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

MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

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

1. Whether the additions suggested by the Transfer Pricing Officer on account of Advertising Marketing and Promotion Expenses ('AMP Expenses' for short) was beyond jurisdiction and bad in law as no specific reference was made by the Assessing Officer with regard to retrospective amendment to Section 92CA of the Income Tax Act, 1961 by the Finance Act, 2012. 2. Whether

MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

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

1. Whether the additions suggested by the Transfer Pricing Officer on account of Advertising Marketing and Promotion Expenses ('AMP Expenses' for short) was beyond jurisdiction and bad in law as no specific reference was made by the Assessing Officer with regard to retrospective amendment to Section 92CA of the Income Tax Act, 1961 by the Finance Act, 2012. 2. Whether

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

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, the appeals of the assessee for both the AYs 2014-15

Bench: Shri Shamim Yahya & Ms. Astha Chandra

transferred workforce and supplier contracts including the right to provide logistics services to IBM India for a maximum period of 15 years. The appellant has characterised these as goodwill and claimed depreciation on the same at the rate of 25% under section 32(i)(ii) of the Act. 20. However, the claim of the assessee was dismissed by the Assessing

GEODIS OVERSEAS PVT. LTD.,GURGAON vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, the appeals of the assessee for both the AYs 2014-15

Bench: Shri Shamim Yahya & Ms. Astha Chandra

transferred workforce and supplier contracts including the right to provide logistics services to IBM India for a maximum period of 15 years. The appellant has characterised these as goodwill and claimed depreciation on the same at the rate of 25% under section 32(i)(ii) of the Act. 20. However, the claim of the assessee was dismissed by the Assessing

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

ii) “relevant assessment years” means the five consec­utive assessment years specified by the assessee at his option under sub- section (3);]] [(iii) “manufacture” includes any— (a) process, or (b) assembling, or (c) recording of programmes on any disc, tape, perforated, media or other information storage device.]]” 28. A plain reading of Section 10A(1) of the Act indicates that profits

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

ii) “relevant assessment years” means the five consec­utive assessment years specified by the assessee at his option under sub- section (3);]] [(iii) “manufacture” includes any— (a) process, or (b) assembling, or (c) recording of programmes on any disc, tape, perforated, media or other information storage device.]]” 28. A plain reading of Section 10A(1) of the Act indicates that profits

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

ii) “relevant assessment years” means the five consec­utive assessment years specified by the assessee at his option under sub- section (3);]] [(iii) “manufacture” includes any— (a) process, or (b) assembling, or (c) recording of programmes on any disc, tape, perforated, media or other information storage device.]]” 28. A plain reading of Section 10A(1) of the Act indicates that profits

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

ii) “relevant assessment years” means the five consec­utive assessment years specified by the assessee at his option under sub- section (3);]] [(iii) “manufacture” includes any— (a) process, or (b) assembling, or (c) recording of programmes on any disc, tape, perforated, media or other information storage device.]]” 28. A plain reading of Section 10A(1) of the Act indicates that profits

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)

II the eligible industrial undertaking on which deduction is allowable. The learned assessing officer noted that during the year, units located at Noida processing Kathha and another unit at Noida processing supari has transferred processed raw material/semi finished goods to the undertaking which is eligible for deduction amounting to ? 658,619,082/- and Rs. 792,144,556/- respectively. The learned

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

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

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 92F (v), an international transaction could include an arrangement, understanding or action in concert, this cannot be a matter of inference. There has to be some tangible evidence on record to show that two parties have "acted in concert". XXX XXX XXX 37. The provisions under Chapter X do envisage a 'separate entity concept'. In other words, there cannot

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 92F (v), an international transaction could include an arrangement, understanding or action in concert, this cannot be a matter of inference. There has to be some tangible evidence on record to show that two parties have "acted in concert". XXX XXX XXX 37. The provisions under Chapter X do envisage a 'separate entity concept'. In other words, there cannot

GREEN INFRA WIND FARM ASSET LTD.,GURUGRAM vs. ACIT, CIRCLE 10(2), NEW DELHI

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

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2016-17] Green Infra Wind Farm Asset Ltd., Vs Acit, 5Th Floor, Tower C, Building No.8, Circle-10(2), Dlf Cyber City, Gurugram, New Delhi. Haryana-122002. Pan-Aaecg4080H Appellant Respondent Appellant By Shri Vartik Chokshi, Ca & Shri Biren Shah, Ca Respondent By Shri Rajesh Kumar Dhanesta, Sr.Dr Date Of Hearing 23.04.2025 Date Of Pronouncement 04.07.2025 Order

transferred, shall be increased or decreased, as the case may be, by the amount or the aggregate of the amounts referred to in the said sub-clause relatable to such foreign operations. Explanation.—For the purposes of this sub-section, the expression— (i)"year of convergence" means the previous year within which the convergence date falls; (ii)"convergence date" means

ORIENTAL BANK OF COMMERCE,GURGAON vs. DCIT, 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

ii) of point No. 1 of this, being valuation of permanent investments, which has been pressed into service by the learned authorized representative, reds as under: “Permanent” investments should be valued at cost and in case cost price is higher than the face value, the premium should be amortized over the remaining period of maturity of the security