SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. DCIT CIRCLE-22(2), NEW DELHI

In the result, the appeal of the assessee is partly allowed in the aforesaid manner

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

234A and 234B of the Act. 37. That on the facts and circumstances of the case and in law, the AO erred in initiating penalty proceedings under Section 271(l)(c) and Section 271 BA and Section 271AA of the Act for furnishing of Inaccurate particulars and concealment of income.” 7. For the sake of convenience, we are dealing with

PEPSICO INDIA HOLDINGS PVT. LTD.,GURGAON vs. ACIT, CENTRAL CIRCLE-7, NEW DELHI

In the result, the appeal of the assessee is allowed and the Stay

Bench: Shri Shamim Yahya & Ms. Astha Chandra[Assessment Year: 2018-19]

234A of the Act. 35. That the NFAC erred in levying interest under section 234B of the Act. 36. That the NFAC erred in levying interest under section 234C of the Act. 37. That the NFAC erred in levying interest under section 234D of the Act. 38. That the NFAC erred in withdrawing/ reducing interest under section 244A

SRF LIMITED ,DELHI vs. ACIT, CIRCLE-10(1), DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

prices at which power was purchased from respective State Electricity Board. 64. In a case where the assessee operates a Wind Power Mill (WPP) unit at Tamil Nadu to generate electricity primarily for consumption by its manufacturing units. During the year, the assessee had transferred the WPP units at effective rate of Rs. 6.35 p.u, based on fact that Tamil

SRF LIMITED,DELHI vs. ASSISTANT / DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 10(1), NEW DELHI, DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

prices at which power was purchased from respective State Electricity Board. 64. In a case where the assessee operates a Wind Power Mill (WPP) unit at Tamil Nadu to generate electricity primarily for consumption by its manufacturing units. During the year, the assessee had transferred the WPP units at effective rate of Rs. 6.35 p.u, based on fact that Tamil

SRF LIMITED,NEW DELHI vs. ACIT, CIRCLE-10(1), DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

prices at which power was purchased from respective State Electricity Board. 64. In a case where the assessee operates a Wind Power Mill (WPP) unit at Tamil Nadu to generate electricity primarily for consumption by its manufacturing units. During the year, the assessee had transferred the WPP units at effective rate of Rs. 6.35 p.u, based on fact that Tamil

UCWEB MOBILE PRIVATE LIMITED,GURGAON vs. ASSESSMENT UNIT, INOCOME TAX DEPARTMENT, GURGAON

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

Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANISH AGARWAL (Accountant Member)

234A of the Act. That Ld. AO has erred in law and in fact, by levying an interest of INR 5,87,66,765/- in the assessment order under section 234B of the Act. That Ld. AO has erred in law and in fact, by levying an interest of INR 4,19,969/- in the assessment order under section 234C

ADOBE SYSTEMS SOFTWARE IRELAND LTD,IRELAND vs. ACIT, CIRCLE 1(1)(1), INTERNATIONAL TAXATION, NEW DELHI

Appeal is allowed in terms indicate above

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2016-17] Adobe Systems Software Ireland Vs Acit, Ltd., 406, Riverwalk, Citywest Circle-1(1)(1), Business Campus, Saggart, International Dublin 24, Ireland Taxation, Pan-Aahca7203M New Delhi. Appellant Respondent Appellant By Shri Ravi Sharma, Adv. & Ms. Shruti Khimta, Ar Respondent By Shri Vizay B.Vasanta, Cit Dr Date Of Hearing 12.12.2023 Date Of Pronouncement 22.12.2023 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Ld.Acit, Circle-International Taxation 1(1)(1), Delhi Dated 24.01.2023 For The Assessment Year 2016-17. 2. The Assessee Has Raised Following Grounds Of Appeal:-

transfer pricing issue and grossly erred on facts and in law in disregarding established judicial pronouncements in India, including the orders of the Hon'ble ITAT in the Appellant's own cases for earlier years, on the issue that once the associated enterprise, that also allegedly constitutes a PE, (Adobe India in the present case) has been renumerated

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

DCIT CENTRAL CIRCLE- 19, NEW DELHI vs. KRBL LIMITED, DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL

KRBL LIMITED,DELHI vs. DCIT CENTRAL CIRCLE- 07, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

Bench: Sh. A.D. Jaindr. B. R. R. Kumarita No. 1196/Del/2020 : Asstt. Year: 2010-11 Ita No. 1197/Del/2020 : Asstt. Year: 2011-12

234A of the Act is unlawful/incorrect and liable to be deleted.” 9. In ITA No.1338/Del/2020, the Revenue has raised following grounds of appeal: “1. Whether in the circumstances of the case, the Ld.CIT(A) has erred on facts and in law in deleting the addition of Rs. 182,02,93,457/- by holding that no ITA Nos.1338 to 1344/Del/2020 KRBL