LG ELECTRONICS INDIA (P) LTD.,NEW DELHI vs. ACIT, NOIDA

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

Bench: Shri R. K. Panda & Shri Kuldip Singh

33B by which escaped income can be brought to tax, there is reason to think that the view expressed uniformly about the limits of the powers of the Appellate Assistant as the true exposition of the words of the section. If it were not, one would expect that the legislature would have amended section 31 and specified the other intention

LG ELECTRONICS INDIA (P) LTD.,NEW DELHI vs. ACIT, NOIDA

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

Bench: Shri R. K. Panda & Shri Kuldip Singh

33B by which escaped income can be brought to tax, there is reason to think that the view expressed uniformly about the limits of the powers of the Appellate Assistant as the true exposition of the words of the section. If it were not, one would expect that the legislature would have amended section 31 and specified the other intention

MANPOWERGROUP SERVICES INDIA PRIVATE LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, DELHI , JHANDEWALAN EXTENSION, NEW DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri Mahavir Singh & Shri Naveen Chandra

transfer pricing order dated 29 July 2023 and the AO vide draft/final assessment order dated 30 September 2023, made certain additions/denied claims made by the Assessee and assessed the total income at Rs. 25,71,69,208/- which was upheld by the DRP. Details of additions made / claims disallowed are as under: SI. Section Adjustment/disallowance Amount (Rs.) No 1 80JJAA

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

33B, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation : The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of clause (iii) of this

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

33B, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation : The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of clause (iii) of this

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

33B, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation : The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of clause (iii) of this

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

33B, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation : The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of clause (iii) of this

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

33B, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation : The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of clause (iii) of this

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

33B, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation : The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of clause (iii) of this

PR. COMMISSIONER OF INCOME TAX -2 vs. CINCOM SYSTEMS INDIA PVT. LTD.

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

Transfer Pricing Officer had not verified whether the expenditure claimed was correct. Recording the aforesaid findings, the Assessing Officer disallowed the entire claim of Rs.1,48,89,090/- under section 10A of the Act. 5. The aforesaid addition was deleted by the Commissioner of Income Tax (Appeals), who observed that the respondent-assessee was maintaining separate accounts for STPI

ACIT, CIRCLE- 4(1), GURGAON vs. LEMON TREE LAND AND DEVELOPERS PVT. LTD., NEW DELHI

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

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

Pricing assessment order of the immediately preceding A.Y 2013-14, the ld. CIT(A) held that the market rate to be taken should be 14.55% and directed the Assessing Officer accordingly. 16. Before us, the ld. counsel for the assessee had drawn our attention to the respective agreements with the two parties, namely, Tata Housing Development

LEMON TREE LAND AND DEVELOPERS PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 2, GURGAON

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

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

Pricing assessment order of the immediately preceding A.Y 2013-14, the ld. CIT(A) held that the market rate to be taken should be 14.55% and directed the Assessing Officer accordingly. 16. Before us, the ld. counsel for the assessee had drawn our attention to the respective agreements with the two parties, namely, Tata Housing Development

M/S. KANHA CAPITAL SERVICES LTD.,DELHI vs. PR. CIT- 5, NEW DELHI

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing)

transfers." The role of the revenue authorities in tackling the menace of laun dering black money was commented by the learned author as follows : "It has to be kept in view that India has a problem of black eco nomy, which is unaccounted and many a time the holders of black money also launder the black money in order

M/S. SATYASHIV SHARES & SECURITIES PVT. LTD.,NEW DELHI vs. PR. CIT= 8, NEW DELHI

Bench: Shri Prashant Maharishi & Shri K.N.Charym/S. Satyashiv Shares & Vs. Pr. Commissioner Of Income Securities Pvt. Ltd, Tax, M-11, South Extension, Part-2, New Delhi New Delhi Pan: Aancs5482Q (Appellant) (Respondent)

transfers." The role of the revenue authorities in tackling the menace of laun dering black money was commented by the learned author as follows : "It has to be kept in view that India has a problem of black eco nomy, which is unaccounted and many a time the holders of black money also launder the black money in order

ACIT, NEW DELHI vs. M/S. JAGAN AUTOMOTIVE PVT. LTD., NEW DELHI

In the result, the appeal of revenue is dismissed and the Cross

Bench: Sh. Bhavnesh Sainidr. B. R. R. Kumarita No. 5382/Del./2011 : Asstt. Year : 2008-09 Acit, Vs M/S Jagan Automotive Pvt. Ltd., Circle 4(1) No. 14, Dda Transport Centre, New Delhi. Punjabi Bagh, New Delhi-110026 (Appellant) (Respondent) Pan No. Aabcj7818F & C.O. No.220/Del/2012 (In Ita No. 5382/Del./2011 : Asstt. Year : 2008-09) M/S Jagan Automotive Pvt. Ltd., Acit, No.14, Dda Transport Centre, Vs Circle-4(1), Punjabi Bagh, New Delhi New Delhi Pan : Aabcj7818F (Appellant) (Respondent) Assessee By : Sh. C. S. Aggarwal, Sr. Adv. Revenue By : Sh. Deepak Garg, Sr. Dr Date Of Hearing: 15.10.2019 Date Of Pronouncement: 19.12.2019

price is Rs.71,47,249/-. 31. The inventory of the stock found during the survey operation at Transport Centre, New Delhi is as under:(page no. 62 of the paper book) S.No. ITEM QTY RATE AMOUNT 1 H4 12V 100/90 W 200000 34 6800000.00 2 H4 12V 100/90 CP 289159 35 10120598.00 3 H4 24V 100/90

NTT DATA GLOBAL DELIVERY SERVICES LTD.,BANGALORE vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishintt Data Global Delivery Vs. Dcit, Services Ltd, Circle-13(1), No. 17, South End Road, New Delhi Bangalore Pan: Aabck7777J (Appellant) (Respondent)

transfer pricing adjustment also during the course of assessment proceedings. Consequently, the returned income of the assessee of INR 30 170 320720/– was assessed at INR 70 21138145/– wide order under section 143 (3) of the income tax act wide order dated 28/3/2013. 4. The order of the learned AO was challenged before the learned CIT – A. He passed

COMMISSIONER OF INCOEM TAX DEL vs. UNIPATCH RUBBER LTD.

Appeal is dismissed

33B, in the circumstances and within the period specified in that section : Provided further that the condition in clause (iii) shall, in relation to a small-scale industrial undertaking, apply as if the words “not being any article or thing specified in the list in the Eleventh Schedule” had been omitted. Explanation 1.—For the purposes of clause

COMMISSIONER OF INCOME TAX DEL-III vs. UNIPATCH RUBBER LTD

Appeal is dismissed

33B, in the circumstances and within the period specified in that section : Provided further that the condition in clause (iii) shall, in relation to a small-scale industrial undertaking, apply as if the words “not being any article or thing specified in the list in the Eleventh Schedule” had been omitted. Explanation 1.—For the purposes of clause