TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

2 (47) of the Act. The meaning of transfer in Section 269UA(f) has to be restricted for the purposes of Chapter XXC. The ITAT also held that merely because the payment of instalment was shown as lease rental, it could not be said that the instalments paid did not form part of the price

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

2 (47) of the Act. The meaning of transfer in Section 269UA(f) has to be restricted for the purposes of Chapter XXC. The ITAT also held that merely because the payment of instalment was shown as lease rental, it could not be said that the instalments paid did not form part of the price

THE COMMISSIONER OF INCOME TAX vs. M/S NALWA INVESTMENT LTD.

Appeals are allowed

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

section 47 of the Act. If the shares are held as stock-in- trade, income shall be chargeable to income-tax under the head “profits and gain of business or profession”. Here the spotlight should not entirely be on the concept of ‘transfer’ but instead whether there is business income in hands of the assessee. We, therefore, now proceed

COMMISSIONER OF INCOME TAX DEL vs. M/S MANSAROVAR INVESTMENTS LTD

Appeals are allowed

section 47 of the Act. If the shares are held as stock-in- trade, income shall be chargeable to income-tax under the head “profits and gain of business or profession”. Here the spotlight should not entirely be on the concept of ‘transfer’ but instead whether there is business income in hands of the assessee. We, therefore, now proceed

COMMISSIONER OF INCOME TAX DEL vs. M/S ABHUINANDAN INVESTMENTS LT

Appeals are allowed

section 47 of the Act. If the shares are held as stock-in- trade, income shall be chargeable to income-tax under the head “profits and gain of business or profession”. Here the spotlight should not entirely be on the concept of ‘transfer’ but instead whether there is business income in hands of the assessee. We, therefore, now proceed

COMMISSIONER OF INCOME TAX DEL vs. M/S M/S JINDAL EQUIPMENT LEASI

Appeals are allowed

section 47 of the Act. If the shares are held as stock-in- trade, income shall be chargeable to income-tax under the head “profits and gain of business or profession”. Here the spotlight should not entirely be on the concept of ‘transfer’ but instead whether there is business income in hands of the assessee. We, therefore, now proceed

COMMISSIONER OF INCOME TAX DEL vs. M/S MANSAROVAR INVESTMENTS LTD

Appeals are allowed

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

section 47 of the Act. If the shares are held as stock-in- trade, income shall be chargeable to income-tax under the head “profits and gain of business or profession”. Here the spotlight should not entirely be on the concept of ‘transfer’ but instead whether there is business income in hands of the assessee. We, therefore, now proceed

COMMISSIONER OF INCOME TAX vs. ANKITECH PVT LTD

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

price of the goods and materials supplied in a building contract which had been entered into in two distinct and separate parts as stated above. It could not have been the contention of the revenue prior to the 46th Amendment that when the goods and materials had been supplied under a distinct and separate contract by the contractor

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

section 234D of the Act.” 47. For assessment year 2007 – 08, the learned transfer pricing officer considered the reimbursement of INR 45,100,000 as part of the cost base of the assessee and therefore determined the profit level indicator of the assessee at (-) 13.98% whereas the PLI of the comparables was determined at 13.04% and thus worked

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) of section 288; Digitally Signed By:KAMLESH KUMAR Signing Date:07.03.2025 15:09:32 Signature Not Verified ITA 155/2022 & 156/2022 Page 5 of 38 (ii) "arm's length price" means a price which is applied or proposed to be applied in a transaction between persons other than associated enterprises, in uncontrolled conditions; (iii) "enterprise" means a person (including

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) of section 288; Digitally Signed By:KAMLESH KUMAR Signing Date:07.03.2025 15:09:32 Signature Not Verified ITA 155/2022 & 156/2022 Page 5 of 38 (ii) "arm's length price" means a price which is applied or proposed to be applied in a transaction between persons other than associated enterprises, in uncontrolled conditions; (iii) "enterprise" means a person (including

(Now known as Sony India Limited)

47. The majority decision of the Tribunal in L.G. Electronics India Pvt Ltd. (supra) has rightly drawn a distinction between sub-section (2B) and sub-section (2A) to Section 92CA of the Act. Sub-section (2A) was inserted in 2011, i.e. nearly one year before insertion of Section (2B) by the Finance Act, 2012. Sub- section (2A) has not been

COMMISSIONER OF INCOME TAX vs. MENTOR GRAPHICS (NOIDA) PVT.LTD

The appeal is allowed

section 92C on the basis of such material or informaction or document available with him. After the Transfer Pricing Officer determines the arm’s length price, it is incumbent upon him to send a copy of the order to the assessing officer and to the assessee. In the present case what has happened is that the Transfer Pricing Officer

SAAMAG CONSTRUCTION LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

section 15 of UPD Act. The assessee-company has precisely done this and has obtained the approval of GDA for construction of 3,22,469 sq. ft FSI. This permission from GDA has been received in financial year 2012-13 and accordingly the assessee- company has admitted the corresponding development rights consideration as income. The details of the approval received

SAGA DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

section 15 of UPD Act. The assessee-company has precisely done this and has obtained the approval of GDA for construction of 3,22,469 sq. ft FSI. This permission from GDA has been received in financial year 2012-13 and accordingly the assessee- company has admitted the corresponding development rights consideration as income. The details of the approval received

PYRAMID REALTORS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

section 15 of UPD Act. The assessee-company has precisely done this and has obtained the approval of GDA for construction of 3,22,469 sq. ft FSI. This permission from GDA has been received in financial year 2012-13 and accordingly the assessee- company has admitted the corresponding development rights consideration as income. The details of the approval received

SAAMAG DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

section 15 of UPD Act. The assessee-company has precisely done this and has obtained the approval of GDA for construction of 3,22,469 sq. ft FSI. This permission from GDA has been received in financial year 2012-13 and accordingly the assessee- company has admitted the corresponding development rights consideration as income. The details of the approval received

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

47, 69, 83, 904 from the AE, which ought to be considered as an international transaction of rendering buying support services to AE under the Transfer Pricing provisions under Sections 92 to 92F of the IT Act. To justify that the transaction was at arm‟s length, LFIL applied the Transactional Net Margin Method (TNMM) as the most appropriate, considering