THOMSON PRESS (INDIA) LTD vs. COMMISSIONER OF INCOME TAX-II

282 (SC) reiterated that the phrase “prejudicial to the interest of revenue” as used in Section 263(1) of the Act must be read in conjunction with the expression “erroneous” and unless the view taken by the AO is found to be unsustainable in law, the powers under Section 263 of the Act cannot be invoked. 25. Following the aforesaid

THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX-II

282 (SC) reiterated that the phrase “prejudicial to the interest of revenue” as used in Section 263(1) of the Act must be read in conjunction with the expression “erroneous” and unless the view taken by the AO is found to be unsustainable in law, the powers under Section 263 of the Act cannot be invoked. 25. Following the aforesaid

THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX-II

282 (SC) reiterated that the phrase “prejudicial to the interest of revenue” as used in Section 263(1) of the Act must be read in conjunction with the expression “erroneous” and unless the view taken by the AO is found to be unsustainable in law, the powers under Section 263 of the Act cannot be invoked. 25. Following the aforesaid

PEPSICO INDIA HOLDINGS PVT. LTD.,GURGAON vs. ACIT, CC-07, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri G. S. Pannua N D Shri Challa Nagendra Prasad

section 92B of the Act based on assumptions, surmises and conjectures. 12. Without prejudice, the TPO/DRP/AO erred in concluding that the AMP expenses incurred by the Appellant resulted in the enhanced brand value of the brands owned by the AE. 13. Without prejudice, the TPO/DRP/AO erred in concluding that the AE reaped the benefits of marketing activities carried

COMMISSIONER OF INCOME TAX vs. DISCOVERY COMMUNICATION INDIA

The appeals are disposed of

Section 260A of the Income Tax Act, 1961(Act, for short) relating to assessment years 2002-03, 2003-04 and 2004-05 in the case of the respondent-assessee, Discovery Communication India. In the three appeals the following questions were framed for hearing and adjudication:- ITA 1297/2010 (Assessment Year 2002-03) “a) Whether the Income Tax Appellate Tribunal (in short

DCIT, INTERNATIONAL TAXATION, CIRCLE GURGAON , GURUGRAM vs. LUMMUS TECHNOLOGY HEAT TRASFER BV- INDIA BRANCH OFFICE , GURGAON

In the result, the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

transfer pricing order under section 92CA(3) of the Act. Disallowance of proportionate expenses 4,31,695 in relation to income taxable under section 44D Estimate basis income tor sales 1,01,56,282

DCIT, INTERNATIONAL TAXATION, CIRCLE GURGAON , GURUGRAM vs. LUMMUS TECHNOLOGY HEAT TRASFER BV- INDIA BRANCH OFFICE , GURGAON

In the result, the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

transfer pricing order under section 92CA(3) of the Act. Disallowance of proportionate expenses 4,31,695 in relation to income taxable under section 44D Estimate basis income tor sales 1,01,56,282

DCIT, INTERNATIONAL TAXATION, CIRCLE GURGAON , GURUGRAM vs. LUMMUS TECHNOLOGY HEAT TRASFER BV- INDIA BRANCH OFFICE , GURGAON

In the result, the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

transfer pricing order under section 92CA(3) of the Act. Disallowance of proportionate expenses 4,31,695 in relation to income taxable under section 44D Estimate basis income tor sales 1,01,56,282

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

transfer the assets or documents, which he believes belongs to the assessee, to the assessing officer having jurisdiction over that assessee. The assessing officer of the assessee on receipt of such asset or document seized would have jurisdiction to commence proceedings under Section 153C of the Act. The assessing officer has, thereafter, to apply his mind as to whether

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

transfer the assets or documents, which he believes belongs to the assessee, to the assessing officer having jurisdiction over that assessee. The assessing officer of the assessee on receipt of such asset or document seized would have jurisdiction to commence proceedings under Section 153C of the Act. The assessing officer has, thereafter, to apply his mind as to whether

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

transfer the assets or documents, which he believes belongs to the assessee, to the assessing officer having jurisdiction over that assessee. The assessing officer of the assessee on receipt of such asset or document seized would have jurisdiction to commence proceedings under Section 153C of the Act. The assessing officer has, thereafter, to apply his mind as to whether

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

transfer the assets or documents, which he believes belongs to the assessee, to the assessing officer having jurisdiction over that assessee. The assessing officer of the assessee on receipt of such asset or document seized would have jurisdiction to commence proceedings under Section 153C of the Act. The assessing officer has, thereafter, to apply his mind as to whether

PRAGATI POWER CORPORATION LTD,NEW DELHI vs. ACIT, CIRCLE 20(1), NEW DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

282 ITR 273 (SC) CIT vs Excel Industries Ltd. (2013) 358 ITR 295 (SC) CIT vs Realest Builders & Services (2008) 307 ITR 202 (SC) DCIT Circle-33 vs India housing (2020) 113 Taxmann.com 535 (ITAT-Kolkata) Bodal Chemicals Ltd. vs Addl CIT (2019) 112 Taxmann.com 217 (ITAT-Ahmedabad) Travencore Textiles P. Ltd. vs ITO (ITA No.3193/Chny/2018) (ITAT-Chennai) AVTEC Limited

JUBILANT INGREVIA LIMITED,BHARTIAGRAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, MORADABAD

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri M. Balaganesh & Shri Raj Kumar Chauhanjubilant Ingrevia Ltd, Vs. Acit-1, Bhartiagram Bhartia Gram, So Moradabad, Up Dhanaura, Jyotiba Phule Nagar, Uttar Pradesh (Appellant) (Respondent) Pan: Aaecj6722D

282/-, being the sum paid towards leave encashment under section 43B of the Act. 5. That on the facts and circumstances of the case and in law, the Ld. ACTT grossly erred in making an ad-hoc addition of Rs 1,45,02,172/- without supplying any basis thereof to the assesse company, thereby depriving the assessee of any opportunity

ACIT, DELHI vs. M/S. UNITECH WIRELESS TAMILNADU PVT. LTD., NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

1. - Discount offered 5. Consideration Hon’ble a. In consideration of the High Court of Considera Distributor fulfilling its Delhi in the tion obligations contemplated under case of Idea this Agreement, UNITECH Cellular WIRELESS shall provide to the concluded that Distributor, the Service Cards the relationship at Landed Price as may be between communicated to the Distributor telecom service

ACIT, DELHI vs. M/S. UNITECH WIRELESS TAMILNADU PVT. LTD., NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

1. - Discount offered 5. Consideration Hon’ble a. In consideration of the High Court of Considera Distributor fulfilling its Delhi in the tion obligations contemplated under case of Idea this Agreement, UNITECH Cellular WIRELESS shall provide to the concluded that Distributor, the Service Cards the relationship at Landed Price as may be between communicated to the Distributor telecom service

M/S. UNITECH WIRELESS (TAMILNADU) PVT. LTD.,,GURGAON vs. ACIT, NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

1. - Discount offered 5. Consideration Hon’ble a. In consideration of the High Court of Considera Distributor fulfilling its Delhi in the tion obligations contemplated under case of Idea this Agreement, UNITECH Cellular WIRELESS shall provide to the concluded that Distributor, the Service Cards the relationship at Landed Price as may be between communicated to the Distributor telecom service

M/S. UNITECH WIRELESS (TAMILNADU) PVT. LTD.,,GURGAON vs. ACIT, NEW DELHI

In the result, the ground of appeal raised by the revenue is allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

1. - Discount offered 5. Consideration Hon’ble a. In consideration of the High Court of Considera Distributor fulfilling its Delhi in the tion obligations contemplated under case of Idea this Agreement, UNITECH Cellular WIRELESS shall provide to the concluded that Distributor, the Service Cards the relationship at Landed Price as may be between communicated to the Distributor telecom service