MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms, but with no orders as to costs

transfer pricing in the form of Sections 92B to 92F. 59. Nevertheless, there is no specific mention of AMP expenses as one of the items of expenditure which can be deemed to be an international transaction. For this purpose, Section 92B(1) read with Section 92(1) becomes significant. Under Section 92B(1) an 'international transaction' means- (a) a transaction

MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms, but with no orders as to costs

transfer pricing in the form of Sections 92B to 92F. 59. Nevertheless, there is no specific mention of AMP expenses as one of the items of expenditure which can be deemed to be an international transaction. For this purpose, Section 92B(1) read with Section 92(1) becomes significant. Under Section 92B(1) an 'international transaction' means- (a) a transaction

EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

Transfer Pricing Officer (TPO) under section 92CA of the Act. During such proceedings, - the TPO, vide notice dated 25.02.2021, inter-alia, required the assessee to submit the details of change in shareholding structure and other international transactions [refer pages 97-98 of paperbook]; and - in response thereto, the appellantvide reply dated 07.07.2021 submitted (as Annexure-11 to the reply

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

1) of the Act as it stood during the assessment years involved in the present case of the Act, clearly, indicated that the income of the Assessee derived from an eligible unit will have 2015:DHC:8531-DB ITA Nos. 83/2003 & 124/2003 Page 26 of 32 to be excluded from the total income of the Assessee. The point in issue

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

1) of the Act as it stood during the assessment years involved in the present case of the Act, clearly, indicated that the income of the Assessee derived from an eligible unit will have 2015:DHC:8533-DB ITA Nos. 83/2003 & 124/2003 Page 26 of 32 to be excluded from the total income of the Assessee. The point in issue

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

1) of the Act as it stood during the assessment years involved in the present case of the Act, clearly, indicated that the income of the Assessee derived from an eligible unit will have 2015:DHC:8533-DB ITA Nos. 83/2003 & 124/2003 Page 26 of 32 to be excluded from the total income of the Assessee. The point in issue

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

1) of the Act as it stood during the assessment years involved in the present case of the Act, clearly, indicated that the income of the Assessee derived from an eligible unit will have 2015:DHC:8531-DB ITA Nos. 83/2003 & 124/2003 Page 26 of 32 to be excluded from the total income of the Assessee. The point in issue

M/S. AMERICAN EXPRESS SERVICES INDIA LIMITED,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed by the assessee are allowed for

Bench: Shri Shamim Yahya & Shri Anubhav Sharma

transfer pricing documentation requirements and disregarding the Appellant's claim for use of multiple year data for computing the arm's length price. 13. That on facts and circumstances of the case and in law, the learned AO/TPO/CIT(A) have erred by not considering that the adjustment to the arm's length price, if any, should be limited

AMERICA EXPRESS SERVICES INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals filed by the assessee are allowed for

Bench: Shri Shamim Yahya & Shri Anubhav Sharma

transfer pricing documentation requirements and disregarding the Appellant's claim for use of multiple year data for computing the arm's length price. 13. That on facts and circumstances of the case and in law, the learned AO/TPO/CIT(A) have erred by not considering that the adjustment to the arm's length price, if any, should be limited

TUPPERWARE INDIA PRIVATE LIMITED,NEW DELHI vs. ACIT, CIRCLE-25(1) , NEW DELHI

In the result, the appeal of the assessee for AY 2018-19 is partly allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri M. Balaganesh

Section 92B (1) what has to be definitely shown is the existence of transaction whereby MSIL has been obliged to incur AMP of a certain level for SMC for the purposes of promoting the brand of SMC. 12. The Ld. Counsel for appellant further relied the decision in case of Sony Ericsson Mobile Communications India Pvt. Ltd. (ITA No. 16/2014

TUPPERWARE INDIA PRIVATE LIMITED,NEW DELHI vs. DCIT,CIRCLE-25(1), NEW DELHI

In the result, the appeal of the assessee for AY 2018-19 is partly allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri M. Balaganesh

Section 92B (1) what has to be definitely shown is the existence of transaction whereby MSIL has been obliged to incur AMP of a certain level for SMC for the purposes of promoting the brand of SMC. 12. The Ld. Counsel for appellant further relied the decision in case of Sony Ericsson Mobile Communications India Pvt. Ltd. (ITA No. 16/2014

DCIT, CC-29, NEW DELHI vs. DHARAMPAL SATYALPAL LTD., NEW DELHI

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.I.T.A. No. 1977/Del/2020 (A.Y 2014-15)

1,775,691,170, therefore he reduced the profit of eligible unit by 32,49,27,532/-. The learned assessing officer categorically noted that this addition is made on the basis of the report of the special auditor in previous year and further the fact of the present assessment year are also same as the fact of the earlier year

DIRECTOR OF INCOME TAX (EXEMPTION) vs. CHARANJIV CHARITABLE TRUST

In the result both aspects of the first substantial question of law

Bench: It, Two By The Assessee Relating To The Assessment Years 2006-07 & 2007-08 & One By The Revenue Relating To The Assessment Year 2006-07. In Other Words, In Respect Of The Assessment Year 2006-07, There Were Cross- 2014:Dhc:1467-Db

transfer” inclusively for the purpose of levying capital gains, would be 2014:DHC:1467-DB ITA Nos.321/2013, 322/2013 & 323/2013 Page 25 of 40 applicable and capital gains would have been declared by the APIL but in view of APIL’s reply, the assessing officer concluded that possession of the land was not given to the assessee. He further noted that

HEADSTRONG SERVICES INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee stands partly allowed for statistical purposes in terms of our observations contained in the preceding paragraphs

Bench: Shri B. R. R. Kumar

Section 92D(1) and Rule 10D(1) and Rule 10D(4) of the Rules direct that, the comparison should be based on contemporaneous data. It needs to be appreciated that requirement of the existence of information and documentation doesn’t override the provisions of Rule 10B(4)of the Rules regarding the mandatory use of current financial year data

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

1) Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that lease for a period of ten years of plant and machinery along with land and building was a capital asset within the meaning of section 2 (14) of the Act? (2) Whether on the facts and circumstances of the case

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

1) Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that lease for a period of ten years of plant and machinery along with land and building was a capital asset within the meaning of section 2 (14) of the Act? (2) Whether on the facts and circumstances of the case

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

In the result, the appeal of the assessee is treated as allowed for statistical purposes subject to the directions contained in para 11, 18 and 19 above

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2020-21

Transfer Pricing Officer (“TPO”) by the Ld. AO in view of the fact that the transaction entered by the assessee with Adobe Systems India Pvt. Ltd. (“Adobe India”) has always been accepted at Arm’s Length Price (“ALP”) by the preceding TPO(s). 3.1 During the course of assessment proceedings the Ld. AO issued show cause notice

ORIENTAL BANK OF COMMERCE,GURGAON vs. ADDL. CIT, NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Sh. A. D. Jain, Vice-Dr. B. R. R. Kumarita No. 1581/Del/2017 : Asstt. Year : 2012-13 Ita No. 1582/Del/2017 : Asstt. Year : 2013-14 Ita No. 1583/Del/2017 : Asstt. Year : 2014-15 Ita No. 1199/Del/2018 : Asstt. Year : 2015-16 Oriental Bank Of Commerce, Vs Addl. Cit, Central Accounts Office, Plot No. 5, Range-13 (Present Range-19) Sector-32, Institutional Area, New Delhi Gurgaon-122001 Dcit/Acit, Circle-19(1), New Delhi (Appellant) (Respondent) Pan No. Aaaco0191M

price is higher than the face value, ‘the premium should be amortized for the remaining period of maturity of the security’. From the above, it is clear that the premium has to be amortized for the remaining period of maturity of the security. The learned authorized representative fairly conceded that details of such premium splitting over the remaining period