA KUMAR PANT,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

transfer of purposes of this sub-clause,— specified securities is made in (a ) "specified security" means pursuance of an option the securities as defined in exercised by an individual, clause (h ) of section 2 of the the value of the specified Securities Contracts securities shall be taxable in (Regulation) Act, 1956 (42 of the previous year in which

M/S. NEW DELHI TELEVISION LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri H. S. Sidhu & Shri Prashant Maharishinew Delhi Television Ltd, Vs. Acit, 207, Okhla Industrial Estate, Phase- Circle-13(1), Iii, New Delhi New Delhi Pan: Aaacn0865D (Appellant) (Respondent) Acit, Vs. New Delhi Television Ltd, Circle-13(1), 207, Okhla Industrial Estate, New Delhi Phase-Iii, New Delhi Pan: Aaacn0865D (Appellant) (Respondent)

transfer pricing Officer vide order dated 14 September 2011 accepted the ALP of the all international transactions undertaken by the appellant. He further stated that the CIT – A has also erred in upholding the addition on account of the alleged transaction of issue of corporate guarantee without appreciating that there was no corporate guarantee given by the assessee

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

Bench: Shri H. S. Sidhu & Shri Prashant Maharishinew Delhi Television Ltd, Vs. Acit, 207, Okhla Industrial Estate, Phase- Circle-13(1), Iii, New Delhi New Delhi Pan: Aaacn0865D (Appellant) (Respondent) Acit, Vs. New Delhi Television Ltd, Circle-13(1), 207, Okhla Industrial Estate, New Delhi Phase-Iii, New Delhi Pan: Aaacn0865D (Appellant) (Respondent)

transfer pricing Officer vide order dated 14 September 2011 accepted the ALP of the all international transactions undertaken by the appellant. He further stated that the CIT – A has also erred in upholding the addition on account of the alleged transaction of issue of corporate guarantee without appreciating that there was no corporate guarantee given by the assessee

NOBLE RESOURCE & TRADING INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed with above direction

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Section 36 (2) of the Income Tax Act, 1961 and then allow the same if found in accordance with the law. Accordingly, ground No. 6 of the appeal of the assessee is allowed with above direction. 30. Ground number 7, 8, 9 and 10 are general in nature and therefore they are dismissed. 31. Accordingly, appeal filed by the assessee

NOBLE RESOURCES & TRADING INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal is allowed with above direction

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Section 36 (2) of the Income Tax Act, 1961 and then allow the same if found in accordance with the law. Accordingly, ground No. 6 of the appeal of the assessee is allowed with above direction. 30. Ground number 7, 8, 9 and 10 are general in nature and therefore they are dismissed. 31. Accordingly, appeal filed by the assessee

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

price of the asset was fixed it was between the parties to decide about the terms of payments which unless prohibited in the statute cannot be gone behind. 15. On an examination of the lease deed, the ITAT held that the leasehold rights in the business assets were sold for Rs.20.729 crore which was undoubtedly agreed to be paid

CIT vs. M/S TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

price of the asset was fixed it was between the parties to decide about the terms of payments which unless prohibited in the statute cannot be gone behind. 15. On an examination of the lease deed, the ITAT held that the leasehold rights in the business assets were sold for Rs.20.729 crore which was undoubtedly agreed to be paid

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

price of the asset was fixed it was between the parties to decide about the terms of payments which unless prohibited in the statute cannot be gone behind. 15. On an examination of the lease deed, the ITAT held that the leasehold rights in the business assets were sold for Rs.20.729 crore which was undoubtedly agreed to be paid